1836 – Sworn statement to serve as an “undertutor” for minor children
East Baton Rouge, Louisiana: 1836. Unbound. This one-page sworn statement is written on an illustrated bi-fold sheet measuring 18.5” x 10.25”. The statement was prepared and sworn to on 14 September 1836 in the Parish of East Baton Rouge, Louisiana. The document’s letterhead features an eagle carrying a scroll titled “Depches” (Urgent Messages) and flying over a small harbor. In nice shape with two neat spindle-holes at the top of the form.
The document reads in part:
”I Evan Haws do Solemnly Swear that I will faithfully discharge the duties of undertutor to Tippere Bryan, Mahin Bryan & Nathan N. Bryan minor children of the late William Bryan to the best of my responsibility. . ..”
. Very good. Item #010809The United States is overwhelmingly a common law country, however, Louisiana, as a former French and Spanish colony, Louisiana operates under a mixed system combining a civil law code for private matters with common law for public matters. As such it requires that “tutors” to be appointed to act in a child’s best interest parents are unable to care for the child or when one or both parents have died, a tutor can be named by the court for the child. “Undertutors” are also appointed and charged with overseeing and monitoring primary tutors to ensure a child’s primary tutor is properly managing the ward’s money, property, and general welfare. If there appears to be any mismanagement, dishonesty, or abuse of power, the undertutor is charged with reporting the problem to the court.
(For more information, see the Louisiana Department of Children and Family Services website.)
This uncommon legal document evidences the difference between the remnants of French and Spanish Civil Law Codes in Louisiana and English Common Law used in the rest of the United States. At the time of listing, there are no similar documents available for sale in the trade. The Rare Book Hub and ASBA show none have been sold at auction. OCLC identifies six institutions that hold tutor or undertutor appointments in their collections, none with the eagle letterhead.
.Price: $200.00