Oklahoma
Genealogical Society
Research
in Probate Records
From Oklahoma Genealogical Society
Quarterly Vol. 9, No. 3, September 1964
Transcribed to Electronic form by Jo White
(Notes by Mrs. Edith S. Smith, OGS Member)
When we think of probate records we automatically think
of a will. Wills are very valuable to
us but there are so many other probate records to look for that have equal and
in some cases much more value. It
depends on what our particular problem is – for instance: If you had reason to believe there was a
change of the name you were working on—
Here is where
an Order of the Court, proved to be the most valuable. The need was the children of Jacob Smith of
Washington County, Indiana. The court
records show there was a law suit (sic) over the estate dated 30 March
1835. “Be it remembered that Elijah
Smith, Jacob Smith, Allen Smith, Elizabeth Snodgrass, late Elizabeth Smith,
widow of Alexander Snodgrass, Mary Barrett, wife of Luke Barrett, late Mary
Smith and Susanah Smith, wife of Joseph Smith, prove in open court to the
satisfaction of the court by the testimony adduced that they are the only
children and heirs at law of the Jacob Smith late of said County, deceased a
revolutionary pensioner of the United States, that the said Jacob Smith
departed this life on the third day of February, 1835, leaving no widow.”
This document
not only gave the children’s names; but gave the names of the ones they had
married, and that Jacob had been in military service. The will, in this case, would have been of much less value.
Another
document you may watch for, if you are doing research yourself is a Memorandum
of Agreement, Stipulation and Conveyance.
This is in (lieu? J.W.) of the will being questioned and the parties
were able to make an agreement to settle without a legal contest of the
will. This document was filed by a
legal heir, stating only that he was a legal heir and the next of kin to the
deceased. The will states only, “This
is my last will. I give all my property
on my death to John Doe who has cared for me in my last years.” It was signed.
Now take the petition
of this same probate and you would assume there were no living relatives, but
with further searching you find the Memorandum that there is a living
relative – but who is he? (T)he
relationship is not given but you do
have something to work on if you find a situation such as this in your own
research. A petition should always give
the names and addresses of all the legal heirs; and if minors or adults, many
give the ages. All give the death date.
In many
instances, the Administrator has to file a bond and that is very helpful if you
cannot find anything else.
Always ask if
there has been an estate probated or the appointment of an administrator or a
determination of death for your subject.
This brings more results sometimes than to ask only – “Is there a will
for John Doe?”
If the
property was (sic) owned jointly, the petition for determination of death would
be what you would need.
When the
probate case is closed, there is a final account which also gives the heirs and
how the property has been distributed; but if a large estate, copies would be
quite expensive.
When writing,
address your letter to the Clerk of the Probate Court, County Court Building,
the name of the county seat town and state.
Always check first to see if a given county you are writing to was in
existence at the date you are asking for the search to be made. If not, what was the county a part of at the
time of the subjects’ death? Keep in
mind each letter you write costs [postage] – the initial stamp, the stamped
self addressed envelope, and a stamp for a thank you letter – if one is
sent. There are two books (in print)
that are a “must” for you to find the county seats and count organization
dates: The Handy Genealogist, George B. Everton, and Research in American
Genealogy, E. Kay Kirkham. They are
available locally from F. Conover Jacobson, Oklahoma City, Oklahoma.
ESTATE RECORDS
for Future Research
Administrators
and Executors are required to maintain their files on estates for a specific
period of time following settlement or the last payment of taxes despite an
approved “final account and release – if for no other purpose than to be able
to meet future inquiry for tax purposes.
Perhaps an administrator or executor still has “estate papers”
meaningful to you or your heirs that he no longer needs to keep – you might
inquire and be able to obtain copies of the records your grandchildren will be
buying when they become researchers – many will have original signatures. (Editor)
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