Camellia Grace Learn Article #22

Adoption and Heirship

Portrait of Princess Clara Hatzfeldt, 1897. Huntington History, Huntington Digital Library.

Under English common law, which the American states inherited, property passed by blood. There was no legal way to make another personโ€™s child an heir, so families who took in orphaned relatives or foundlings depended on wills or goodwill to provide for them. 


That changed in 1851, when Massachusetts passed the Adoption of Children Act, widely considered the first modern adoption law. A petitioner applied to the probate court, a married petitionerโ€™s spouse had to join the petition, and any child fourteen or older had to consent. If the judge found the adoption โ€œfit and proper,โ€ the child was treated for inheritance purposes as if born to the adoptive parents in lawful wedlock. 


There was one exception: an adopted child could not inherit property reserved for the โ€œheirs of the body,โ€ meaning blood descendants. Other states followed with their own statutes, but an adoption decree still did not guarantee a share of the family fortune. Courts generally held that an adoption bound only the people who were parties to it. When a grandparent or other relative left money to someoneโ€™s โ€œchildrenโ€ or โ€œissue,โ€ the courts usually assumed blood kin were meant; as a result, adopted children were often left out of the family trusts that held much of the eraโ€™s wealth.


Among the very rich, adoption could still change a childโ€™s fortunes entirely. The railroad magnate Collis P. Huntington and his first wife, Elizabeth, had no children of their own and adopted Elizabethโ€™s niece, Clara Prentice, a grocerโ€™s daughter. 


Elizabeth died in 1883. The next year Collis married Arabella Worsham and adopted her fourteen-year-old son, Archer, amid persistent rumors that Archer was Collisโ€™s own child. 
Clara joined the ranks of the Dollar Princesses (see Letter #8) in 1889, when she married Prince Franz von Hatzfeldt-Wildenburg, a German nobleman known for his debts. Newspapers reported that her adoptive father provided a million-dollar dowry. 


When Collis died in 1900, his fortune went to Arabella, Archer, Clara, and his nephew Henry E. Huntington. The family tree grew more tangled in 1913, when Arabella married Henry, her late husbandโ€™s nephew.

The Plight of Orphans

In the Gilded Age, the word โ€œorphanโ€ covered far more children than it does today. From the Civil War to the Great Depression, orphan asylums provided more aid to Americaโ€™s dependent children than any other source, yet most of the children inside them were half-orphans, meaning they had one living parent who could not support them. 


That parent was often a widowed or deserted mother who could not earn a wage and care for several young children at the same time. Parents often placed children in an asylum during a hard stretch and intended to bring them home once things improved. Some institutions were built around this arrangement. 


The Chicago Nursery and Half-Orphan Asylum, founded by wealthy volunteers, started as a day nursery for the children of working mothers. Jewish philanthropists, many of them women, opened orphanages so that immigrant children would not lose their faith in Christian institutions.


Life inside was often strictly regimented, and siblings were frequently split up. Children with no parent to reclaim them might be sent west on the orphan trains instead. By the 1890s, critics were calling the asylums overcrowded and impersonal, and by 1909 reformers were urging aid to poor mothers so that children could stay at home.


Abandoned infants faced worse odds. Before the Civil War, New York sent them to the almshouse, where they were housed alongside the sick, the poor, and the mentally ill. 


On October 11, 1869, Sister Mary Irene Fitzgibbon and two other Sisters of Charity opened the New York Foundling Asylum in a rented brownstone on East Twelfth Street and placed a cradle at the door so that babies could be left anonymously. The first infant arrived that same night, and more than a hundred followed by the end of the year. 


The city ran its own Infant Hospital on Randallโ€™s Island in the East River, where survival was grim. In 1890, the reformer Jacob Riis reported that 333 of the 508 babies received at Randallโ€™s Island Hospital the previous year had died. He noted that most foundlings came from the East Side and described many as abandoned by young, unmarried mothers.


He dismissed newspaper stories about richly dressed foundlings as fiction. The babies arrived in rags, sometimes with a note pinned on, such as one he quoted: โ€œTake care of Johnny, for Godโ€™s sake. I cannot.โ€

The Art of Love Letters in the Gilded Age

News from Afar. Alfred Stevens (Belgian, 1823-1906). Mid-1860s. Oil on canvas. Acquired by William T. Walters, before 1878. Public Domain.

