Archival Resources: Probate Cases

Probate is defined as "The legal process in which a will is reviewed to determine whether it is valid and authentic. Probate also refers to the general administering of a deceased person's will or the estate of a deceased person without a will. The court appoints either an executor named in the will (or an administrator if there is no will) to administer the process of collecting the assets of the deceased person, paying any liabilities remaining on the person's estate and finally distributing the assets of the estate to beneficiaries named in the will or determined as such by the executor." Read more at: Probate Definition | Investopedia

If you can get your hands on an estate case or probate case, you will likely find a wealth of information. A probate file may contain the subject's last will and testament, itemized lists of possessions and real estate, financial documents, lists and testimonies of living beneficiaries and next of kin. The records may also include information concerning employment, burial, funeral services, and the residence(s) of the subject's spouse and children.

Below is an example of a Last Will and Testament, which was transcribed and uploaded onto Ancestry.com for public viewing. Notice the land descriptions in the second paragraph. Legal land descriptions can help genealogists to pinpoint the exact location of an ancestor's property. Wills often end up in title abstracts of properties and residences to demonstrate changes made to property lines over the years.

-----

According to The Dales of Eastern Shore Maryland and Tennessee, 1986, Clarice G Neil.

Last Will & Testament of John Dale, Senior (1723-1786)

In the Name of God Amen. This 29th day of September 1785. I John Dale Senior of Worcester County and State of Maryland, Being of sound and Perfect mind and memory, thanks be given to God, and Calling to mind the mortality of my body, and knowing that it is appointed for all men once to die do make and order this my last Will and Testament that is to say Principally and first of all I give and Recommend my Soul into the Hands of almighty God that gave it and my Body I recommend to the Earth to be Buried in a Christian Like manor at the Discretion of my Executors hereafter Named and as touching our worldly Estate wherewith it hath boon Pleased God to bless me with in this life I give, demise and dispose of the same in the following manor and form:

Item: I give and Bequeath to my Son James Dale all my lands to the southernmost side of a dytch that leads down by Ephraim Catho------ and thence up and with the said dytch Till S74 West of Poles Will Strich and marked chestnut White Oak and from the said Oak N 68 W 49 Poles to intersect with a dytch that leads down by Seth Hardman Whaleys with all the appurtenances to the said lands belonging to him his heirs and assignees forever.

Item: I give and bequeath to my aforesaid Son James Dale one Cow & bottles after the decease of his mother to him his heirs and assignees.

Item: I give and bequeath unto my Son Jessy Dale all the land that I have in possession called Bear Quarter with all the appurtenances to the said lands belonging to him his heirs and assignees for ever.

Item: I give and bequeath unto my aforesaid son Jessey Dale one Sow and Pigs to him his heirs and assignees.

Item: I give and bequeath unto my Son John Milbourn Dale all the Remaining Part of my Lands with all the appurtenances to the said Lands Belonging, to him his heirs and assignees forever.

Item: I give and bequeath unto my aforesaid son John Milbourn Dale on Sow and pigs to him his heirs and assignees.

Item: I give and bequeath unto my Daughter Mary Dale one Bed and furniture, one Cow and Calf, two Ewe and Lambs, one Chest to her her heirs and assignees.

Item: I give and bequeath to my Daughter, Tabitha Dale one Bed and furniture, one Cow and Calf, two Ewe and Lambs, one Chest to her her heirs and assignees.

Item: I give and bequeath unto my aforesaid son John Milbourn Dale one Little Desk to him is heirs and assignees.

Item: I will and order that after my Debts and Legacies are paid the Remainder of my Estate be Equally divided between three of my Daughters Vis. Mary Dale, Martha Baker, & Tabitha Dale their heirs and assignees.

Item: I will and appoint my well Beloved wife Tabitha Dale and my Sons James Dale my only and sole Executors of this my last will and Testament.

Lastly I do hereby declare and confirm this to be my last will and Testament in Witness whereof I have here unto set my hand and affixed my Seal the Day and year First above written.          

 John Dale (seal)

Signed, Sealed, Published and Declared by the said John Dale to be his last will and Testament, In Presence of us:
Josiah Dale
Thomas Dale
Lipporah Baker

Worcester County. The 13th day of November Anne Dom. 1786 then came Tabitha Dale and made oath on the Holy Evangels of Almighty God that the foregoing Instrument of writing is the true and whole Will and Testament of John Dale late of Worcester County deceased that hath come to the hands of possession and that she doth not know of any other. ----Before John Wise Ref. W. W. C. Worcester County. The 13th day of November Anno Dom. 1786 then came Josiah Dale late of Worcester and Thomas Dale two of the subscribing witnesses to the foregoing last will and Testament of John Dale late of Worcester County deceased and made oath on the Holy Evangels of Almighty God that they did see the Testator therein named Sign and Seal this Will & that they heard him Publish Pronounce and declare the same to be his last Will and Testament that at the time of his signing he was to the best of their apprehensions of a sound and disposing mind memory and understanding and that they with Lipporah Baker the other subscribing witness to this will Respectively subscribed their names as witnesses to this Will in the Presence and at the Request of the Testator and in the presence of each other. Before John Wise Reg. W. W. C.

-----