Amanuensis Monday~Guardianship of Jas. K. & E. B. Smith

Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.

His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Today’s subject is the Guardianship of Jas. K. & E. B. Smith.¹

Shortly before 3 January 1890, James K. Smith and his brother Elisha Brown Smith, Jr. submitted a request to the Courts for the the appointment of a Guardian. This request is rather strange in that both of these boys were approaching the age of majority. James K. Smith, born March 1870 was approaching his 20th birthday and E. B. Smith, born July 1872 was almost 18 years of age.

Their Father E. B. Smith, Sr., died in 11 January 1873 and their Mother passed away 19 July 1874 leaving both of these boys without parents while they were still infants. 

What prompted this request to be made so late? Seems to me it was more appropriate to submit the request back in July 1874 when their only living parent passed away. 














State of South Carolina}
County of Chesterfield}
The Petitioner showeth the Court
I. That Jas. K. Smith & E. B. Smith are infants one the age of fourteen
II. That they have no Guardian testamentary or otherwise.
III. That they ar interested in an Estate now in procefs of Settlement in this county and are in need of a Guardian wherefore petitioners prays that Jessey C. Smith may be appointed Guardian for Said Infants with all the powers incidents thereto and petitioners ever prays &c.
Jas. K. Smith
E. B. X his mark Smith

Form No. 166

COURT OF PROBATE-LETTERS OF GUARDIANSHIP.

The State of South Carolina}
County of Chesterfield}
By H. D. Tiller                     Judge of Probate
To Jessey C. Smith
Whereas, Jas. K. Smith & E. B. Smith heirs at Law of Estate E. B. Smith late of Chesterfield County deceased is a minors entitles to a share in estate of E. B. Smith applied to me to appoint Jesse C. Smith to be their Guardian.
For the better securing the said estate for the benefit of the said minors and for the more careful maintenance and education, I do hereby commit the tuition, guardianship and education of the said Jas. K. Smith & E. B. Smith to you, the said Jesse C. Smith charging you to maintain them in meat, drink, washing, lodging, clothing, and such good education as may be fitting according to the circumstances of interest of the said Jas. K. Smith & E. B. Smith during their minority, take charge of their estate, do such things as a Guardian should, and render a true and faithful account of the said estate, and of your management thereof, when thereunto duly required.
Given under my Hand and seal, this Third day of January in the year of our Lord one thousand eight hundred and ninety and in the 114 year of the Independence of the United States of America.
H. D. Tiller
Judge of Probate


E. B. Smith, Sr. was married to Delilah M. Wallace about 1844. At their death they were the parents of 11 Children; 3 daughters and 8 sons. One daughter, Frances died at the age of 12 in October 1863.  


_______________________________
[1] "South Carolina Probate Records, Files and Loose Papers, 1732-1964," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1-19383-28633-35?cc=1911928 : 21 May 2014), Chesterfield > Probate Court, Estate records > 1865-1927 > Cases 0023-0064 > image 119 of 709; county courthouses, South Carolina, and South Carolina Department of Archives and History, Columbia.