I received this from another mailing list and thought there might be someone out there still learning like me that might find this useful too. Rita > Some questions have come up regarding some of the lists that I have > submitted. I hope the following will be helpful. I am always open to > corrections and additions - June Bork > > > Tips I have picked up along the way - Good Rules to Remember > > 1. A man who receives by a will cannot be a witness to it. > > 2. A nuncupative will can dispose only of personal property. Nuncupative > = To declare orally; oral-not written, made by word of mouth only and > depending on oral testimony for proof, though afterward reduced to writing > (Blackstone). > > 3. A married woman could not make a will without her husband's consent and > even so, could dispose only of personal property unless there had been a > pre-nuptial agreement. > > 4. Title to land could be conveyed either by inheritance or deed or > marriage. > > 5. If a man sold his land and there is no record in the Deed Book that he > purchased that land, then check the land grants; if he inherited it or his > wife inherited the land, a record may be in the probate files. Knowing > this will help to discover the identity of the wives. > > 6. A man did not have to be 21 to buy land, but he did have to be 21 to > sell it. He did not have to own property to vote, but he did have to be a > free man. He had to be 21 to serve on a jury, but he did not have to own > property or to be naturalized. > > 7. A woman was never a taxable or tithe. If her name appears on a tax > list, it is because she is a widow; she has a male of taxable age in her > household or a slave of taxable age. A tax list that shows "One white > person" meant that male was age 21 or over and taxable. White males over > 16 and under 21 were taxable. > > 8. Quakers used numerical dating and did not take oaths and were not > married in a civil service. A Quaker's last will does not begin with: "In > the name of God, Amen," and there are no marriage bonds for Quakers. > > 9. There are excellent indexed records for Moravians and Quakers; many > records of both Lutheran and Reformed churches and ministers that have > been translated. > > 10. All males and females enumerated in the census records prior to 1850 > are not necessarily members of the immediate family; they are merely > members of the household and may not even be related. > > 11. "Junior" did not necessarily mean "son of," but was a designation for > a younger man of the same name in the same area. A man could be a > "junior" at one period and "senior" at a later period. > > 12. "Infant" did not mean a babe in arms but someone under legal age of > 21. > > 13. An illegitimate child almost invariably took the surname of the > mother. > > 14. If a man died in Rowan County, NC and devised his land in Davidson > County to his son, there will not be a record in Davidson County to show > the transmittal of that property. > > 15. In intestacy (died without will), the Court appointed as > administrator(s) the widow & relict (who may have already remarried and > may have a different name) and/or sons(s) who are of legal age. If they > relinquish the administration, the largest creditor is appointed. > > 16. A posthumous child, even if not mentioned in the will, will share > equally with the other children (Posthumous, born after death of father). > > 17. Not just anyone can file a caveat to a will - only a person who stands > to inherit from the estate, and only then if he would receive more by the > laws of intestate succession than from the provisions of the will. > > 18. If an executor is named in the will, the Court appoints an > administrator "cum testamento annexo" to carry out the provisions of the > will. > > 19. According to the laws of intestate succession, the widow receives > 1/3rd of all property, and the remainder goes to the children. > > 20. The law of primogeniture was legally abolished in 1784 and had to do > only with the estate of an intestate. (The state of being born first of > the same parents and had legal right to father's property). > > 21. Normally, the widows of intestates were allotted a year's provision. > > 22. Until 1868, a husband had a life estate in all real property owned by > his wife at the time of their marriage; this is known as curtesy. > > 23. Dower rights pertained to the belonging of the husband, whether he > owned it before the marriage or acquired it afterward. Husbands did have > identical rights to property owned by their wives, but when referring to > those rights they are called curtsy rather than dower. > > 24. Curtesy or Courtesy, Scotch Law. A life-rent given by law to the > surviving husband, of all his wife's heritage of which she died in feft, > if there was a child of the marriage born alive. The child born of the > marriage must be the mother's heir. If she had a child by a former > marriage, who is to succeed to her estate, the husband has no right to the > curtsy while such child is alive; so that the curtesy is due to the > husband rather as father to the heir than as husband to an heiress, > comfortable to the Roman law, which gives to the father the use of what > the child succeeds to by the mother. > > 25. If an estate was debt-ridden, the personal property was disposed of > first. The widow's 1/3rd was protected and usually 1/3rd for the > children against any claims for debt. > > 26. An "ORPHAN" over the age of 14 could select his own guardian (as it is > today); if he were younger, the Court appointed the guardian. If an > orphan was left little estate, he was often apprenticed by the Court to > learn a trade. If a man left underage children, you should expect to find > a guardian being appointed and the children being referred to as "orphans" > although their mother may still be living and be appointed their guardian. > If she has remarried, her new husband is often appointed guardian of the > minor children. An "orphan" was someone under 21 who had lost his or her > father. > > 27. INDENTURED APPRENTICESHIPS: A son was "bound out" by the father, or > widowed mother, or guardian to give him training in some craft or trade, > or to relieve the parent from the expense of feeding and clothing during > childhood and or to be trained to support themselves. Females were also > bound out to learn the art and mystery of spinning and weaving, and > housekeeping, etc. This system of indentured apprenticeship had its > origin from early colonial days and during the course of the centuries, > various laws governing and controlling it have been enacted. During the > colonial days, the eldest son was bound out to learn reading, writing and > arithmetic in preparation for taking over the family business. A farmer, > lacking sufficient help, would take a boy in this way to help him with the > farm work, or a girl to help his wife spin and weave and cook; a > goldsmith, or printer, or paper-maker would do the same to get assistants > and to train them. > > Following are two examples of "Indentured Apprenticeships." James Beavers > bound himself for one year to learn the blacksmith trade and was the first > one recorded in the Wayne Co, KY Deed Books. The second was Nancy Davis > [a widowed mother] who bound her six year old son to serve as an > apprentice until he was age 21. Occasionally, when a widow or widower > intended to remarry, the children of the first marriage were bound out. > In other cases, the County Court Records will show "Wards of the Court." > The court then summons a widow or widower to show cause, if any, why > their child/children should not be bound out. > > 1806 May 6 - Wayne Co, KY - Deed Book A- p.227-228 > Indentured Apprenticeship: I, JAMES BEAVERS of Wayne doth hereby bind out > himself as an apprentice to MESHACK GREGORY to learn the art trade or > mystery of a Blacksmith. The said Beavers after the manner of an > apprentice to dwell with & serve Gregory from the date > hereof until the 6th of August 1807 during all of which time or term the > apprentice is to serve his Master well & truly & shall serve his lawful > commands everywhere & at all times & readily obey.. he shall do no damage > to his Master nor willfully suffer any to be done by others. He shall not > waste the goods of his Master nor lend them unlawfully to any at cards, > dice or any other unlawful game he shall not play from the service of his > Master he shall not absent himself but at all times & in all things he > shall carry himself & behave as a good & faithful apprentice ought during > the whole time or term. And MESHECK GREGORY on his part doth hereby > promise & agree to teach the apprentice in the art trade calling of a > Black smith by the best way or means he can & shall faithfully find & > provide for the apprentice good & sufficient meat, clothing & lodging > during the time or term.. /s/ JAMES (x) BEAVERS, /s/ MESHACK GREGORY. > Witness: R.G. FOSTER .- Recorded: 6 May 1806 > > 1808 May 30 - Wayne Co, KY - Deed Book A- p.249-250 Indentured > Apprenticeship: NANCY DAVIS of Wayne to JAMES WITHERSPOON of same.. NANCY > doth voluntarily put & bind her natural son, RILEY DAVIS, age 6 yrs on 19 > September next [1809] as an apprentice to JAMES WITHERSPOON to learn the > trade of a Shoemaker.. Riley shall serve his Master until he arrives to > age of 21 years.. Said apprentice shall keep the lawful commands of his > Master & gladly obey.. he shall not during the time contract matrimony, > nor commit fornication; hurt to his master; shall not suffer it to be done > by others without giving master notice thereof; shall conduct himself as > becomes an apprentice. The Master on his part shall supply the apprentice > constantly in meat and drink and shall keep him well clothed and treat him > with humanity; to learn him to read, write and cypher as far as the rule > of three. > /s/ Nancy (X) Davis, /s/ James Witherspoon. Witness: Micah Taul, Clerk. > - Recorded: 30 May 1808 > > INDENTURED SERVANTS - An indentured servant was generally a person who, > wanting to emigrate to America, would sell his services to someone by > indenturing himself as a servant in return for the passage money he needed > to get to the New World. By this indenture he contracted to work for the > man who advanced the money for a specified number of years. Some masters > were cruel to their apprentices and "indentured servants," and the servant > ran away. The master was brought before the court and fined. If they did > not improve, then the court appointed another master. > > 28. Watch for a man disposing of more land than you can find him buying. > Did land come to him by death? Did his wife inherit property that he is > selling? Or did he receive land grants? > > 29. Taxable age for white men during the colonial period was 16; during > the Revolutionary War it varied from county to county; after 1784, it was > 21. > > 30. Be very careful about accepting all information on a death certificate > other than the date of death, as the information was given under stress by > someone who may not have a full knowledge of the facts. The same holds > true for obituary notices. > > 31. Phonetic spelling can be tricky. The clerk wrote down what he HEARD, > i.e., Anne Eliza or Annie Liza; Synderalugh or Cinderella. > > 32. Watch for occupations being Capitalized as identification following a > name, without a coma. John Williams Carpenter in 1785 was probably John > Williams, carpenter. John Henry Taylor may well have been John Henry, > tailor. > > 33. Many times there are no commas separating a list of names of children > in a will and you may have either ten daughters with single names or five > daughters with double names or a mixture. > > 34. Spelling can be very confusing, i.e., "hairs purchaced waggins at > Estate sail." > > 35. When checking an index, say the surname and envision every possible > spelling. Jo Linn eventually identified her husband's ancestor Lewis > Redwine as having been Ludwig Rheitweil > > 36. Some names were shortened through