| Researching Your Ancestor's Locality - Chat Transcript | |
With Special Guest, Michelle Chubenko
<NAHostMichelle> Probate records... you can
learn lots of great info with these records!
<NAHostMichelle> Probate records are those that are created by the estate
of a decedent.
<NAHostMichelle> Does everyone understand Testate versus In Testate ???
<Jilly> no
<swannurse> Are they with or without wills or both?
<Kate> yep. left a will vs didn't
<NAHostMichelle> Testate = will
<NAHostMichelle> In testate = no will
<Jilly> kate ur right on board
<Jilly> lol
<NAHostMichelle> Which type of records do you think I like better?
<swannurse> testate
<KimberlyHOST> Intestate
<Kate> Intestate?
<NAHostMichelle> For those who said or thought "In Testate", you're
correct!
<NAHostMichelle> Anyone care to guess why?
<Jilly> information
<swannurse> wouldn't a will be better?
<Jilly> family names and relations.
<Kate> More information had to be provided to the court to prove family
ties
<Jilly> location of property
<Jilly> type of property
<NAHostMichelle> Swannurse, as much as I love finding a will recorded for
someone I'm researching. I LOVE when the estate is an Administration. Bottom
line... lots more info to be found/recorded.
<swannurse> never thought of it that way>
<NAHostMichelle> Administrations also provides two documents that a normal
probate (will) process does not...
<Jilly> what do u mean by administrations
<NAHostMichelle> Administrations = In Testate
<Jilly> k
<NAHostMichelle> For an estate that has a will, the Executor is named in
that document. But, without a will, the court must appoint and Administrator/trix
to handle the affairs of said estate. Hence... Adminstrations.
<NAHostMichelle> Guesses anyone??
<swannurse> Known family member?
<KimberlyHOST> inventory
<NAHostMichelle> That's one!
<Kate> All the possible heirs and addresses
<KimberlyHOST> I'll let the others guess the other one <grin>
<swannurse> debts?
<Jilly> ahh.........go on kim
<NAHostMichelle> Kate, in many cases, the Application for Probate and
Application for Administration are similar docs
<NAHostMichelle> which have the heirs at law and residences listed.
<Kate> Aha! Good to know!
<NAHostMichelle> Keep in mind though, these 2 Applications became common
only in the late 19th C
<NAHostMichelle> No one wants to give it a shot?
<azurelee> application for admin
<NAHostMichelle> The two best pieces or documents found in an
Admnistration or In Testate estate are the Inventory and the Accounting.
<NAHostMichelle> The Inventory is a fantastic *picture* of the actual
personal property that the person owned at the time of death.
<NAHostMichelle> This listing will give you everything from bed sheets, to
combs, to spoons to corn in the barn!
<azurelee> cool
<Jilly> have one of those...lol
<Jilly> was amazed when i first read it
<michaelneill> You'll even occasionally see the chamberpot listed ;-)
<swannurse> me, had 2 chamber pots but no forks
<Jilly> wouldn't be surprised
<DonP> Isn't there a list of Assets when there is a will also, to
determine taxes, and legal fees based on total assets?
<zerosum> Is there any incentive to be In Testate....They will pay more
tax?
<NAHostMichelle> And, the Accounting can be a gold mine of info as well.
It lists the financial activity of the Adminstrator/trix for the estate.
<HW> One list I saw had a 20 cent bill for soap flakes in it.
<MicheleW> So when my mom dies without a will, I will have to file for
Administration and an inventory of everything in the house and all moneys had
and who and how does this get recorded and owed will need to be accounted for?
<Kate> The Decree of Distribution is apt to give more of the relationships
involved than anything else isn't it?
<NAHostMichelle> Don, no, a list of assets is not necessary when there is
a will. The estate is divided based on the instructions contained in the will.
<azurelee> now they have a thing called living trust.
<swannurse> so basic, with will no accounting?
<zerosum> Is there any way to escape the estate tax other than gift tax?
<KimberlyHOST> Some wills will list personal possessions
<swannurse> without will all accounted for?
<KimberlyHOST> Usually only important ones - and not chamberpots ;-)
<michaelneill> and some cases with wills will have inventories of real and
personal estate---it just varies from state to state and over time...
<KimberlyHOST> And usually only if the testator wished to leave them to
someone specific
<NAHostMichelle> Make sure you review the Inventories as well as the
Accounting. Especially, to whom were payments made, note locations if listed!
<NAHostMichelle> Administrators could have received reimbursement for
travel expenses relating to the disbursement of an estate.
