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For The Record
5/8/2000 - Archive
Probate Records, Part II
Editor's Note: Today's column is a continuation
of last week's "Probate Records: An Underutilized Source," originally
published in the May/June 1994 issue of Ancestry Magazine. This article
provides a research situation that illustrates the researcher's use
of probate records.
I found an example in searching the published New
York Historical Society's Abstracts of Wills for a father and son both
named Abraham de Revier. At least one was literate, because the clerk
who in 1715 began the first record book of the Old Dutch Church at Sleepy
Hollow, Tarrytown, New York, credits Abraham de Revier with keeping
the memoranda and membership lists he used to compile the church's earlier
history.
I didn't find that name, but the index did list
an Abraham de Reinere that was too close to ignore. The abstract showed
a will dated 24 April 1716 and proved 22 June 1716, listing "children
Hannah and Mary by my first wife and John, Rachel, Letitia and Isaac
by my second wife." It appeared to belong to Abraham Jr., since Abraham
Sr. had only one known child, and the listed children partially matched
known children of Abraham Jr. The accuracy of the abstract transcription
was suspect from the start, however, because it listed, in place of
Sophia/Zophya and Janitje, who were known from church records, a Letitia
and Isaac who appear nowhere else. There was no indication of how the
will was signed (NY Wills 2:171).
Both the handwritten will record books and the
original wills are available on LDS Family History Library microfilms.
The will book transcribed the name as Abraham Dekeinere (Liber 8:490,
noted as copied from Old Liber: 419, FHL Microfilm 874,517). When I
went to the original wills, the source for the error in the published
abstracts was immediately apparentDeReinere was the misread name on
the jacket in which the will was filed, but the name in the will was
plainly "DeReivere."
The will itself, however, was that of Abraham de
Reivere Sr. Unlike the "my" for the first and second wives in the abstract,
it lists children Hana and Mary "by his first wife," although there
is no antecedent to which this refers, and then "by the second wife"
John, Rachel, Safia, and Jane. Even more telling was this tidbit omitted
from the abstract: "and as for my dofter-in-law she have had what she
is to have." It was signed with an X, showing that he himself could
not write, and explaining the difference from the spelling of the name
in his literate son's memoranda, as copied into the church records (Will
530, FHL Film 501144; Rev. David Cole, translator. First Record Book
of the Old Dutch Church of Sleepy Hollow (Yonkers, N.Y.: Yonkers Historical
and Library Assn., 1901, reprinted Rhinebeck, N.Y.: Palatine Transcripts,
1986). Later the death of Abraham Jr. before 1716 was confirmed by
a newly discovered family record showing his widow's remarriage by 1712.
(N.Y. Geneal. & Biog. Rec. 112 (July 1989):134).
Despite the perils of relying on published abstracts,
they have one great advantagean every-name index to all the people
mentioned. The probate court indexes seldom list anyone but the decedents,
or sometimes minor children for whom formal guardianships were established.
It is this lack of complete indexing that probably deters many family
historians from making greater use of probate records. Without any every-name
index, you must first have the names of ancestors before you can use
their probate records.
Other than the will and affidavits of the witnesses,
probate records may include the petition of the proposed personal representative,
inventories, accountings of receipts and disbursements, and distribution
lists. In more recent years, you may find a death certificate (perhaps
unobtainable from a vital records office under new restrictive policies).
You should check everything that is available. Some probate records,
in addition to wills, may have been copied into will-record books, but
in other jurisdictions they will remain as loose papers in probate files
or packets.
Each type of probate record offers different insights
about the relatives, economic status, and lifestyle of the deceased.
The will is especially useful for the relationships it states, and for
clues to unstated relationships from the identities of the witnesses,
executors, and heirs. From names omitted, or included without a stated
relationship, a genealogist experienced in a particular locale might
make assumptions on which a hypothesis can be based, to be tested by
further research, or might draw conclusions that strengthen or weaken
earlier hypotheses. Be careful, however, not to draw unwarranted conclusions
from usages with which you are unfamiliar, like "son-in-law" meaning
a stepson, or "my sister" meaning a member of the same religious group.
The omission of a known child could mean that the person had died before
the will was made, or that the child had already received its portion,
like a daughter who had a dowry at marriage. The petition will usually
state the date of death, which may not appear anywhere else. If it does
not appear, the death date can be approximated between the date of the
will and the date of probate. For appointment of an administrator, toe
petition will name all those who are of the same or a closer relationship
to the decedent as the proposed administrator, and show that they have
renounced their rights to serve. Inventories and accounts will tell
you much about a person's economic status, occupation, and lifestyle.
Distribution lists, particularly for intestate estates, can suggest
previously unknown relationships that you can attempt to verify from
other sources.
Probate records are often the key to opening previous
dead ends in family history research. The closer you can come to viewing
the original documents, the less likely that you'll be misled by other
people's errors.
Donn Devine is a genealogical consultant and practicing attorney and archivist for the Catholic Diocese in Wilmington, Deleware. He is active in a number of genealogical organizations.
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