usage. Mr. Reed Pickler had > difficulty with his line until he realized the surname of the immigrant > ancestor was Blankenpickler. > > 37. In examining a Bible record, see if the handwriting is all the same. > If it is, all entries were probably made at the time of the latest entry; > if entries were made at the time the event occurred, they are more apt to > be accurate. > > 38. In NC, the marriage act of 1741 forbade "the abominable mixture" > between white men and women and Indians, Negroes, Mustees and Mulattoes or > any person of mixed blood. > > 39. Words denoting relationship, such as "in-law" and "step," often had > different meanings from what they have today. "Nephew" sometimes meant > grandson or grandchild, such as "to my nephew Rebecca Hayes." "Brother" > could be also brother-in-law or brother in Christ or a minister. > > 40. Non-jurors or non-swearers were people who refused or failed to take > the oath of allegiance, i.e., Loyalists or Tories. Many when faced with > double taxation or the possible confiscation of their property, embraced > the Revolutionary cause, and some became super patriots; others left the > state. > > 41. Inventories and estate sales reveal much about the occupation and > status of the deceased and often suggest other records that might be > searched. > > 42. Analyze the naming patterns in the generations you have constructed as > a possible clue for a given name of an earlier male or the maiden name of > a wife. For example, the widow Hartwell Drake almost certainly had a > mother whose maiden name was Hartwell. > > 43. Often a later child was given the same name as one who had died > earlier. > > 44. Use of the term "proven" and "acknowledged" in land transactions. > Ack, or Acknowledged: The usual procedure in a legal transfer of land > was that the seller, after deeding over the land, go before the county > court and, under oath, publicly acknowledge the transfer. If married, the > wife may appear also, and be examined privately to determine if she agrees > with the transfer of the land and to relinquish her dower rights to the > property. If she does not do this in court, commissioners are appointed > to visit her and examine her as to the transfer. > In deed records, and abstracts of land transfers, there often is a note > entered by the Clerk similar to this: "Ack: 23 May 1750." This means > the seller, (grantor of the deed) and his wife, if any, personally > appeared before the court or did so by proxy. > Proved: If the seller cannot appear in court personally, the deed > document was witnessed by several individuals who signed on behalf of the > purchaser. A note by the Court Clerk: "Proved: 20 Oct 1791" means the > witnesses appeared before the court and certified the veracity of the > transfer. Use of the term "before the court" could signify appearance > before one of its Justices and be at a time outside the time of the usual > quarter sessions.. The court, finding the transfer of the property to be > in proper order, orders the Clerk to record a copy of the deed in the > County Deed Book. > In cases where it is known that the grantor is to appear before the court > and acknowledge the deed, it would not be necessary for witnesses. > > 45. In the 1700s, Livery and Seizen was a practice between the seller and > buyer of a piece of land. They met on the property and in the presence of > witnesses declare the contents on which livery is to be made. This was a > ceremonial act by which the seller delivers (livery) a clod, or twig or > some other piece of turf or branch from some plant growing on the property > and this transfer is accompanied with words much like the following: "I > deliver these to you in the name of seizen of all the lands and tenements > contained in this deed." It was a formalized ritual probably called for > by the purchaser who may have had something to gain by having several > witnesses to the event. These matters concern a vocabulary no longer > used, and made manifest that which is now reduced to words on paper. > > 46. CALENDAR CHANGE > England and all territories governed by her used the Julian Calendar until > 1751, often referred to as Old Style or O.S. Under that system, the new > year began on 25 March, while all of March was recognized as the first > month. Thus, where numbers were used instead of month names, one has to > calculate the month: i.e., 3-11-1680 meant May 11, 1680. The 7th month > meant September. Since the Gregorian Calendar, or New Style [N.S.] began > its year on January 1st, some writers employed a system of double-dating > years for the dates which fell into January, February, or March such as > 1731/2. Double-dating occurs only for dates within the first three months > of the year and does not exist after 1752 when the Gregorian Calendar was > adopted by England and her territories. Prior to 1752, it is perfectly > possible to find a will dated October first and probated January third of > the same numerically numbered year. It is possible to find a woman > marrying with a birth date of 3 January 1750. The problem occurs only > prior to 1752 in connection with the first three months of the year and > with the use of numbered months. One watches for it particularly in > dealing with Quaker records where the months are invariably numbered. > > 47. One hundred years ago, middle names were more prominent in some > families more so than others. When families continually gave a first name > of John or William or Thomas, etc., a middle name was added to tell which > John came from which family. Nick names such as Jack/Jackson/Jonathan, > etc., were also used to distinguish one John from the other. The same > applies to Mary/Polly; Hannah/Nancy/Anna; Frances/Fanny; > Elizabeth/Eliza/Betty/Beth, etc. > > > > ============================== > Gain access to over two billion names including the new Immigration > Collection with an Ancestry.com free trial. Click to learn more. > http://www.ancestry.com/rd/redir.asp?targetid=4930&sourceid=1237 >