<NAHostMichelle> I recently used the accounting of an estate to determine
a place of burial! How? In simple terms... I researched which church the person
who was paid to open the grave.
<NAHostMichelle> Because the sexton's book doesn't exist for the timeframe
of the death, we had to use other records to get to the answer.
<azurelee> never thought of doing that
<NAHostMichelle> Also, understand who holds the records that you're
looking for... New Jersey - Surrogate's Court; Florida - Clerk of the Court;
Pennsylvania - Register of Wills
<azurelee> what about Michigan?
<NAHostMichelle> If you dealing with many different time frames of
research, here's a book that is helpful...
<NAHostMichelle> Shammas, Carole. Inheritance in America: From Colonial
Times to the Present. New Brunswick, New Jersey: Rutgers University Press, 1987.
<NAHostMichelle> Also, since I like Adminstrations, I found this book to
be interesting...
<NAHostMichelle> Smith, Kenneth L. Estate Inventories: How to Use Them.
Morgantown, Pennsylvania: Masthof Press, 2000.
<NAHostMichelle> Questions?
<KimberlyHOST> Another interesting item related to Probate records are
Guardian Accounts
<Guest2095> What about the state of Kentucky?
<KimberlyHOST> Sometimes you can find connections by looking at who was
appointed as guardian for minor children
<swannurse> With a will, is there a way to get an address (area) from the
receiver
<NAHostMichelle> swannurse, what time period?
<swannurse> 1919
<michaelneill> For Kentucky, probably County Court Clerk (http://www.kygenweb.net/contact/kyclerks.html)
has addresses
<Guest2095> Thanks
<NAHostMichelle> You should check the Application for Probate for
residence info
<swannurse> 1902 MI
<michaelneill> Remember though that guardians records might be filed
separately from other probate or estate records..depends upon time/place.
<KimberlyHOST> Copies of probate records in Kentucky can also be found at
the Department of Libraries and Archives and the Kentucky Historical Society
<swannurse> ok, thanks
<Guest2095> So how do you find out if there are any?
<KimberlyHOST> The FHL (Family History Library) has also microfilmed many
probate records
<NAHostMichelle> Their online catalog is a great place to start to see
what type of records are available.
<KimberlyHOST> You can find out if they have filmed records for your
locality by using Place Search in the Family History Library Catalog (http://www.familysearch.org/Eng/Library/FHLC/frameset%5Ffhlc.asp)
<michaelneill> Just remember that sometimes LDS doesn't film "everything,"
but they are a good starting point.
<KimberlyHOST> One of the best ways to learn what is available in your
locality is to check with researchers experienced in the area
<NAHostMichelle> Okay, our next subtopic is Court Records... for those of
you who think you might have a black sheep or two in the tree, here's you chance
to check them out.
<KimberlyHOST> Check with the local GenWeb site or try one of the RootsWeb
mailing lists
<michaelneill> I often post to the mailing list for that county and
sometimes a "local" will have some advice.
<KimberlyHOST> Or a local genealogical/historical society
<azurelee> i have two black sheep in michigan. joel king and his son
leander. 1860 census mentions they were in jackson st. prison
<NAHostMichelle> Two basic types of court records... Criminal & Civil
<NAHostMichelle> Also, different jurisdictions as well... Local versus
state; as well as Federal
<michaelneill> Besides local records---azurelee--you might want to try the
MI state archives...I've used state archives for one of my prisoners.
<azurelee> i had to petition the courts for my adoption records.
<NAHostMichelle> Many people make jokes about our society being quick to
sue, but the court records of our ancestors aren't much different.
<NAHostMichelle> There are cases of failure to pay on a promissory note,
stolen property (horses, hogs, etc), slander, public drunkeness (sp?)
<KimberlyHOST> children born out of wedlock too
<KimberlyHOST> Were you successful in obtaining your adoption records
azurelee?
<azurelee> dont know yet. i had to fill out a form and send it to san
diego.
<NAHostMichelle> These records can be a gold mine of info providing little
known details of the lives of our ancestors.
<KimberlyHOST> Good luck with it azurelee!
<azurelee> judge will decide if i have cause. i said medical, which is a
very good reason.
<azurelee> i really just want to find out my real name
<KimberlyHOST> We can all understand that need!
<KimberlyHOST> We're all in this because we want to know who we are and
where we came from
<NAHostMichelle> Also, make sure you understand legal terms and ages.
