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Research In Court Records – Ages of Legal Action in Courts

June 18th, 2009 GenMaster No comments

I know many times I have found myself trying to figure out one of my ancestors birth date, especially before 1850 when census records only listed age ranges for everyone. Well I have a list here to help find out at least when someone was born before.

For example, I am looking for a birth date for John Doe. The earliest record I show for him is in 1780 as a witness on a court document. Well I use my little chart here and see that males needed to be 14 to legally witness a document. So I can at least determine that John Doe was born before 1766 (1780 – 14 = 1766).

This chart has helped me many times in the past and I hope you can use it as well.

Legal Action Legal Age Exceptions/Comments
Inherit From birth An unborn child can also inherit
Be enumerated in census From birth Usually heads of household only until 1850
Witness documents 14 (male);
12 (female)
The age of discretion under the common law was 14 (males) and 12 (females). Some exceptions are listed below
Attend school 5 Some schools accepted 3-year-olds
Testify in court 14 (male);
12 (female)
Choose guardian 14 (male);
12 (female)
Must be 21 in New York. No choice until age of discretion; then, if guardian ppointed by court is unacceptable, can select another subject to court approval
Serve as apprentice 14 (male);
12 (female)
Standard term was to 21 (male), 18 (female), or time of marriage. If apprenticed before age of discretion, bound only to ages 14/12. Must have written deed which allowed for apprentice’s content, except for orphans on the public charge
Show land to processioners 14 (male);
12 (female)
Males only; southern states. (Procession means to walk around the boundary lines of local property owners.)
Be punished for crime 14 (male);
12 (female)
Some general exceptions before 1860. Complicated changes in the 20th century
Sign contracts 14 (male);
12 (female)
May be required to confirm contract after arriving at majority
Act as executor 14 (male);
12 (female)
Usually administrator with will annexed so the court had some controls. Age 17 in Massachusetts, Rhode Island, Missouri; age 18 in Mississippi. Bondsman who could act as co-executor required in Vermont
Bequeath personal property by will 14 (male);
12 (female)
Age 18 in Connecticut, Massachusetts, Virginia; age 18 (male) and 16 (female) in New York; age 21 in Vermont. Property may be held in custody of court pending review
Marry 14 (male);
12 (female)
Parental consent required in most states until age 21(male) and 18 (female). Married child not subject to control of parents, could remarry on death of spouse without consent if underage. Age 18 (male) and 14 (female) in Mississippi, Ohio, Indiana; age 18 (male) and 15 (female) in Minnesota; age 17 (male) and 14 (female) in Illinois; age 16 (male) and 14 (female) in Iowa. Marriage is valid without parental consent, but officiator could be fined. Annulment or Divorce only way to void the marriage
Be taxed 16 Males only were counted; females appear as “heirs of . . . ”
Muster into militia 16 Males only
Procession land 16 Procession means to walk around the boundary lines of local property owners
Take possession of land holdings 16 “In possession of” on tax rolls signifies that the person named is at least 16
Practice trade 18 Some cities licensed tradesmen to practice their Profession/occupation at age 18
Release of guardian 21 (male);
18 (female)
Own land 21 Some states allowed females these rights at age 18
Devise land by will 21
Be taxed 21 Full poll responsibility unless exempt
Plead or sue in court 21
Be naturalized 21 After meeting residence requirements
Fill public office 21 Age 25 or older required for some offices
Serve on jury 21 Grand jury, petit jury, coroner’s jury
Vote 21 Linked to 21 as age of land ownership, a prerequisite
to voting in colonies

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Tips – Substitute for Missing Marraige Records

June 9th, 2009 GenMaster No comments

So, you go to the courthouse to get a copy of a simple marriage record….. and you are hit with the fact that the courthouse was destroyed at some point in the past. What are you to do?

Well old Newspapers are a good option but unless you are in a major city, actual copies can be spotty at best. Well here is a great option that is often overlooked…. DIVORCE RECORDS!

