Use of an Agent by an 1821 Estate Adminstrator

Question

The Administrator for the 1821 inventory of widow Winifred "Winny" Short was a man named Reuben Short.  This could be her son or a brother of her late husband David Short.  Both in the court record and in the newspaper estate postings it is being handled by Reuben's AGENT, Thomas Boswell.  Is this because Reuben himself cannot appear in the Jones Co, GA Court?

I have looked at the 1820 census (the year before) and cannot find a Reuben Short except in Virginia and Indiana.  Would this be why Reuben has an agent.....he doesn't even live in Georgia?  Winny leaves young children and I can't find anything in the orphan/guardianship courts on their status either.  She is mis-indexed in 1820 as Waring Short.

Who chooses an Administrator and why not someone close by who can appear in court himself?

Answer 1

You'd have to look at the statutes in effect in Georgia in 1821 to understand the process, but an administrator is generally the person appointed by the court to handle an estate; in many states, an executor handles a testate estate (an estate in which there is a will) and an administrator handles an intestate estate (an estate in which there is a will).

Assuming that there was no will, the statute would generally specify a hierarchy for selection of the administrator.  While some states require an administrator to be a local resident, many do not and the hierarchy is typically based on relationships to the deceased person. For example, an adult child is preferred to a sibling.

An agent is a person appointed by a person to act for that person.  That may be because the person is not physically present, but could even be just for convenience,

That's a general explanation but you really need to read the laws in effect in Georgia at the time of the proceeding for a completely accurate answer.

Comments

Yes, I agree that it's different with each state or local procedure.  I guess what I am fishing around for is trying to "read between the lines" of a court procedure in order to flush out who these extra players are or might be - court appointed stranger or actual relative.

I don't know Winny's maiden name and I don't know who Reuben Short is...but the only men with that name don't live in Georgia.  It is the same surname as her husband and I assume his relative of some sort.  Sometimes these extra players are a trail to other relatives but the only recurring name I recognize is Alsobrook.

I'm also a little miffed at Winny herself.  She had to settle the estate of her husband in 1817 and go through all that legal rigamarole because he didn't leave a will.  Shame for not making one out yourself a scant 4 years later...especially with all those young children.  (Sorry Winny, but it is what it is....and I realize I'm a thinking woman of the 21st century!) 

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He was probably the closest male relative of the husband.  if the children were minors and the wife could not or elected not to serve, the statute probably would have defaulted to the husband's nearest male relative.  

Here's a link to the Georgia statutes in 1821 - https://digitalcommons.law.uga.edu/ga_code/22/.  

I looked quickly, but could not find the priority section; the administrator language seemed to be around page 282, but I did not see a priority statute.  That's long enough ago that it may have been governed by common law.

Also, in her defense, her deceased husband is the one that should have made the will.

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Here's another statute - look around page 157 - https://www.google.com/books/edition/A_Digest_of_the_Laws_of_the_State_of_Geo/lStEAAAAYAAJ?hl=en&gbpv=1&bsq=administrator.  There doesn't seem to be a statute, but it looks like the wife is the likely administrator followed by the next of kin of the deceased husband.

The next of kin discussion is around page 162.  It looks like a father followed by siblings of the deceased.

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That's helpful since those two Reubens live in two different states other than Georgia.  I might take a leap (and do more research of course) and say one of them appointed the Boswell fellow as agent due to the distance of travel.  I will look closely at them to see if it looks like Reuben is David Short's father or brother.  It might lead to David's origins.

Also, the other men listed in both David's and Winny's proceedings "may" lead to her maiden name.  Her daughter marries an Alsobrook in 1829 (the family I'm actually interested in) and James and Amos Alsobrook show up as witnesses etc.  The other surnames could be her family, unknown surname at the moment.

I think where I really need to dig further is the guardianship and orphan courts to see what transpired with the children.  At least Sarah, who is in Jones Co in 1829 to marry at age 22, doesn't appear to have been swooped off to Ohio or Virginia by this Reuben fellow - but of course, she could have "returned" when of age.  Many thanks for your help,