The "Missing Wills"--Jefferson County
My answer is they are not missing. This issue illustrates why careful research involves taking a first-hand look at records if at all possible. On the surface, yes, the Will Books are missing. There are will books A, B and C that start from the beginning of the county in 1811 and end in 1832. Then there is a big gap until the end of 1852 when the book numbering starts over again with Book A. The real question here is what is in the will books. For example, the initial Will Book A isn't just a will book. It contains probate records of intestate estates (like my ancestor James Vernon who died in 1828.) Sometime in the 1830s, the county began keeping books called Probate Order Books. These include the court motions, items such as the appointments of administrator for intestate estates, confirmations of executors of wills, appointments of guardians. With less consistency, they include naming of appraisors and the results of appraisals of the property owned by decedents. In the “Gap” between the first Will Book C and the second Will Book A, however, the court clerk's office recorded wills in the Probate Order Books. Now, I think there is at least one Probate Book missing, but I believe that the Wills are largely intact in these books. I have been able to find the original will of my ancestors for the “Gap.” For example, the will of Ralph Griffin, written in 1838 and proved that year, is filed in Probate Book. E page 174, according to the DAR transcriptions. (Ralph's will was also recited in the separate volume of Complete Probate Records) The will of Samuel Welch, also written in 1838, but proved in 1842, is filed in Probate Book C page 427. A quick glance through the transcribed wills and probates, listed on this Web site by me, shows that wills for this period was transcribed by the DAR are all in the Probate Books. My opinion is that volumes labeled Will Books never existed for this period, so they are not missing. This situation illustrates the dangers of research from a distance. The court clerk's office doesn't know most of these facts and, it's not their jobs to know what is in 150-year-old records. They just need to know how to find things. Second, the way books are labeled and numbered are often not consistent at governmental office, and practices change. For example, the Will Books in Switzerland County start with 1824, even though the county was founded in 1814. Does this mean the wills are missing? No, they are filed in probate books. Copyright by Robert W. Scott, 2001.
Jefferson County INGenWeb.
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