Researchers should check court minute books

August 16, 2008 11:56 pm

— At most organizational meetings someone is taking notes or taking the minutes of the proceedings of that organization to ensure the needs of the organization will be accomplished.
The federal and county courts are no different. The court reporter compiles a transcript of the court case, everything presented before the officials of a board and the decisions they have made at the meeting. These minutes are descriptive entries of all actions taking place in the court process and the types of records are journals, register of actions and appeal briefs.
Black's Law Dictionary gives this definition for minute book -- it is a book kept by the clerk of a court for entering memoranda of its proceedings. A record of all actions authorized at corporate board of directors' or stockholders' meetings.
When researching in a courthouse, genealogists should find these books, to review and search for their ancestors' names. It is possible that your ancestor was not in a civil or criminal suit, but these minute books were used for other reasons.
In Johnson County, Tennessee, the circuit court clerk has civil minutes, criminal minutes and minute books. The chancery court and the county court have minutes.
Some of these minute books are not indexed, but would be worth the time spent in searching ancestors' names. Johnson County, Tennessee court minutes for 1836-1854 were found in the Tennessee State Archives in Nashville, and were indexed by surname and sessions listing the dates and page numbers.
Many times ancestors will be found in the minute books as an overseer of the public road. Other men in the community will be ordered to work for the overseer for a specific time, with instructions as to the location of the area they are to be in charge of. Sometimes they will be appointed as an overseer in room of (in place of) another person.
Wills brought to court to be proven will be found in the minute books and also estates of those who died intestate.
"Mary Shown widow of Isaac Shown deceased this day came into open court and waved her right of administration upon the estate of her husband and requested that letters be granted to Caleb Wills and Andrew Shown and the court being satisfied that said Wills and Andrew Shown were suitable persons and it appearing to the satisfaction of the court that Isaac Shown late of this county departed this life without any will or testament it is therefore ordered by the court that Caleb Wills and Andrew Shown be appointed administrators of the estate of Isaac Shown, deceased and thereupon came Caleb and Andrew Shown and entered into bond with Peter Wills and James King Jr., their securities in the penal sum of five thousand dollars payable to the governor of said state and his successors in office conditioned for the faithful performance of their administrations of said estate and was qualified as required by law and thereupon it was ordered by the court that letters of administration be granted to them."
Guardianship appointments also will be found in court minutes and these are very important as all the minor children of the deceased will be listed even though they may not be listed in a will. Children who were at least 14 were allowed to choose their guardian.
In the Ross County, Ohio guardianship records, my ancestor Isaac Blair, the son of Phineas Blair is old enough to select his guardian. This is the only record listing his father's that I have.
Records of early Pennsylvania land records will be found in a new database provided by Ancestry.com.
The researcher will find the minute book "E-Book of minutes of the proprietors commencing from the 7th of the 12th month, 1689-90 and ending the 21st of the 1st Monday, 1691. Received of Secretary Peters and recorded the 21st day of July 1795 by me John Hughes." These records are the minutes of a meeting of the commissioners and deal will deeds of land.
"Thomas Hollingsworth (my ancestor) produces a warrant from the commissioners signed by William Markham, Samuel Carpenter and John Goodson dated 13th 1 Month 1692, granting 400 acres of land on Brandywine at a bushel of wheat per 100 (which (as is there recited) was granted at a penny an acre before to Valentine Hollingsworth (my ancestor)."
The commissioners signed a warranty of resurvey on three tracts, one to George Harland for 100 Acres, one to George Harland for 500 Acres and one to Thomas Hollingsworth for 400 Acres, all ordered on this day, in 1701.
When the researcher cannot find these minute books in the research area, ask a clerk where they are located and take the time to read them. Many times there are printed volumes in the libraries or state archives and may be available on microfilm. I have purchased microfilmed documentation on the Shown Family from the Tennessee State Archives.
When sharing information or sending in queries write to: Relatively Speaking, PO Drawer 1058, Norman, OK 73070 or e-mail Darlene Shawn at Djshawn636@aol.com.