<NAHostMichelle> A great resources for legal terms is... Black, Henry
Campbell. Black^`2019s Law Dictionary: Definitions of the Terms and Phrases of
American and English Jurisprudence, Ancient and Modern. St. Paul: West
Publishing, 1991.
<michaelneill> sometimes you can get copies of Black's Law on Ebay for a
reasonable amount--FYI--that's where I got mine.
<KimberlyHOST> Good tip!
<michaelneill> shipping nearly killed me, but the price was reasonable
(it's heavy...) ;-)
<KimberlyHOST> LOL!
<azurelee> who do you write to for criminal records in Michigan?
<michaelneill> also if your local library ever has a "sale" check for
copies of old state statutes---I got an entire set of IL state statutes from
1980 for $1.50
<NAHostMichelle> Okay, next question... Up to what age can a male be
referred to as an Infant?
<NAHostMichelle> Don't be shy!!
<DonP> 12
<azurelee> I'll guess, 8
<michaelneill> (hint...he could probably heft 75 pound bales of hay...)
<swannurse> 5
<NAHostMichelle> LOL
<NAHostMichelle> Okay, we have 12, 8 and 5....
<KimberlyHOST> azurelee, it depends upon whether it was a misdemeanor or a
felony, and the jurisdiction of the court in which the conviction occurred. Most
misdemeanors would probably have been handled by county court.
<azurelee> it was for larcency
<KimberlyHOST> How long in prison? Do you know?
<azurelee> ok
<KimberlyHOST> Do you know where in prison?
<NAHostMichelle> Actually, he would be 14 and under.
<azurelee> not very long leander died at andersonville
<azurelee> i guess i could write prison.
<NAHostMichelle> So, he probably was moving those bales of hay even though
he would have been considered an Infant son in a will.
<NAHostMichelle> And for us girls... we would have been 12 and under.
<azurelee> wow
<michaelneill> azurelee--I would try the county court offices first
<azurelee> ok, thx
<NAHostMichelle> The Szucs and Luebking book "The Source.." has an
excellent table on page 209 on "Ages of Legal Actions." They also cite other
sources to consult for particular details regarding period and jurisdiction.
<MicheleW> Why was it 14? A military or voting or land ownership reason?
What?
<MicheleW> OH good
<MicheleW> thanks
<NAHostMichelle> Generally, "of age" in a legal context (e.g., when a boy
or girl could dismiss his/her guardian and receive the inheritance) was 21--and,
again depending on area and time period, one had to be 21 to sell land or make a
valid will disposing of land (18 if only disposing of personal property).
<KimberlyHOST> A good book on court records - The Sourcebook of County
Court Records, 4th Edition (1998), edited by Michael L. Sankey, Carl R. Ernst,
and Jimmy Flowers
<NAHostMichelle> Szucs, Loretto Dennis and Sandra Hargreaves Luebking. The
Source: A Guidebook of American Genealogy. Salt Lake City, UT: Ancestry
Publishing, 1997.
<NAHostMichelle> Any other questions on Court Records? Thanks to Kim and
Michael for helping out!!
<michaelneill> no problem....court records are excellent...and people
always think your ancestors had to be "rich" to appear...not so....this has been
interesting...
<KimberlyHOST> I've been spending the last month reading early NC court
minutes and finding all sorts of interesting things
<Guest2095> Are they on line?
<KimberlyHOST> No
<azurelee> looks like I'll have to take a closer look at the source book.
<michaelneill> my wife's ancestor was brought up on charges of adultery
and the girfriend on charges of fornication....
<KimberlyHOST> I ordered the films through my local FHC
<michaelneill> in the 1870s...in Illinois
<azurelee> I'll have to go to my local FHC when someone is there who knows
what they are doing.
<NAHostMichelle> Mine weren't that colorful... failure to pay on a
promissory note, taxes, etc.
<KimberlyHOST> azurelee - the volunteers at the Family History Centers are
nice, but not always experienced. Just remember they are volunteers trying to
help!
<michaelneill> Most of mine aren't either....although I did have one who
was divorced twice from the same man...(in the mid 1800s)
<swannurse> mine a horse thief
<NAHostMichelle> That's an interesting twist!
<azurelee> oh yes i know, it was an elderly gentlemen, real nice told me
which day was the best to come to the center.
