Ridgely’s Notebook I, 38
Orphans’ Court of Delaware, Sussex County.
July 23, 1817.
Appeal from guardian account of “James O’Neal, natural guardian to Isaac Gunby, minor son of Isaac Gunby, late of Sussex County, deceased.” Account was passed March 18, 1816.
Exception:
That said accountant hath been allowed in said account the sum of $101.99 as for divers items of charge specified in an account of said James O’Neal annexed to said account as aforesaid passed before said Register, no part of which sum ought to have been allowed said James O’Neal in said account.
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The charge for $101.99 was:
For three years board and clothing [at] $40 per annum $120.00
Board and schooling …………………………… 9.49
To sundry expenses, trouble and loss of time endeavoring to learn the boy cordwainer’s trade …………….. 25.00 ________ 154.49
James Gunby, witness for appellant, knew the minor, Isaac Gunby. He is son of Isaac Gunby. He was eight or nine when he went to James O’Neal’s. He could earn his victuals and clothes, I think. To be sure a boy of eight or nine could. James O’Neal married his, the boy’s, sister, and his father and mother were both dead, and he went to O’Neals, because he married his sister. He was not clothed sufficiently while at James O’Neal. O’Neal was poor, and had but one bed, and could do no better. He worked for O’Neal at everything. The boy’s father was my brother. After his mother died he and his sister lived with me until O’Neal married his sister; then we concluded he should go to O’Neal, that he could do something; and could be of some service to him. O’Neal was shoemaker, and it was understood the boy should stay with O’Neal if he and boy could agree after he grew up a little. I live two or three miles from O’Neal. Sothey Culleny, the present guardian, married another sister of boy.
Mary Gunby, wife of James Gunby, witness for appellant. D not recollect Isaac’s age. I reckon he was eight or nine when he went to O’Neal. We kept him three years after his mother’s death. While he was kept by O’Neal he was clothed as common poor peoples’ children are. His clothes were thin. O’Neal was not abl to do better. He came to visit us once in strange clothes which did not belong to the family. The boy was able to pick up apples, crop corn, succour corn, save fodder. He was worth his victuals to one who wanted him.
Caldwell Windsor, witness for appellee. I lived near Mr. O’Neal when he had this boy. I saw boy very often. I did not see him doing any great thing. He looked weakly, swarthy, and bad complexion and like a child indisposed, not very lively and active. O’Neal followed shoe and boot making. He had no farm at first taking boy. After he moved to farm that fell to his wife, and the children. The boy got a hurt by a fall from a cart when he lived with his mother just before her death. I judge the boy was not over six or seven when O’Neal took him. I resided near O’Neal until he moved to the farm. Do not know how he worked in
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the farm. He was clothed like other common children. From the view I had of the boy while O’Neal had him, I would not have kept him for nothing for what he could do.
John Lynch, witness for appellee. Knew the boy while he lived with O’Neal. He seemed to be a very infirm, ailing child when he first went to O’Neals. He was quite small also. It was mighty trifling that he could do when he first went to O’Neals. In two or three years he grew more, seemed to get better and appeared to be someway profitable to O’Neal. Never saw him barer than common children, reasonably clothed. O’Neal carried on no farming. He worked at shoes, and two and one-half years after he had been at O’Neal’s he could work very clever; just as he began to be profitable he went away. Shoemakers sell apprentices’ time for pretty smart advance. O’Neal lived and carried a shop one year, and maybe longer or shorter, when boy first went to him, then he went to the farm. After the first year I suppose the boy might come up to his victuals and clothes. After the first year O’Neal lived on the farm which belonged to his father. The first year I would not have kept the boy as Mr. O’Neal was for less than $4 a month.
Jacob Middleton, witness for appellee. I am a shoemaker, learned the trade of O’Neal, and worked there while boy was there first two or three years. He was weakly boy. He was generally stirring about little errands. Boy not profitable for two or three years at shoemaking. Last year boy worked in farm. He could hoe corn, pull blades, half as much as I could at latter part of his time.
Thomas O’Neal, witness for appellee, brother of appellee. Know boy. When with his mother he fell off of load of flax. Badly crippled. Not healthy, nor sound. He was about seven, I reckon, when he came to my brother. He stayed with him seven years. He was quite a puny boy.
Mrs. Gunby, again examined by appellant. Boy was not sickly, not seriously hurt by any fall.
THE CHANCELLOR.
The Register in the allowance of $101.99 has gone beyond the sum sufficient to pay the expenses of boarding and clothing the minor while he was chargeable to James O’Neal. O’Neal ought to be allowed for the first year, but after that period the work and labor of the boy was a sufficient compensation. Let the sum of $101.99 be reduced to $50, and each party to pay his own costs.
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