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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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Sr. and Jr. not always fathers and sons

February 28th, 2009 GenMaster No comments

Researchers also need to keep in mind that Sr and Jr designations did not always indicate a father/son relationship. Sometimes it indicated two generations with men having the same name but they could have been uncle, nephew or some other relationship.

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Categories: Tips & Tricks

Setting up a maillist

August 3rd, 2008 GenMaster No comments

Today I set up a mail list for the 7 to 8 other researchers that are working on the decendents of William Nichols Sr. of Pitt Co., NC. Hopefully this will help keep everyone updated on the progress being made in peicing togehter this family. This is a good idea for any group of researchers working towards a common goal.

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Genealogy Meetup

July 15th, 2008 GenMaster No comments

I just started a meetup Group for the North Alabama and South Central Tennessee Area. The Details are located at http://genealogy.meetup.com/154/ . If you live in this area feel free to join up. I am going to try to hold regular meetings and classes once I get enough people signed up

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Categories: Tips & Tricks

Genealogy Encyclopedia – Terminology & Meanings of Genealogical Terms

May 22nd, 2008 GenMaster 1 comment

When tracing an ancestry it is common to encounter records filled with obsolete, archaic, or legal terms that can be difficult to interpret. Misinterpreting these terms can make the difference between linking persons to the right generation, parents, spouse or children. Understanding exactly what is stated in any record is vital before attempting to move to the next generation. Inexperienced or impatient genealogists undervalue the quality of their research by applying present-day definitions to documents created in an earlier century. Take the time to use the glossaries provided here and other excellent dictionaries, genealogical reference books and encyclopedias to interpret documents correctly. I have the pages below that will explain some of these terms .

  • Terminology & Meanings of Genealogical Abbreviations – The following abbreviations are those most commonly used in genealogical records. It is not unusual to find, within the pages of one record, different variations used, but care should be taken to ensure that in these instances, it is a variation and not meant to indicate something else.
  • Terminology & Meanings of Early Illnesses & Diseases – This describes the various old time Illnesses and Diseases that you will find in old documents, medical records or listed as causes of death on old death certificates or in old family Bibles
  • Terminology & Meanings of Early Occupations – This following list that describes the various old occupations of which many are archaic. These are useful to genealogists since surnames usually originated from someone’s occupation. Ships passenger lists, census returns and other documents used in genealogy may give an ancestor’s occupation, this list gives more modern interpretations of those terms. They also are useful to historians in general. The list is by no means complete.
  • Terminology & Meanings of Genealogical Terms – This page defines the Genealogical Terms used in genealogical research you will find in documents
  • Terminology & Meanings of Common Nicknames – & Their Given Name Equivalents
  • Terminology & Meanings of Tombstone Symbols – A list of some of the most commonly seen tombstone symbols. Learn the meanings of the various carvings, symbols, icons and other funerary art found on gravestones, tombstones and headstones.
  • Terminology & Meanings of Worldwide Epidemics – A List of Major U.S. and world wide epidemics

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Categories: Tips & Tricks

Military records can’t found

February 9th, 2008 GenMaster No comments

I get this type of email often. I can’t find my ancestors military records from WWI and WWII. Well there is a good explanation for this, a fire destroy most of the records from 1912-1964. See below:

The 1973 Fire at the National Personnel Records Center

On July 12, 1973, a disastrous fire at NPRC (MPR) destroyed approximately 16-18 million Official Military Personnel Files. The affected record collections are described below.

Branch Personnel and Period Affected Estimated Loss
Army Personnel discharged November 1, 1912, to January 1, 1960 80%
Air Force Personnel discharged, September 25, 1947, to January 1, 1964
(with names alphabetically after Hubbard, James E.)
75%

No duplicate copies of the records that were destroyed in the fire were maintained, nor was a microfilm copy ever produced. There were no indexes created prior to the fire. In addition, millions of documents had been lent to the Department of Veterans Affairs before the fire occurred. Therefore, a complete listing of the records that were lost is not available.

I you are a veteran and need proof  for benefits there are Alternate Record Sources from the National Archives.

But if you are a genealogist and your ancestors records were destroyed then here are a few tips.

  1. Ask relatives if your ancestor received a DD214 upon discharge. All veteran get this and it is a simple for giving a brief run down of service. Also ask for war stories if the veteran is deceased. These can help you piece together a wonderful story.
  2. Your County courthouse where the veteran lived should have a copy of the discharge papers. Most county government keeps these but not all so call and check first.
  3. Things like final pay vouchers and Medical-Related Records were not destroyed by the fire and are available

So don’t give up!

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Out of Pocket

January 20th, 2008 GenMaster No comments

I know I have been away for about a month but this is the time of year I like to visit with some of my older kin folks that live in the surrounding counties and states. I like to ask about the old days every year. Most of the time it is the same stories I have heard a million times but every year I fresh memory crops up and I get a new piece to the puzzle. This year has been no different.

Now I have read a lot of how to books about the importance of interviewing relatives and that is very important, but even more important is to go back and re ask question and go back over stories constantly. By doing this you can gather more and more information about you ancestry.

Over the next few post I will relate to you about some of the new stories I have found….. Stay tuned

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