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By DONNA MURRAY ALLEN
© St. Petersburg Times, published September 30, 2000
Wills and their offspring, probate records, are considered definitive documents for establishing family ties. Wills are the legal means by which people recount their last wishes. Probate records reflect how the property was actually distributed -- or not. This week's column focuses on the will.
When a person dies leaving property but no will (intestate), the court usually appoints an administrator to handle the estate. If there is a will (testate), the person named as executor in the document manages the affairs. Executors and administrators, as well as the witnesses to the signing, tend to be relatives or close friends. Either way, the legal proceedings are filed in the county of residence.
Sometimes, though, an estate is not sufficient to warrant a will or administration, and, in earlier times, family members may have settled estates informally. In such cases, there may not be official documentation. Occasionally the holdings are substantial, but inexplicably no legal records exist.
Much can be learned from wills. They're great for revealing family dynamics. Who's in, who's out and who got theirs in advance are generally spelled out. Burial instructions, religious affiliations and charitable interests are often included:
... my son Henry has already received his full share out of my whole estate, real, personal and mixed, and therefore he is to receive nothing more. ...
-- Jacob Snyder, #1 of 1847, Milford Township, Somerset County, Pa.
Certain circumstances or restrictions may be dictated:
... all above is conditioned that the said Eliza A. Growall shall keep and care for her father the said DeWalt Snyder, during his natural life free of charge. ...
-- DeWalt Snyder, #96 of 1906, Black Township, Somerset County, Pa.
Thoughtful husbands provided for their wives in their wills because women's property rights were severely limited until the mid to late 19th century. Although women were by law entitled to the minimum "widow's third" or dower, some found themselves destitute and dependent upon their children. In other words, the homestead got sold out from under them:
... First, I give and bequeath Susanna Margret, my beloved wife, one thirds part of my whole estate, personal, moveable and immove-able. ...
-- Theobald Snyder, York County, Pa. 1785
Three cheers for Theobald for using his wife's given name. The use of only "beloved wife" is irritatingly common in older documents, leaving researchers to ponder her name.
Wills offer proof of kinship. The person's spouse and children usually are named. Often, when children are deceased, their shares go to their progeny; thus, you get the bonus of discovering more family connections.
Where minor children are involved, guardianship papers are sure to follow. Guardians may be relatives or close friends. Check Orphan Court records for them.
Marriage information, particularly for older daughters, takes the guesswork out of those relationships. Jacob Snyder's references to his daughters in his will confirms their unions:
... Catherine, intermarried with George Phillippi, Hette, intermarried with George Fritz, Rachel, intermarried with William Arthur, and Helena intermarried with Samuel Infield. ...
The county of residence is the repository for virtually all wills, administrations and probate and guardianship records. If you know the locale and that the will was filed before 1900, you should have no trouble getting the documents even if you don't know the precise date of death because most counties keep a surname index for older wills. However, obtaining later documents may require more precise data.
In any case, dash off a brief letter to the registrar of wills at the county courthouse and ask if the person's will is on file. Even if your county calls it something different, using that term will get your letter where you want it to go.
Figure on spending from 50 cents to a dollar a page plus the cost of mailing. Wills generally run two to three pages. You may enclose a check for a few dollars, made payable to that county, or ask the staff to send you an invoice.
Not sure where to write? Check out the Handy Book for Genealogists, published by Everton, and The Red Book: American State, County & Town Sources, published by Ancestry. In addition to being excellent references for county courthouse addresses, they include other essential information, such as the dates of county boundary changes, or log on to http://vitalrec.com/index.html.
Next: probate records.
- Donna Murray Allen welcomes your questions about genealogy and will respond to those of general interest in future columns. Sorry, she can't take phone calls, but you can write to her c/o Home & Garden, St. Petersburg Times, P.O. Box 1121, St. Petersburg, FL 33731, or e-mail her at rootscolumn@aol.com.