Category Archives: Court House Records

Court House Records, Methodology

Leave No Stone Unturned: Read Unindexed Court Records!

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Do you have days where you want to be on the genealogy hunt, but aren’t chomping at the bit looking to answer any particular research question?

I have lulls like that and I kind of enjoy them because it gives me a chance to slow down and use the time to investigate local record sets. Two of my favorite resources are court orders and court minutes.

I’ve written in the past about the Library of Virginia Chancery Court Records that are being digitized and place online, but chancery courts are not unique to Virginia. They existed in many states from America’s earliest colonial days.

What is a chancery court? It is a county OR regional level court that heard non-criminal complaints. The OR is very important, as will be seen in a bit. In the early 1800s, most of the chancery cases involved issues like clear titles for property ownership, family squabbles and fair distribution of estates.

Those issues produce juicy records involving the FAN club – friends, neighbors, relatives and business dealings are clearly detailed in the court minutes.

I had some free time on my hands and took advantage of the chancery court records that FamilySearch has digitized (and can be viewed at home) for Roane County, Tennessee.

Here is a terrific example of time well spent!

The scenario: I’ve spent decades working on my husband’s Williams family, following them from Virginia to eastern Tennessee by 1805 and onward. I know much more about some of the those early pioneers than I do about others because of where they lived and records created during their lives.

Charles Williams, a collateral line, was a man who I knew little about. I knew who his parents were as his father Samuel left a will in 1823 in Cumberland County, Virginia. I also knew that Charles headed to Tennessee with Williams brothers and cousins and they settled in Roane County, where they are found on the 1805 tax list.

However, in 1817, Morgan County was formed from parts of Roane and Anderson Counties; part of the family lived in the section that became Morgan. Unfortunately, Morgan County is a burned county. An 1862 fire destroyed marriage and probate records along with most court session records. If land records don’t help, you are out of luck.

To add insult to injury, census records for eastern Tennessee before 1830 are lost.

Back to Charles Williams – He was born about 1775, but who he married has been lost to time. I suspected that he had children who lived to adulthood because there were a couple of Roane County marriages around 1820 that I believed could pertain to his children. No proof, though.

I also suspected that Charles became a resident of Morgan County because of the timing of its formation, but, alas, his name was not found in the Morgan County deed index. I also suspected that he died before 1830 because he wasn’t found in the census, although all of the other Williams family members were still there.

Then why was I reading Roane County chancery court records? Because there were extended family members living in Roane County all through the 19th century and I’ve had other great finds in court records elsewhere. You never know what might turn up.

Here is a transcription of what I found on FHL film #008264454, Image 123:

Decrees of March Term 1844 – Bill

To the Honorable T.L. Williams Chancellor for the Eastern division of Tennessee
The Petition of Shadrick Stephens a citizen of the county of Morgan in the state of Tennessee humbly represents to Honor that about the month of August 1825 Charles Williams departed this life in Morgan County aforesaid having first made his last will & Testament in which he appointed your petitioner and Reuben Williams his Executors. At the January sessions 1826 of the county court of said County Your Petitioner and the said Reubin Williams qualified as Executors of said will In and by said will (a copy of which is hereto appended made part of this Petition) The said Charles Williams gave to his wife Elizabeth the use of most or all his real and personal estate and at her death directed the same to be equally divided among all his children. About the 25th day of June last past the said Elizabeth Williams widow and relict of the said Charles, departed this life Intestate, The Co Executor of Petitioner who was one of the heirs died some five or six years ago leaving four children, to wit Joseph Miller, Asa Cobb, Robert, Debby, all minors except Joseph They reside in some part of Alabama and Asa Cobb their uncle is guardian of the minors. Charles Williams also left as heirs Polly who married William Cobb and both are since dead leaving their children to wit Henry, William and Francis who resided in Mississippi the last Petitioner heard of them. Charles G. Williams who is also dead and left a wife and one child in Illinois or Kentucky her name is Betsy but the name of the child Petitioner does not know. Amanda Williams Daughter of Chls Williams decd who intermarried with Joseph A. Davis a citizen of Morgan County is likewise dead & left five children to wit John, Charles, Reubin, Malinda, Susannah, all minors. Susannah Williams daughters of the said Charles decd is the wife of your petitioner William Williams resides in the state of Illinois & Malinda Williams who is intermarried with David M. Rector & resides in Warren county Kentucky making seven in all of the heirs and distributees of the said Charles Williams deceased.

