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Deed Text

This is part 2 of a series of posts I’m doing on land records. I created a new lecture on this topic last year and I’m pretty excited about sharing what I’ve learned. You can read the first post if you missed it before.

My goals are to outline general types of deeds, show examples, and point you to some other resources for further study. There are lots of other sites and other blog posts that cover deeds more extensively, but my current interest in them made them a “must-post” anyway. Of course as with anything in genealogy, there are differences that will exist depending on the state involved.

Land records contain dense and wordy legal language that can be difficult to weed through. I’m going to cut out a lot of the legalese in the examples and just quote the relevant language. Although sometimes complex, they are a rich record set and the patient and diligent researcher can be rewarded with evidence possibly not available anywhere else.

A few basic concepts first: a deed is defined as a formal document that transfers property from one party to another. The seller is referred to as the “grantor” and the buyer is referred to as the “grantee”. Most land records are indexed by both grantor and grantee and when researching, you’ll need to check both indexes. Deeds are also sometimes referred to as indentures.

Deeds will typically contain:

  • the names of the buyer and seller
  • the date it was written and recorded
  • the consideration (fee) paid
  • a description of the land, possibly adjacent landowners or history
  • signature or mark of the grantor and if required, any witnesses, acknowledgement or proof, and
  • a dower release (if required)

I’ll talk about the dower release in a later post.

Some of the most common types of deeds are:

1. Warranty deeds:  This deed warrants (i.e., guarantees) clear title to the land. Look for words/phrases like warrant title or guarantee title. Most deeds will be of this type.

“This indenture made…between A. Gammel and A.S. Brooks…hath sold…all that parcel or tract of land…and the said A Gammel…will warrant and forever defend the right and title thereof.

Of particular interest to African-Americans, try to find the first deed where your ancestor purchased land. Research the person who sold them the land–many times, former slaves purchased land from their former slaveowner. In 1882, in Montgomery County, MD, Isabella Smith purchased land from Margeret Beall, who turned out to be her former owner. Even still, always trace the origins of the land your family owned. If not former slaveowners, you may find other relatives.

2. Deed of Trust (or Trust Deeds): This type of deed secures a debt. Property is usually transferred to a third party called a trustee. If the debt is not repaid, then the property can be sold. These are important for African-Americans; sharecropping agreements can be found in these types of deeds. They also provide a close look  of what life was like for the average farmer. Look for phrases referring to a trustee or third party, and also discussion of a debt and when it is to be repaid (Note: Church deeds were often sold by and to the trustees of the church, and they are usually named in the deed. This is a different use of the word. Thanks Renate!) For many of my Tennessee sharecropping ancestors, the debt was repaid in November, which was when the crop was harvested and sold:

“We, George Holt and wife Leonia…do hereby transfer to Douglas Shull, trustee, the following tracts of land…we are indebted to J.S. Dickey…for $275.40 due November 12, 1928…and this conveyance is made to secure the payment.”

These records will also name the property being used as security, and you’ll see descriptions of animals and crops, as here:

“ I am indebted to KW Welsh by note $106.10 made June 1, 1909 and J.W. Holt as security, also for merchandise and supplies furnished…I have sold unto trustee JH Joyce, 7 acres of cotton and 1 mare named Roxie.”

3. Deed of Gift: This deed conveys property often without a normal purchase price. You’ll often find fathers and sometimes mothers conveying land and/or slaves as gifts to their children using this instrument. You will often find the phrase “for love and affection I do hereby give…” or similar language.  These are very important for researching enslaved ancestors and finding this kind of deed (or a bill of sale) could be the key to breaking down a brick wall.

“Alex English Sr….for love and affection have this day given to my son John’s oldest son James, 1 negro man named Peter, to his second son, Alexander, I give 1 negro woman named Betsey….”

Look for some of the phrases I mentioned above when unsure about what type of deed you are viewing. Like anything else, the more deeds you examine, the easier it will become to recognize the language more quickly. Using a deed extract form when you’re just beginning will be of a great help.

