Understanding Genealogy Sources: Why “Provenance” Matters

Before you rely on any genealogical sources for your family history research, you should know their provenance. Ask these questions about the records you find—and you’ll better understand the source and what it may (or may not) be telling you.

Provenance Genealogy

Genealogy Gems

In the art world, knowing the provenance of a piece is crucial to understanding its value. Provenance looks at an object’s origins, history, and ownership. These can shed light on whether the piece is authentic. In other words, it tells us whether it truly was created by the attributed artist in the stated timeframe. It also provides insight into the value of the item.

genealogical sources

Provenance defined

Genealogical sources: Why provenance matters

The principle of provenance is true for genealogical sources, too. Records created at the time of an event by eyewitnesses are generally much more credible. Documents created in places associated with your relatives, by people who knew them, are much more likely to pertain to them (rather than to other folks by the same name). The same holds true for objects that are passed down through the family. Therefore, whether you’re looking at a family Bible or a typescript of a reminiscence you find online, it’s important to learn as much as you can about it so you know how much to trust it.

Questions to ask about your genealogical sources

What type of document or item is it? When was it created?

The nature of an object or record can often tell you something about its history or credibility. In the case of a photograph, we might ask these questions:

  • What type of photograph is it? (tintype, carte de visite, Polaroid, etc.)
  • Is there printing or writing on the back of the photo?
  • If it’s a studio portrait, is the studio’s name and location identified?

For example, this photograph is a daguerreotype. It is a type of image taken on a silver-coated copper plate. Photo expert Maureen Taylor says these types of photos were in most use from 1839 to about 1865. You can learn additional clues from Maureen about using hairstyles, fashions, and other clues in the actual image in her book, Family Photo Detective.

lady_in_black_daguerreotype genealogical sources

Daguerreotype

Perhaps you have a manuscript in your grandma’s handwriting. Is it a diary or an autobiographical sketch? Is it dated or signed? Is it an original or a photocopy?

You will likely date these items, associate them with specific relatives, and judge the reliability of their contents based on answers to questions like these.

If a document isn’t identified, study it closely for clues as to what it is. Contributing Editor Sunny Morton has spent a lot of time studying old diaries and life story writings. Here are some tips from her on understanding them:

  • Diaries and journals were created gradually over time. You may see date headers before some entries and changes in the handwriting or ink. Entries often focus more on the present or immediate past than the deep past and they wouldn’t reveal future events because they hadn’t happened yet.
  • Autobiographical sketches or reminiscences may or may not be labeled and dated as such. These were usually written much later in someone’s life, often over a short period of time. The writer’s tone may be more formal, introspective, defensive, or self-conscious as she reflects on the past.

Look at all other documents and items that are associated with the source in question. For example, not long ago I received a box of old family items from my sister-in-law. The box originally belonged to my mother-in-law (Pat) and held an eclectic mix of mementos. One item of particular interest was a Guest Book sporting a cover made of wood. I immediately understood the significance of the cover because my father-in-law (Bill) had worked his entire career in the forest products industry. But that didn’t mean that the book actually belonged to my in-laws. Further examination was required.

genealogical sources

The Guest Log

Before removing the book from the box, I made note of what was tucked in around it. Perhaps all of these items were unrelated, or perhaps they had all come out of the same closet. Slow and careful examination is key identifying all the potential clues about the item.

It took several hours of reading through the various entries to determine that the Book was given to Pat and Bill as a gift by Pat’s parents. It contained many original signatures acquired over many years from a wide range of friends and family.

If you’re looking at digitized records online, read the description of the record collection. If you’re in an archive, read the finding aid or other collection description. (Genealogy Gems Premium subscribers can learn more about using finding aids in Genealogy Gems Premium Podcast episode #149.)

Records or artifacts may come with dates or timeframes associated with them. Sometimes there is no date or only a rough range of possibilities. You may have to rely on clues from several sources to date the item and match it up with your family history timeline. For example, this quilt was found in a suitcase in my Grandmother Pauline Moore’s closet after her death with this note pinned to it.

genealogical sources

The quilt made by my great grandmother

genealogical sources

The note that was pinned to the quilt.

