Common Pleas Court/Clerk of Courts
In 1852, the Probate Division of Common Pleas Court became a separate entity. Prior to that date,
the Probate records may still be filed under the jurisdiction of Common Pleas Court, although most
counties have separated the records. Many of them, in certain categories, will only be found in
Common Pleas Court.
Court Journals
Sometimes called Minutes, these contain a variety of records, some of which are (1) guardianships; (2) wills (although usually not the complete will, there will be a notice that the will was presented for provate and may name the executors); (3) intestate estates (may name the administrators, and can be very importantwhen probate records are incomplete); (4) naturalization records and declarations of Intention before 1852 (after 1852, in Probate Court); (5) depositions of soldiers of the Revolutionary War and/or War of 1812, or their widows or heirs, for pension/bounty lands (sometimes these certify the death of a pensioner), (6) tavern and ferry licenses; (7) insolvencies, and (8) debts.
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Records found in this series include (1) partition suits (including a description of the land involved, the name of the deceased, the widow and heirs; sometimes the date of death is given and specific relationship of heirs, with their place of residence); (2) petition to sell land to pay debts usually includes the same type of data found in partition suits; (3) petition to complete real contracts, generally the same as above; (4) damage suits of civil cases such as debts, slander suits, or foreclosure of mortgage (sometimes containing a surprising amount of data); (5) divorce records.
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Supreme Court Records
Contain mainly appeals in various cases, and also contain divorce records.
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Appearance Dockets
Serve as an index to the preceding types of records, and are especially useful when books are not individually indexed. They often give a small amount of information, indicating the type of case involved.
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Civil Index, Direct or Reverse
Serves as an index to various types of Civil records, such as adoptions, actions for money, action to take children from parents, insanity, etc. These may be found in Probate Court or Common Pleas Court, or both, with one set indexing the plaintiff(s) while the other indexes the defendant(s). When both types exist, be sure to check and cross-reference both sets.
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Final Record
Some large counties (such as Mahoning and Franklin) have a series entitled "Final Records" which usually refered to Probate Court matters. This may cover a complete record of a Chancery suit when Chancery or partition records are not extant.
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Cattle markings, giving names of owner and a drawing used to identify his cattle (sometimes also found in township records); record of Justices of the Peace and Mayors (usually with town or township where elected); sometimes a volume of census records, although these are rare finds in courthouse records.
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Divorces
These still come under the jurisdiction of Common Pleas Court, and in many counties are recorded in separate volumes. They may be indexed in the General Index, if one exists. A few counties keep separate packets of papers relating to each case. Early divorce records may be found in Supreme Court records in the county.
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Wills
Many counties began keeping separate Will Books around 1840-1850. Usually there is not a comprehensive index to these will books, but there may be an index in each volume (usually). Many people make the mistake of taking the docket number and page to find a will, but in so doing, they have skipped a step. The docket (which may be called Administration Docket or Appearance Docket) will generally tell the volume and page number in the Will book, as well as citing reference to other actions which were recorded in the case. In counties where the original probate packets may be used (such as in Scioto County), the original will is generally found there. If it is missing, or if it is before the use of will books, the docket must be used to find out where it was recorded, generally Probate Journals or Common Pleas Journals. The researcher should be aware that not all heirs may be named in a will, so it is a good idea to check through the other papers in the estate to locate additional heirs.
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Intestate Cases
Estate packets of papers relating to an intestate case (without a will) are generally filed by case number in file cabinets. The packets should contain all of the papers relating to the settlement of the estate. The first action would usually be the naming of an administrator to handle the affairs. A bond may be posted, with the bondsmen very often being relatives. Appraisers are named next, to appraise the personal property by means of an inventory. Watch these actions to see if goods are "set off" for the use of the widow and minor children. The next action would be the sale of personal property, often called a vendue. The clerk of the sale would record the name of each purchaser and list what item was bought. These lists are very important, since relatives and heirs often buy items at the sale. The administrator must give one or more accountings, which show claims against the estate, monies due the estate, and payments made to heirs, after all debts have been satisfied. Many times, the final settlement is not made until after the death of the widow, some years later. There may be two sales held several years apart, which would give a clue that the widow had died. Sometimes tax receipts are found in the packet, leading to further research in deed records
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Guardianships
A guardianship for minor children was established when either one or both parents are deceased, or if minor children are heirs to a grandparent's estate. In both cases, the names and ages of the minors are given, along with a statement of the relationship. A mature person who is unable to handle his own affairs may require a guardian. The system varies from county to county, and may be found in an index to file, or in a separate guardian's index. Some counties keep the files in numbered cases, while others may be found in Will or Probate Books. Sometimes the ages are not found in the packet, but may be found in the Journal entry relating to the case. These may be located by using the Dockets, as listed in the Index.
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Ministers Licenses
A minister was required to apply to the county court for a license to perform marriages. The information usually found is: name, denomination, county and date where original license was issued, and date of present license. They are usually recorded in separate books in Probate Court, although sometimes they are found with early marriges, or in deed records, or Common Pleas records.
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Adoptions
In Ohio, adoption records are generally restricted in access. Very few counties will allow access to these records. Reference to them may be found recorded in Miscellaneous Civil Dockets, or in books entitled "Adoption Records." Very few formal adoptions were performed in early years, and usually no record exists.
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Naturalizations
Naturalization records (after 1852) are found in the Probate Court. Before 1852, they will be found in the Clerk of Common Pleas office with various volumes entitled Declarations of Intent or Naturalization Records. (Names vary from county to county but are generally similarly titled.) The fact that naturalization could be performed in any court of record makes it difficult to find these in one central location. They are generally disappointing to the genealogist, as parents and exact place of origin are not often given.
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