In these posts, I’m only scratching at the surface on deeds. The premier book that every genealogist should have is “Locating Your Roots: Discover Your Ancestors Using Land Records” by Patricia Law Hatcher.

Take a look at any deeds you’ve collected on your family thus far, and see if you can determine their type. In Part 3, we’ll look at more deed types & examples, tips and some related concepts.

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I was at the Reginald Lewis Museum in Baltimore this past September, presenting my first lecture on using land records effectively. Because it’s  a museum dedicated to African-American history, I wanted to focus not just on genealogical use of the records, but also the unique history between land and African-Americans and its relevance to our family histories.

I started with the failure of Reconstruction to provide former enslaved laborers with  land ownership, dooming most to decades of sharecropping and tenant farming. In spite of that, by 1910, African-Americans had amassed 15 million acres of land, a figure that astonishes me even still today. The great migration north, along with continual discrimination in agricultural subsidies and loans have decimated those numbers today. Obama signed the law in December 2010 that fully funded the landmark Pigman vs. Glickman case, which we should all know about. The Department of Agriculture admitted to historical discrimination, and black farmers were awarded billions in the largest class action settlement ever.

The subject fascinated me more and more as I researched in preparation for this lecture. As an agricultural nation, land was central to our experience. Heck, it’s why we were brought here to begin with. In some of my slavery studies, I have found that some former slaves felt emotionally tied to the land they worked; some determined that it was as much theirs as their owners.

Think about how it wasn’t enough to just buy the land: who was going to provide seed & fertilizer? How were you going to get animals and tools? Like everywhere else, the South moved on credit.  These things lead you to see how hard a proposition it was  to even approach independence. Never mind the racism and violence and illiteracy on top of all that.

I think about my 3rd great grandfather, John W. Holt, who was the largest black landowner in Hardin County, TN in the early 20th century. His first land purchase (with his brothers) was only 6 years out of slavery. All of this and at his death, his son sold most of that land out of the family. Also, consider that many families who later migrated North were simply not as connected to the land as their parents, and many lost it to tax sales or simply sold it because of that.

One thing that particularly struck me was the use of partition sales by speculators and developers to wrest control of inherited land from heirs. The majority of black farmers who owned land did not leave wills, so their land was inherited by spouses and children. All someone had to do was buy one share from one of those parties, and they could now force a sale of all the land. Some of these sad stories will take your breath away.

I don’t think I’ll ever think about land the same way again. Take a look at some of the links below, but more importantly, think about the history of land as it relates to your family lines. In what ways did it make or break their fortunes? Did some choose to stay on land owned by previous owners? For how long? Which lines were able to eventually purchase land, and did they end up losing it? Do you have pictures of the old homeplaces that no longer stand? What crop did your ancestors grow?

Black Farmers Win Settlement; Congress passes legislation

Black Farmers Losing Land

Homecoming: Black Farming and Land loss

Timeline of Black Land Loss

A Vanishing Breed, Black Farm Owners in the South, 1651-1982

Tell me, what stories about your ancestors relationship to the land have you discovered in your research? If you haven’t searched the records fully yet, what has been your biggest obstacle?

In Part 2 of this blog post, I’ll provide some basic definitions and examples of deed types that we can build upon in future posts.

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Have you been sure to check for social security applications for all the women in your family? I have been surprised at the number of women I have been able to find who had SSNs. And look at the wonderful little tidbits of information provided. In the one below for “Cora Holt” , the “OK” in parenthesis meant that her mother lived in Oklahoma.

And the one below is just like my great-grandmother Beatrice: ever the detailed one. Look at all the extra data on this document.

One more for Grace Howard:

Have you found many SS5 cards for women in your trees?

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I’ve always known that maps are an underused but vital part of genealogy research. I think the difficulty in finding them and correlating them contributes to this for most people. Recently, I had an example where maps helped me to better understand connections between enslaved ancestors.