She says in the note that it was made by her mother before her stroke, which occurred in the 1960s. Based on the flour sack fabrics, I would date it more in the range of 1925-1945. It’s possible that she may have hung on to all these scraps and made it later in life. But I know from past conversations with my grandmother that most of her mother’s quilting was done in the earlier timeframe. Adding strength to my theory is a dress that hangs in my laundry room. I inherited the dress from my grandmother years ago. I have photos of her wearing it in the pre-World War II era. It contains some of the exact same fabric that makes up the quilt.

My grandma’s 1940s house dresses.

Finally, with documents especially, consider whether you’re looking at the original version, meaning the first format it ever took. Whenever possible, consult the original. Indexes, typed-up copies, or abstracts are convenient reference tools. In some cases, they are the only versions you’ll be able to access. However, they may not be as complete or accurate. Handwritten copies of older originals may have been made in the days before photocopying technology.

Here’s a digital copy of a 4-page family history written by Sunny’s great-aunt Lena Hall (1903-1981). Sunny received this copy from her mother. The title “as told by” at the beginning hints that this is a typed version of an oral history. If an original audio taped version still exists, Sunny doesn’t have it. So in this case, this is the best version she can get.

genealogical sources

Document by Lena Hall

When was it written? A note at the end simply says the document was “copied by a niece” in 1987. It was created after 1950 because Aunt Lena names that as the year her father died. Aunt Lena states that her parents now had “25 grandchildren, 58 great-grandchildren, and 4 great-great-grandchildren.” Studying a complete family tree in descendancy view would likely reveal when her parents had only four great-great grandchildren—perhaps the best way to date this document.

If you can’t identify or assign a rough date to an artifact, consult a professional historian, genealogist, appraiser, or others with knowledge of particular documents or objects.

Where was it created and where has it been kept over the years?

Sometimes, family history sources are labeled with place names, like the city stamped on the front of an old photographic studio portrait. These can help you connect them with your family—or confirm that they don’t pertain to your family.

Where the source has been kept over time, and who has kept it, is an important part of provenance. For example, last summer, I was given this camera by my uncle.

camera and old film genealogical sources

He said it was originally owned by my grandma, Alfreda Louise Burkett. Much to our delight, we discovered that the camera had unexposed film inside! I scurried off to a few local stores, and quickly learned that the film pre-dated the current standard 35mm film, and they couldn’t process it. As I mentioned before, there are times when you will need to consult an expert, and this was one of them. Google led me to a specialty photography store about an hour from my home. It also served up this website which revealed that the camera type (Kodak Senior Six-20) was produced from 1932-1937.

The knowledgeable folks at the photography store connected me with a highly specialized film developer in Colorado. I’ve sent the film for processing. They told me the film type (C-22) can be dated to pre-1970s. This time frame makes sense: my grandma passed away in 1986.

As long as it has taken for this camera to make its way to me, I’m going to have to wait a little longer to see what the roll of film reveals. There is so little of this film still in existence that it can take up to 18 months for the developer to collect enough of it to warrant a processing run. When the happy day arrives that the photos appear in my mailbox, I’m optimistic that the images will further help me narrow down the timeframe between the 1930s and the 1970s when they were taken.

This chain of ownership—from my grandma to her son to me—is strong and reliable, based on my confidence in my uncle’s memory and honesty. This makes me more confident that the pictures inside that camera will be of my family. Stay tuned, because I will surely share the outcome here on the blog.

Why was it created?

The original purpose of a source is highly relevant to how much faith you put in its contents. For example, a woman might have altered her testimony in divorce proceedings in an effort to minimize damage to her own reputation and future. A man filling out his draft registration paperwork may have lied about his age or citizenship, either to avoid military service or in order to be included despite being under age. And most certainly newspaper articles may be filled with a variety of biases by the author, publisher, or those being interviewed. Give careful thought to these possible motivations when evaluating the contents of records.

