Milwaukee County Orphans Board Records, 1899-1945

Biography/History

The Milwaukee County Orphans Board is a public charity that began operations in 1871. The board was active into the 1970s and still existed as a non-profit organization as of 2007. It is unclear how long the board remained active as a charity. When it was active, the board collected funds for distribution to various private orphanages in Milwaukee County, including St. Joseph's Orphan Asylum, St. Aemilian's Orphan Asylum, St. Rose's Orphan Asylum, St. Vincent's Infant Orphan Asylum, St. Joseph's Home, St. Joseph's Home of St. Raphael, The Lutheran Children's Home, The Milwaukee Orphan Asylum, and The Milwaukee Jewish Orphan Home. The funds collected for the orphanages were sometimes referred to as the Milwaukee County Orphans Fund.

The Trustees of the Milwaukee County Orphans Board were incorporated by a special act of the Wisconsin Legislature, ch. 124 of the Private and Local Laws of 1871. Trustees consisted of the judges of the circuit, municipal, county, civil, and district courts of Milwaukee County, and they oversaw the appropriation and distribution of the Milwaukee County Orphans Fund. By 2007, the Milwaukee District Court Administrator oversaw the Fund.

Also in 1871, the Legislature passed ch. 471 of the Private and Local Laws, allowing the Orphans Board to collect unclaimed probate money for distribution to the orphanages. If unclaimed for one year, the inheritances were invested in state and federal bonds, the interest of which went into the Orphans Fund. If an heir appeared within five years and made a valid claim, their share of the principal money was returned to them. If unclaimed for five years, the inheritance in its entirety was appropriated by the Orphans Fund.

In 1932, the Board went before the Wisconsin Supreme Court regarding the case of the Payne Estate. The administrators of that estate claimed that the law allowing the Board to collect probate money was unconstitutional, and the court agreed. The state ordered the Orphans Board and several of its beneficiaries to pay to the state all probate money collected under ch. 471 of the Private and Local Laws of 1871, amounting to $144,638.88. The Estate of Mary Bulewicz case re-affirmed this decision in 1933. In 1935, the Board and its beneficiaries appealed the state's demand for payment. The Board won and was not forced to pay the state, but it continued to be unable to collect funds from unclaimed estates. The Board continued to function as a charity into the 1970s, and it still existed as of 2007, though it appeared to be mostly inactive.

In the first half of the 20th century, the Milwaukee County Orphans Board existed for the sole purpose of collecting, investing, and distributing money to Milwaukee County orphanages, and its daily activities were primarily administrative and financial in nature. The Board also engaged in extensive legal activity, not just in the 1930s during its Wisconsin Supreme Court cases, but also throughout the early 20th century whenever an heir appeared and requested their share of an inheritance. In this way, the Board's financial and legal activities were closely intertwined.

The Board required the orphanages receiving funds to file annual reports to the Board in order to receive funds. The Board was also charged with inspecting the orphanages annually.

The records in this series were discovered in 2006 in the office area of former Judge of the County Court Michael S. Sheridan (judge from circa 1913-1955), who also served as Secretary/Treasurer of the Board during part of his tenure.