Courthouse Research: Position Yourself for Success

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Courthouse Records: Position
Yourself for Success
Bryan L. Mulcahy
Fort Myers Regional Library
(239) 533-4626
Bmulcahy@leegov.com
Intimidation Factor
Most Common Intimidation Issues
1.
2.
3.
4.
Legal jargon
Attitude of staff
Everything is online
LDS has microfilmed and/or digitized
everything
5. My family was “dirt poor”
6. Courthouse fires destroyed records
7. Too many jurisdictions (city, township, parish,
state, federal, agencies, military, etc.)
Historical Significance
1. Where all legal matters or transactions
impacting daily lives were conducted.
2. Examples included:
a. Recording of property and land ownership
b. Deeds
c. Bills-of-sale
d. Leases
e. Personal or business contracts
f. Marriage applications and licenses
g. Adoptions and guardianship matters
h. Civil and criminal trials/disputes
Historical Significance
1. From a historical perspective, the concept of
ownership of personal property was what
separated American from the rest of the world.
2. What constituted personal property has changed
overtime.
3. From a historical perspective, personal property
could have meant any of the following items:
a. Real estate
f. Women and children
b. Slaves
g. Currency
c. Farm equipment
h. Sailing vessels/ships
d. Tools
i. Household items
e. Machinery
j. Animals (usually work
related)
Court Records of Most Genealogical
Research Value
1. Vital Records (Birth, Marriage, Death,
Divorce)
2. Health and Disease Outbreaks
3. Wills and Probate Estate Settlement
Packets
4. Deeds and Mortgages
5. Plat Books and Surveys
6. Taxes (Personal Property, Business, and
Land)
7. Business and Professional Licenses
Court Records of Most Genealogical
Research Value
8. Bounty Land Grants
9. Military Discharges
10.Livestock Marks
11.Voter Registrations
12. Naturalizations
13.Civil and Criminal Court Dockets
14.Trial Transcripts and Court Reports
Birth Record-1905
Marriage Certificate – Russia 1907
Marriage Certificate – Pennsylvania
1924
Death Certificate-New York 1923
Disease Outbreak - 1914
1918 Flu Pandemic – New Jersey
Will of John Britten of High Littleton
dated 10th July 1656
Anthony Family Estate Settlement
Catawba Co. North Carolina 1847
Deed for Plot at Saegertown
Cemetery, Saegertown, PA-1860
Dueling and Law Licensing in 1853Texas
Land Grant – Texas 1838
Bounty Land Grants
The “Bible” of Research for Land Grants:
Columbia Township, Hamilton County,
Ohio, Ear Marks (Livestock), 1791-1820
Minnesota Naturalization Court
Record
Advantages
1. Establish family relationships .
2. Places of residence.
3. Provide occupation, education, financial , &
personal descriptions/profiles of individuals.
4. Identify family members and associates
that may be sources for additional info.
5. Court systems exist at multiple levels of
political jurisdiction.
6. Many government agencies and the
military have their own court systems and
records.
Internet Access
1. All courthouses have websites.
2. Supplement what is found in print sources by
visiting websites prior to your visit.
3. Websites provide the following information:
a. What records are available onsite versus offsite?
b. Current hours of operation to the general public.
c. Application forms and ordering information for
vital records, drivers licenses, passports,
occupations, social security, identity, etc.
d. Guidelines for access (public records are not
automatically available).
e. Fees for research services, copies, etc.
f. Listing of alternative sources of research
assistance if staff is unable to assist.
Internet Access
4. Most major courthouse records of interest
(deeds, wills, court records) have been
microfilmed by the Family History Library.
5. Available for loan through Family Search.
6. Available online in varying degrees from
online sources such as Family Search,
Ancestry.com, Ancestry Library Edition,
Fold3, etc.
Cuyahoga County (Cleveland), Ohio
Records Availability
1. Some researchers assume that all historical
courthouse records have been microfilmed and
digitized by the Family History Library and are
available online.
2. Reality: not all courthouse records were made
available for research and microfilming.
3. Records that were made available tended to be
those covering the time period prior to 1920.
4. Post 1920 records are usually still under
privacy or other statutory guidelines.
5. Researchers must deal directly with the
courthouse for access.
Records Availability
6. While copies of some vital records, by law after the early 1900s,
were also sent to the various state archives, there are no
guarantees.
7. There are over 3,000 counties located in the 50 states.
8. Counties, townships, municipalities, and cities are all
subdivisions of the state.
9. Boundaries of counties, districts, and townships, as well as
officials, court structures, and record-keeping procedures are all
determined by the state.
10. There will be some unique peculiarities, but the general policies
will apply to all counties within the state.
11. If you learn how to do research in one state, you can follow the
same basic procedures in another.
Courthouse Fires
1. Most were made of wood prior to the early 1920s.
2. Common stereotypes may identify this problem
with the South and the Civil War, but it was a
frequent occurrence throughout the country.
3. In spite of these issues, never give up.
4. Since records were compiled by hand, the various
books were frequently in locations other than the
courthouse.
5. Records could be reconstructed after the fact as
people died or became involved in litigation.
6. Was especially true of probate, property, and tax
records.
In-Person Visits to Courthouses
1. Check your local library, Family History Center, or state
archives for a publication containing an inventory of
microfilmed or published list of county courthouse
records for the state and county.
2. Check to see if the state in question has an historical
commission. If so, request a listing of county historians.
3. Check published print sources for an overview of
courthouse holdings.
4. If the county in question has a designated individual, they
could save you a significant amount of work.
5. Contact the local genealogical or historical society (Discuss
what your research goals and objectives).
6. Check the courthouse website.
In-Person Visits to Courthouses
7. In many courthouses space is at a premium. The records
you need may be scattered throughout multiple offices
and locations.
8. Wear comfortable or “throw-away” clothing.
9. Courthouses house multiple record types. The first
priority should be locating whichever section handles
the recording and registration of deeds.
10. Regardless of what disasters have occurred, deeds and
related land records usually survive when almost
everything else is destroyed.
11. These were the main cash-generating records used by
the county for taxing purposes.
12. Have a plan prior to your visit.
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