Does it appear to be complete?

Whenever possible, consider a source as a whole. It’s tempting to want to zero in on the paragraphs or photos that interest you most, but you may miss out on important information that changes what this source has to tell you. The specific placement of a photo in an album can be as significant as the printed photographic image. A photo’s position can indicate the relationship of the people in the photo to others on the same page, or the timeline of events.

genealogical sources

Image: Genealogy Gems

Take note if any part of the source appears to be missing or illegible, especially if it appears that some of it has been deliberately removed, erased, or crossed out. You may be able to make more sense of the partial information—or take a guess at why it was removed—as you learn more about the family. (My grandma’s diaries from the 1930s gave me insight into this photo!)

There may be a perfectly innocent reason for the change. But you may also be seeing evidence that someone who wanted to erase unpleasant memories or conceal a scandal.

Who was the informant?

The informant in any record is the person who supplied the information. Sometimes this is the same person who created a record, such as the writer of a diary. In the case of a U.S. census, the informant is the person in a household who told the census enumerator about the people who lived there. In most cases, it’s impossible to know who the informant was. Thankfully in 1940, census enumerators were instructed to mark the informant with a circled “X,” as shown in these two households.

genealogical sources

Remember that a source may have multiple informants, who would have been in the best position to provide certain kinds of information. Below is the death certificate for Mary Mollie Overbay, beloved grandma and hero of Genealogy Gems contributing writer Margaret Linford. (Read more about her here.) In this death certificate, Informant #1 reported the deceased’s personal information, and would typically have been a close relative. Informant #2 provided the medical particulars relating to the death, and would typically have been the attending physician.

genealogical sources

Death Record Informants

 

What primary and secondary information is revealed in this record?

Historical evidence can either be considered primary or secondary information. Genealogical scholar Thomas W. Jones defines these terms in his book, Mastering Genealogical Proof:

  • Primary information is that reported by an eyewitness. Primary information often was recorded soon after the event, but it may be reported or recorded years or decades later.
  • Secondary information is reported by someone who obtained it from someone else. It is hearsay.”

The same document can include both primary and secondary information (which is why we now talk less about primary and secondary sources and more about information). On the death certificate above, Informant #1 shares the deceased’s last name, so was likely a relative. He likely had first-hand knowledge of the deceased’s marital status, spouse’s name, and occupation. If Informant #1 was the deceased’s father, he would also likely have provided primary information relating to the deceased’s birth, place of residence, and parents’ names. Secondary information he reported would include his own birthplace (as father) and that of his wife (since he presumably wasn’t present for it). If Informant #2 was the deceased’s attending physician, he would have provided primary information about the deceased’s immediate and contributing causes of death.

How do all these clues add up?

It’s clear that as genealogists our goal is not only to evaluate each family history source, but also each piece of information it provides. We need to scrutinize it from many angles and make some judgments. Asking the right questions helps us ultimately answer the all-important question: how much do you trust what this record is telling you?

Next steps: Keep learning

Is there more to do after you review a family history artifact or record and extract every piece of information from it? You bet! Create a research plan that will help you find other records to verify or shed additional light on the information in the document. For example:

  • If you’ve got a death certificate, look for other death-related records, such as an obituary, tombstone inscription, and funeral home records.
  • Follow up on additional leads provided in the source. A death certificate sometimes mentions a Social Security number or military service, both of which have their own paper trails.

If you’re new to research plans or looking for a way to take them paperless, you’ll find detailed answers in my video class “Using Evernote to Create a Research Plan.” The video and handout download are available to Genealogy Gems Premium Members.

Evernote for genealogy genealogical sources

Genealogy Gems Premium Video Class

Backing Up Your Genealogy with Backblaze – Q & A

Backing up your genealogy with Backblaze is a critical move if you want to protect your family history. Let us answer your questions and share with you how the cloud backup service Backblaze can be the answer to effectively backing up and protecting all your genealogy data.

backing up your genealogy with Backblaze

Recently, we received some great questions concerning the cloud-based computer backup service, Backblaze, one of our trusted sponsors of The Genealogy Gems Podcast. The answers to these questions will give you with the confidence to put a reliable cloud backup plan in place so that your family history remains safe and secure.

