New England Land, Probate and Tax Records

Syllabus for class taught by Marilyn Markham, US and Canada Research Consultant, Family History Library, presented at the BYU 2010 Conference on Computerized Family History & Genealogy.

The New England Region
The New England region contains the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.

WHAT WE WILL LEARN TODAY

 * Why probate, land, and tax records are important
 * Types of records
 * How to find the records
 * Finding aids for boundaries

PROBATE, LAND, AND TAX RECORDS

 * Probate and land records begin as soon as settlers move into an area
 * Land and tax include most men up to the 1860s
 * These records include women
 * The older the record, the more genealogical information it will likely contain

WHAT ARE PROBATE RECORDS

 * Records relating to the disposition of an estate after its owner’s death
 * “Probate a will” means to officially prove that the will is genuine
 * Testate means there is a will
 * Intestate means there is no will

HISTORY OF PROBATE RECORDS

 * Wills were made beginning with the first permanent settlement
 * Wills designate distribution of land and property
 * Anyone could make a will but was usually of legal age

TYPES OF PROBATE RECORDS

 * Wills
 * Administrations
 * Letters of Administration or Letters Testamentary
 * Inventories
 * Petitions
 * Final Settlements
 * Distributions
 * Sales
 * Probate packets
 * Other

WHAT DO WILLS CONTAIN?

 * Name of the deceased
 * Name of executor who is often a spouse, relative, or close friend
 * Approximate date of death
 * Names of witnesses—often relatives or neighbors
 * Names of family members - More family relationships than in other court records
 * May include place of residence or description of land

LIMITATIONS OF WILLS

 * Wife’s first name only is given. Not required to name wife. Wife mentioned may not be the mother of the children
 * Not all next of kin are mentioned
 * No exact death date
 * No place of residence of next of kin
 * Date of will is not always near death date. Date of probate is closer to death date
 * Indexed by name of deceased, not heirs

INTESTATE—NON-WILL PROBATE RECORDS

 * Administrations. Name of deceased. Name of administrator—often a relative. Later records may give death date.
 * Inventories. Value of estate. Hints about occupation and education. Relatives and friends may buy property.
 * Accounts. Accounting of property and debts
 * Petitions. Appointment of administrator. Contesting wills.
 * Dower Rights. Widow’s rights to husband’s estate
 * Settlements and Distributions. List all those receiving property (Surviving children, grandchildren if their parent is deceased)
 * Guardianships. Names of parents. Death date of parents. Names and ages of children. Guardian appointed for minor child or dependent adult. Natural parent may be appointed guardian. Guardian appointed may not be surviving parent

FINDING PROBATE RECORDS IN THE FAMILY HISTORY LIBRARY CATALOG
Place Search:
 * By town - Rhode Island
 * By probate district - Connecticut, Vermont
 * By county - Maine, Massachusetts, New Hampshire

LAND RECORDS—WHY SEARCH THEM?

 * Majority of adult males can be found in them
 * Exist from beginning of settlement
 * Contain clues: Where and when a person lived in the area. When he moved into or out of the area (Sometimes previous and subsequent residences). Wife’s name listed when property was sold. Property distributed through deeds instead of wills. (Relationships sometimes given or inferred.) May show: Whether he served in the military; Names of spouse, heirs, other relatives, and neighbors.
 * Births, marriages, and deaths may be listed

IMPORTANCE OF LAND RECORDS

 * Land was equal to wealth
 * Assured a person’s right to the property
 * Marriage records assured a wife’s right to property or dower
 * Probate records assured land was given according to person’s wishes rather than law
 * Court records show disputes over land

TYPES OF LAND RECORDS

 * Government (Crown) to Person/Proprietors—issued by town charters and were usually six miles square. Colony lands; Bounty lands for military service; State land (most given out by 1776).
 * Person to Person: Proprietor’s records—early to the 1800s; Deeds—early to present

MILITARY BOUNTY LAND
Connecticut
 * Did not give lands for military service, but gave to those whose property was destroyed. Towns destroyed by British were: Danbury, East Haven, Fairfield, Greenwich, Groton, New Haven, New London, Norwalk (from Federal Land Series, FHL book 973 R23s)
 * Records usually found in town deed books
 * Ohio Bounty Lands: Connecticut Western Reserve, opened 1786; Firelands, opened 1792; Records in Connecticut town deeds

Massachusetts and Maine
 * Bounty lands were in Maine, mostly in Penobscot and Washington Counties
 * Revolutionary War Veteran’s Land Records. On 12 FHL films, 10249–10260
 * Names of Soldiers of the American Revolution, Who Applied for State Bounty, by Charles House (FHL book 974.1 M2n)

No Bounty Lands
 * New Hampshire
 * Rhode Island
 * Vermont

STATE LANDS
Connecticut
 * Most lands distributed to proprietors before Revolutionary War
 * Remaining land distributed by towns
 * Have to know the name of the town
 * No statewide index

Maine
 * Land was owned and controlled by Massachusetts until 1819
 * 1820–1853—Massachusetts had right to dispense half of remaining state land
 * 1853—Maine purchased remaining land rights from Massachusetts
 * Check Maine county land records. York County for earliest deeds
 * Check Massachusetts state land records

