Tuesday's Tip: Where to Find Real Estate Deeds

Thanks to Al for today's guest post... Don't forget you can order deeds on microfilm directly from the Family History Library. 

Where to Find Real Estate Deeds

            The first two installments of this series discussed various uses of real estate deeds in genealogical research.  This installment will discuss where the researcher can find real estate deeds.

            When a property is acquired, an original deed is prepared and becomes the evidence of ownership for the buyer.   The genealogical researcher is typically interested in those deeds from the early 20^th century backwards.  The writer has worked extensively with early deeds from New Jersey, Pennsylvania and Connecticut.  In New Jersey and Pennsylvania, the early deeds were written on preprinted forms and then a copy was made into the master deed books maintained at the county level.  This was the process of recording the transaction onto the official land records.  In Connecticut, the deeds were recorded at the town level.  Each deed was referenced by its Book and Page number.

            These old deed books are available for inspection by the public at either the county or town repository.  In Connecticut, the town clerk will often not allow the general public to inspect these books, but will make copies requested.  Having a Godfrey Library card generally allows the holder direct access.

            A more efficient way to examine the old deeds is to view them on microfilm at a local Family History Center such as at Godfrey.  The Family History Library at the Church of LDS has microfilmed numerous old deed books around the nation.  For instance, the writer found all the old deeds on microfilm for his areas of interest in both New Jersey and Pennsylvania.  Generally, there are also master index books for the old deeds, so obtaining the microfilm for the index books is the best place to start.  These books are typically divided by grantor (seller) and grantee (buyer).  With this knowledge in hand, the specific microfilm of interest can be ordered for viewing.  Knowing the year title passed on a property will not be sufficient to zero in on the correct deed book since often times the recording authority had multiple books going at the same time in which deeds were recorded and often times many months, if not years, passed between the date of the sale and the date it was recorded in the deed books.  To find these master indexes, search in the FHL catalogue with the state name, followed by the county name and look for land records.  In Connecticut, add the town name to the search string as deeds are recorded at the town level here.

            More recently, the FHL has been digitizing microfilms of these deeds.  This process has just begun; however, if you find a film of interest, the FHL will note if it is available for online viewing.

            Certain other towns and counties around the country have also been adding real estate deeds to their websites for online viewing.  This process will continue so conducting a general web search is also a good way to locate these deeds.

Deed Microfims Help Build Your Tree

Enjoy today's guest post on the role of deeds in your research!

Use of Real Estate Deeds to Establish Family Connections

The first installment of this series discussed how the use of real estate deeds obtained through the Family History Center at the Godfrey Memorial Library can be a way to uncover spousal identity.

In this second installment, the use of real estate deeds to identify other family relationships is discussed. 

The use of wills was not overly prevalent during the 19^th century, especially in rural areas.  Many adults died relatively young and unexpectedly due to the outbreak of a particularly virulent illness.  In those intestate situations, the deceased’s land would be divided between his spouse (dower’s right) and any children.  Often times, however, some of the land had to be first sold to satisfy an estate’s debts.  Typically, the division of land either left small parcels which the heirs would then typically sell or if a division of the land could not be agreed upon, then the heirs sold their interests prior to any division of the land.

For instance, my great-great grandfather, Philip W. Smith, died intestate in 1878 in Sussex County, New Jersey.  His ten surviving children sold off the 51 acres inherited to one of their cousins.  We find a transaction in 1881 which states that six of the heirs of Philip W. Smith are each selling their one-tenth interest, for a total amount conveyed of six-tenths.  This confirms the identity of six of the children and also states which ones were married at that time, along with the name of each spouse.  These six lived in or near Sussex County.  A seventh heir executed at the same time a separate deed to sell his one-tenth interest because he was stated as living in Illinois at that time, thus providing information on his location.  The other three children were still minors in 1881 but each executed a deed later to sell their one-tenth interest upon reaching 21 years of age.  This was a very typical pattern and helps to 1) identify living children; 2) identify their locations; and 3) identify the names of spouses.  If the heir was a female and married, then the full name of her husband would be stated since women at that time could not own land separate of their spouse.

Similarly, another relative, named Lodewick Smith died intestate in early 1810 in Sussex County.  In this case, his widow decided to be the administratrix of his estate.  During the proceedings to settle the estate, an 1817 deed reveals that she has remarried since she is identified as “Mary Teeple, formerly Mary Smith….Administratrix of the estate of Lodewick Smith, deceased…”  This was further confirmed by an 1812 marriage record between Joseph Teeple and Mary Smith.  With a common name such as Smith, this type of confirming record is critical.  And similar to the first example discussed, her three children later each sold their one-third interest.  In this case, a daughter was married and her husband was fully identified.

The above two examples provide just two examples of how interesting family relationships can be found in deeds.

 

Godfrey's Family History Center Helps Bring History to Your Fingertips

Have you wondered how to access your ancestors' records when they lived far away? Today's guest post gives you a glimpse of what can be found using films delivered to Godfrey's Family History Center. For more information about the center's hours, please visit our website.

Use of Real Estate Deeds to Uncover Spousal Identity

            Identifying the names of spouses during the 1700s and 1800s is always a challenge.  Real estate deeds can be a useful tool in this effort.  Other than a few commercially prepared abstracts, information from real estate deeds can be obtained either by going to whatever jurisdiction in which the deed was recorded or (more easily) by obtaining microfilm through a Family History Center such as found at the Godfrey Memorial Library.

            For many years I worked on the family of one of my 4^th great-grandfathers, George Smith.  I found his 1772 marriage record to his wife Barbara, baptismal records for their children and other records which traced their life together in Upper Mount Bethel, Pennsylvania for about twenty years.  Then, in 1796, a deed was recorded where George Smith sold his land in Pennsylvania, prior to his move to Sussex County, New Jersey.  Pennsylvania law required the spouse to also sign the deed and to do so “to be their free act.”  In this case, his wife’s name is listed as Susannah.  Since no death or burial record was ever found for the first wife of George Smith, and no marriage record was ever found for this second wife, this deed becomes the only evidence that his first wife was deceased and that he had remarried.

            As I tracked George Smith’s real estate transactions in New Jersey, his wife continued to be Susannah.  An 1808 marriage record for George Smith to Sarah Compton was found among the Sussex County records but without confirming evidence, the record could not be relied upon.  This confirming evidence was found in an 1809 real estate deed where George Smith and his spouse, Sarah, are seen selling 10.92 acres of land.  The deed states that Sarah was the widow of Jacob Compton and that she had acquired the land from a William Compton.  Thus, this record confirms the 1808 marriage record and further agrees with the 1812 will of George Smith where he identifies his spouse as Sarah Smith.  Obviously, his second wife, Susannah is deceased prior to the date of the 1808 marriage.  Still to be determined is Sarah Compton Smith’s maiden name.  Nevertheless, the use of real estate records can identify a spouse’s given name; give approximate time periods of a marriage and also the date by which a prior spouse is deceased.  Also, as seen in this case, the prior marriage of a spouse is identified and if the land was inherited from her father, his name would have been identified.

            Much of early real estate law, and all other laws, was modeled on English common law which in general did not provide rights to females.   Nevertheless, the concept of a spouse’s right of dower to her husband’s estate was generally found in common law.  Similarly, English common law, while generally denying a wife of a separate identity, did provide a protection to a woman by preventing a husband from selling real property without the wife’s consent which was also adopted by many of the colonies.  Thus, the spouse is identified when they are selling real estate and her signature (or mark), provided freely (and often after a separate interview) was required on the deed in many states.