Legal Definitions - Court of Orphans

Court of Orphans

Historically, in certain U.S. states like Maryland and Pennsylvania, a specialized court responsible for matters related to the estates of deceased persons, particularly focusing on the protection and management of assets belonging to minor children (often referred to as orphans) and other vulnerable individuals. This type of court exercised what is known as "probate jurisdiction," which includes overseeing wills, administering estates, and appointing guardians.

• Example 1: After a tragic accident in 18th-century Pennsylvania, a young child became an orphan. The local Court of Orphans would have stepped in to ensure that any inheritance left by the parents was properly managed and protected until the child reached adulthood, potentially appointing a guardian to oversee their welfare and finances.

• Example 2: In colonial Maryland, if a wealthy landowner passed away, leaving behind a will that designated his minor children as beneficiaries, the Court of Orphans would have been responsible for validating the will, overseeing the distribution of assets, and supervising the appointed executor to ensure the children's financial interests were safeguarded.

• Example 3: Imagine a situation in early American history where an orphaned minor inherited a piece of land. If that land needed to be sold for the child's benefit, the Court of Orphans would have had to approve the sale, ensuring the transaction was fair and in the best interest of the minor, thereby preventing exploitation.

Court of Oyer and Terminer

The term Court of Oyer and Terminer refers to two distinct types of courts, one historical in England and another in some U.S. states:

• Historically (England): These were special courts established by a royal commission, primarily to "hear and determine" (the literal meaning of "oyer and terminer") serious criminal cases such as felonies and treason. Judges traveled through various counties, holding sessions to try individuals accused of these grave offenses. While initially limited, these courts often gained broader criminal jurisdiction when judges also held a "commission of gaol delivery," allowing them to try all prisoners held in custody. This system was a key part of the English assize courts until 1971.

• In some U.S. states: The term has historically been used to designate a court with broad and significant criminal jurisdiction, typically handling the most serious criminal offenses within that state's judicial system.

• Example 1 (Historical England): In 17th-century England, if a group of individuals were accused of high treason for conspiring against the Crown in a remote county, a judge would be dispatched with a special royal authorization called a Commission of Oyer and Terminer. This judge would then preside over a Court of Oyer and Terminer in that county to hear the evidence and determine the guilt or innocence of the accused.

• Example 2 (Historical England): Consider a case of a notorious highwayman committing multiple robberies and murders (felonies) across several English shires in the 18th century. The traveling judges of the assize system, operating under a Court of Oyer and Terminer, would have been responsible for bringing these serious offenders to justice, moving from county to county to address the backlog of major criminal cases.

• Example 3 (U.S. Context): While largely historical, some U.S. states, such as Pennsylvania, once had courts explicitly named Courts of Oyer and Terminer. These courts were responsible for trying the most severe criminal cases, such as murder, rape, and arson. For instance, a complex murder trial involving extensive forensic evidence in early 20th-century Pennsylvania would have been heard in such a court, reflecting its jurisdiction over serious felonies.