Changes

Probate court records include wills, estates, guardianship, and naturalization records.  Occasionally, a stray adoption record may appear.

Probate court records include wills, estates, guardianship, and naturalization records.  Occasionally, a stray adoption record may appear.

=== Wills and Estates ===

=== Wills and Estates ===

Estate packets vary in size.  Some may be as small as 2-3 documents where others may be as lengthy as 150 + pages.  When making copies for researchers, check with the researcher to determine if he or she would like the complete file or only a partial file.  If the complete file is requested, inform the researcher of the approximate cost of the packet.

Estate packets vary in size.  Some may be as small as 2-3 documents where others may be as lengthy as 150 + pages.  When making copies for researchers, check with the researcher to determine if he or she would like the complete file or only a partial file.  If the complete file is requested, inform the researcher of the approximate cost of the packet.

=== Guardianships ===

=== Guardianships ===

Early guardianships are often misunderstood by amateur researchers.  Many believe guardianships were granted because both parents were deceased.  This is not the case.  When a wife was left a widow, many times she was not comfortable or was not able to be financially responsible for the child or children.  A family member, close friend, or respected citizen of the community would assume the role as the guardian for the child or children to oversee the financial needs of the child or children.  They would pay for school supplies, classes, clothing, and other immediate needs.  When the children would turn 14 or 15, they could request to have a different guardian appointed.  Usually, the guardianship would last until the female turned 18 or was married and the male turned 21.

Early guardianships are often misunderstood by amateur researchers.  Many believe guardianships were granted because both parents were deceased.  This is not the case.  When a wife was left a widow, many times she was not comfortable or was not able to be financially responsible for the child or children.  A family member, close friend, or respected citizen of the community would assume the role as the guardian for the child or children to oversee the financial needs of the child or children.  They would pay for school supplies, classes, clothing, and other immediate needs.  When the children would turn 14 or 15, they could request to have a different guardian appointed.  Usually, the guardianship would last until the female turned 18 or was married and the male turned 21.

Although the cover of the book titles the book, Will Abstracts, Estates and Guardianships Wayne County, Ohio 1852-1900 and the title page titles the book, Index to Wills and Estates in Wayne County, Ohio 1852-1900, the book includes abstracts of wills and guardianship only.  Part 1 includes an index to the wills and estates.  In the left most column, the last two digits of the year is given.  It is followed by a “w” for will or an “e” for estate.  The name is given in the next column.  The third column includes the file number for the record.  These can be found on microfilm.  The last column indicates the original volume.  “W” represents “Will Book” the number represents the volume number.  The numbers following the hyphen is the page number of the original source.  “J” would represent Journal.  We do not have the original journals in our collection.  The number next to the “J” represents the volume number and the number following the hyphen is the page number.  The names with a “W” next to them can be found in the book beginning on page 80, or part 3 of the book.  The abstracts in each will book are found separately.  They are in numerical order within each book by the page number.  See the introduction of the book to gain a better understanding of how to read the abstract.  Part 2 of the book includes an abstract of the guardianship.  These are listed between pages 46 and 79.  They are listed in alphabetical order by the parent’s last name.  The left most column includes the year of the guardianship.  The number following the pound sign is the file number which can be found on the microfilm in the department.  The final name given in the abstract is generally the guardian.  The letter “J” refers to the original journal with the adjacent number being the page number.  The numbers following the hyphen are the page numbers in the original journal.

Although the cover of the book titles the book, Will Abstracts, Estates and Guardianships Wayne County, Ohio 1852-1900 and the title page titles the book, Index to Wills and Estates in Wayne County, Ohio 1852-1900, the book includes abstracts of wills and guardianship only.  Part 1 includes an index to the wills and estates.  In the left most column, the last two digits of the year is given.  It is followed by a “w” for will or an “e” for estate.  The name is given in the next column.  The third column includes the file number for the record.  These can be found on microfilm.  The last column indicates the original volume.  “W” represents “Will Book” the number represents the volume number.  The numbers following the hyphen is the page number of the original source.  “J” would represent Journal.  We do not have the original journals in our collection.  The number next to the “J” represents the volume number and the number following the hyphen is the page number.  The names with a “W” next to them can be found in the book beginning on page 80, or part 3 of the book.  The abstracts in each will book are found separately.  They are in numerical order within each book by the page number.  See the introduction of the book to gain a better understanding of how to read the abstract.  Part 2 of the book includes an abstract of the guardianship.  These are listed between pages 46 and 79.  They are listed in alphabetical order by the parent’s last name.  The left most column includes the year of the guardianship.  The number following the pound sign is the file number which can be found on the microfilm in the department.  The final name given in the abstract is generally the guardian.  The letter “J” refers to the original journal with the adjacent number being the page number.  The numbers following the hyphen are the page numbers in the original journal.

   

   

=== Final Records ===

=== Final Records ===

Final Records were recorded in Wayne County, OH Probate Court beginning in 1852.  The Ohio Constitution of 1851 removed probate jurisdiction from the Court of Common Pleas and created a separate Probate Court in each county.

