#52 Ancestors 52 weeks : courting, ...

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Courting ? I choise "courting in law"… Do you know "la justice de paix" ? In France, when one of the two parents dies, the justice of the peace convenes a family council to find out who will replace the deceased and will be appointed subrogated guardian.

We are in Pezou, in the Loir-et-Cher, Marie Louise HURSON died on August 5, 1851 leaving her husband, Jean Pierre CHEVET, 36, alone with three young children: Louise Henriette, 11, Désirée Joséphine, 4, and Jean Pierre, 2. As the children are orphaned by their mothers, a family council must meet at the justice of the peace of the cantonal capital, Morée.

On February 4, 1852, the family council was present before Judge Michel HENRION. This council must be composed of three members of the maternal family and three members of the paternal family, in the absence of family members, it can also be close friends.

The paternal side

• François Michel CHEVET, day labourer, residing in Fontaine, uncle,
• Jean CHEVET, day labourer, also residing in Fontaine, uncle,
• Jean Marius Florent GAUDINEAU, notary's clerk, residing in Pezou, friend.

The maternal side

• Laurent GARNIER, farmer, living in Bouffry, first cousin,
• Louis GARNIER, day labourer, residing in Chauvigny, friend,
• Louis Joachim CHERIOU, notary's clerk, residing in Pezou, friend.

These six people, Jean Pierre CHEVET, father, and the judge will therefore deliberate to designate the subrogated guardian. After exchange and discussion, all agreed that Laurent GARNIER would be the subrogated tutor: he accepted the mission assigned to him and promised to faithfully fulfill all his duties.

The Registrar drafts the document which he signs with two witnesses, Mr GAUDINEAU and Mr CHERIOU, as well as Judge HENRION.

Definition of substitute decision-maker

The "subrogated guardian" is the natural person who is part of the guardianship bodies. He is appointed by the family council to control the management of the guardian. In particular, the role of the subrogated guardian is to represent the incapable minor or the protected adult when the interests of the latter are in opposition to those of the guardian. [source: dictionnaire-juridique.com]

This document, the family council, is important in genealogical research. This council meets for all important moments in the minor's life: emancipation, marriage, etc.