FAMILY TIES Article 10 by Dan Burrows I would like to spend a little time this article talking about researching land records in a County Clerk's Office. These records not only provide an excellent genealogical tool for research, they also provide lawyers with the tools to conduct title searches to property that is being bought or sold by their clients. Attorneys usually hire title searchers to trace the property backwards from the present. This is the same method we can use to trace the path of ownership of the house we live in (or the house our ancestors lived in). The first step is to find yourself (or your ancestor) in the indexes to deeds in the Clerk's office of the county where the property is located. Deed indexes are grouped together by year of sale. You may find a book that covers all deeds recorded from 1975 through 1980. If the property in question was purchased during those years, you will find the buyers and sellers (called grantees and grantors) listed in this index. It will lead you to a book of deeds where you will find a copy of the deed. After reading the deed, you can determine when the seller bought the property and from whom. This date and these names will lead you to the next index. This process can take you back through many years of ownership of the property, but sometimes you cannot find names in the early indexes. This could be because the deed was never recorded with the proper county and was recorded in another county. The other reason might be that the deed was never recorded at all and the original deed was kept by the buyer and passed on to other family members. It is important to know the county line changes and whether or not they might affect the place where a deed might be recorded. If you are tracing a deed in the Newburgh area, it would be helpful to know that Newburgh was part of Ulster County prior to 1798 and the deeds prior to that time would most likely be found in Kingston instead of Goshen. When tracing property ownership in Sullivan County, it would be helpful to know that Sullivan County did not exist at all until 1809. Prior to that time it was all one township known as Mamakating and was part of Ulster County. Prior to 1798, Rockland County did not exist and that area was part of Orange County. If you are researching property in Warwick near the New Jersey border, it often pays to travel to Newton or Patterson to check the Sussex and Passaic County land records. Many times when you get stuck on deed research, it would be beneficial to start checking the mortgage indexes for mortgagors and mortgagees. If the early deed were not recorded but the property owner borrowed money against the property or used it for collateral. For genealogical purposes, these deeds and mortgages can be a gold mine of information. They often name the place from where the parties moved from. For example, the deed might read that John Smith, of Boston, farmer, bought of Samuel Jones of Havestraw, five acres of land formerly owned by the grantor's father, Robert Jones and Sarah, his wife. Often, the grantor's new residence can be determined if he sells his property and states he is now of New York City. Multiple marriages can easily be discovered if the property was frequently mortgaged and different wives are named over a period of time. Many times you will find a statement in a deed concerning the wife as they were often asked in private whether or not they freely consented to the sale. Information about children can be discovered if the property is being disposed of by family members after the death of the owner. Land records in Orange County began in 1703, while those in Ulster County frequently date back to the 1600's. The indexes become very easy to use once you have tried them a couple of times. Microfilm copies of the earlier deed and mortgage indexes can be found at the Orange County Genealogical Society. This is helpful for those who cannot get to the county building during regular business hours. If one determines that there is a deed or mortgage they would like to see, a trip to the County Clerk's Office will be necessary. The following glossary of terms will be very helpful in researching land records and wills etc. Many of the terms are self explanatory but this list is worth keeping. ABSTRACT - Summary of important points of a given text, especially deeds and wills ACRE - See measurements ADMINISTRATION (of estate) - The collection, management and distribution of an estate by proper legal process. ADMINISTRATOR (of estate) - Person appointed to manage or divide the estate of a deceased person. ADMINISTRATRIX - A female administrator. AFFIDAVIT - A statement in writing, sworn to before proper authority. APPRENTICE - One who is bound by indentures or by legal agreement or by any means to serve another person for a certain time, with a view of learning an art or trade. APPURTENANCE - That which belongs to something else such as a building, orchard, right of way, etc. ATTEST - To affirm; to certify by signature or oath. BENEFICIARY - One who receives benefit of trust or property. BEQUEATH - To give personal property to a person in a will. Noun -- bequest. BOND - Written, signed, witnessed agreement requiring payment of a specified amount of money on or before a given date. BOUNTY LAND WARRANT - A right to obtain land, specific number of acres of unallocated public land, granted for military service. CERTIFIED COPY - A copy made and attested to by officers having charge of the original and authorized