Orphan's court

“ No orphan should be admitted until the guardians or directors of the poor, or a proper guardian or other competent authority shall have given, by indenture, relinquishment, or otherwise, adequate power to the mayor, aldermen, and citizens of Philadelphia, or to directors, or others by them appointed, to enforce, in relation to each orphan, every proper restraint, and to prevent relatives or others from interfering with, or withdrawing such orphan from the institution. ”

“ They have also been credited by the sum of 6000 dollars, alleged to have been expended by them in the maintenance of Mrs Sarah Peter's family; and this has been done without any evidence that the executors ever expended one cent for any such purpose.
The income of their estate is the proper fund for the education and maintenance of heirs, during their minority. The law indicates this; and guardians are not permitted to exceed it without necessity, and then, only with the sanction of the judge of the orphan's court. ”

“ An original bill will not lie for this purpose. If any error was committed in admitting the will to probate, it should have been corrected by appeal. This is provided for by the law of Alabama, which makes the county court in each county an orphan's court for taking the probate of wills, &c.; and declares that if any person shall be aggrieved by a definitive sentence, or judgment, or final decree of the said orphan's court, he may appeal therefrom to the next term of the supreme court in chancery, or in the district of Washington, to the superior court of that district. ”

“ By the custom of the city of London, the lord mayor and aldermen, in the Court of Orphans, have the guardianship of the children still under age of deceased freemen. Orphans' courts exist for the guardianship of orphans and administration of their estates in Delaware, Maryland, New Jersey and Pennsylvania in the United States. ”

“ It is a hardship on a widow or an orphan, who has been defrauded by her trustee, in selling what is not his own, but theirs; but it is as great, if not a greater, hardship on the widow or orphan, to be deprived of property which they have purchased and paid for by money earned by their industry, and deprived of that, on the faith of which they have devoted their lives to a husband, and placed at his disposal their future happiness, and last cent. A loss must fall on one of two innocent sufferers, whose claims may be supposed equal in justice and equity ”

“ If the estate of the infant in this case has been so fortunate as to escape, it is an accident or exception, which cannot affect the propriety of a general rule. Experience has shown that the estates of orphans are more frequently wasted and lost by the carelessness of good-natured and honorable men who undertake to act as trustees, than by the fraud and cupidity of men of a different character. ”

“ To all which matters the guardian and magistrate ought to apply his mind, if he has any, and take heed of the nurture and education of the orphans, seeking in every possible way to do them good, for he is making a contribution to his own good and that of his children. He who obeys the tale which precedes the law, and does no wrong to an orphan, will never experience the wrath of the legislator. But he who is disobedient, and wrongs any one who is bereft of father or mother, shall pay twice the penalty which he would have paid if he had wronged one whose parents had been alive. ”

“ Wherefore, touching the legislation about orphans, the law speaks in serious accents, both of persuasion and threatening, and such a threat as the following will be by no means out of place: He who is the guardian of an orphan of either sex, and he among the guardians of the law to whom the superintendence of this guardian has been assigned, shall love the unfortunate orphan as though he were his own child, and he shall be as careful and diligent in the management of his possessions as he would be if they were his own, or even more careful and diligent. ”

“ The right of the state, as parens patriae, to deny to the child procedural rights available to his elders was elaborated by the assertion that a child, unlike an adult, has a right 'not to liberty but to custody.' He can be made to attorn to his parents, to go to school, etc. If his parents default in effectively performing their custodial functions-that is, if the child is 'delinquent'-the state may intervene. In doing so, it does not deprive the child of any rights, because he has none. It merely provides the 'custody' to which the child is entitled. ”

“ From that order a writ of error was brought, raising the question whether this court could take cognizance of the case, and inquire whether the circuit court erred in its instruction to the jury. Chief Justice TANEY, speaking for the court, said: 'It is true the orphans' court has no power to grant a new trial, and is bound to consider the fact to be as found by the jury: and consequently the judgment of that court must be against the plaintiff. But the matter in contest in the orphans' court is the right to the letters of administration. ”

“ Because the State is supposed to proceed in respect of the child as parens patriae and not as adversary, courts have relied on the premise that the proceedings are 'civil' in nature and not criminal, and have asserted that the child cannot complain of the deprivation of important rights available in criminal cases. ”

“ The problem of orphanhood, and the miseries of infancy, will never be completely and finally solved, any more than the rest of our great social problems; still, it will be lightened when custom, supported by law—yes, by law, you see I am in earnest—when custom and law insist that every orphan, whatever its birth—do not laugh—has a right to claim adoption by some married couple in easy circumstances, and who have no children. ”

“ The states very generally make some provision from their own resources for the maintenance and support of orphans or destitute children, but, in order that children may not become public charges, the duty of maintenance is one imposed primarily upon the parents, according to the needs of the child and their ability to meet those needs. This is usually accomplished by suit brought directly by some public officer, [38] by the child by guardian or next friend, or by the mother, against the father for maintenance and support. ”

“ Although in numerous decisions infants are doubtless under the control of courts of law as to their custody, and courts having jurisdiction may issue writs of habeas corpus, yet the courts, representing the sovereign power of the State, adopt the course which they may deem for the benefit of the child at their discretion. It is an extension of the original purposes of the writ, and not contemplated by the powers of the judicial act, nor consistent with the limited authority of the general government. ”

