EVALUATION CHECKLIST

Below you will find an evaluation checklist to take advantage of as you evaluate published probate records.

 

IF THEN

It is an abstract.

Are all the essential facts included?

It is an extract.

Is the entire document extracted, or only "relevant" portions of it?

A comparison of random selections of the transcribed copy with original documents can be made.

Are errors and/or omissions found? Are all names in the original shown in the transcription including witnesses, litigants, court clerks, places, and names within the text?

This is a new editor to you, what is his/her reputation?

Is it the editor's first publication? If not, is the editor known for accurate work or does he/she concede exactness to save time or space? Is the editor familiar with the names and places of the area, the paleography of the time period, and the general use of probate records?

The title appears to cover a large time period.

Is the compilation complete? Based on other publications or your own experience, are the cases included sufficient for the approximate population in the jurisdiction during the period covered?

It was published prior to the age of computers.

Is it completely indexed? (see index below)

It contains an index.

Check a number of entries to determine if every name appear in the index. Check names contained in long lists to see if these names are indexed. If not, does the introduction, foreword, or preface specify those records or portions of the volume that are not listed in the index?

The area or time period under consideration is unfamiliar to you.

Consider the scholarship put into the work: does it contain an adequate explanation of legal terms, abbreviations used, citation of original sources, and location of original records?

PRESERVING PROBATE CLUES

Once you have evaluated the information provided in a probate record you may want to record the vital clues found in the general notes area of your genealogy computer program. Not only will you be able to search every word in your genealogy program to find the necessary clues when you want them, but you will have the information readily available to make a case when comparing the information against the work of other researchers.

The first two examples below are notes recorded from published abstracts. The third example is from a transcript of an original will. Notice how many other types of clues would be available in the full will even with much of the legal verbage removed. After that examples of estate (intestate) records will be given and compared to published land and will records of others mentioned in those estate records. Notice the many years between the estate, land, and will records.

1824 WILL: SC, Pendleton District, Pendleton District and Anderson County, S.C. Wills, Estates, Inventories, Tax Returns, and Census Records, FHL US/Canada 975.72 P2a, page 60:

Will of Russell Cannon - pp 295-297 [original source pages: Wife Jean to have negro Simon for her own and Rose and Cato her life-time. At her death sold and equally divided among my lawful heirs. Daughter Harriet Duke to have negro, Ann. All other property disposed of and equally divided amongst my children. Executors: Wife Jean and son Elijah. Dated 10 July 1824. Witn. James Hunter, James E. Hart, no probate date, signed Russel Cannon.

1786 WILL: VA, Henry Co., Will abstracts, vol. I & II, 1777-1820, abstracted by: Lela C. Adams, Bassett, VA. FHL #975.5692 P2a, pg. 21:

I: 151, Last Will and Testament, Henry Mayze, sick and weak, 4 Nov 1786, probate: 15 May 1787. To son, Abraham Mayze: five schillings; to son, Littleberry Mayze: wheat; to son, Henry Mayze, a cow; to son, David Mayze: land where I now live, 110 acres, horse, stock, and to take care of my wife, Pheby Mayze; to son, Gooding Mayze: saddle and saddle bags; to son, Liggin Mayze: 120 acres that I purchased of George Lumpkin, colt, feather bed, and furniture; to daughter, Elizabeth Gosset: one schillings; to daughter, Susannah Hollandsworth: five schillings; to daughter, Fanny Sollamon: a small pot; to daughter, Phebey Mayze: bed, furniture, dishes, cotton and flax wheels. Executors: David Mayze and friend, David Lanier. Witnesses: Alexander Joyce, D. Lanier, and Joseph (X) Chandler. Sec for exors: John Staples and Nathan Hall.