What is Backblaze?

Backblaze is an online back-up tool that stores copies of your computer files, and allows you to restore them in case your computer is lost, stolen, or destroyed. It offers unlimited storage and supports every type of file, including large video files and genealogy tree files.

Once installed, Backblaze works 24/7 through your internet connection to save every change you make. Backblaze also keeps your files safe offsite (at their data centers) with 24-hour staff, biometric security, and redundant power.

Unlike Evernote or Dropbox which are designed to allow you to work with your files across multiple devices, Backblaze is “set it and forget it” protection should the worst happen.

While you can sign-in and access your files from multiple devices, it’s primary purpose is to provide a back-up plan so you can restore your data if something happens to your computer. While external hard drives are great for when your computer crashes, they can’t help you if they are destroyed in a fire or flood along with your computer because they were both in the same location. Off-site backup and multiple copies (redundancy) are key when it comes to protecting your precious genealogy research.

Answers to Your Questions about Using Backblaze for Cloud Storage

Q: I am excited to begin using Backblaze for the first time! However, I am a bit uncertain of how to actually begin. Can you walk me through it?
A: Lots of our readers are a little uncertain when it comes to using something new. We have created a blog post titled “How to Download Backblaze in 4 Easy Steps” that will walk you through it!

Q: I have a number of computers at home and I also have a network drive. What does Backblaze cover? Will it back up everything?
A: No, and here are the details. You can have multiple computers backed up on your account, but each computer will require its own subscription (about $6/month). Backblaze can back up all file types and storage is unlimited, so large files from your hard drive are not a problem. It also backs up every time you make a change to a file and your backup will always have the most current version. You can view and restore your backed up files at any time via download, USB flash drive (mailed to you,) or USB hard drive (mailed to you.) Backblaze does not however support the backup of network drives.

Q: Does Backblaze also save earlier versions of my files like Dropbox does?
A: Yes. You can locate earlier versions of files or even files that have since been deleted. To learn how to do this, follow the step-by-step directions in this article from Backblaze.

Q: I live in a fairly remote location, and have a limited Internet data plan. Will Backblaze use a lot of data?
A: Backblaze, as with any Cloud backup service, does require a strong internet connection and could take days or weeks to completely back up your entire computer. This will depend quite a bit on how much data you have on your computer. If you have a limited data plan or slow internet, you could experience delays or what appears to be high data usage while the initial backup is occurring. Here is a link to a helpful page on the Backblaze website called “Bandwidth Speed Test to Backblaze”where you can test your internet speed. Backblaze is designed not to “throttle” or slow down the flow of uploads. It strives to use your full internet bandwidth. However, you do have the option to set it to slow down the backups. The “Bandwidth Speed Test to Backblaze” page provides instructions on how to  throttle your download speed so that it doesn’t use up as much bandwidth.  While this will cause your initial backup to take longer, it can clear help ease  up on the data usage and allow for your other internet activity. You can also pause backups, or set them to start manually or at scheduled intervals. Once your initial backup is complete, the data usage should slow down.

Q: Because Backblaze backs up my computer automatically and instantly, what happens if I get a virus. Will that also be transferred to Backblaze?
A: From Backblaze blog
“Since Backblaze is…continuously running online backup solution and is not locally connected to your machine, all of your backed up files would be available for restore with minimal or no data loss (depending on the last backup time before the machine was infected).”

A Note from Lisa About Backblaze and Genealogy

Lisa answers your questions“You’ve heard me talk about Backblaze on the podcast, and why it’s my first choice when it comes to backing up my precious genealogy research and personal files. I met their CEO Gleb Budman at Rootstech and after lots of research, I decided that Backblaze was the best cloud backup service out there! Maybe you’re still on the fence about it or maybe you’ve been putting it off, unsure of how complicated it is to set up or if it’s really worth the cost. So I got in touch with our friends over at Backblaze and we’ve set up a special offer for those of you have not yet begun protecting your data.”

