Massachusetts County Court, Probate, Tax and Other Miscellaneous Records

American court files mirror U.S. history. Buried away in courthouses and archives everywhere are the dreams and frustrations of millions of citizens. The chances are great that your ancestors have left a detailed record of at least some aspects of their lives in court records.

Most of us don’t think of court records as the rich source of personal history that they are. But America’s English heritage established a tradition of court processes in which the people have a right to participate actively—and we always have. With relative freedom from royal supervision and with court enforcement of religious as well as civil laws, American courts tried many matters that were not subject to court action in other parts of the British empire and that are now considered too minor to warrant criminal action.

When a person dies, every state has laws that provide for public supervision over the estate that is left, whether or not there is a will. The term “probate records” broadly covers all the records produced by these laws, although, strictly speaking, “probate” applies only when there is a will.

Family historians use probate case files far more than any other kind of court record. Probate case files are logical sources because they tend to include so much personal data, and because Americans have depended on the courts to settle their estates since North America was colonized. According to Val Greenwood in his Researcher’s Guide to American Genealogy, “All records which relate to the disposition of an estate after its owner’s death are referred to as probate records. These are many and varied in both content and value, but basically, they fall into two main classes: testate and intestate” (page 255) . Probate case files generally provide names, addresses, and biographical data for the deceased, but frequently provide the same information for other relatives named in the papers. Relationships, maiden names of wives, married names of daughters, past residences, and place of origin in a native country are just a few of the details that can be discovered in probate files. And probate files can be found in courthouses and archives across the United States.

When requesting probate information from the county clerk, it is important not to limit yourself by asking for a person’s “will.” The clerk will usually take you at your word and not copy other papers in the probate file that may have equally important information if there is no will.

Even if your ancestor is not mentioned in a probate case, consider all of the other procedures which might have resulted in him or her appearing in court records:

Massachusetts Court Records

See Also Research In State Court Probate - Even today, few people escape mention in court records at some time during their lives as witnesses, litigants, jurors, appointees to office, or as petition signatories. However, Americans of a few generations ago also expected to attend local court proceedings when they were in session. It was a civic duty-and they could be fined if they did not attend......

Plymouth Colony Records - Plymouth Colony, also known as the Old Colony, existed as a separate entity throughout most of the seventeenth century; it was officially merged into the Province of the Massachusetts Bay in 1692. Plymouth Colony consisted of towns currently located in Plymouth, Barnstable, and Bristol Counties. The original colony records for Plymouth, including wills and deeds, are maintained at the Plymouth County Commissioners Office in Plymouth. The Massachusetts Archives holds manuscript transcriptions of these records, with accompanying name indices. Some of the Plymouth Colony records, along with the records from the Commissioners of the United Colonies, were published in a twelve-volume set, Records of Plymouth Colony (Boston: 1855-1861), available at the Archives and at the State Library.

   Court records abound in the state, with some of the earlier ones also making their way to the printing press. The General Court, which met quarterly, was established in 1629 to create laws to insure religious, peaceful government. Composed of the freemen of the colony, the General Court chose the governor, deputy, and assistants all of whom met as the Court of Assistants. It met more often to carry out General Court business and hearing jury cases. Individually they acted as local magistrates (justices of the peace) for civil suits. As the number of freemen in a town grew, representatives were elected to sit in General Court.

Ten years later, county inferior quarter courts of first instance were established and composed of the magistrates with a jury in each county, but dividing functions between civil actions in courts of common pleas and criminal actions in courts of general sessions. This three tier court system (individual magistrates, county courts, Court of Assistants) continued until reorganization in 1692 which provided for courts of general sessions and common pleas for each county, with one superior court of judicature (1692-1780) overseeing the entire colony. The latter became the supreme judicial court after 1780, handling appeals from lower courts. The county sessions and common pleas were reorganized into county superior courts in 1859.

Essex (1636-83), Suffolk (1671-80), Hampshire (1639-1702) and Plymouth (1686-1859 unindexed) county court records have been published, as well as those for Massachusetts Bay (1628-1686) and Plymouth (1633-1691) colonies. The Plymouth County court records are taken from the record books at the Pilgrim Society and are currently being indexed.

To avoid the possible responsibility for the poor, towns issued "warnings out" to those for whom they would not assume responsibility. Although instituted by towns, in Massachusetts they were recorded in the county seat. Those for Worcester County have been published.

Seventeenth century divorces were granted by the Court of Assistants until 1692 when authority transferred to the Governor and Council. The state's constitution gave that authority to the Supreme Judicial Court in 1785. The county superior courts took over divorce cases from the Supreme Judicial Court in 1887 and began sharing that authority with probate courts in 1922.