Final Records were recorded in Wayne County, OH Probate Court beginning in 1852.  The Ohio Constitution of 1851 removed probate jurisdiction from the Court of Common Pleas and created a separate Probate Court in each county.

=== Supreme Court ===

=== Supreme Court ===

Criminal and civil cases were normally tried in the Supreme Court in the early years of Ohio court history.  Prior to 1843, divorces were recorded in the Supreme Court.

Criminal and civil cases were normally tried in the Supreme Court in the early years of Ohio court history.  Prior to 1843, divorces were recorded in the Supreme Court.

Our department has one reel of microfilm for the Supreme Court dockets.  The reel includes volumes 1-3 covering the years 1813-1852.  There is an index available in the front of the volumes 1 and 3.  There is no index for volume 2.  The index is organized by the first letter of the surname of the plaintiff.  The name of the defendant is given as well as the page number included on the microfilm.  The defendants’ names are not indexed.  Some of the entries go on for pages, including much detail for researchers to read through.

Our department has one reel of microfilm for the Supreme Court dockets.  The reel includes volumes 1-3 covering the years 1813-1852.  There is an index available in the front of the volumes 1 and 3.  There is no index for volume 2.  The index is organized by the first letter of the surname of the plaintiff.  The name of the defendant is given as well as the page number included on the microfilm.  The defendants’ names are not indexed.  Some of the entries go on for pages, including much detail for researchers to read through.

=== Chancery ===

=== Chancery ===

Not all volumes are indexed.  Many of the entries include many pages.

Not all volumes are indexed.  Many of the entries include many pages.

=== Journals ===

=== Journals ===

These documents usually give a more detailed description of what took place during a case that was being tried.  The Common Pleas Court had criminal jurisdiction extending to “all crimes, offenses and misdemeanors, the punishment whereof is not capital…” (page 369, volume II of History of the Courts and Lawyers of Ohio by Carrington T. Marshall, published in 1934).  Simply stated, the Common Pleas Court had administration of civil and criminal justice.

These documents usually give a more detailed description of what took place during a case that was being tried.  The Common Pleas Court had criminal jurisdiction extending to “all crimes, offenses and misdemeanors, the punishment whereof is not capital…” (page 369, volume II of History of the Courts and Lawyers of Ohio by Carrington T. Marshall, published in 1934).  Simply stated, the Common Pleas Court had administration of civil and criminal justice.

   

   

=== Appearance Dockets ===

=== Appearance Dockets ===

Theses court documents served as a calendar of cases to be tried in a specified term.  They are not organized by name.  Rather, they are organized in the order the case is to be heard.  Within each term, they are organized by the first letter of the Plaintiff’s surname.  The names of both the Plaintiff and the Defendant are given in addition to the page number.  There is no index for the Defendants’ names.  Some volumes do not include an index.

Theses court documents served as a calendar of cases to be tried in a specified term.  They are not organized by name.  Rather, they are organized in the order the case is to be heard.  Within each term, they are organized by the first letter of the Plaintiff’s surname.  The names of both the Plaintiff and the Defendant are given in addition to the page number.  There is no index for the Defendants’ names.  Some volumes do not include an index.

=== General Index ===

=== General Index ===

On microfilm, we have the Wayne County Common Pleas Court General Index 1817-1874.  It is unknown which volumes this index refers to.  It could be to the original books located at the courthouse.  It is known that the General Index in our collection does not respond to any of the Common Pleas Court records we house in our collection.  Information in the index includes: month and year of term, plaintiff’s name, defendant’s name, record (book, page), and exec. (book, page).

On microfilm, we have the Wayne County Common Pleas Court General Index 1817-1874.  It is unknown which volumes this index refers to.  It could be to the original books located at the courthouse.  It is known that the General Index in our collection does not respond to any of the Common Pleas Court records we house in our collection.  Information in the index includes: month and year of term, plaintiff’s name, defendant’s name, record (book, page), and exec. (book, page).

One of our volunteers has started to index the Common Pleas Court records.  She has started with the Chancery records.  A couple years ago, a self-publisher borrowed our department’s reel of Supreme Court records.  She abstracted the information but has not published the book.  Eventually, it is the goal of our department to have an every name index for all reels of the Common Pleas Court records.

One of our volunteers has started to index the Common Pleas Court records.  She has started with the Chancery records.  A couple years ago, a self-publisher borrowed our department’s reel of Supreme Court records.  She abstracted the information but has not published the book.  Eventually, it is the goal of our department to have an every name index for all reels of the Common Pleas Court records.

==Resources==

==Resources==

** “Additions and Corrections to the 1st 5,000 packets…Probate Court Records”

** “Additions and Corrections to the 1st 5,000 packets…Probate Court Records”

** “Additions and Corrections to the Common Pleas Court 1818-1852”

** “Additions and Corrections to the Common Pleas Court 1818-1852”

[[CATEGORY: Court]]

[[CATEGORY: Court]]

[[CATEGORY: Topics in genealogy]]

[[CATEGORY: Topics in genealogy]]