Mr. Spock is Related to Captain Kirk?!? Celebrity Genealogy

"STWink Eye" by Source. Licensed under Fair use via Wikipedia - https://lisalouisecooke.com/wp-content/uploads/2015/04/FileSTWink_Eye.jpg.

“STWink Eye” by Source. Licensed under Fair use via Wikipedia – https://lisalouisecooke.com/wp-content/uploads/2015/04/FileSTWink_Eye.jpg.

After the passing of beloved actor Leonard Nimoy last month, MyHeritage.com took a closer look at his ancestry. Through resources on the world tree site Geni.com, MyHeritage discovered that this star of the Star Trek universe is related to another of its stars, though in the show they portray characters from different worlds.

According to a MyHeritage blog post, “Leonard Nimoy is William Shatner’s second cousin once removed’s wife’s first cousin once removed’s husband’s great niece’s husband’s fourth cousin’s ex-husband.”

Okay, so they’re very distantly and circuitously related! But they are, just like many of us. Click on the blog post above to see a chart showing their family relationship.

check_mark_circle_400_wht_14064Celebrity genealogy aside, do you want to chart your own topsy-turvy family relationships? Click here to find out about relationship calculators and how they help relatives figure out how they are related to each other.

 

Find Canadian Ancestors in Censuses from 1825 to 1921

canada_peg_figure_12111If you have Canadian kin, you’ll be pleased to hear that the 1825 census of Lower Canada is now searchable online, and the 1921 census will soon be available online, too!

The 1825 census of Lower Canada counted nearly half a million people. Heads of household were actually named, with other members of the household counted by category. You can search by household name or geographic location.

The 1921 census counted 8.8 million people in thousands of communities across Canada. According to the Library and Archives Canada Blog, the population questionnaire had 35 questions. The census also collected data on “agriculture; animals, animal products, fruits not on farms; manufacturing and trading establishments; and [a] supplemental questionnaire for persons who were blind and deaf. This represents a total of 565 questions.” The census was released this past June 1 from the national Statistics office to the Library and Archives. That office is processing and scanning the nearly 200,000 images for public use. It hopes to have them posted soon.

Here’s a sample page from the 1921 census population schedule:

Canada Census 1921 image

We think of Canada as a real melting pot today—or salad bowl, as they prefer. That wasn’t always the case. The 1825 census of Lower Canada counted mostly Europeans of French extraction. In 1901,  70% of Canadians claimed either British or French heritage. But in the first two decades of the 1900s, a huge immigration boom occurred that reached well beyond England and France. So the folks who show up on the 1921 census represented a newly multicultural Canada!

Start looking for your Canadian ancestors in the Library and Archives Canada’s popular Census Indexes, which include that 1825 census and a new version of the 1891 census, too. Watch the website for the 1921 census.

If your family arrived in Canada after the 1921 census, check out the website for The Canadian Museum of Immigration at Pier 21, where a million immigrants landed between 1928-1971.

How to Find and Use Land Records for Genealogy

Land records are some of the most underutilized, yet most useful, records available in genealogy. Often, they are the only records which state a direct relationship between family members. They can also be used to prove relationships indirectly by studying the land laws in force at the time. Sometimes they can even be used to locate an ancestor’s farm or original house, so that we can walk today where our family walked long ago.

Land records exist in the United States in abundance for most locations. Read on to learn how to find land records and how they can help you scale seemingly impossible brick walls in your genealogy research. Our guest blogger is Jaye Drummond, a researcher for Legacy Tree Genealogists.

how to find and use land records for genealogy

The History of Land Records

The search for new land is one of the main themes of American history, so it makes sense that land records would be an important part of researching that history.

The right to own real estate was not universal in most of the countries from which the majority of American immigrants came. And even when it was possible to own land legally, it was often too expensive and thus out of reach for most people.