<KimberlyHOST> You can learn a lot about how to use a Family History
Center and its resources online
<KimberlyHOST> azurelee - that was my next suggestion
<michaelneill> some days local "experts" on certain things will be
there...and on the LDS site be certain to read the research guides for your
state
<KimberlyHOST> You can always ask the volunteer and they'll be happy to
tell you when their "expert" volunteers will be there
<NAHostMichelle> Shall we move onto the next topic? Church records
<KimberlyHOST> Research Guides online at the FamilySearch site -> http://www.familysearch.org/Eng/Search/RG/frameset%5Frhelps.asp
<NAHostMichelle> You should learn the history of the religion(s) of your
family. Understand what records were created for congregations and determine
where the records are held today.
<azurelee> thx
<KimberlyHOST> Tips on using the Family History Library and your Local
Family History Center ->
http://genealogy.about.com/library/weekly/aa042400a.htm
<NAHostMichelle> Name two religions that practice adult baptisms.
<MicheleW> Catholic
<swannurse> Protestant
<KimberlyHOST> Transcript of a past chat with David Rencher, director of
the Family History Library -> http://genealogy.about.com/library/blchattrans-rencher.htm
<NAHostMichelle> Ahh, I snuck trick question in here for you, didn't I?
<michaelneill> Baptist....
<MicheleW> And all Catholic records of sacraments are also sent to the
church of Baptism
<swannurse> sure did all will baptise adults
<NAHostMichelle> While the Catholic and Protestant faiths accept those in
adulthood into their congregations, there are two religions that don't baptise
until the person is an adult....
<NAHostMichelle> Baptist and Methodist
<MicheleW> We just had 7 adults Baptised at Easter vigil services
<MicheleW> All other sacraments they receive- no matter where in the world
they receive them, that record also will be sent to our church
<KimberlyHOST> Mennonites practice adult baptism
<NAHostMichelle> Kim, your home state is showing. :-)
<MicheleW> Oh now that is a different question- Don't baptze Until adult-
ok IC
<MicheleW> but the point about catholic records still holds when looking
for records of a person by church
<KimberlyHOST> LOL Michelle :)
<KimberlyHOST> Yes, I'm from Pennsylvania for those of you who don't know
<KimberlyHOST> Pittsburgh, more specifically, so I hope to see some of you
at the NGS conference!
<NAHostMichelle> Depending on the faith, records created are baptisms
(Baptist & Methodist-adult), marriages, burials, communicants, and
confirmations.
<azurelee> lot of my relatives in michigan use to belong to the
congregational church
<NAHostMichelle> A book that was recommended to me... Carroll, Bret E. and
Mark C. Carnes. The Routledge Historical Atlas of Religion in America. New York:
Routledge, 2001.
<NAHostMichelle> Another resource... Humling, Virginia. U.S. Catholic
Sources: A Diocesan Research Guide. Salt Lake City, UT: Ancestry Publishing,
1998.
<michaelneill> I may be wrong, but I though Methodists baptized infants..
<swannurse> they did, now they are dedicated
<NAHostMichelle> hang on... let me ck my written notes
<swannurse> all my children were baptized but grandchildren have been
dedicated.
<michaelneill> I'm not familiar with their current practices...but seemed
to think that there at least was a time when then did it.
<NAHostMichelle> Hmmm, I have adult written in my notes along with
probationers lists
<NAHostMichelle> I'll make a note that 20thC included infant baptisms.
<michaelneill> I did a search for "infant baptism" here and there were
some references...I found online transcriptions of Meth. churches' infant
baptismal registers.
<NAHostMichelle> This is an excellent reason why we should research the
history of our ancestor's religions!
<KimberlyHOST> Here's an interesting article on the history of infant
baptism/dedication in the Methodist church
<michaelneill> However, there might have been some frontier Methodists who
didn't practice it.
<michaelneill> The Church of Christ (for a time called the Campbellites,
after Alexander Campbell) does not practice infant baptism.
<NAHostMichelle> Kim, a most interesting article. Will have to read that
more later.
<NAHostMichelle> Any questions on Church records?
<NAHostMichelle> We have four subtopics left to discuss next week
<azurelee> how do i get last weeks topics
<KimberlyHOST> Here are the remaining topics 10. Cemetery Records 11.
Periodicals, Newspapers and Manuscript Collections 12. Archives, Libraries and
Societies 13. Special Focus or Topical categories (Immigration/Naturalization,
African-American, Native American, etc) <KimberlyHOST> Last week's
transcript covers topics 1-6: 1. History & Geography (State and Local) 2. Vital
Records 3. Census Records (Federal, State and local) 4. Land Records 5. Tax
Records 6. Map, Atlases & Gazetteers
* This chat transcript was edited to remove all the "chit-chat" to make it more readable and helpful for people looking for the information that they missed.
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