[Ger-Poland-Volhynia] Terminology: Legal Tutor

Gene Markiewicz genemarkiewicz at aol.com
Thu Mar 29 04:12:03 PDT 2012


Marine... et.al.,

These insights into the term "legal tutor" do add to the story. From the set
of Parish records from Radom which I am reviewing, I have learned (from my
grandmother's marriage record) that her father's name was Gottfrieda
Schultz.  The same info was contained in the marriage record for her older
brother.  However, subsequent birth & marriage records for siblings are
between her natural mother and a Daniel Schultz. Both her mother and Daniel
who I now assume was her step father (as well as her natural father I
assume)  died when she was young and before she was married.  I do not have
any info as to what happened to Gottlieb but I have wondered if he was a
brother of or in some other way related to Daniel.... now with the insights
from Marine it is even more interesting.

Hope to learn the rest of the story!

Eugene Markiewicz

-----Original Message-----
From: ger-poland-volhynia-bounces at eclipse.sggee.org
[mailto:ger-poland-volhynia-bounces at eclipse.sggee.org] On Behalf Of Marnie
Mccall
Sent: Wednesday, March 28, 2012 7:47 PM
To: ger-poland-volhynia at eclipse.sggee.org
Subject: [Ger-Poland-Volhynia] Terminology: Legal Tutor



Hi Eugine and listers,
 
"Tutor" is a term in Napoleonic Code-based legal systems (including current
Quebec Civil Code, for you Canadians).  It is more or less equivalent to
"guardian" in the English common law system.  Given both her parents are
dead and the tutor's surname is the same as the mother's maiden name, this
is most likely the mother's brother and, therefore, the maternal uncle of
the person in question.  
 
Since unmarried women were seen as "belonging" to their fathers (and
therefore his line), it would be more typical for a father's brother to be
appointed tutor, so this may mean
(a) the father had no brothers
(b) any brothers the father did have are also deceased
(c) any living brothers of the father were unable, unwilling, too far away,
etc. to serve as tutor.  
 
If you can determine that there were in fact living paternal uncle(s), it
would be worth trying to find out why the maternal uncle became tutor.  Some
possibilities could be that paternal uncles were
(a) unmarried, thus inappropriate to have a female ward
(b) financially unable to support the niece
(c) lived too far away.
 
There is a story here -- good luck finding it!
 
Marnie McCall, Ottawa
Researching Grugers and Hochwuhlers  
 
 
> Date: Wed, 28 Mar 2012 11:42:20 +0200
> From: "Gene Markiewicz" <genemarkiewicz at aol.com>
> Subject: [Ger-Poland-Volhynia] Radom Parish Records.... Several 
> questions in understanding these entries.
> 
> 
> . Virtually even male mentioned has an occupation or status indicated. 
> I have seen colonist, settler, tennant, peasant,, laborer. for one 
> woman it was servant and at my grandmothers wedding a man attended who 
> was identified as being her "legal tutor". both her parents were dead 
> and this "legal tutor" had the same last name as her mother's maiden 
> name. Were these standard designations or just what the parish 
> pastor/administrator chose to use? I can assume which each designation 
> means but am curious as to whether these designations meant more than is
obvious to me.
>  
> 
> 
> Eugene Markiewicz 		 	   		  
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