Divorce Records are a great substitute for a missing marriage record. Divorce records were not always filed in the local courthouse. Courthouse filings didn’t start until later years in most states. Divorces that occurred early in a states history were recorded in published journals of the statehouse or senate. The marriage date and place were often part of the divorce record.were not

Sometimes the divorce was never finalized for whatever reason. In those cases a petition may have survived. Petitions far outnumber divorces granted. Some divorces were appealed to a higher court such as  a Superior or Supreme Court. So look there as well.

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Tips – Court Records 06/05/2009

June 5th, 2009 GenMaster No comments

In the 18th or 19th century, if a man died and left a young widow, that widow probobly would have asked that her father of brother to be named administator of the estate. This was a common practice, and for the regular  genealogist, this appointment is a wonderful clue to the young widows maiden name.

Case in point is my ancestor Christopher Brooks. Christopher Brooks married a Susanna Williams shortly before 1780 in North Carolina or Virginia. Thier marraige records did not show up in Caswell County, NC so at the time I did not know Susanna maiden name. I looked and found administration papers for Christopher Brooks and is stated Susann’s father, Henry Williams, was administrator of the estate.

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GRRRRR! Authorities say arson caused fire at SC courthouse

August 5th, 2008 GenMaster No comments

This burns me up that some idiot would do something like this. I hope this guy resist arrest so the police can subdue him… WELL!

Here is a link to the Lancaster County Courthouse (Built 1828), Lancaster, South Carolina (http://www.ers.usda.gov/Briefing/Population/Photos/ShowCH.asp?FIPS=45057). I have ancestors from this county so this breaks my heart for such a beautiful building to be destroyed for nothing.

Thanks God most if not all records were saved that was stored there. Hats off the the Fire Department for saving these valuable records. Below is the story of the fire then a response to from the people there on the recovery of the records:

Authorities say arson caused fire at SC courthouse -The Associated Press

LANCASTER, S.C. – A fire gutted Lancaster County’s historic courthouse Monday, and officials said arson caused the blaze that ripped through the building designed by the creator of the Washington Monument.

No one was injured in the early morning fire, officials said.

Rudy Carter, chairman of the Lancaster County Council, said a broken window was discovered on the first floor of the 180-year-old, two-story courthouse when firefighters were called shortly before 5:30 a.m., leading to the suspicion of arson.

“The whole roof is gone. The interior area where the judges sit is gutted. It’s a total loss,” Carter said.

Police chief Hugh White told reporters the blaze was clearly arson.

“It’s a historic place,” he said. “I just hate it. I really do.”

The State Law Enforcement Division sent an arson team and arson investigation dog, said Jennifer Timmons, an agency spokeswoman. Agents from the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives also were summoned, said Steve Willis, the county administrator.

Carter said the roof of the courthouse had collapsed and there was heavy fire damage to the second floor. He said a team would have to be brought in to assess the damage to the building, which is listed as a National Historic Landmark.

The courthouse’s architect, Robert Mills, also designed the Lancaster County Jail and is perhaps best known for the Washington Monument. According to the city Web site, the courthouse dated to 1828.

One witness, Patty Reynolds, the owner of the Red Rose Barber Shop, located on a block next to the courthouse, said the flames were knocked down and the fire was smoldering more than two hours after the initial alarm.

Carter said he wouldn’t even guess the dollar amount of the loss.

“We don’t even know where to begin right now,” he said. “We’re going to have to bring in structural engineers to make sure the walls are still sound. We’ll just have to go from there.”

The ground floor, where the clerk of court offices were located, did not have fire damage but did suffer heavy water damage, Carter said.

The building was only used for court – other county offices are located in the nearby county administration building, Carter said. A session of court had been scheduled for Monday. Carter said jurors were asked to report Tuesday to the county administration building.

Someone made contact with someone today about the courthouse fire and here is the response.

