The court system is a marvelous thing. It keeps track of legal proceedings involving our otherwise undocumented ancestors. Where they lived, and when they died, are subjects that are certain to be of immense interest to you. Welcome to the wonderful world of deed books and probate records. Ancestry has already published some excellent articles on these topics.

If your ancestor owned property, you'll want to check the deed books. The two main types of books are a grantor (seller) index, and a grantee (buyer) index. As a rule, deeds from the government to individuals (as in bounty-land warrants or homesteads) were not listed in county deed books. Thomas Simmons, in "Land Grants, Deeds and Similar Sources" (Ancestry 13:4 July/Aug 1995), discusses these types of transactions and the records they produced. Kathy Sittner's "Documents in Detail" on land deed indexes (Ancestry 12:6 Nov/Dec 1994) tells of the many types of index books used, and the peculiarities of each system. Sittner explains that the myriad indexing systems can be frustrating to inexperienced researchers.

Donn Devine's "Research Cornerstones," in Ancestry 12: Jan/Feb 1994, explains why land records were kept, the types (there are several) and parts of a deed, as well as some pitfalls to avoid when searching. He urges the reader to remember that what is in the deed book is a copy of the original record. Mistakes may have been made by the county clerk in copying the deed, and you may make mistakes in abstracting or evaluating information.

In "Research Cornerstones" in Ancestry 12:3 May/June 1994. Devine mentions the value of probate records, a term that covers all the records dealing with the settlement of an estate. Such records may be wills, inventories, letters of administration, and so on.

Let's assume you've read these articles, or other books describing land and probate records. You've found your record. Photocopy it if possible. Later you may wish to summarize all the important points in your notes. Abstracting will allow you to eliminate the "legalese" and condense the particulars into a concrete notation.

When abstracting, you should note your name, the date, and where you are when making the abstract. Are you working in a county courthouse? If so, which office? Or are you abstracting from microfilms of deeds which are in a library or other repository? If so, which repository, and where?

Note the source of the record-the book or volume, its title, the page number, the county and state office in which it is located (or, if on microfilm, the appropriate roll numbers). What type of record is it?

When abstracting, don't go through the document and copy only names, dates, and places. You may misinterpret what you read and thus confuse someone who may later refer to your notes.

Note the grantor and grantee in the transaction, and where they lived. You may find that one party, wishing to sell his land, has since moved away. The deed may give you the answer to an all-important question: Where did he go?

In what Devine calls "the granting clause," you will wish to note the consideration and the terms. What was the price? Was it a deed conveying complete transfer, or were there stipulations which would make the transactions null and void? (Perhaps there is a clause where inherited land would, upon the inheritor's death, revert to someone else.)

A description of the land is next. Include the legal description, number of acres, and location of the land. You may find information on the history or early title or the property. Land described in metes and bounds will make mention of landmarks such as roads, trees, streams, etc.: "Beginning at the black oak on the southern shore of Jones' creek," or similar language.

Public domain lands will note principal meridians, townships, ranges, sections, etc.: "The northeast quarter of the southwest quarter of Section 28, Township 7 North, Range 5 West," for example.

Check for other information that could be genealogically significant, such as relationships, locations, or other miscellany. Deeds varied a widely as the circumstances of those who conveyed the land, so overlook nothing. Do remember that terms such as "my brother" or "my cousin" often had quite different meanings than they do today.

Copy the names of all witnesses, and note the signature of the grantor. It will be helpful to know if a person could sign his own name, or make his mark. This may differentiate between two people with the same name.

Check for the releases of dower, or other entries which may have pertained to the transaction. Mortgages and other records may be in other books or offices.

What is the source of the will, and in what county and state was it probated? If you're looking at the will book, note the particulars as mentioned earlier. If the will or papers are in a drawer, box, or file, copy any identifying numbers.

Include the full name and residence of the testator (the deceased), as well as other personal information such as age, occupation, physical health, place of burial, and the names of present or former spouses.

Include the names of each person listed, and the order in which they are listed. Does the will state if those listed are related to the testator, or to each other? Where do the people live? How old are they? List everyone, whether they received anything or not. Don't assume that children are listed in birth order, or that all the children are included, or that the spouse of the testator is the mother of the children listed. Remember what was said previously about the use of words such as "cousin" or "brother."

Note if someone was specifically excluded. Was there a family feud, or did that person receive his share at an earlier date? The will may not list a child who has already died.

List the essentials of any bequests or devises, whether they be land, money, property, slaves, etc. Also list any trustees, guardians of minor children, beneficiaries, and any special provisions, restrictions, or privileges. One such example might be where a son inherits the house, but the deceased's wife (the son's mother or stepmother) may live in the house free of charge for the remainder of her life, as long as she does not remarry.

List the names of the executor and relationship to the testator, if it is given. Was it a son or brother of the deceased? Note the date on which the will was signed, and the date the will was probated or proved. Witnesses should be listed as they appear.

Note also the signature of the testator. Did he or she sign or make a mark? Was the signature legible, or did the testator appear to be in poor health? The signature, as it appears in the will book, has been copied from the original. If you can read the original will, it may determine the testator's social status or whether he or she was educated.

Abstract any other documents involved in the probate. They may be kept or recorded in other books or offices of the county; don't assume that the will book contains everything. If an inventory of the testator's property is given, you may get an idea of his wealth. If an estate sale was held, note who bought what. Were there any heirlooms which were purchased to keep them in the family? You may find out who got the Bible and who got the silver. Note the day the estate was closed, and if any subsequent papers have been filed.

If census research or obtaining vital records is the "meat and potatoes" of your family history, then land and probate records add spice to the dish. How bland your story would be without them!