Probate proceedings had begun to apply to those with even minor personal property in England when the Great Migration occurred. Puritans pursued the practice with some vigor, but certainly not universally. Whether the person died with a will or without (intestate), complete probate proceedings regarding it were not automatic.

1. The Probate and Family Court has jurisdiction over family matters such as divorce, paternity, child support, custody, visitation, adoption, termination of parental rights, and abuse prevention. Probate matters include jurisdiction over wills, administrations, guardianships, conservatorships and change of name. The Court also has general equity jurisdiction.
2. The Superior Court has original jurisdiction in civil actions over $25,000, and in matters where equitable relief is sought. It also has original jurisdiction in actions involving labor disputes where injunctive relief is sought, and has exclusive authority to convene medical malpractice tribunals.
   The Court has exclusive original jurisdiction in first degree murder cases and original jurisdiction for all other crimes. It has jurisdiction over all felony matters, although it shares jurisdiction over crimes where other Trial Court Departments have concurrent jurisdiction. Finally, the Superior Court has appellate jurisdiction over certain administrative proceedings
3. The District Court hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases. District Court criminal jurisdiction extends to all felonies punishable by a sentence up to five years, and many other specific felonies with greater potential penalties; all misdemeanors; and all violations of city and town ordinances and by-laws. In felonies not within District Court final jurisdiction, the District Court conducts probable cause hearings to determine if a defendant should be bound over to the Superior Court. District Court magistrates conduct hearings to issue criminal complaints and arrest warrants, and to determine whether there is probable cause to detain persons arrested without a warrant. Both judges and magistrates issue criminal and administrative search warrants.
   In civil matters, District Court judges conduct both jury and jury-waived trials, and determine with finality any matter in which the likelihood of recovery does not exceed $25,000. The District Court also tries small claims involving up to $2,000 (initially tried to a magistrate, with a defense right of appeal either to a judge or to a jury). Fifteen of its judges serve on the Appellate Division, an appellate tribunal with published opinions that is organized in three geographical districts, and sits in three-judge panels, to review questions of law that arise in civil cases.
   The District Court's civil jurisdiction also includes many specialized proceedings: inquests; summary process (evictions); supplementary process (enforcement of money judgments); abuse prevention restraining orders; mental health matters (including involuntary civil commitments and medication orders, and supervision of criminal defendants committed for mental observation or because incompetent to stand trial or after an insanity acquittal); appeals from certain administrative agencies (involving, for example, firearms licenses or unemployment compensation); civil motor vehicle infractions (tried initially to a magistrate, with right of appeal to a judge); equitable injunctions (exercising specialized equity jurisdiction in all counties, plus general equity jurisdiction in small claims, summary process and civil money damage actions); and other miscellaneous civil matter

Even with Massachusetts' reasonably intact records, there are still gaps. But in all cases there are two groups of records of concern-the original papers brought to court such as receipts from heirs, original wills, and affidavits of all kinds, and those papers which were actually recorded in county probate books. Both of these exist in abundance for Massachusetts, although many people still died without their estate being probated.

• Massachusetts Court Books at Amazon.com
• Massachusetts Name Changes, 1780-1892: This collection of court records originally published in 1893 contains nearly 40,000 changes of names approved by the courts of Massachusetts between 1780 and 1892.
• Court, Land, Wills & Financial - Court records are an often overlooked, yet very valuable tool for finding information to assist you in your research. Land records, such as deeds, allow you to tie an ancestor to a specific place at a point in time. Other court records like those dealing with finances and estates often list related family members or give interesting details like the total value of property owned by your ancestors to add interest to your family history.
• Search County Court Records
• Search County Criminal Records with a Criminal Background Check
• Search for Registered Sex Offenders in your local Area

Massachusetts Probate Records

See Also Research In State Probate Records - Probate records include a variety of documents created to support court proceedings in the settlement of an individuals' estates. The number and type of probate records created may vary over time in different jurisdictions and due to the amount of real and personal property involved. The various documents generated in the probate process are rarely filed together......

By the time the Great Migration occurred, probate proceedings had already begun to apply to those with even minor personal property in England. Puritans pursued the practice with some vigor, but certainly not universally. Whether the person died with a will or without (intestate), complete probate proceedings were not automatic.

Probate records in Massachusetts are reasonably intact, but there are still gaps. In all cases there are two groups of records of concern: the original papers brought to court (such as original wills, affidavits of all kinds, and receipts from heirs) and those papers that were actually recorded in county probate books. Both of these exist in abundance for the state.

In Massachusetts the probate court jurisdictions follow county lines. Probate records have been published for Essex County (1635-81), Bristol County (1687-1745; 1745-1762); wills for Suffolk County(1639-1670); and indexes for the counties of Essex (1638-1841), Middlesex (1648-1909), Norfolk (1793-1900), Plymouth (1686-1881), Suffolk (1636-1910), and Worcester (1731-1910).