My Prather family is from Montgomery County, Maryland and I have been studying them alot recently, trying to make sense of the mountains of data I have acquired so I can finally write this line up properly. One thing I’ve learned (the hard way)and believe is that even though most of us spend years gathering data, the real rewards come when you spend MORE time analyzing and assessing what you have. That is a skill that improves the more you read case studies, especially the ones in peer-reviewed journals like NGS Quarterly which I’m a big fan of. I can’t tell you how many things I realized I already had the answers to, once I sit my tail down
and actually look at things. It also helps to have new and fresh eyes look at your research which is why it helps to have good genealogy buddies.

I went off on another tangent which I am prone to do, but back to maps & my Prather family. Montgomery County has a few unique records that help to uncover enslaved ancestors. Maryland ended slavery in 1864, and in 1867, slaveowners were hoping to be reimbursed for those slaves the way that D.C. paid slaveowners. That didn’t happen, but the counties compiled
a record of slaves that each slaveowner owned back in 1864. These are great records because they list surnames and ages of slaves, and also note which ones had “run off” to the military.

Two other records that were priceless were a series of tax records in Montgomery County that named slaves along with their ages from 1853-1864 (not every year), and the D.C. Emancipation records I mentioned above included many Montgomery County families who were hiring out their slaves in D.C. In the D.C. records, the slaveowner had to note how he got title to the slave and you can see all the many ways that happened. (Those records are now on Ancestry).

I said all that to say, I finally found slaveowners of several family members & related families, but I really couldn’t get a feel for why they were spread out amongst so many different people until I looked at an 1865 and an 1866 map of the area. My ancestor Levi and his probable brother Wesley were owned by Dorothy Williams. Dorothy was the former Dorothy Belt who married Walter Williams. When she became elderly, her son James Williams is shown as owner of her slaves.

I’ve spoken of Levi’s father Rezin Prather in another post, but he turned out to be owned by Nathan Cook. Nathan had inherited Rezin from his wife who was a member of the Magruder family. I’m still not exactly sure who owned Levi’s wife
Martha Simpson, but I am leaning towards the Griffith family. The Blunt family owned the wife and children of another Prather (probable) brother, Tobias. When I looked at the 1865/1866 maps shortly, you can see “James Williams” and “N Cook” (Cooke) live in close proximity. Also nearby are the Belt,Griffith and Magruder families, and the Blunts are to the far left of the map. Now it all made more sense.

1865 Map

This speaks to the prevalance of slaves living in “abroad” families, i.e., forming kinship relationships amongst slaves living on nearby farms. A great book about this is “Joining Places: Slave Neighborhoods in the Old South” by Anthony Kay.

After slavery, a deed showed the sale of land from former slave Vachel Duffy to a group of trustees to build Brooke Grove Methodist Church, where my ancestors worshipped and were buried for decades. Those trustees included Levi and Wesley Prather, Wesley Randolph, John Ross,and  later Rezin Prather & others. The 1880 census shows these men living in close proximity, and the 1879 map also shows Duffy, Resin Prather (“R. Prater”)and Wesley Randolph (“W. Randolph), along with the church (“Brooke Ch”). Vachel Duffy’s name is mistakenly rendered as “Rachel Duffy”.

1879 Map

 Two of the maps I purchased from the Montgomery County Historical Society and another I bought for $35 online at a historic map company because I wanted a large full size one. I see the Maryland State Archives map collection has several in the 20th century I’d like to look at to see if I can better locate the old family house, which is no longer standing.

Have you had any luck with maps in your research yet?

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I’ve been given some gifts lately by the genealogy spirits. I think they are designed to gently ease me back into the fray after my maternity break of several months. This is another really good one.

I have made many connections over the years with relatives, as we discover we are both researching the same family or community. Last year, I spoke with a new cousin named Jahrod and we found we traced back to the same roots in Somerset County, Maryland. Recently, he shared with me an apparently new link that has recently been made available online. It’s a part of the Maryland Historical Trust, and it is an Inventory of Historic Properties in the state. It’s a beautifully designed website but the data is the true goldmine: all the original applications from historic places in Maryland have all been uploaded and are available to the public! Why did he send me this? I was up until 2:00AM. Trust me, when you have a new baby, that is NOT what you need to be doing..LOL. This is the homepage:

You can search by county, address, property or do a simple text search. Since I have two major ancestral counties in Maryland (Somerset and Montgomery) I was just in hog heaven.This is the search screen:

The beauty of these files is that many of them have pictures of the properties, which may not be standing today. There is good genealogical information as many have a chain of title for the deeds to the properties listed, maps showing specific locations, as well as a brief historical background. The quality of each application varies according to who filled it out. Some were sparse, and some ran more than 50 pages.