At the end of the petition, a copy of the will of Charles Williams, written on 3 August 1825 is appended:

In the name of God Amen, I Charles Williams of the County of Morgan and the State of Tennessee being weak in body but of sound mind and disposing memory do constitute and order this my last Will and testiment in manner & form as follows, first calling to mind that it is appointed unto man once to die, I Give my soul to God and my flesh unto the dirt from which it came. My estate which it has pleased God to Bless me with – first item, I leave my wife Elizabeth Williams all my estate real and personal during her natural life or widowhood, with some exceptions. Item – I give my son William G. Williams a horse out of my estate worth forth dollars when he shall arrive at age of twenty one years, Also my son Charles G. Williams to have a horse worth forth (sic) dollars when he shall arrive at the age of Twenty one years. My desire is that my daughter Malinda Williams to have a horse worth forth (sic) and woman’s saddle worth Eighteen dollars as soon as convenient not exceeding twelve months – I Leave my son Reuben Williams one hundred dollars which he is to have out of my estate any time when convenient, between this and the twenty fifth day of December on thousand eight hundred & twenty nine, which hundred dollars is to be deducted of his part at the death of my wife Elizabeth Williams, my further will and desire is that at the death of my wife my Mulatto Girl charity be free from slavery, and my wish is that some of my children come her and be security for her good behavior as the law directs if her conduct merits it. My desire is that at the death of my wife Elizabeth Williams the rest & residue of my estate be equally divided amongst all my children that is to say Reuben Williams, Mary Cobb, Susannah Stephens, Amanda Davis, William Williams, Charles G. Williams and Malinda Williams. I hereby constitute & appoint my son Reuben Williams and Shadarach Stephens my Executors to this my last will and testament, in witness whereof I have hereunto set my hand and affixed my seal this third day of August 1825.

Charles Williams

Signed sealed and delivered in presence of John M. Davis & Robt. Williams

This petition adds much information to the heirs named in Charles Williams’ will:

  1. Charles died in August 1825, although court wasn’t held until January 1826.
  2. Not only were Charles’s children mentioned, but their spouses’ names are given by Shadrach Stephens.
  3. Between 1825 and March 1844, William & Mary Cobb, Reuben Williams and Charles G. Williams had all died.
  4. The surviving children of each (grandchildren of Charles Williams) are named and their place of residence given.
  5. Charles Williams’ widow, Elizabeth, died about the 25th of June 1843.

Remember to cast a wide net when you search. I wouldn’t have known that the chancery records in this time period included Morgan County (and I also saw random entries from Anderson and Blount Counties). The opening statement in the court minutes identify the Honorable T.L. Williams Chancellor for the Eastern division of Tennessee. In this time period, this chancery court moved from county to county around EASTERN TENNESSEE!

This one entry is a bonanza of information, even more so because it concerns records of Morgan County, which were lost to the 1862 fire.

One final caveat when reading court records – I frequently find that if there is an index, it is often incomplete. This volume of records does have an index, but neither the names of Charles Williams nor Shadrach Stephens are in it. I never would have found this record without reading page by page.

 

 

 

 

 

 

 

 

Court House Records

Digging Through the Court House

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It still amazes me to hear people say, “Oh, I have looked for Ancestor X everywhere and I can’t find anything about him.” When I ask exactly where he/she has looked, I invariably get the same answer – the big name websites and because nothing was found on them, there is “nothing” out there because “everything” is online.

This is much more of a newbie mistake, but I’ve heard variations of this from more seasoned researchers, too, so I decided to share my experience visiting the Barry County, Missouri courthouse way back around 1990.

Although my visit was pre-internet, my findings might as well have been yesterday because this stuff still isn’t online.

Way back when, my husband’s aunt and uncle and Dave and I all visited Barry County, Missouri, home of the black sheep 2X great grandfather, Isaac Sturgell. Dave and his uncle Dale went off to visit Branson, while Freda and I hit the courthouse in Cassville.

Barry County was formed in 1835. The first court house, built of wood, went up in 1846. The second building, of brick, was completed in 1856. The current court house, seen above, is a beautiful old stone building, erected in 1913 on the site of the 1856 court house. The records in Barry County are quite complete, with only some minor record losses due to fire and its holdings are similar to what can be found in other counties across the United States.

A major collection to be found in any county court house is that which deals with land and property records. It is this collection which most people check when looking for family records. This is also the collection which is most likely to have been filmed for public use.

However, land and property includes more than just deeds of sale. There are mortgages and quit claims. Did you know that powers of attorney were also traditionally entered into the land records? That is because if a property owner lived too far away to come in person to the court house, he/she appointed someone to represent their interests. Thus, the p.a. was filed in the land records.