1804 WILL: VA, Henry Co., Will book 2 page 83:

In the name of God, Amen. I Alexander Hunter, Senior, being sick of body but of perfect mind and memory do make and ordain this my last will and testament...I give...to my beloved wife, Martha Hunter, the third of all my lands and negroes and the third of all my movable property and Hannah's child named Cloe exclusive besides her thirds to wait upon her during her life. After her death my will is that Cloe, Hannah's child and her children, if she has any, be equally divided and left to Peter Hunter, Samuel Hunter, Peytin Hunter, Alexander Hunter, Powhatan Hunter, to them and their heirs forever and my wife Martha Hunter is to have the third of all my other negroes and moveable property to wait upon her during her life and when she comes to die and leave this world, I give my wife Martha Hunter full power to leave her thirds of movable property to any of her sons and daughters which treats and uses her best in her latter day. My will and desire is that all my lands and negroes and moveable property except my wife's third that is not to be concerned with during her life, shall be sold immediately after my death and my sons, when they come to the age of 16 they may take care of their own part of my estate which I have left them and my will is that my youngest children's legacy be left in my executor's hands while they come to the age of 14 years then they may choose guardians to act for themselves and if any of the above mentioned sons shall die before they come of age to make a will, their estate shall go and be left to the above mentioned sons. See [sic] my land and their parts of my movable property which I left my sons Peter, Samuel, Peytin [sic Peyton in other records], Alexander and Pawhatan [sic]...I give...beloved daughter Patty Spencer, one likely negro wench and child, one good bed and furniture, one mare named Polly Shock, one cow and calf and some household furniture to her and her heirs forever...to my daughter Permelia Hunter, two negroes, negro girls' Hannah's children Hepy and Sall, one bed and furniture, one riding mare and saddle, one cow and calf, some household furniture, to her and her heirs forever...to son Robert eight dollars Virginia currency, daughter Ruth Hord five shillings sterling money...daughter Elizabeth Matthews 8 dollars and one third Virginia currency...daughter Polly Bassett 8 dollars and one third Virginia Currency...wife Martha Hunter, Executrix, Peter, Samuel, Peyton, and Alexander Hunter, Executors of this my last will and testament...3rd day of Nov 1803. Feb. 1804 proved in court, Henry Co, VA.

These are abbreviated research citations that do not take much time, but would enable the researcher to locate the source again when necessary, and yet help locate the original information. Below is an estate record where a will itself was not created by one individual. Estate records when used with land, tax, and will records of others can give excellent clues to relationships.

1750 WILL: VA, Fairfax, Abstracts of Wills, Inventories, Fairfax Co., 1742-1801, by J. Estelle Stewart King: Gabriel Adams, 19 Jan 1749 27 Dec 1750 Sons: John, Silvester, Cathon, Earl, Gabriel, Simon. Daughters: Susanna Summers. Legatees: Eliz Nevet, Benj. Williams (gr. son). Exrs: Sons: Gabriel and William. Wit.: John Summers, David Thomas, John Thomas.

1759 PROBATE: VA, Fairfax, The American Genealogist, "The Adamses in the Northern Neck of Virginia (Upper Counties) and some nearby Counties of Maryland", contributed by Milnor Ljungstedt, Bethesda, MD, p. 87:

Gabriel Adams, son and heir-at-law of Gabriel, dec'd; Benj. Ladd of Fairfax cty, Taylor, and wf Sarah [Ladd and wf being first mentioned] to John Dalton, mcht, Fairfax cty, farm-let 100 acres, part of 515 acres patented to [Gabriel] Adams, 12 Oct 1726, and by him devised to son Silvester Adams, nd by Silvester sold to Ladd in 1758. Wit: James Donaldson, Richard Rigg, Silvester (x) Adams, Thos. Shaw, John Gladin. Fairfax, VA. 10 May 1759. D-576.

1780 WILL: VA, Fairfax, The American Genealogist, "The Adamses in the Northern Neck of Virginia (Upper Counties) and some nearby Counties of Maryland", Contributed by Milnor Ljungstedt of Bethesda, MD, p. 237:

William Adams, Fairfax, VA, from Benjamin (x) Williams, heir to Simon Adams, by the last will of Gabriel Adams, late of Fairfax. Consideration 20 pounds sterling . . . all right to a tract on Holmes' Run, patented to Gabriel, 1726. 3 Nov 1780. Fairfax, VA. 4D-303.