The jewel for Jahrod and I was that the entire community in Somerset County where our ancestors lived, which is called “Upper Hill”, was designated a historic site! Using these files, it is possible to recreate the entire neighborhood from right around the turn of the century. These forms were completed in the 1970s. One application mentioned one of my brickwall ancestors, the Rev. Daniel James Waters. He apparently owned land in Somerset County when he died intestate in Delaware in 1899. The land was awarded by circuit court decree to another man named John Waters. I have just ordered a copy of the court case, hoping that it will illuminate some relationship between the two men. I haven’t had a new breakthrough on this line in years.

The community of Upper Hill used to be referred to in the early 19th century as “Freetown”. This is likely a nod to the fact that the area was populated mostly by freed blacks, many of whom carried the surname Waters. The white Waters family was a large, multi-generational slaveowning family. A few members were Quakers and freed slaves in the early 1800s, including my ancestor Joshua Waters, who was the father of Daniel James Waters.

This database also had a large file on one of the houses of the slaveowning Waters family that is still standing. Lots of terrific history in that file. My friend Aaron over at In Honor of Our Ancestors told me last year that he found a file on the slaveowning family in a historical trust database. So I did a short walk around the web trying to see if a resource like this exists for other states. Pennsylvania, Texas, Ohio and Arkansas are just a few of the states that seem to have similar databases online. Here are some links you can explore at your leisure (especially the 2nd link):

The National Register for Historic Places (NRHP) has started to digitize their over 80,000 files
Their site also had a terrific link to other states’ inventories that may be online (GREAT list)

Virginia has a 72 page PDF file of its list of properties and the files themselves are available to view at the Library of Virginia. For Virginia, also check here.

North Carolina simply had a list of historical preservation links, may be something hidden here.
Same for South Carolina.
Every resource counts. In my case, this one gave me a significant lead on a brickwall ancestors as well as provided lots of good historical information for my various write-ups. Please email me if you search and are able to find something significant in these records!

 

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Well, it’s been awhile since I posted and that’s because I had a bouncing baby boy in August who has been keeping me happily busy. I haven’t had much time to do genealogy, to say the least. But I think in the next few months I can start putting a toe back in the genealogy waters every now and then.

This was actually one of my major genealogical finds of 2010, but I didn’t get a chance to post it.  Back in July 2010, I was cleaning out my office (in typical nesting mode) and ran across some print outs I’d made years ago from one of the Southern Claims Commission Indexes. I had never found any relatives when I searched these before, but I’ve posted about the great finds that are possible . The particular indexed name I had was a white man who, oral history said, had fathered a child with my 4th great grandmother, Margaret Barnes in Hardin County, Tennessee. His name was Ben Rush Freeman. I had never found anything in many years of researching, so I didn’t think much of it, but I figured since Footnote had most of the Southern Claims Commission files online, I might as well look before I chuck that piece of paper.

I can’t adequately explain to you the utter astonishment and then rush of excitement as I pulled up Ben’s 45+ page file and found that Margaret was one of his witnesses!!! This was stunning first and foremost because I only have information about Margaret from one court case, oral history, and census records. She was born in the early 1800s, so I had sort of given up the hope that I would find anything significant about her.

The Southern Claims Commission was set up to repay loyal Southerners who had had property taken or destroyed by the Union Army during the Civil War. One had to have witnesses to attest to the damages, and many times, for slaveowners, they had former slaves as witnesses. Margaret testified to the fact that hogs were slaughtered, horses taken, and some other parts of the crop. It gave her age, and stated that she was not owned by Mr. Freeman but worked for Mrs. Barnes.