We are just now getting to move out records as ATF has released the fire
scene but it appears that court records, other than indictments actually in
the courtroom are OK.  We will be working with SC Archives & History to make
sure dampness, etc. in the records are taken care of.  There were no vaults
in the building so most records were in filing cabinets.  The FD did a great
job deploying salvage covers over the cabinets.  Records from Probate Court,
Voter Registration, Register of Deeds (land records) etc. were not kept in
that building – just Clerk of Court records.

Steve Willis

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Ages of Legal Action

July 23rd, 2008 GenMaster No comments

This is something very useful that I discovered that will help me in those old records before the 1790 census. The below chart describes the min age a person had to be to perform certain actions. So if your ancestor performed a certain action then you at least know a min age and can determine a fairly close birth date. I am finding it most useful. I have also posted this on my website at http://www.familyhistory101.com/research-probate/index.html#8

Legal Action Legal Age Exceptions/Comments
Inherit From birth An unborn child can also inherit
Be enumerated in census From birth Usually heads of household only until 1850
Witness documents 14 (male);

12 (female)

The age of discretion under the common law was 14
(males) and 12 (females). Some exceptions are listed
below
Attend school 5 Some schools accepted 3-year-olds
Testify in court 14 (male);

12 (female)

Choose guardian 14 (male);

12 (female)

Must be 21 in New York. No choice until age of
discretion; then, if guardian ppointed by court is
unacceptable, can select another subject to court
approval
Serve as apprentice 14 (male);

12 (female)

Standard term was to 21 (male), 18 (female), or time
of marriage. If apprenticed before age of discretion,
bound only to ages 14/12. Must have written deed
which allowed for apprentice’s content, except for
orphans on the public charge
Show land to processioners 14 (male);

12 (female)

Males only; southern states. (Procession means to
walk around the boundary lines of local property
owners.)
Be punished for crime 14 (male);

12 (female)

Some general exceptions before 1860. Complicated
changes in the 20th century
Sign contracts 14 (male);

12 (female)

May be required to confirm contract after arriving at
majority
Act as executor 14 (male);

12 (female)

Usually administrator with will annexed so the court
had some controls. Age 17 in Massachusetts, Rhode
Island, Missouri; age 18 in Mississippi. Bondsman
who could act as co-executor required in Vermont
Bequeath personal property by will 14 (male);

12 (female)

Age 18 in Connecticut, Massachusetts, Virginia; age 18 (male) and 16 (female) in New York; age 21 in
Vermont. Property may be held in custody of court pending review
Marry 14 (male);

12 (female)

Parental consent required in most states until age 21(male) and 18 (female). Married child not subject to control of parents, could remarry on death of spouse without consent if underage. Age 18 (male) and 14 (female) in Mississippi, Ohio, Indiana; age 18 (male) and 15 (female) in Minnesota; age 17 (male) and 14 (female) in Illinois; age 16 (male) and 14 (female) in Iowa. Marriage is valid without parental consent, but officiator could be fined. Annulment or Divorce only way to void the marriage
Be taxed 16 Males only were counted; females appear as “heirs
of . . . ”
Muster into militia 16 Males only
Procession land 16 Procession means to walk around the boundary lines
of local property owners
Take possession of land holdings 16 “In possession of” on tax rolls signifies that the
person named is at least 16
Practice trade 18 Some cities licensed tradesmen to practice their Profession/occupation at age 18
Release of guardian 21 (male);

18 (female)

Own land 21 Some states allowed females these rights at age 18
Devise land by will 21
Be taxed 21 Full poll responsibility unless exempt
Plead or sue in court 21
Be naturalized 21 After meeting residence requirements
Fill public office 21 Age 25 or older required for some offices
Serve on jury 21 Grand jury, petit jury, coroner’s jury
Vote 21 Linked to 21 as age of land ownership, a prerequisite

to voting in colonies

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Categories: Court Records