COURTHOUSE RESEARCH
by Terry Kanago
c.1995

Smart researchers have long made use of the wonderful array of genealogy books available in libraries and historical societies, but find the information contained in many of them lacking in the authentic detail needed to transform an anchorless mss. into a period piece rich in time and place detail.

Historical Uses

Clerk of Court: vital records such as births, deaths, marriages (those old marriage licenses can tell stories you wouldn't believe!)

Probably the most valuable and easily accessible of records, probate files contain:

Here's an example of what you could stumble across:

"To my wife I leave her lover, and the knowledge that I wasn't the fool she thought I was. To my son I leave the pleasure of earning a living.  For 25 years, he thought that pleasure was mine.  He was mistaken.  To my daughter, I leave $100,000.  She will need it.  The only good piece of business her husband ever did was marrying her.  To my valet, I leave the clothes he has been stealing from me.  To my partner, I leave the suggestion that he take some other clever man in with him at once if he expects to do any more business...."

The story possibilities in this will excerpt are endless!  Did the lover murder the testator?  Perhaps the ne'er-do-well son?  What is the daughter's state of mind, hearing from the executor that not only is her marriage miserable, it is now public record.  And the widow.  Will she marry her lover?  Why did she take one in the first place?  Can a man as vindictive as this find eternal rest or will he haunt his descendants for centuries to come?  In this one piece of paper, filed in a dusty courthouse vault, are the seeds of a mystery, a coming-of-age story, a romance, a horror novel....  The choice is yours.

A probate find like this is solid gold.  If were to decide to research this situation, I would first start with asking to see the complete probate file.  From that I would learn the total value of the estate at the time of death, as well as a household inventory, listing the complete contents of the man's household (including furniture, art work, personal items) and a listing of how the estate was settled: moneys dispersed and the beneficiaries relationship to the decedent, expenses (the cost of his casket and it's description, etc.), location of any property he owned.

If I wanted to follow up on any of the plot ideas I suggested, there are many directions the search could take.   I'm interested in the wife and her lover.  What became of them?  I check vital records indexes to see if she remarried, and if so, to whom and how soon.  Did the son follow his father's advice?  I search the deed indexes to see if he acquired property and respectability.  The daughter and her ambitious husband -- vital records will tell me his name, age, parentage, occupation, date of death.  The business partner -- I can search the index of business licenses and deeds for a partnership agreement, then follow up after the date of death to see if the business continued to prosper or fail, check addendum to see if new partners were added.

Courthouse does not have to be this goal-oriented.  There is a wealth of general information available, as well.  If you are writing an historical set in 1885 Kansas, for instance, this is the course I would pursue.

First, check the probate index and select the names of several people who died between 1880 and 1890, making sure to investigate both testate (with will) and intestate (without will) files.  The most valuable information to be found here is the estate inventory.  It will tell you, down to the number of plates and cups in the household, exactly what the deceased owned at the time of his/her death.  It's an instant snapshot of life in that location and time.  Try to cover different economic classes -- this revealed by the total value of the estate recorded on the cover of the folder.  Don't forget, however, that these people are probably 1, maybe 2, generations older than your character.  Assuming  that my hero is 30 years old, he would have been born in 1855 and die (I know we hate to even think of this!!) at the ripe old age of 75 in 1930.  Pull some files from that era, too, to give yourself an overview of his entire lifetime.
 

The County Recorder of Deeds is a lovely place, too often overlooked by researchers.  The treasures you can find here are:
a) deeds -- gives detailed descriptions of waterways, land features as well as a social history of relationships between various families.
b) plat maps -- usually updated every 10 years.  Very useful for layout of small towns
c) sometimes dower statements--wonderful insight into the legal status of women and children in that time and place.
 

Circuit/Superior Court

 

This is one of the most fascinating historical records available to the researcher.  In my own search, I found this case.

On August 12, 1834 in Marshall County, Tennessee, Mary Ann Montgomery (the daughter of a prominent land owner) filed a petition with the circuit court for support of her infant daughter Adeline Demont Montgomery, to be paid by the Rev. Josiah Bracheen.  It was the second case heard that day, and the defendant pled not guilty to the suit.  At that time, the plaintiff's brothers appealed to the court for a brief recess, which was granted.  It was apparently a short one, because only 1 case was deposed before the parties returned to court.  Rev. Bracheen then requested his plea be changed to guilty and offered a monthly support of $20.  The brothers again asked for a recess, but the defendant begged for the request to be denied, and amended his offer to $25 per month.  The brothers accepted this offer and withdrew the request for a recess.  The court concurred, and closed the case.

I don't know about you, but there's little doubt in my mind what went on during that recess. <g>  One of the brothers was my great-great grandfather.
 

Contemporary Uses
 

This is trickier.  While the Freedom of Information Act still applies, most vital records are technically sealed to all but direct descendants of the parties involved.

County Recorder of Deeds: 

Superior Court:

Uses: say you wanted to write a story about someone suing the police force.  Search superior court indexes -- you'll probably find several cases to give you ideas.

Courthouse Etiquette
(or now that you know where they are, how to get the goodies):