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Value of Probate Records
Posted on Sunday, February 27 @ 05:53:48 EST by odyssey |
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dpeddie writes "When it comes to collecting vital records for genealogy, most people typically start by collecting bith, marriage and death records. However, an often untapped source that is often overlooked and is very easy to locate in many cases is probate records that are filed after a death of your ancestor. So what is probate and how can it help you get more info....read on.......
DEFINITION
Probate: the act or process by which the will of a person is proved, or
the estate of a deceased person is dispersed.
GENEALOGICAL VALUE
Probate records vary somewhat in content and format from district to
district and state to state. Probate records often give specific
relationship of the heirs to the deceased. They may also give
information on the present or former residence(s) of the heirs and of
the deceased. Gifts of personal property mentioned in a will may
provide clues to religious affiliation, military service, social status,
occupation, etc. Wills may also provide the date of death, or a close
approximation of it. Caution must be exercised in assuming
relationships of people mentioned in the will. The wife may not be the
mother of the children mentioned. Not all the children may be mentioned
in it. Deceased children and those who had already received their
inheritance were often excluded from the will.
Listed below are some of the records generated in the probate process
and a description of their contents:
MAJOR RECORDS
ADOPTION AND GUARDIANSHIP: name of the child(ren), parents, guardian(s) or foster parents; age and sex of child(ren); residences of the parties
involved; inheritance(s); and guardians' bond.
BOND: name of the administrator or executor(s), bondsmen, the deceased; amount and date of bond.
CASE FILE: copy of will; inventory of estate; copies of the court order;
miscellaneous letters and papers pertaining to the probate action.
DOCKET, CALENDAR or INDEX: date of court action; name(s) of executor(s) or administrator(s), and of the deceased; reference to the order book
and case files.
ORDER BOOK: court order; date of order; name(s) of executor(s) or
administrator(s); identification of the estate.
WILL: date of will; name of testator; name(s) and relationship(s) of
heir(s) (if any); description of property and its deposition; name(s) of
executor(s) and witnesses; date of probate.
ADDITIONAL TERMINOLOGY
ADMINISTRATOR (ADMINISTRATRIX): individual appointed by the court to
dispose of the estate of a person who died intestate.
CODICIL: do*****ent created by the testator to amend his/her will.
ET UXER (ER. UX.): and wife.
EXECUTOR (EXECUTRIX): person appointed by the testator and approved by the court to execute the terms of the will.
HOLOGRAPHIC WILL: will which is written, dated, and signed entirely in
the testator's own hand. This type of will requires no witnesses to its
signing.
INTESTATE: one who died without leaving a will.
NOTORIAL or AUTHENTIC WILL: will made by the testator before a Notary. It is retained in the Notary's file until the testator's death.
NUNCUPATIVE WILL: will given orally in the presence of witnesses.
TESTATE: one who died leaving a will.
AVAILABILITY
Probate records are usually in the custody of the Probate Clerk in the
county where the estate was probated. The Genealogical Department
Library has microfilmed probate records for many counties, but seldom
has the complete probate packets or case file. The complete probate
packets may be available through personal research at the county
courthouse by hiring a local researcher, or sometimes by correspondence
with the probate clerk.
BIBLIOGRAPHY
THE AMERICAN GENEALOGIST, "Probate Laws and Customs" by Donald Lines Jacobus.
BLACK'S LAW DICTIONARY, by Henry Campbell Black (St. Paul, Minn: West Publishing Co., 1968).
THE RESEARCHER'S GUIDE TO AMERICAN GENEALOGY by Val D. Greenwood (Baltimore: Genealogical Publishing Co., 1973) Chapters 12-14
A TREATISE ON THE LAW OF WILLS, by John R. Rood (Chicago: Callaghan & Co., 1926).
CANADA
Wills and probate records are registered with the various Surrogate or Probate Courts in each of the provinces. All provinces are divided into surrogate court districts, each of which is responsible for the adminstration of its own records. Most provinces have a central registrar for surrogate records. Local courts submit a brief notice to the central agency regarding each application for probate being processed by their offices. These notices generally contain the name, residence, occupation, date of death, some information regarding the nature of the probate, and the local surrogate court where the application for probate was made.
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Alice corrected herself.
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"Well, what is the song then?" said Alice, who was by this
time completely bewildered.
"I was coming to that," the Knight said. "The song really is
"A-sitting on a Gate": and the tune's my own invention."
--Lewis Carroll, "Through the Looking Glass" |
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The Bulwer-Lytton fiction contest is held ever year at San Jose State
Univ. by Professor Scott Rice. It is held in memory of Edward George
Earle Bulwer-Lytton (1803-1873), a rather prolific and popular (in his
time) novelist. He is best known today for having written "The Last
Days of Pompeii."
Whenever Snoopy starts typing his novel from the top of his doghouse,
beginning "It was a dark and stormy night..." he is borrowing from Lord
Bulwer-Lytton. This was the line that opened his novel, "Paul Clifford,"
written in 1830. The full line reveals why it is so bad:
It was a dark and stormy night; the rain fell in torrents -- except
at occasional intervals, when it was checked by a violent gust of
wind which swept up the streets (for it is in London that our scene
lies), rattling along the housetops, and fiercely agitating the scanty
flame of the lamps that struggled against the darkness. |
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