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Information regarding Ohio’s Early Probate Courts

The below is a reprint from the chapter’s newsletter: Tracking, Vol. VIII, #2, p. 17. Members have access to all archived newsletters. Find out more on our Membership Benefits here. Members can find out how to access the archive in your latest newsletter.


Information regarding Ohio’s Early Probate Courts


The Ohio Genealogy Society From THE REPORT, Volume XXI, No. 4 – WINTER 1981″There was no specific provision for a probate court in the (Ohio State) constitution of 1802. That first Constitution provided for a Supreme Court for the state and a court of common pleas for each county, and gave the General Assembly authority to set up such other courts as it might find necessary. The Constitution of 1851 provided for the probate court by name and likewise for a circuit court. When the revised constitution of state was adopted in 1912, the name of the circuit court was changed to the court of appeals.”

From The Ohio Constitution, by Ruth Allen, page 202

“WHY SHOULD YOU KNOW THIS? Your editor, Mary Fox, thinks that when conducting research or receiving research in Ohio you should know what court record it came from, then you will be more likely able to judge if you have covered all the available records possible. ….. [The Probate Court] has the early Chancery Court, the Circuit Court books ….. To the best of my knowledge, the original file dockets are gone, ….. [T}he records I’ve abstracted are in full, in the aspect that I feel I have all the genealogical data abstracted, but there is usually a lengthy legal aspect that would be prohibitive to put in a newsletter.”

This volume in Probate Court is called ADMINISTRATION DOCKET, Volume 1 – June 1826 – April 1840 Crawford County, Ohio (some of these cases were started in Common Pleas Court)

Page 1 – ESTATE OF TIMOTHY KIRK (copy)
In the Court of Common Pleas held at Court House the town of Bucyrus for the County Crawford Ohio – 1 June 1826 –
Last Will and Testament, will written 28 March 1826, Timothy Kirk said he was sick in body, bequeat to my children,
1st $100.00 that is coming from William Sharon to be divided equally among them,
2nd his dear wife the remainder of personal property,
3rd wife, 1/3 of real estate,
4th 2/3 of real estate to my children to be sold when oldest child becomes of age and. divided equally amoung them,
5th my wife Susan Kirk, guardian for my children, that is, Wm., Joseph, Sarahann, Rachel, Mary Rebecca & Susannah Kirk,
6th Lewis Cary, exe. to this my last will & testament,
Witness: Conrad Roth & John S. George. (From your editor, send S.A.S.E. if you have questions)

Page 2 – ESTATE OF I shi (?) NORTON, deceased – 1 June 1826
Court ordered that Huldah Norton & Samuel Norton be appointed adm. of estate of Ishi Norton. (Noted the heirs were not named).Page 4-5 – ESTATE OF HENRY BISHOP, DECEASED (copy) 1 June 1826
The Last Will & Testament of Henry Bishop was produced in open court, says Henry Bishop of the United Kingdom of Ireland and Briton born in England in the province of Sufsex (Sussex) now a resident of Crawford Co State of Ohio in America: – wife Lydia received all property, real & personal, she to do as she thinks best for maintenance of my children, – will written 25 Oct. 1825. Witness Herman Rowse, Jefse Jackson & Hiram Morse. (fs is the same as ss, as in Jesse).

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