There are often early entry books identifying the first settlers, plat books and early land survey books. Back in 1990, my onsite visit caused a major crack in the Sturgell brick wall that had confounded Freda and I for years. The last record of Isaac’s wife, Mary, was the 1860 census and we had assumed she died, as Isaac was remarried in 1870. The Recorder of Deeds had an index covering the latter years of the 19th century, which we hadn’t seen before. In it, we found an entry for “Mary Cookman” aka “Mary Sturgell,” regarding a quit claim filed in Peoria County, Illinois in 1883. It turned out that Mary left Isaac, took the daughters and moved near where her siblings had settled. In a split second, we had an entirely new area in which to hunt for Sturgells.

Depending on the time period when your ancestor settled in a given place, the land surveys, entry books and plat books might give you not only records tied into your own family, but will give you the FAN club – friends, associates and neighbors. Remember, families didn’t often travel alone – it was too dangerous. They migrated from place to place with their FAN clubs. These books often contain diagrams that include natural landmarks like creeks, rivers and mountains, that are still viable today to identify exactly where your ancestor lived. These books are especially valuable if your family lived in a metes and bounds land system – e.g. Beginning at the old oak tree at the corner of Jones and Williams, 50 rods northeasterly. . . . .” With the public land survey system states, these books are still of interest, but perhaps not as essential.

What else is to be found in the court house? Lots! Vital records were recorded at the court house (outside of New England, where town clerks performed this service), although in the early years, these records only included marriages.

Yes, many marriage returns have been microfilmed, but did you know that the county clerk often kept the applications for marriage licenses? Often times, those applications were overlooked or not deemed important enough when filming was done. The applications often have way more detail on them than the actual license.

The Barry County court house has some naturalization records mixed among the land deeds and from experience, I know that happened in other places, too. Naturalizations are fabulous records and very few places have digitized and put them online.

Another item found in Barry County, which I haven’t seen elsewhere is military records. Barry County keeps a copy of U.S. armed forces discharge papers! Do you remember the huge fire at NARA in St. Louis in 1973? If you have family who served in the military during the 20th century, their records might be gone. It has been estimated that 80% of the U.S. Army records from 1912-1960 (both World Wars and Korea) burned and 75% of the Air Force records from 1947-1967 (Korea and Vietnam) are also gone. However, if your family lived in Barry County, the county clerk might be able to provide a copy of your family member’s discharge papers! These records have NOT been digitized to my knowledge.

Another gem of a record that I found in Barry County was a divorce packet that I don’t think anyone had looked at since it was filed in 1876.

Susan Alberty Divorce
Susan Douthit Alberty Sturgell

Isaac Sturgell’s second wife, Susan Alberty Douthit, divorced him in the mid 1870s, accusing him of squandering her first husband’s estate, not providing food for her and their children and for bringing loose women to stay in their home! The note above acknowledges that she received the gray mare from Isaac as a settlement. These records are only accessible by a visit to Cassville.

Probate records are also housed at the county court house. This collection includes many items besides wills. There are administrators’ and executors’ letters of administration, bonds that were posted, inventories, appraisements, sales and settlement records.  There are also guardians’ records, which often continue for a number of years, depending on the age of children involved. Probate files are probably the second most common set of records digitized, but often only partial collections are included in the filming/digitization process.

If all these records weren’t enough, there is more! There are court minutes, civil and criminal records, tax records, adoption records (often closed) and TAX records, which are also fabulous. Tax records have been filmed in some places – notably Kentucky counties, as I’ve used those – but they are much less common than I would expect, given how valuable they can be in research.

Voter registration records are also found at the county level, as are many records of the road system in the county. By the way, these road records often mention those who lived along them:

SturgisAThomasPublicRoadWorks
Sturgis A. Thomas

Sturgis Thomas’s record happens to be published, but most data like this remains hidden in the court house.

Last, but certainly not least, there is a genea-gem of a category to be found in many court houses – the “loose records.” Those are the records that were never thrown out, but not filed and recorded either. Perhaps a fee was never paid or a signature was missing or whatever. It was in these loose records found in Roane County, Tennessee that the will of Charles Williams of Morgan County, who died in 1825, was found. This is really important because Morgan County lost its records in 1862. Charles lived in Roane County before Morgan was split off in 1819 and I think maybe some of his land might have been in Roane County. However, the will was never officially recorded and was discovered by local historians in a box full of old papers – old, but valuable!

When you start checking county records for your family, make sure you actually check online or by phone with a clerk. Find out what is still housed in that court house, what is known to be lost and then determine which records do not appear to ever have been filmed or digitized. You won’t be sorry!