Lawrence Bailard - Guardianship of Joseph J. Swink, 19 May 1877

Rankin Family History Project



State of California
County of Santa Barbara
California State Seal

In the matter of the Estate and Guardianship of
Joseph Jesse Swink, a minor
Petition for appointment of Guardian

In the Probate Court of the County of Sta. Barbara, State of California

To the Hon. F. J. Magorria Probate Judge of the county of Sta. Barbara State of California:

The Petition of Lawrence Bailard respectfully shows:

That your petitioner is now is possession of the person of said minor child of the age of four years ... or,

That said minor has guardian legally appointed by will, and is a resident of said County and State and has estate within the State of Missouri, County of Perry, which needs the care and attention of some fit and proper person:

That said minor child was given into petitioners possession by his father J. C. Swink when a infant in the County of Perry, State of Missouri, that the father died shortly thereafter, and at request of said minor's relatives, petitioner brought said infant with him to this state, in whose family he is now residing.

That therefore, it is necessary and convenient that a guardian be appointed to the person and estate of said minor:

That said Joseph Jesse Swink is of the age of four years and upwards and said minor is at present under the care of petitioner.

That the only relative of the said minor resides in said County of Perry, State of Missouri, and that it is their wish that said infant still remain in the family and under the guardianship and control of petitioner.

Wherefore your petitioner prays that your Honor appoint your petitioner a fit and proper person, as a guardian of said minor and that your Honor cause such notice to be given to the said relatives - and other interested parties as your honor shall on due inquiry deem reasonable:

And your petitioner will ever pray, etc.

Dated Sta Barbara, May 19, 1877.
L. Bailard

Lawrence Bailard being first duly sworn, says that he is acquainted with the statements in the foregoing petition, and that the same ... of his own knowledge.

L. Bailard

County of Sta. Barbara, subscribed and sworn before me this 19th day of May 1877.
F. W. Magorria, Probate Judge

Source: Santa Barbara County Probate Court Records

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State of California
County of Santa Barbara
California State Seal

In the matter of the Estate of Joseph Jesse Swink, a minor
Order appointing guardian

In the Probate Court in and for the County of Santa Barbara, State of California
On reading and filing the petition duly verified of Lawrence Bailard praying to be appointed guardian of the person and Estate of Joseph Jesse Swink, a minor, on motion of R. M. Dillard, Esq., Attorney for petitioner:

It is ordered that Lawrence Bailard, be and he is hereby appointed, guardian of the person and Estate of said minor Joseph Jesse Swink upon his executing and filing a bond to the said minor in the sum of one thousand dollars, conditioned according to law, with sufficient securities and approved by the Judge of the court

J. J. Magorria
County Judge and Ex officio Judge of the Probate Court
Sta. Barbara May 19th, 1877

Source: Santa Barbara County Probate Court Records

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State of California
County of Santa Barbara
California State Seal

In the matter of the Estate and Guardianship of
Joseph Jesse Swink, a minor
Letters of Guardianship

In the Probate Court of the County of Santa Barbara, State of California

Lawrence Bailard is hereby appointed Guardian of the person and Estate of Joseph Jesse Swink a minor

Witness, W. P. Stone
Clerk of the Probate Court of the County Sta. Barbara with the seal of the Court affixed, the nineteenth day of May A. D. 1877.



State of California
County of Santa Barbara
California State Seal

W. P. Stone, Clerk,

I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of California; and that I will faithfully perform the duties of my office as Guardian of the person & Estate of Joseph Jesse Swink, a minor, according to law.

L. Bailard

Subscribed and sworn to before me this nineteenth day of May A. D. 1877
By. A. S. Cooper
Notary Public

Source: Santa Barbara County Probate Court Records

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State of California
County of Santa Barbara
California State Seal

Know all Men by these Presents:

THAT WE Lawrence Bailard as Principal & Peter Coyle and John Pystic as Sureties are held and firmly bound unto J. J. Swink a minor, in the sum of one thousand dollars, lawful money of the United States of America, to be paid to the said J. J. Swink a minor, for which payment well and truly to be made, we bind ourselves, our heirs, executor and administrators, jointly and severally, firmly by these presents:

Sealed with our seals, and dated this 3d day of September A. D. 1877

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH: That whereas, an order was made by the Probate Judge of the County of Santa Barbara, State of California, on the 19th day of May A. D. 1877 appointing the above bounden Lawrence Bailard the guardian of the person and Estate of said minor, and directing that Letters of Guardianship be issued to him upon his giving a bond to said minor, with sufficient sureties to be approved by said Probate Judge, in the penal sum of one thousand dollars, conditioned that said guardian shall faithfully execute the duties of his trust according to law.

NOW THEREFORE, if the said Lawrence Bailard shall faithfully execute the duties of his trust according to law, and shall:

1st. -- Make a true inventory of all the estate, real and personal, of his said ward that shall come to his possession or knowledge, and shall return the same within such time as the said Judge shall order.

2d. -- Shall dispose of and manage all such estate according to law and for the best interest of said ward and faithfully discharge his trust in relation thereto; and also in relation to the care, custody and education of said ward.

3d. -- Shall render an account on oath of the property, estate and moneys of said ward in his hands; and all proceeds or interests derived therefrom, and of the management and disposition of the same, within three months after his appointment, and at such other times as the Court shall direct, and at the expiration of his trust shall settle his accounts with the Probate Judge or with the said ward, if he be of full age, or his legal representatives; and shall pay over and deliver all the estate, moneys and effects remaining in his hands, or due from him on such settlement, to the person or persons who shall be lawfully entitled thereto.

Then this obligation shall be void and of no effect, else to remain in full force and virtue.

Signed, Sealed and Delivered in the Presence of
R. M. Dillard

L. Bailard {seal}
Peter Coyle {seal}
John Pyster {seal}



State of California
County of Santa Barbara
California State Seal

Peter Coyle and John Pyster being duly sworn, each for himself, says that he is one of the sureties named in the above bond; that he is a free holder resident within said State, and is worth the said sum above of one thousand dollars over and above all his just debts and liabilities, exclusive of property exempt from execution.

Subscribed and sworn to before me this 3d day of September A. D. 1877
R. M. Dillard
Court Commissioner

Peter Coyle
John Pyster

Source: Santa Barbara County Probate Court Records

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