Research In Court Records – Ages of Legal Action in Courts
I know many times I have found myself trying to figure out one of my ancestors birth date, especially before 1850 when census records only listed age ranges for everyone. Well I have a list here to help find out at least when someone was born before.
For example, I am looking for a birth date for John Doe. The earliest record I show for him is in 1780 as a witness on a court document. Well I use my little chart here and see that males needed to be 14 to legally witness a document. So I can at least determine that John Doe was born before 1766 (1780 – 14 = 1766).
This chart has helped me many times in the past and I hope you can use it as well.
| Legal Action | Legal Age | Exceptions/Comments |
| Inherit | From birth | An unborn child can also inherit |
| Be enumerated in census | From birth | Usually heads of household only until 1850 |
| Witness documents | 14 (male); 12 (female) |
The age of discretion under the common law was 14 (males) and 12 (females). Some exceptions are listed below |
| Attend school | 5 | Some schools accepted 3-year-olds |
| Testify in court | 14 (male); 12 (female) |
|
| Choose guardian | 14 (male); 12 (female) |
Must be 21 in New York. No choice until age of discretion; then, if guardian ppointed by court is unacceptable, can select another subject to court approval |
| Serve as apprentice | 14 (male); 12 (female) |
Standard term was to 21 (male), 18 (female), or time of marriage. If apprenticed before age of discretion, bound only to ages 14/12. Must have written deed which allowed for apprentice’s content, except for orphans on the public charge |
| Show land to processioners | 14 (male); 12 (female) |
Males only; southern states. (Procession means to walk around the boundary lines of local property owners.) |
| Be punished for crime | 14 (male); 12 (female) |
Some general exceptions before 1860. Complicated changes in the 20th century |
| Sign contracts | 14 (male); 12 (female) |
May be required to confirm contract after arriving at majority |
| Act as executor | 14 (male); 12 (female) |
Usually administrator with will annexed so the court had some controls. Age 17 in Massachusetts, Rhode Island, Missouri; age 18 in Mississippi. Bondsman who could act as co-executor required in Vermont |
| Bequeath personal property by will | 14 (male); 12 (female) |
Age 18 in Connecticut, Massachusetts, Virginia; age 18 (male) and 16 (female) in New York; age 21 in Vermont. Property may be held in custody of court pending review |
| Marry | 14 (male); 12 (female) |
Parental consent required in most states until age 21(male) and 18 (female). Married child not subject to control of parents, could remarry on death of spouse without consent if underage. Age 18 (male) and 14 (female) in Mississippi, Ohio, Indiana; age 18 (male) and 15 (female) in Minnesota; age 17 (male) and 14 (female) in Illinois; age 16 (male) and 14 (female) in Iowa. Marriage is valid without parental consent, but officiator could be fined. Annulment or Divorce only way to void the marriage |
| Be taxed | 16 | Males only were counted; females appear as “heirs of . . . ” |
| Muster into militia | 16 | Males only |
| Procession land | 16 | Procession means to walk around the boundary lines of local property owners |
| Take possession of land holdings | 16 | “In possession of” on tax rolls signifies that the person named is at least 16 |
| Practice trade | 18 | Some cities licensed tradesmen to practice their Profession/occupation at age 18 |
| Release of guardian | 21 (male); 18 (female) |
|
| Own land | 21 | Some states allowed females these rights at age 18 |
| Devise land by will | 21 | |
| Be taxed | 21 | Full poll responsibility unless exempt |
| Plead or sue in court | 21 | |
| Be naturalized | 21 | After meeting residence requirements |
| Fill public office | 21 | Age 25 or older required for some offices |
| Serve on jury | 21 | Grand jury, petit jury, coroner’s jury |
| Vote | 21 | Linked to 21 as age of land ownership, a prerequisite to voting in colonies |
Thank you for this posting. It will be of much help to me and to others