As a result, the lure of vast expanses of relatively cheap and plentiful land has proved irresistible to millions of immigrants to American shores over the course of the past 400 years.

The land records created throughout those years to document ownership of all that real estate have accumulated in seemingly limitless amounts. Even in the face of catastrophic record loss in some locations, land records are generally plentiful. They usually exist from the date of formation of colonial, state, and county governments, where the records still exist.

Information Contained in Land Records

Due to the paramount importance of land ownership in what would become the United States, land records often are the only records in which you will find your ancestors mentioned in some areas.

And there’s good news! Land records often state relationships or provide other, indirect, evidence of family relationships. This makes them an invaluable resource for genealogists. 

Understanding what kinds of land records exist, where to find them, and how to use them is often critical to solving genealogical mysteries.

4 Types of Land Records and How to Use Them

There are four different types of land records that can play a vital role in your family history research. Let’s take a closer look at what they are and how to use them. 

1. Land Deeds

The most essential land record is the deed. Deeds document the transfer or sale of title, or ownership, of a piece of land or other property from one party to another.

Deeds usually concern land, or “real” property, but they also often mention moveable or “chattel” property, such as household goods and even enslaved persons.

example of deed index familysearch

Example of deed index, courtesy of FamilySearch

They sometimes, but not always, contain explicit, direct statements of relationship between family members. Sometimes this can be a parent-child relationship, but deeds can also include a list of people who are children or heirs of a particular deceased person who owned the land being sold.

Sometimes the language in deeds involving heirs makes it clear that the heirs are children, sometimes not, so some care must be taken not to assume that all heirs are children. Research in other records sets such as probate, census, and church records may make the relationships of the heirs to the deceased land owner clearer.

In the early years of a settlement, and sometimes later, deeds books also often contained other types of transactions, including the sale of enslaved persons and sometimes even wills. These are often records for which no other copies survive. Thus, surviving deed books should always be checked for ancestors and their family members in every jurisdiction in which you do genealogy research.

Also, remember to check published abstracts of deeds if they exist, as witnesses to deeds were not included in most indexes to the original deed books. Witnessing a deed was one of many ways relatives assisted one another, and thus the presence of one of your ancestors as a witness for someone else suggests they had some kind of relationship, which might lead to the discovery of previously unknown ancestors.

Also keep in mind that not all states required the recording of deeds throughout their history, or did not require them to be recorded in a timely fashion.

Pennsylvania is an example of this lackadaisical attitude to record keeping that now seems foreign. When researching land records in Pennsylvania it is important to remember that deeds for an ancestor might have been recorded years, even decades, after the actual transaction took place. Therefore, always remember to check the indexes for deeds and other transactions many years after the person in question died or left the area.

In other states, such as New Jersey, land was sold at the colony and state level for longer than is typical in other areas and thus land records must be sought at the state or colony level up to that time.

In the case of New Jersey, deeds only began to be recorded in the various counties around 1785. Therefore, New Jersey real property research must be done at both the county and state or colonial level.

In the case of colonies and states with massive record loss, such as Virginia, land records recorded on the state level are often the only records that survive for some counties, and thus are critical for success in navigating such “burned” counties.

2. Land Grants and Patents

Land grants and patents issued by the various colonial, state and federal governments are also an important resource, including land lotteries in states like Georgia.

In many states, such as Pennsylvania and North Carolina, the original applications, warrants, surveys, and patents or grants still exist and can be searched at the state archives or online.

While these documents do not often state relationships, they sometimes do. That was the case with one of my ancestors whose father had applied for a land patent in Pennsylvania in 1787. He died before the patent was issued in 1800, and thus it was granted to his son by the same name. However, the land patent spelled out that the original applicant had died and his son was the person actually receiving the patent.

Land patents and grants, as well as deeds in general, can also document the dates in which an ancestor resided or at least owned land in a given location. This can assist the researcher in establishing timelines for ancestors. It can also help when it comes to differentiating between two or more individuals residing in a given area with the same name. Anyone dreading research on their Smith and Jones ancestors might just find the solution they seek in those old, musty deed books!