to give copies. CHAIN - See measurements. CHATTEL - Personal property which can include animate as well as inanimate properties. CODICIL - Addition to a will. CONSANGUINITY - Blood relationship. CONSORT - Usually, a wife whose husband is living. CONVEYANCE - See deed. DECEDENT - A deceased person. DECLARATION OF INTENTION - First paper, sworn to and filed in court, by an alien stating that he wants to be come a citizen. DEED - A document by which title in real property is transferred from one party to another. DEPOSITION - A testifying or testimony taken down in writing under oath of affirmation in reply to interrogatories, before a competent officer to replace to oral testimony of a witness. DEVISE - Gift of real property by will. DEVISEE - One to whom real property (land) is given in a will. DEVISOR - One who gives real property in a will. DISTRICT LAND OFFICE PLAT BOOK - Books or rather maps which show the location of the land patentee. DISTRICT LAND OFFICE TRACT BOOK - Books which list individual entries by range and township. DOWER - Legal right or share which a wife acquired by marriage in the real estate of her husband, allotted to her after his death for her lifetime. ESCHEAT - The reversion of property to the state when there are no qualified heirs. ESTATE - All property and debts belonging to a person. ET AL - Latin for "and others". ET UX - Latin for "and wife". ET UXOR - And his wife. Sometimes written simply Et Ux. EXECUTOR - One appointed in a will to carry out its provisions. Female = Executrix. FEE - An estate of inheritance in land, being either fee simple or fee tail. An estate in land held of a feudal lord on condition of the performing of certain services. FEE SIMPLE - An absolute ownership without restriction. FEE TAIL - An estate of inheritance limited to lineal descendant heirs of a person to whom it was granted. FREE HOLD - An estate in fee simple, in fee tail, or for life. FURLONG - See measurements. GLEBE - Land belonging to a parish church. GRANTEE - One who buys property or receives a grant. GRANTOR - One who sells property or makes a grant. GUARDIAN - Person appointed to care for and manage property of a minor orphan or an adult incompetent of managing his own affairs. HEIRS - Those entitled by law or by the terms of a will to inherit property from another. HOLOGRAPHIC WILL - One written entirely in the testator's own handwriting. INDENTURE - Today it means a contract in 2 or more copies. Originally made in 2 parts by cutting or tearing a single sheet across the middle in a jagged line so the two parts may later be matched. INTESTATE - One who dies without a will or dying without a will. INVENTORY - An account, catalog or schedule, made by an executor or administrator of all the goods and chattels and sometimes of the real estate of a deceased person. LATE - Recently deceased. LEASE - An agreement which creates a landlord - tenant situation. LEGACY - Property or money left to someone in a will. LIEN - A claim against property as security for payment of a debt. LINK - See measurements. LIS PENDENS - Pending court action; usually applies to land title claims. MEASUREMENTS - Link - 7.92 inches; Chain - 100 Links or 66 feet; Furlong - 1000 Links or 660 feet; Rod - 5 1/2 yds or 16 1/2 ft (also called a perch or pole); Rood - From 5 1/2 yards to 8 yards, depending on locality; Acre - 43,560 square ft or 160 square rods. MESSUAGE - A dwelling house. METES AND BOUNDS - Property described by natural boundaries, such as 3 notches in a white oak tree, etc. MINOR - One who is under legal age; not yet a legal adult. MOIETY - A half; an indefinite portion. MORTGAGE - A conditional transfer of title to real property as security for payment of a debt. NONCUPATIVE WILL - One declared or dictated by the testator, usually for persons in last sickness, sudden illness, or military. ORPHAN'S COURT - Orphans being recognized as wards of the states, provisions were made for them in special courts. PATENT - Grant of land from a government to an individual. PERCH - See measurements. POLE - See measurements. POLL - List or record of persons, especially for taxing or voting. POSTERITY - Descendants; those who come after. POWER OF ATTORNEY - When a person is unable to act for himself, he appoints another to act in his behalf. PROBATE - Having to do with wills and the administration of estates. PROVED WILL - A well established as genuine by probate court. QUITCLAIM - A deed conveying the interest of the party at that time. RELICT - Widow; surviving spouse when one has died, husband or wife. ROD - See measurements. ROOD - See measurements. SPONSOR - A bondsman; surety. TESTAMENTARY - Pertaining to a will. TESTATE - A person who dies leaving a valid will. TESTATOR - Person who makes a valid will before his death. TITHABLE - Taxable. TITHE - Formerly, money due as a tax for support of the clergy or church. VERBATIM - Word for word; in the same words, verbally. WILL - Document declaring how a person wants his property divided after his death. WITNESS - One who is present at a transaction, such as a sale of land or signing of a will, who can testify or affirm that it actually took place. YEOMAN - A servant, an attendant or subordinate official in a royal household; a subordinate of a sheriff; an independent farmer. ___________________________________________________________________ Get the Internet just the way you want it. Free software, free e-mail, and free Internet access for a month! Try Juno Web: http://dl.www.juno.com/dynoget/tagj.