What was the Legal Age?

In family history when we are studying a record, often we have questions, and wonder where we can find the answers.  One problem area in United States research is court records. There’s such a variety of courts, and cases, that we are usually left scratching our heads.

As a professional genealogist, one area I’m always asking questions is: “What was the legal age to perform a particular legal action?” For me the quick fix is always Table 7-2 “Ages of Legal Action” in the chapter “Court Records” in The Source: A Guidebook to American Genealogy (Third Edition, 2006): 275-6 , edited by Loretto Dennis Szucs and Sandra Hargreaves Luebking. No serious researcher should be without this standard textbook for American genealogy.

Knowing what the “Ages of Legal Action” are is important in your Irish immigrant research. The reason being is that first and last names are so common. Sometimes to know you have the correct Patrick Sullivan or Mary Kelly is to know how old they would have been to perform a legal action.

I have adapted their Table 7-2 of legal actions for this blog. The list below is not a substitute for either the table or the entire chapter of this work.

Inherit: from birth or before birth

Be enumerated in a census: from birth, all names mentioned as of 1850

Attend school: age 5, with some schools accepting younger children

Witness documents: males 14, females 12 (some exceptions)

Testify in court: males 14, females 12

Choose a guardian: males 14, females 12 (for exceptions see The Source)

Serve as an apprentice: males 14, females 12

Show land to processioners: males 14, females 12, males only in the South.

Punished for a crime: males 14, females 12 (some exceptions)

Sign contracts: males 14, females 12

Act as an executor: males 14, females 12 (for exceptions see The Source)

Bequeath personal property by a will: males 14, females 12 (for exceptions see The Source)

Marry: males 14, females 12 (for exceptions see The Source)

Be taxed: males 16

Muster into militia: males 16

Take possession of land holdings: age 16

Practice trade: age 18

Release of guardian: males 21, females 18

Own land: age 21 (some states allowed females at age 18)

Devise land by will: age 21

Be taxed: full responsibility at age 21 unless exempt.

Plead or sue in court: age 21

Be naturalized: age 21

Fill public office: age 21

Serve on jury: age 21

Vote: age 21 (various requirements over the years)