Massachusetts
 * Most state lands distributed before Revolution
 * Remaining lands distributed by towns
 * Districts within counties recorded land deeds—Berkshire, Bristol, Essex, Middlesex, Worcester
 * Check town and county records

New Hampshire
 * Few state lands after Revolution
 * After Revolution, land disbursed by county. Check county and town land records

Rhode Island
 * Boundary with Massachusetts changed frequently
 * Earliest records called land evidences
 * General Assembly sold land to Proprietors
 * Check town land records

Vermont
 * Before 1777, land disbursed by New York and New Hampshire
 * After 1777 towns granted land. Check town land records

LAND RECORDS INDEXES

 * Land records are almost all indexed
 * Types of indexes. Grantor=seller; Grantee=buyer; Sometimes only alphabetical by first letter of surname, then by date

FINDING LAND RECORDS IN FAMILY HISTORY LIBRARY CATALOG
By county
 * Maine
 * Massachusetts
 * New Hampshire

By town
 * Connecticut
 * Rhode Island
 * Vermont

Other
 * Town—Deeds and proprietors’ records
 * County—Deeds and proprietors’ records
 * State—proprietors’ records

METES AND BOUNDS

 * Used exclusively before Land Act of 1785
 * Boundary lines and limits of a piece of land. Measurements and markers
 * Defined by natural or artificial boundaries such as trees, roads, rivers, etc. Used a series of straight lines to measure from point to point
 * Directions recorded on a compass—North, South, East, and West
 * Distances measured by various units such as chains, rods, poles, perches, etc.

Internet software for Platting Deeds in Metes and Bounds (free)

VITAL RECORDS IN DEEDS

 * Birth, marriage, and death information
 * Sometimes have family groups with marriage information for parents and births of children. May give death dates
 * Does not mean family were all born or married in that town or county
 * Check when land was first bought or sold in the town to determine who was born there

TAX RECORDS

 * Can be used in place of missing census and land records
 * More valuable over several years
 * Vary in content but may include: Name; Residence; Description of real estate and personal property; Number of adult males, school children, and animals; Number of acres of land
 * Indicate when a man: Reached the age of adulthood; Poll=person free to vote and over age 21; Moved into and out of an area; Died (wife is named instead)
 * Indicate when a woman: Became a widow; Remarried

FINDING TAX RECORDS IN THE FAMILY HISTORY LIBRARY CATALOG

 * Place Search under the name of the town: Topic; Taxation; Town records

OTHER RECORD TYPES IN NEW ENGLAND

 * Vital records
 * Town records
 * Church records
 * Collections
 * Genealogical Dictionaries
 * Census—state and federal
 * Cemetery records
 * Town histories
 * Military records
 * Periodicals
 * Passenger lists
 * Naturalizations

JURISDICTIONS

 * Connecticut: Vital-town; Probate-district; Land-town
 * Maine: Vital-town; Probate-county; Land-county
 * Massachusetts: Vital-town; Probate-county; Land-county
 * New Hampshire: Vital-town; Probate-county; Land-county
 * Rhode Island: Vital-town; Probate-town; Land-town
 * Vermont: Vital-town; Probate-district; Land-town

FINDING PLACES

 * Omni Gazetteer (FHL book 973 E5o)
 * http://maps.google.com/maps
 * www.mapquest.com

BOUNDARY CHANGES
States and county borders changed. To determine boundary changes see:
 * Handybook for Genealogists (FHL book 973 D27e)
 * The Red Book (FHL book 973 D27rb)
 * Map Guide to the U.S. Federal Censuses 1790–1920 (FHL book 973 X2th)
 * Genealogist’s Handbook for New England Research (FHL book 974 D27g 1999)
 * Animap (On Family History Library computers under Databases)
 * Histories of states, counties, and town

INTERNET

 * FamilySearch at www.familysearch.org (Record Search Pilot; Family History Library Catalog; International Genealogical Index; Research Wiki)
 * Vital Rec at www.vitalrec.com (Addresses of state, county, and town record offices
 * New England Genealogical and Historical Society at www.newenglandancestors.org
 * Ancestry at www.ancestry.com
 * Linkpendium at www.linkpendium.com
 * Access Genealogy at www.accessgenealogy.com
 * Google Books at http://books.google.com
 * Heritage Quest at www.heritagequestonline.com
 * Genealogy Tools at http://genealogytools.net/deeds
 * Animap at www.familyhistory101.com/map_county.html

SOCIETIES, ARCHIVES, AND LIBRARIES

 * Genealogical and Historical Societies
 * New England Historical and Genealogical Society (see above)
 * State genealogical and historical societies, http://www.examiner.com/examiner/x-9553-Boston-Genealogy-Examiner~y2009m9d25-New-England-genealogy-101-historical-and-genealogical-societies
 * National Archives
 * State Archives
 * Church Archives
 * Public Libraries, www.publiclibraries.com
 * Historians—Town or County

REMEMBER

 * Probate records are the best source for showing relationships
 * Land records show land ownership and movement of residents
 * Tax records show residence and are a good substitute for other records
 * All may contain valuable clues on ancestors