“ The rights asserted here involve the intimate, familial relationship between a child and his own mother. When the child's claim of damage for loss of his mother is in issue, why, in terms of 'equal protection,' should the tortfeasors go free merely because the child is illegitimate? Why should the illegitimate child be denied rights merely because of his birth out of wedlock? He certainly is subject to all the responsibilities of a citizen, including the payment of taxes and conscription under the Selective Service Act. ”

“ If one be a bastard, from having been born, as the Code expresses it in article 27, of an illicit connection, though they cannot claim the rights of legitimate children, yet, if they have been duly acknowledged by their fathers and mothers, leaving no lawful children or descendants, they, as natural children, will be called to the legal estate or succession of the mother, to the exclusion of her father and mother, and other ascendants and collaterals of lawful kindred. ”

“ The guardian of the three orphans took me aside, showed me the desolated grounds without, shaded by magnificent live-oaks, and the deserted chambers within.
“You can understand my feelings coming here,” he said. “My sister expired in this room. She left her children to me. This estate, containing seventeen hundred acres, and worth fifty thousand dollars, is all that remains to them; and you see the condition it is in. Why does the Government of the United States persist in robbing orphan children? They have done nothing; they haven’t earned the titles of Rebels and traitors. ”

“ The interest of the children is left entirely to the protection of the executors, and is not represented either by the mother, who is complainant, or by the societies, who are defendants. If the children had united with the mother in contesting the will the case might have been different, but they have not done so, and their interests must be treated accordingly. ”

“ In the case of an orphan or castaway who, in the opinion of the Judge, requires more than a mere admonition, the best and the only thing that can be done may be to send him to a Reformatory School. But in the case of the child of one who has failed to make his home sufficiently attractive to his family, it may be said that the responsibility for the child’s offence rests not less (or perhaps more) on the parent than on the child, and it may be well to bind over the parent in some way for the good behaviour of the child. ”

“ And if not void on this ground, it was so because it was obtained by the undue influence of paternal authority.
The first ground of objection seeks to establish the broad principle, that a deed from a child to a parent, conveying the real estate of the child, ought, upon considerations of public policy, growing out of the relation of the parties, to be deemed void: and numerous cases in the English chancery have been referred to, which are supposed to establish this principle. We do not deem it necessary to travel over all these authorities ”

“ With regard to that type of case, the Poor Law Guardians alone have the power to put the requisite machinery in force for tracing the parents, and therefore, if the desertion be of recent date, the committee recommends that the child should be placed temporarily under the care of the Poor Law Guardians in order that they may use every effort to trace the parents. Should, however, these efforts fail, the Society treats the application as though it were one relating to an orphan. ”

“ He always liked Ernestine, and stood up for her; and he will be afraid, too, not to fill his post of guardian conscientiously, for he will be under the supervision of the orphans' court."
"Then make her minority as short as possible. For my satisfaction, have it expressly stated that she shall be of age at eighteen. Such precaution is necessary with men of Gleissert's stamp. According to our laws, a father can declare his child of age at eighteen. Her property can remain in the orphans' court until then, when it can be placed at her own disposal." ”

“ When a habeas corpus is granted to an adult, the object is to inquire whether he is legally restrained of his liberty; because if he is not, he must be set free, for the plain reason that by law he is entitled to his freedom. But if the court is also to set the infant free, they give him a right to which he is not entitled, and deprive the parent or guardian of a right to which he is entitled; to wit, the custody of the infant.'
We think that such considerations as these induced Congress to limit the right of appeal to this court in habeas corpus cases. ”

“ Upon her arrival, he, as well as his whole family, received the orphan with the utmost tenderness, placing her at once upon an equal footing with his own only daughter and sole heiress.”
“But how,” inquired the prosecutor, “has the benevolence, confidence, and affection of this honored family been repaid by their cherished protégée! They have been repaid by the blackest ingratitude, the foulest treachery, the deepest guilt; they have been repaid with death—the insidious, protracted, dreadful death of slow poison—poison administered by her whom they received into the bosom of their family. ”

“ We have only intimated upon what it may depend; and will further say, that the children, in the event of their mother's death, may acquire an interest in the property, independently of their father's control. If she be already dead, then such of the children as are sui juris should be made parties to the plaintiff's bill. ”

“ In 1795, an orphans' court was established, and it was enacted that where persons die intestate and leave lawful issue, 'but not a sufficient personal estate to pay their just debts and maintain their children, it shall be lawful for the administrator or administrators of such deceased person to sell and convey such part or parts of the said lands or tenements for defraying their just debts, maintenance of their children, &c. ”

“ To this extent, therefore, the right to inherit is given by this act of Assembly. And it would appear to have been given upon the principle, that it is unjust to punish the offspring for the crime of the parents. The right of the children, therefore, is not made to depend upon the degree of guilt of which they were the offspring. All illegitimate children are the fruits of crime ”

“ The power of the Orphans' Court to revoke letters cannot be questioned. The only point in issue was, whether she was or was not the widow. If the certificate of the Circuit Court had been that she was the widow, it might not have been a final order or judgment, because the Orphans' Court would still have to inquire whether she was competent in other respects to take out letters. For example, whether she was a resident, &c. But as the certificate was against her, it was conclusive of her rights. Mutuality is not necessary. ”