What Paul neglected to mention is: when you are asking the Clerk about the
Probate Records, ask also whether the Court Minutes have been indexed and
where you might find the index.  Many local Genealogical Societies and/or
Historical Societies have done this.  I've found them in several Court
Houses lately!  I am extremely grateful to those folks.  It has made a job
easy that was once nigh impossible unless you had good eyes and a week to
spend in the County.

Mickey

-----Original Message-----
From: Research and writing about Virginia genealogy and family history.
[mailto:[log in to unmask]]On Behalf Of Paul Drake
Sent: Thursday, July 31, 2003 5:00 PM
To: [log in to unmask]
Subject: Fw: [DRAKE] Court Records


Paul,

    I have several questions.  Please explain: in the courthouse at
Southampton there are both Minute Books and Order Books, what is the
difference and what types of information might each have?

***  Very early there were many differences, yet over the centuries those
terms were used loosely and often almost as synonyms.  Early, the "minute
book" was a "day book" or diary of sorts in which a clerk (and sometimes the
judge, when the clerk was absent)  made running notes of what happened in
the courtroom as the days passed.  Such entries included any unusual
incidents, who all appeared that day and why, what witnesses were there, the
names of lawyers and judges, and any other events that were noteworthy,
including the weather if it was in any sense inclement, literally almost
"minute by minute".

***The "order books" were/are those notebooks in which the judge or the
clerk entered the judges "orders" - the dispositions of cases, and often
included his rulings made in the course of trials, rulings on motions,
objections, actions of grand-, petit-, and coroners juries and inquests, and
such as matters of contempt and the findings of those who listed tithables
and raxes.  Anything the judge ruled on went into the order books    Those
"order books" later often and in other jurisdictions were called "journals",
and entries in those were known as "journal entries".  It should be apparent
that many matters in the minute books were critical to the orders found in
the order books, and so confusion and duplication reigned.  As a researcher
you must carefully review such materials wherever those records are extant.

***Notice that very often at first, and almost always as the 19th century
approached, order books were indexed in the names of the parties to whatever
actions were being taken, while minute books are almost always in
chronological order - BIG difference there.

    I know you have explained this once before, but I am thick headed.
Persons dying without a will, how are their estates generally handled, and
where would find the information regarding such estates?

***There are 2 principal categories of death; testate where the decedent
left a will, and intestate where there was no such document.  In a will, an
executor/executrix was/is nominated by the decedent in the will and usually
accepted to that task by the court.  In intestate death, the court appoints
a administrator/administratrix who sees to the duties that the executor
would have done had there been a will.  In both cases and in all other
probate death proceedings the entire purpose is to conclude ALL the Earthly
business of the dead person, after which the estate is "closed".

***The volumes that have death records are called variously "estates and
inventories", "wills and administrations", "wills and inventories", "testate
deaths", "intestate deaths", and sometimes simple "estates records".  Best
thing to do is ask anybody working in the courthouse, "Where are the death
records, please?"  They will know of what you speak and will send you to
that office, whatever it is called in that state.

   And lastly, on several wills and deeds at the bottom, some signatures are
designated "seal" and others "his mark", am I correct in assuming that those
that are notated "seal" are an actual signature, whereas those notated as "
his mark" would indicate someone who could not sign his name?

***Unless the deed is an original (and VERY few are), the word "Seal" or
"LS" at the end of the deed simply means that the original had a seal
affixed.  The use of seals and the indication that there was one on the
original document gradually fell into disuse from 1850ish till the 1950s.
There are no seals required now, however if you wish to attach one to your
document, it is perfectly legal to so so.

***The seals had/have nothing to do with the literacy of the persons
signing.  The early history of the use of seals is very interesting, but not
appropriate for writing here.  Now you know more than anyone will ever ask
you about seals and signatures, Joe.  hahaha

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