Guardianship of Leroy T. Holland’s Children

In last week’s post, I shared a court document revealing that Amanda (Hall) Holland petitioned the court on May 23, 1892 for a year’s support following the death of her husband, Leroy Thomas Holland (my 2nd great grandfather), on May 4, 1892. As it turns out, that was not Amanda’s only involvement with the court regarding Leroy’s estate. In April 1893, a legal case titled Geo. P. Brownlee vs. Amanda Holland et al was filed in Whitfield County, Georgia. 

Just two years earlier, in January 1891, George Brownlee—a friend of Leroy’s—had played a key role in helping the Hollands relocate from Anderson County, South Carolina, to Dalton in Whitfield County. As part of that move, Brownlee sold Leroy a tract of land, and Leroy also purchased an adjoining 80-acre parcel. While they awaited the arrival of their household goods, the Holland family stayed with Brownlee at his home in the Deep Springs area of Dalton.

At the time of the court case, Amanda’s six children—Aaron, Lawrence, Joseph, Elijah, Andrew, and Charles—were still minors. In 1893 Georgia, anyone under the age of 21 was legally considered a minor and could not own property, enter into contracts, or represent themselves in court. Although Amanda was their mother and daily caregiver, Georgia law in the 19th century typically did not allow a parent—especially one with a financial interest in the estate—to serve as the children’s legal representative in court. Instead, the judge appointed J. C. Norton, the county Ordinary, as guardian ad litem—a neutral third party tasked with protecting the children’s legal rights. Norton formally accepted this role on April 19, 1893.

While I have not yet uncovered any additional court records related to the guardianship, this document revealed new information about my Holland line that I did not have before.

Geo. P. Brownlee vs. Amanda Holland, et al.
Equitable petition
Ordered by the Court that J. C. Norton be and he is hereby appointed guardian ad litem for the minor children Aaron, Lawrence, Joseph, Elijah, Andrew, and Charles Holland upon his signifying his acceptance of the trust and upon his acceptance that the course proceed. April Term, 1893.

Thomas W. Milner, J.S.C.C.C.

I accept the above appointment. April 19, 1893.
J. C. Norton

Geo. P. Brownlee vs. Amanda Holland, et al.
Equitable petition
This case having been settled it is ordered by the Court that plaintiff recover of defendants Twenty-four and 05/100 dollars for costs. This June 15, 1894.

Thomas W. Milner, J.S.C.C.C.

References

• Hall/Holland family history, Aaron Hall Holland letter, May 15, 1964.
• Whitfield County, Georgia, Court Minutes 1892–1897, images 64, 148, FamilySearch.