For courting couples in the Gilded Age, the love letter was both a private pleasure and a skill to be learned. Letter-writing manuals sold widely, and most included model letters for every stage of a romance. The 1882 edition of Gaskellโ€™s Compendium of Forms offered templates such as โ€œFrom a Gentleman to a Lady, Making a Declaration.โ€ Thomas E. Hillโ€™s Manual of Social and Business Forms, sold by subscription agents and reissued for decades, devoted an entire section to courtship and marriage.

 

Hill warned that love letters were the most often reread of all letters, the longest kept, and โ€œthe most likely to be regretted in after life.โ€ Other guides urged boldness instead. Gayโ€™s Standard Encyclopedia of 1885 told a suitor that he must โ€œcompromise himself fearlesslyโ€ in his first letter. In practice, couples often ignored the stiff models.

 

The historian Karen Lystra studied the private letters of more than a hundred nineteenth-century Americans and found that middle-class couples who were reserved in public wrote to each other with real openness, even playfulness. Letters gave lovers a private place to test their feelings, admit their doubts, and build the emotional closeness that more and more Americans expected a marriage to rest on.

 

Hillโ€™s warning had a practical side. Throughout the Gilded Age, the law treated an engagement as a contract, and a jilted fiancรฉe could sue for breach of promise to marry. Women had few ways to support themselves outside marriage, so these โ€œheart balmโ€ suits could result in substantial damages, and a coupleโ€™s love letters were often read aloud in court as evidence.

In 1896, Carrie Myhill, a schoolteacher in Ridgeway, New York, sued Edgar Pells, a wealthy local bachelor twenty-five years older than she was, for $50,000. Their courtship had begun in 1887 with an exchange of photographs. At trial, 78 of their letters were entered as evidence, 35 written by him and 43 by her.

 

Pellsโ€™s lawyer called the suit blackmail and pointed out that none of the letters mentioned marriage. The jury sided with Myhill and awarded her $12,000. Pells appealed but died in 1899 before the case was resolved, and his sister paid the judgment from his estate.

 

By 1935, newspapers were describing such suits as a โ€œheart balm racketโ€ run by scheming women. That year, Illinois and other states began passing laws to abolish these suits.

Other Words, People and Phrases:

Cloisonnรฉ: A decorative technique in which thin metal wires form small compartments on a metal surface. These compartments are filled with colored enamel and fired.

Reticule: A small drawstring handbag, often made of silk or netting and decorated with embroidery or beads.

Sources:

https://pages.uoregon.edu/adoption/archive/MassACA.htm
https://pages.uoregon.edu/adoption/timeline.html
https://scholarship.law.ufl.edu/facultypub/865/
https://library.syracuse.edu/digital/guides/h/huntington_cp.htm
https://researchguides.huntington.org/heh
https://nebnewspapers.unl.edu/lccn/2010270512/1893-12-16/ed-1/seq-6.pdf
https://oregonnews.uoregon.edu/lccn/sn83025138/1913-07-17/ed-1/seq-3/
https://scholars.depaul.edu/en/publications/second-home-orphan-asylums-and-poor-families-in-america/
https://reason.com/1996/05/01/orphan-family-values
https://jwa.org/encyclopedia/article/orphanages-in-united-states
https://muse.jhu.edu/article/381551
https://muse.jhu.edu/book/7677
https://www.nyfoundling.org/history/october-11-1869/
https://www.catholic.com/encyclopedia/sister-irene
https://thetablet.org/new-york-foundling-anniversary/
https://standardebooks.org/ebooks/jacob-riis/how-the-other-half-lives/text/chapter-16
https://suspeccoll.southwestern.edu/exhibits/show/social-graces/courting-and-courtesy
https://asset.library.wisc.edu/1711.dl/V4UOEPRXVVG768U/E/file-96ea0.pdf?dl
https://openworks.wooster.edu/motherhomeheaven/3
https://archives.consortiumlibrary.org/2013/02/13/writing-a-love-letter/
https://publishersweekly.com/9780195058178
https://encyclopedia.com/arts/educational-magazines/lystra-karen
https://3quarksdaily.com/?p=267422
https://orleanshub.com/one-of-communitys-most-eligible-bachelors-sued-in-broken-heart-case-in-1896/
https://www.smithsonianmag.com/history/how-heart-balm-racket-convinced-america-women-were-no-good-180968144/
https://www.illinoiscourthistory.org/Resources/d29edc85-648c-41ca-bdaa-1cdfcf5245da/SC
https://www.metmuseum.org/art/collection/search/40727
https://trc-leiden.nl/trc-needles/individual-textiles-and-textile-types/accessories/reticule

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