Milwaukee County Orphans Board Records, 1899-1945


Summary Information
Title: Milwaukee County Orphans Board Records
Inclusive Dates: 1899-1945

Creator:
  • Trustees of Milwaukee County Orphans Board
Call Number: Milwaukee Series 52

Quantity: 0.6 c.f. (2 archives boxes)

Repository:
Archival Locations:
UW-Milwaukee Libraries, Archives / Milwaukee Area Research Ctr. (Map)

Abstract:
Records of the Milwaukee County Orphans Board, 1899-1945. Established by a special act of the Wisconsin Legislature in 1871, the Orphans Board supported orphan asylums with distributions from the proceeds of estates without heirs. A series of Wisconsin Supreme Court cases ended this practice in the 1930s. The Board distributed funds to various orphanages including St. Joseph's Orphan Asylum, St. Aemillian's Orphan Asylum, St. Rose's Orphan Asylum, Lutheran Children's Home, Milwaukee Orphan Asylum, Milwaukee Jewish Orphan Home, St. Vincent's Infant Orphan Asylum, St. Joseph's Home, and St. Joseph's Home of St. Raphael.

Language: English

URL to cite for this finding aid: http://digital.library.wisc.edu/1711.dl/wiarchives.uw-whs-milw0052
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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.

Scope and Content Note

The records consist of administrative materials including correspondence and probate records; materials pertaining to the court cases including correspondence, court records, and exhibits; and annual reports from orphanages, including names of orphans.

The ADMINISTRATIVE RECORDS, 1900-1943, consist primarily of probate records, 1900-1931; correspondence, 1899-1943; and a few of the Board's annual reports and meeting minutes from 1903-1909. Probate records and correspondence are each arranged roughly alphabetically. The alphabetical arrangement scheme, particularly in the case of the correspondence, is somewhat idiosyncratic. Materials appear to have been filed sometimes by correspondent and sometimes by subject. The correspondence only consists of a few files, however, making it easy for researchers to browse through the materials. Correspondence is primarily from the 1920s-1930s, and pertains to routine business and financial transactions. The correspondence also includes letters from heirs, routine correspondence with orphanages regarding annual reports and monetary distribution, and correspondence between trustees regarding annual meetings and other administrative matters. This series also includes correspondence regarding the Board's Supreme Court cases and overlaps significantly with the Supreme Court series. Meeting minutes only exist for the years 1903-1904, though there is evidence that the Board continued to meet yearly. Annual reports of the Board are also quite sparse, dating from 1903-1904, 1907, and 1909. Probate records are far from complete, consisting of a single file folder. These were interfiled with other financial and administrative files, including bank books, bank statements, and investments. These routine financial documents were discarded, along with routine and duplicate correspondence.

The WISCONSIN SUPREME COURT CASES, 1931-1935, document the Board's legal troubles, and are grouped according to case. Three cases are present: the Payne case in 1932, the Bulewicz case, 1931-1935, and the Board's appeal of the Payne case in 1935 (State of Wisconsin vs. Trustees of the Milwaukee County Orphans Board). This series consists of incoming and outgoing correspondence; relevant probate records for the Payne and Bulewicz cases; copies of appeals statements and other court records; and Photostat copies of exhibits from the Bulewicz Case, including a marriage certificate and photographs of the married couple. Much of the correspondence is between the president of the Board and various orphanages and public officials regarding the court's original decision to force the Orphans Fund and its beneficiaries to return a large portion of its funds to the state of Wisconsin. Also included is a comprehensive list of estates that provided funds to the Orphans Board between 1871 and 1932. The official documents provide an excellent narrative history of the court cases as well as providing a good overall picture of the early activities and functions of the Orphans Board itself. The correspondence reveals the impact that the cases had on both the Board and the orphanages that received its funds. The correspondence also documents the relationships between the Board and the various orphanages it funded. The list of estates is an excellent summary of the probate cases associated with the Board. There is significant overlap between this series and the Administrative Records. Materials regarding the Bulewicz case in particular appear in the Correspondence and Probate files.

The ANNUAL REPORTS FROM ORPHANAGES, 1907-1931, consist of annual reports from each orphanage receiving funds from the Board; reports were required in order for orphanages to receive funds. Reports list each orphan's name, age, and number of days in the institution that year. Beginning in 1915, reports also include whether any parents were living, as well as the date of entry. The 1914 report includes a narrative typed summary of the living conditions at each orphanage. Orphanages covered by the reports include the 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. These files are arranged chronologically.

Administrative/Restriction Information
Acquisition Information

Found in the office of former Secretary/Treasurer of the Board, Judge Michael S. Sheridan. Accession Number: C2007/041


Processing Information

Processed by Heather Richmond, 2007.


Contents List
Milwaukee Series 52
Series: Administrative Records
Box   1
Folder   1
Probate records, 1900-1931
Correspondence, 1899-1945
Box   1
Folder   2
A-G
Box   1
Folder   3
H-M
Box   1
Folder   4
N-Z
Box   1
Folder   5
Meeting minutes and annual reports of the Milwaukee County Orphans Board, 1903-1909
Series: Supreme Court Cases
Box   1
Folder   6
List of estates from which funds of Milwaukee County Orphans Board were received, 1932
Box   1
Folder   7
In regards to Payne's Estate, 1932
Box   1
Folder   8
Gorny et al. vs. The Trustees of the Milwaukee County Orphans Board (Bulewicz case), 1931-1935
Box   1
Folder   9
State of Wisconsin vs. The Trustees of the Milwaukee County Orphans Board, 1933-1935
Series: Annual Reports of Orphan Asylums
Box   1
Folder   10
1907-1915
Box   2
Folder   1
1916-1924
Box   2
Folder   2
1925-1928
Box   2
Folder   3
1929-1931