HOMESTEADERS LEFT MARKS ON LAND AND PAPER

by Myra Vanderpool Gormley, C.G.

Many families pass down stories about ancestors who homesteaded -- especially in Minnesota, Kansas, Nebraska, and Dakota Territories. However, often the term is used generically and does not pertain to those who actually acquired land under the Homestead Act of 1862.

The Homestead Act was actually a series of enactments whose purpose was to distribute public lands to those who were without. Costs were minimal -- just the filing fees -- but there were requirements for residence, cultivation and improvement. This law enabled an estimated 783,000 citizens or intended citizens to become patented landowners. People began filing under it as early as January 1, 1863.

Initially this act provided for as much as 160 acres of federal land, which could be allotted to heads of household, widows, single persons, male or female, over the age of 21 and anyone "who has never borne arms against the United States government or given aid and comfort to its enemies.''

The homesteaded property had to be consistently resided upon, built upon and cultivated over a five-year period. However, a widow could enter a separate claim from that of her deceased husband and was only required to reside upon the claim filed in her own name. An applicant could not be owner of any other property totaling 160 acres of more. If a person owned 40 acres, he could apply for only an additional 120 acres.

What can homestead records reveal about your ancestors? A surprising amount of genealogical information lies buried in these records. The files contain proof of residence, details about improvements made, crops planted, trees cleared and fences built. Sometimes there is information about family members, testimony of witnesses who knew the applicant and information about his military service. Veterans were permitted to deduct active military duty, up to four years, from their residency requirements.

Among the most valuable of information in these records may be that pertaining to citizenship status, including when and where the declaration of intention was filed. Naturalization papers often reveal prior residences, port and date of entry, even the name of the ship on which the immigrant arrived. In rare instances the place of origin will be mentioned.

Homestead records are housed at the National Archives in Washington, D.C., (National Archives (NNR1), Textual Reference Branch, Washington, DC 20408) and have not been microfilmed. Copies can be requested. However, in order to access them you will need to know:

-- name of land office

-- land description (township, range, and section)

-- final certificate number or patent number

-- authority under which the land was acquired (homestead, cash, etc.)

Reference to homesteads often are found in the recorder of deeds office at the courthouse of the county where the land was located. It is there you can obtain the legal description of the land and the date that the title was officially transferred to your ancestor.

To locate the actual homestead application, which is in the custody of the National Archives, you need the land entry number. Once you have the legal description of the land, write to Bureau of Land Management, Eastern States Land Office, General Land Office Automated Records System, 7450 Boston Boulevard, Springfield, VA 22153-3121 for the land entry number.

Then write, giving all pertinent information, to Washington National Records Center, 8th and Pennsylvania Avenue, N.W., Washington, D.C. 20408, for a copy of the actual application, which may be loaded with genealogical details.

(c) 1997, Los Angeles Times Syndicate