Each probate court has its own record books, with an index and usually its original files by file number. The Massachusetts State Archives, however, holds original probate files for Suffolk County (1636-1894) and Middlesex County (1648-1871). Probate record books to the mid-nineteenth century are generally on microfilm through the FHL, but the original files are only at the probate court office or the state archives. One exception is Middlesex County files which are available on microfilm from the FHL.

Beginning in 1922 divorces fell under the jurisdiction of both the superior court and probate court of the county. However, almost all cases after that date are heard in probate court despite the fact that the county superior courts have concurrent jurisdiction.

• Massachusetts Probate Books at Amazon.com

Immigration & Naturalization Records

See Also Research In State Immigration & Naturalization Records - Knowing the immigrant's birthplace or last place of residence before emigrating is essential to finding more information in the native land. Yet, unless the ancestors arrived relatively recently in the United States, family origins may have been forgotten. Because most foreign records are kept at the town level, discovering the name of a native town, county, or parish is an important goal. Without that information, it is impossible to know where to conduct research in the country of origin.......

Both immigration and naturalization records abound for Massachusetts since Boston was a major port of entry for hundreds of millions of people seeking refuge, food, land, and religious and political freedom from points across the Atlantic. Smaller ports existed in other towns both north and south of Boston's wharfs. The seventeenth and nineteenth century records are well-organized, but few of the eighteenth century records are as easily accessed.

1800-Present. The nineteenth century brought massive numbers of immigrants to Massachusetts, creating a much more heterogeneous population than a century earlier. Fortunately, many passenger lists have been indexed for the period.

Massachusetts State Archives has an alphabetical name index to the Port of Boston passenger lists from 1848-91, called the state list. The National Archives/New England Region has passenger lists from 1820-1925 and continues to receive later ones. The National Archives in Washington, D.C., has copies of the Boston lists for 1820-91 (Record Group 36, M277), though some gaps in coverage appear in the microfilm copy of the lists. The microfilm index to passenger lists made by the National Archives in Washington, D.C., for 1848-91 (Record Group 36, M265) used the state lists to create their index for arrivals at the port of Boston. Consequently, people might appear on the microfilmed federal index, but not on the federal lists while they do appear on the state list at the Massachusetts State Archives.

The National Archives in Washington, D.C., additionally has an index to passenger lists for arrivals at Boston from 1902-20 (Record Group 85, T521; T617), book indexes to the Boston passenger lists by date of arrival from 1899-1940 (Record Group 85, T790), and passenger lists themselves 1891-1943 (Record Group 85, T843).

Boston was only one port of entry open for immigrants to Massachusetts. There are lists for other ports in the state as well, generally covered by the National Archives index in Record Group 36 (M334) Atlantic, Gulf, and Great Lakes ports, 1820-91.
In the Boston area, the Boston Public Library has microfilm copies of all the federal passenger lists beginning in 1820, as well as other immigration material.

The WPA developed an index of naturalizations found in numerous city, county, state, and federal courts in New England for the period 1786-1906, which are soundexed, microfilmed and available through National Archives.

Massachusetts State Archives holds abstracts for state and local courts (1885-1931 with separate annual indexes), and also Essex County naturalization records (1901-1982). Current petitions and index cards for the federal courts are at Immigration and Naturalization Service, U.S. Department of Justice, JFK Federal Building, Government Center, Boston, MA 02203.

• Massachusetts Passenger and Immigration Lists Index, 1500s-1900s
• Immigration & Emigration - As our ancestors moved from one country to another, details about their lives were recorded on passenger lists and government documents. Immigration and emigration records can help you learn where your ancestors originally came from, where they went, when they left, who they traveled with, and more.

Massachusetts Tax Records

See Also Researching in Tax Records - Things taxed have included carriages and watches, windows and whiskey, land and slaves. Taxes on documents and tea helped start a war. Arkansas Territory’s sudden tax on bounty lands in the 1820s was enacted and due before the news had time to reach out-of-state owners, permitting the quick seizure and sale of “delinquent” lands. As this variety suggests, name lists of such taxes must be used with a cautious understanding of who should be on the list and who should not...

Tax records can be found at both the local and state levels. Massachusetts State Archives has tax returns for 1768 and 1771 as well as incomplete tax valuations for 1775, 1776, 1777 and 1778. The Massachusetts State Library holds them for 1780, 1783, 1784, 1791, 1792, 1793, 1800, 1801, 1810, and 1811.

Earlier taxes for the towns exist as well. Other tax lists may still be available at the town office.
The U.S. Direct Tax of 1798 for most counties remains extant. The surviving originals are at the New England Historic Genealogical Society and accessible on microfilm there and through the FHL

• Massachusetts Tax Books at Amazon.com