Living in the County Archive: Wills

 

It’s a New Year and a new series for Record of the Month! “Living in the County Archive” will feature a different record series housed within the Licking County Records and Archives each month. We will examine what each record is, where it comes from, and why it’s important.

For the month of January, our spotlight is on Will Records. Originating from Probate Court, Wills are a legal document addressing a person’s last wishes and how they want their property distributed after their death. These documents have a lot of historical value when conducting genealogical research because these records typically list the names of a spouse and children. This information helps us to trace and verify familial linage.

Licking County Record and Archives houses some of the County’s historical loose will packets beginning in the mid 1830’s and in to the mid 1960’s. Here we have a will packet from 1950:

On this sleeve we can see when the will, when the application for Probate, and when the hearing were all filed. We can also see in what Journal or Record book the official copies pertaining to this deceased person’s will can be found.




 

The application for Probate of Will gives us a great overview of the deceased person and their family. From this page we learn where they lived, when they died, did they have a spouse, was their spouse living, and who were their children or next of kin? In our example here, we learn that Mr. Eder was from Johnstown, Ohio. He died on January 24th of 1950, leaving Tillie Eder his surviving spouse and two sons and one daughter as his next of kin.

 

 

 

The Last Will and Testament is the document that expresses the deceased’s wishes for how their assets will be divided and to whom.


 

 

Waiver of Notice and Consent to Probate of Will is the document that beneficiaries sign in order to forgo an initial hearing and tells the court they no longer have to provide notice of the proceedings. By signing this form beneficiaries also affirm the will’s authenticity. As we see in this waiver, all parties included have signed the document waiving notice.

 

 

The Subpoena of Witness to Will calls the witness to a court hearing to provide validation of the will and that the person who made the will was in fact of sound mind when the will was created.

 

 

 


Testimony of Witnesses to Will is the legal document that states a person, or persons, can account for the validity of the will. In this case, Robert Doughten and Floyd Gleason state that they “saw said testator sign said instrument” and that at the time Mr. Eder “was of full age, and sound mind and memory, and not under any restraint”.



The Journal Entry. Admitting Will to Probate means that the will was legally deemed valid and has been accepted in to probate court.


 

If you wish to learn more or conduct your own genealogical research and would like to view these records, please feel free to stop by or set an appointment by contacting 740-670-5121 or email at archives@lcounty.com.

Popular posts from this blog

Researching the History of Your House and Property

Image
Learning about the history of your house and the land it sits on can be fascinating.  The characteristics of your house can offer clues about the times in which it was built.  You can also usually find out who owned your property, from the early years of Licking County onwards. Be advised, though:  it can be difficult and time-consuming to find a lot of information.  In many cases it is not possible to learn exactly when a house was built, but you can usually at least surmise an approximate date.  And when you learn the names of the people who lived on your property, you can often gather more information about their lives. Government records were not usually kept which specifically indicate when a house was built.  Sometimes, though, you can find a good clue about the construction date by looking at old tax records.  If a tax record from a certain year indicates a major increase in the value of a property, this suggests that a substantial new structure was built. For Licking C
Read more

Licking County Children's Home

Image
The Licking County Children's Home on East Main Street in Newark was built between 1886 and 1888.  Orphans and other children from homes that suffered major difficulties were sent to live there from 1888 to 1975.  Thousands of children lived there during that period--some for a few days, and others for their entire childhood.  The Home also hosted events such as "lawn socials" which were attended by many people of the community.  An adjacent farm provided much of the food that was consumed at the Home.  Boys from the Home worked on the farm, and girls worked indoors.  Individuals, businesses, churches and organizations donated large amounts of money and gifts to help support and brighten the lives of the children. This year the building must be demolished because it is not salvageable.  To add to the historic record of the Children's Home, the Licking County Commissioners are asking that anyone who lived or worked there be interviewed.  Recordings of these inter
Read more

Marriage Consents and Returns

Image
A marriage return is a document that officially records a wedding. It is completed by the person, such as a pastor, who solemnized the marriage.   It is called a “return” because it must be returned to the court that legally records marriages.   Returns in Licking County have typically indicated the names of the bride, groom and person who solemnized the marriage, along with the wedding date.   Sometimes the names of witnesses are also included.  Older marriage returns were called "Marriage Certificates" in Licking County, because they provided the Probate Court with certification that the couple actually got married.  Today, a marriage certificate is typically the document which the court gives to a couple after they are married. A Marriage Return, sent by the minister to the Probate Court.  Note that these records were called "Marriage Certificates" in the 1920's. Marriage consents are documents proving that a parent or guardian gives consent for a per
Read more