Finding Your Folks: More treasures in the courthouse

A few months ago, someone asked me to do a column about estates and appraisals since she " ... just didn't understand it at all." No problem. No one really understands it until they have experienced it first hand. Since this sort of ties in with last week's column on treasures in the court books, I thought it appropriate to continue on the same subject.

I want to add that these treasures aren't found only in the courthouse. Those of you who live far away from your ancestor's origins can get the same benefits by reading records on microfilm. The LDS Church has microfilmed most, if not all, courthouse records from all over the United States and many from other parts of the world. You may view these records in the main genealogy library in Salt Lake City, or at your local Family History Center in or near your hometown. There's one in Newnan and, I believe, in Jonesboro. To find FHC locations, go to www.familysearch.org, the official Web site for the LDS Church. Your local FHC can order the microfilm for you (the last time I ordered it was $3.50 per film) and you may view it on their microfilm readers. They usually allow you to keep the film for about three weeks. And remember, don't stop when you find what you're looking for. Take the time to browse the whole film. Surprises can lurk on every page.

Estate settlements contain all kinds of information but they can sometimes be confusing. All records pertaining to an estate are listed in the Index to Estates in the Probate Court of the county where the person died. If there was a will, the index will tell what book and page number to look for, who the executor was and will list any other books containing records for that particular estate. If there was no will, the index will tell who the administrator was and will list the books and page numbers where information pertaining to settlement of the estate may be found. You may find yourself dragging out four, five or even six books before you get all the information. Depending on the organization of books in a particular county, you may go through will books, Ordinary Court minutes, guardianship records, bond books, inventory and appraisal books, and annual returns.

The will's record will tell when it was written and when it was "proved" and recorded. The witnesses who signed the will must sign an affidavit stating they witnessed the will before it can be officially recorded. There may be protests (as in the case of James Byram's will) and settlement of these matters will be recorded in the Ordinary Court minutes (Ordinary Courts later become Probate Courts). The will itself may give names of spouses and children as well as other relatives who may inherit. Witnesses may be family members or close friends.

The Ordinary Court Minutes will contain a record of who applied to administer an estate, in the case of those who left no will, and who posted security for the bond and how much the bond was for. The higher the amount, the larger the estate. Bonds are sometimes posted in separate bond books also. If land or property must be sold to pay debts, the administrator or executor will apply for permission through the Ordinary Court. The fact that the property is up for sale must be advertised before the court will approve the sale. This is similar to the legal ads we run today.

If minors were to inherit any kind of property, including money or slaves, someone had to assume guardianship to manage their inheritance. This record may be found in guardianship books or in the Ordinary Court minutes. Sometimes the guardian was the surviving parent and sometimes a relative or close friend. In any case, the inheritance had to be handled until the minor came of age. The guardian had to keep meticulous records and account for his spending in the annual returns.

By far, the most interesting records are the estate appraisal, inventory and sale, and the annual returns. Appraisers are appointed by the court and are charged with the duty of taking inventory of every scrap of property the person owned. Forks, knives and spoons, the family Bible and every piece of livestock are listed in the inventory. When the sale is held, every person who bought an item is named, along with how much they paid for each item. You will find neighbors, friends, relatives and in-laws among the purchasers at an estate sale. Usually, but not always, those making the most purchases are family members.

Until the estate is completely settled and the legatees receive their inheritance, all transactions must be recorded yearly in the annual returns. Here you will find to whom debts were owed and who owed debts to the deceased. The annual returns are sort of a "progress report" on how the settlement is going. And the settlement may take years to complete. In the final distribution, each person who received a part of the estate will be listed or, in the case of a minor, the guardian and the minor will be listed, along with the amount of the final distribution to each person. If there is no will naming the legatees, they will usually be listed in the final distribution. A husband usually accepted the wife's portion of the inheritance.

Wills and estate settlements are real eye-openers when it comes to who was who within a family and the paperwork can be overwhelming. But, don't get discouraged. Just jump in there and get started. Figuring it out is half the fun.

Stories and family histories about your ancestors who lived on Atlanta's south side are always welcome. Send them to jkilgore@thecitizen.com or JodieK444@aol.com. Mail to The Citizen, P.O. Drawer 1719, Fayetteville, GA 30214. All letters and e-mails I receive are subject to being used in the column.