Margaret Roberts had been a freedwoman in Hardin County, or a “bonded slave” as they referred to her. She was “purchased” by John Barnes in 1838, and appeared on the census in his household in 1840 and 1850. By 1860, she had taken on the surname Barnes, John had died and she was living with his widow Elizabeth. Margaret was listed as a mulatto woman with several mulatto children. She last makes an appearance in the census in 1870.

Another thing that makes this file critical to my research is that her son, Campbell Barnes, also testifies! Campbell was listed on the census record with his mother in 1850, but I only could locate a “Cam Barnes” living in neighboring McNairy County in 1880. I thought this might be her son—and this file confirmed that it was, when it noted that he lived in McNairy County. His testimony also stated that he went away with and joined the Union Army, and returned after the war (I haven’t found him listed formally as a soldier). When asked who he had been owned by, he reiterates that he was never a slave, but that his mother had been a free woman and was purchased by John Barnes as a young girl. Again, this confirmed information I had already discovered. This find also, in my mind, greatly increases the chance that Ben Rush Freeman was indeed the father of at least one of her children. She states in her file that she was sent over frequently to help him by Mrs. Barnes. Having her in such continual close proximity makes sense.

Here is copy of the first page of Margaret’s testimony. You can see “col’d” is listed after her name, identifying her as a colored woman (click on the image to see it enlarged).

I never found Margaret here in the past because the Southern Claims Commission files weren’t online when I first looked at them and I didn’t think to pull Ben Freeman’s file at the time. But what I’ve learned, and hopefully you can benefit from, is to also search these files for neighbors, relatives and associates of your slaveowner. I thought it interesting that many of Ben’s close family members and friends also filed claims. Of course, there were just tidbits here about Margaret, as the primary purpose of the testimony was to ascertain the facts about the lost goods. But every bit counts. I kept wishfully thinking, “Why don’t they ask her parent’s names???!”

 

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I have talked here before about the benefit of researching court records when you get to the intermediate/advanced stage of your research. Divorces are found within court records.

I was amazed when I first started looking at these at how many people got divorced. Sure it’s no where near the rate we have today, but still, there were lots more divorces than I would have thought, even back in the 1800s. As we all know, there’s nothing going on today that hasn’t gone on for all of time and human relationships are no different. Divorces can give you unique insight into people and circumstances. Some of them do indeed strike me as funny today, but I’m sure they weren’t funny for the people going through them at the time.

First, you’ll want to find out what was the name of the court for your state that handled divorces for that time period. Many times (but not all) I find them in Circuit Court Records. If you’re lucky, by the 20th century you may find some sort of separate name index like I did for Montgomery County, MD. Earlier circuit court minutes may have indexes in the front of individual volumes. What you want to try to search for is the case number. The case number should lead you to the actual case files, if they survive. The case files are usually the original bound pieces of paper; these may include the original bill of complaint and answer, testimony and depositions, letters from lawyers and the final divorce decree among others.

I recently found one for a relative, John Prather. It had sorts of jewels inside, including his original date of marriage, which I had been unable to find in the marriage records. Sadly, it appears his wife left him, possibly for another man (or men;)). He didn’t see her for 3 years, and the court finally granted him a divorce. Even his older sister testified. Here are a few of the documents:

Lawyer's letter

Testimony

Sister's Testimony

Final Decree

I do a genealogy lecture on court records where I talk about my ancestor Joseph Harbour. He only appeared on one census record (1880) but when I looked at court records, it looked like he was committing a crime every other week! His divorce was hysterical. If I had just stuck to the typical records, much of his life would have remained a mystery to me.

Here is an example from a divorce in Hardin County, TN. This was between Felix and Matilda Harbour in 1899. It mentions their place and date of marriage, very valuable information because it occurred in another state and county. This case is sadder in that Matilda details physical abuse:

Matilda 1

Matilda 2

Also, the Family History Library does have court records and some actual case files microfilmed; I found this Hardin County one there, so check for your county/state to see what court records they have.

So…check them out when you can. If any of you have found any interesting divorce records, I’d love to hear about them.

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