Land grants and land patents

3. Mortgages

Other land records that might prove essential in solving genealogy puzzles are mortgages.

In some states like New Jersey, mortgages were recorded locally earlier than deeds and sometimes survive for earlier years than do deeds.

A mortgage is a promise by a borrower to repay a loan using real estate as collateral—in effect deeding title to the real estate to the creditor if the loan is not repaid.

A similar instrument called a deed of trust, or trust deed, performs the same function with the exception that a third-party trustee takes title if the loan is not paid back in full. In the early years, mortgages and trust deeds were usually contracted with private individuals, but as the banking industry grew in the United States over the course of the nineteenth century, they began to be taken out with banks instead of private persons.

The two parties involved in a mortgage are the “mortgagor” and the “mortgagee.” Indexes can often be found for mortgages using those terms.

However, sometimes early mortgages and trust deeds were recorded in the same books as deeds, so keep an eye out for them.

And remember: the mortgagor is the borrower, while the mortgagee is the creditor.

Don’t be put off by their sometimes-confusing terminology. Old mortgages and trust deeds are some of the most underused land records in existence—yet they can sometimes be the key that unlocks the door to that next ancestor. Don’t overlook them!

4. Tax Records

One other land record that could crack the case is land tax records. Everyone who owned land had to pay taxes on it, at least in theory. Sometimes, land tax books include notations about one person inheriting land from another, or more commonly, the change in owner’s name from one year to the next can indicate inheritance of the land. The absence of a deed or will showing the transfer might be explained by checking the land tax books.

John Rodes L. Ds. Image courtesy of MyHeritage.

“14th Dec. 1786 Received of Mr. James Brooks Six pounds, Eighteen Shillings and four pence in full for the balance of Samuel Wood Estate Land Tax for 1784 & Half tax for 85.” John Rodes L. Ds. Image courtesy of MyHeritage.

The Law of the Land: Primogeniture and Genealogy

In some cases, the inheritance and real estate laws of the time might allow you to make a determination of parentage even without a will or deed stating the suspected relationship.

The legal concept of primogeniture, or inheritance of land by the first-born son, was in force in many parts of the Thirteen Colonies until soon after independence, especially in the southern and middle colonies. Thus, when a land owner died, his first-born son would often inherit all or most of his land if he died intestate, or without a will.

The emergence of one man as the owner of a given piece of land in place of the previous owner, either as the seller, or “grantor,” in a deed or in the land tax records, could indicate that the previous owner died and the land was inherited by his “heir-at-law,” the first-born son. There might not be any record of this transfer, so knowing the “law of the land” can prove to be instrumental in cracking the case.

In these and many other ways, land records can be used to find direct and indirect evidence of family and other types of relationships, often when no other record does—or even survives. It is for this reason that land records research must be part of any reasonably exhaustive genealogical investigation.

Where to Find Land Records

In some areas, land records are the only records that survive which state relationships or can be used to provide indirect evidence of them. 

They also are useful in establishing biographical timelines for ancestors, and to learn more about their lives. They can sometimes also be used to identify the location of ancestor’s farms and sometimes even their original homes, so that today’s genealogists can often literally walk in the footsteps of their ancestors. But where are those records now?

It used to be that if you wanted to do genealogy the right way, one of your first stops had to be at the county courthouse where your ancestors lived. This is still a good practice, as many treasures held within the walls of the hundreds of courthouses scattered across this land are not microfilmed, digitized, or abstracted, and likely never will be.

The Recorder of Deeds and the County Clerk are therefore often the genealogist’s best friends. So, planning a trip to the courthouse or archive where land records are held is still a good idea.

Smyth County courthouse records wills probate records genealogy courthouse research tips genealogists

Smyth County, VA courthouse records (Image credit: Margaret Linford.)

But many of us live far away from where our ancestors owned land and lived out their lives. How can we access these records if we don’t have the time or budget to travel to the areas in question?

