Ridgely’s Notebook III, 304
Orphans’ Court of Delaware, New Castle County.
April 17, 1821.
Page 593
The late James A. Bayard, Esq., died without having constituted in his last will any guardians for his children. Ann Bayard, his widow, their mother, was appointed by the Orphans’ Court guardian of Richard Henry, James A., Caroline, Edward, Mary Jane, and Henry M. The two or three first were above fourteen years of age and chose her. Samuel Spachman of Philadelphia, merchant, a considerable freeholder in New Castle County, John Sellars of Wilmington, hatter, John Gordon of Wilmington, merchant, and Colonel John Caldwell of [___][1] Hundred were her sureties. Before these persons became bound for her, she had encountered great difficulty in obtaining security. After this was accomplished she went from Wilmington to reside in Philadelphia, thence to Burlington, or Trenton, or New Jersey, whence she returned to Philadelphia, where she now lives. Her sureties became extremely uneasy under her management of her wards’ estates; and, as the Judge of the Orphans’ Court was informed, intended to endeavour to secure themselves against any future mismanagement. It was represented, and has been publicly known for several years, that Mrs. Bayard was (and now is) under the influence of Miss [___][2] who professes to be a prophetess. From all accounts, her mind seems to be under a strange delusion. Her friends, and among others Chief Justice Tilghman (as the Chancellor heard from Louis McLane, Esq.), were of opinion and strongly urged that she should relinquish the guardianship of the three youngest children, the other three having arrived to the age of twenty-one years, or two of them, and her daughter Caroline, if not quite, being very near twenty-one. This advice she obstinately resisted until she became alarmed by the threats of her sureties to proceed against her under the Act of the General Assembly to obtain indemnification. Three of the sureties, John Sellars, John Gordon and John Caldwell, the Chancellor has seen at the Court this term, and also Richard H. Bayard and James A. Bayard, together with Doctor Gillaspie, an agent of Mrs. Bayard. The sureties, it is said, were waiting to see if anything would be done by her to relieve them, they being willing to desist if Mrs. Bayard was removed from the guardianship. Several propositions were made to the Court. Dr. Gillaspie, as the agent of Mrs. Bayard under a very general authority,
Page 594
came forward and offered on her behalf, and in her name, to resign the guardianship. This the Court objected to, first, because his authority is not sufficient; secondly, a resignation will not be received, unless it be for the wards’ [interest], and proper that the guardian be removed, and be so entered on the record. Dr. Gillaspie and Richard H. Bayard and James A. Bayard then returned to Philadelphia where Mrs. Bayard constituted Doctor Gillaspie her attorney in fact, with sufficient authority to act in her behalf in this case. He then, this day, in her name, the letter of attorney being first proved and filed in this court, did renounce the guardianship of Edward Bayard, Mary Jane Bayard, and Henry M. Bayard, whereupon the following entry was made:
April 17, 1821. Whereas it is represented to THE CHANCELLOR, sitting as Judge of the Orphans’ Court, that complaints exist on the part of Samuel Spachman, John Sellars, John Gordon and John Caldwell, sureties of Ann Bayard, as the guardian of Edward Bayard, Mary Bayard, and Henry M. Bayard, minor children of the late James A. Bayard, deceased, against the said guardian for mismanaging the estate of the said minors; and whereas THE CHANCELLOR has reason to believe that there has been or is danger of mismanagement by the said guardian, and that it is the interest of the said wards that the guardianship should be changed; and whereas the said Ann Bayard, in consequence of the said complaints, appears by George Gillaspie, her attorney in fact duly constituted, and voluntarily consents to renounce and relinquish the said guardianship, it is ordered by THE CHANCELLOR that the said Ann be and is hereby removed from the guardianship of the said Edward Bayard, Mary Bayard and Henry M. Bayard, respectively.
It was the desire of all the parties to avoid a public discussion, and as THE CHANCELLOR had, from repeated information (for the subject had been before mentioned to him), been anxious that Mrs. Bayard should be removed, though he had no ground for doing so against her will without citation and examination of witnesses; yet, when she consented, and thus, by her attorney fully authorized, did renounce, he felt it to be his duty to remove her for the benefit of her wards. Their good alone induced him to accept the resignation, it being his opinion that a guardian cannot at his will and pleasure throw up the trust; but that when the interest of the wards required it, such guardian may be removed adversarily, or with his consent. Vide Amb. 146, 1 P.Wms. 701.
THE CHANCELLOR
conversed with Louis McLane alone; and he in the presence of the Court, communicated [with] R. H. Bayard,
Page 595
James A. Bayard and Dr. Gillaspie. It was the desire of Mrs. Bayard that Dr. Gillaspie should be the guardian of Edward, and she had instructed him to choose the doctor; but THE CHANCELLOR desired Mr. McLane to inform those gentlemen that if Edward chose Dr. Gillaspie, the Court would not approve of him. Dr. Gillaspie was already the agent of Mrs. Bayard, and was so much concerned by this agency both in the estates of the late James A. Bayard, and of Mr. Bassett, the father of Mrs. Bayard, that it seemed altogether improper that he should be entrusted with the estate of any of the wards, particularly if there should be any loss of their estates while they were in the hands of Mrs. Bayard.
Petitions being presented, Edward Bayard chose his brothers, Richard H. Bayard and James A. Bayard, to be his guardians, who were approved and appointed by the Court. Samuel Spachman of Philadelphia, merchant, and George Gillaspie, physician, sureties for said guardians. Bond in $50,000.
Richard H. Bayard was appointed guardian of Mary Jane Bayard. The said S. Spachman and G. Gillaspie, and James A. Bayard were sureties for R. H. Bayard. Bond in $50,000.
James A. Bayard was appointed guardian of Henry M. Bayard. Spachman and Gillaspie and Richard H. Bayard were his sureties. Bond in $50,000.