Skip to Content

Decisions of the Superior Courts of New South Wales, 1788-1899

In re Curtis [1832] NSWSupC 53

infancy - guardianship - marriage, of infants

Forbes C.J. and Dowling J., 28 July 1832

Source: Dowling, Proceedings of the Supreme Court, Vol. 72, Archives Office of New South Wales, 2/3255


[p. 96] A petition having been presented to the judges on behalf of Mary Curtis an infant under the age of 21, viz. of the age of 20. - praying that Geo Clewitt the bother in law of the infant, and Mrs. Clewitt her sister, residents [p. 97] of Sydney, might be appointed her guardians for the purpose of giving their consent to her intermarriage with one Wm. Brigg, housekeeper & dealer of Launceston, V.D. Land, the case was reserved for consideration, & we desired the parties to attend us in person this day.  Accordingly this day, Mary Curtis the infant, George Clewitt the Brother in Law, & Wm. Brigg the intended husband, attended, & being severally examined it appeared that all the parties were free emigrants from England. - Mr & Mrs. Clewitt, had brought the infant with them with the consent of her mother from Somerstsline, - that they being satisfied of the respectability of the intended husband, and the infant being willing to intermarry with him, & he being of ability to maintain her, the parties prayed the appointment of guardians to consent to the marriage.  The intended husband had made a short trip from V.D.L. and was on the eve of departing, - & this was assigned as an excuse for not publishing banns in the Church.  The parties had known[?] each other personally [p. 98] for no more than a fortnight, but had corresponded by letters for 4 months.  The sister of the infant, had known the intended husband in England.

Under these circumstances the Judges granted the prayers of the petitioner & accordingly appointed Mr & Mrs. Clewitt, guardians of the infant for the purpose of their consenting to the marriage.

Published by the Division of Law, Macquarie University