Thankfully, the digital revolution has made researching land records and other types of documents much easier, but often still time consuming and at times overwhelming.

The land records held at the state level for “state land” states (the original thirteen colonies and the states formed from them such as Maine and Kentucky) are usually indexed. They can often be accessed digitally at the website for the state archives, commercial genealogy sites such as Ancestry.com, or can be ordered via correspondence with the archive.

In states that were part of the old Northwest Territory, such as Ohio and Indiana, as well as the other public land states (any state formed under the Constitution that was not carved out of one of the original colonies), grants from the federal government to the first recorded owner of that land can be found at the Government Land Office site created by the Bureau of Land Management. Their website (available here) allows searches for names of individuals who purchased federal land in public land states. You can even view the digital images of the land grants, including the signature of the President of the United States at the time.

How to find land patents

Example of a land patent image.

Other types of records associated with federal land, include:

  • applications for public domain land grants,
  • Homestead Act applications,
  • Freedman’s Bureau land records,
  • and bounty land warrants and applications for veterans. 

These are all held at the National Archives in Washington, D.C. Many of these records also state relationships and add rich detail about the lives of ancestors. However, most of these records have never been digitized and must be searched in person or requested via the National Archives’ online order service.

(Editor’s note: Learn more about land records at the National Archives here.)

Land records at the county or town level are still held at the local county courthouse or archive, if they survive. Many jurisdictions have digitized their land records and made them available online, in many cases for free. This can sometimes include the entire run of a county’s land records, back to the formation of the county. County clerks and recorders will also sometimes do research via correspondence, though most are unable to do so due to time constraints.

Land Records at FamilySearch

Most importantly in the field of land records research from a genealogical perspective is the massive digitization project undertaken by FamilySearch, the website for the genealogical Society of Utah.

Millions of land records from all across the United States, and even some from other countries, are available at their website free of charge—and viewable either from the comfort of your own home or at a Family History Center or the Family History Library itself, depending on the license agreement FamilySearch has with the original repository.

This vast trove of land records is almost completely unindexed by FamilySearch and will thus not appear in results using their “Records” search page. They must instead be searched in the “Catalog” search page. (Editor’s note: learn how to search unindexed records at FamilySearch by reading our article: Browse-Only Databases at FamilySearch are Easy to Use.)

Despite not being indexed by FamilySearch, the digitized microfilms themselves usually have indexes, either in separate volumes or at the beginnings or ends of the digitized individual deed books.

Most of the digitized land records made available by FamilySearch date from 1900 or before, so a trip to the courthouse might still be warranted for most twentieth-century deeds and more recent land records research. If all else fails, don’t forget to ask the recorder or clerk for help if you have a limited research goal, such as one deed copy—you just might be surprised how eager and willing they are to help.

If the land records you need are unavailable online or are held in a remote location, consider hiring a professional genealogist to go to the courthouse in person on your behalf. Legacy Tree Genealogists has a worldwide network of onsite researchers who can obtain nearly any record that still exists in most areas. Learn more here about how we can assist you in the search for your ancestors and the records of their sometimes only tangible piece of the American dream—land!

(Editor’s note: Our links to Legacy Tree Genealogists are affiliate links and we’ll be compensated – at no cost to you – if you use it when you visit their website. This page includes a discount code for full service projects, or scroll to the bottom of the page for information about their 45-minute genealogy consultations. Thank you for helping to keep our articles and the Genealogy Gems Podcast free. )

Indeed, land ownership was more widespread in the Thirteen Colonies and the United States than most any other nation on earth. So the good news is that there’s a good chance that some of your ancestors were land owners. However you access them, land records are absolutely critical for success in genealogy and should be thoroughly examined whenever possible. You’ll be glad you did.

Jaye Drummond is a researcher for Legacy Tree Genealogists, a worldwide genealogy research firm with extensive expertise in breaking through genealogy brick walls. To learn more about Legacy Tree services and its research team, visit their website here.

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