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Welcome
to the . . . .
Rock Island County
Probate Case Files Index, 1834–1899
Compiled
by the Illinois Regional Archives Depository System,
Western Illinois University
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About the Rock
Island County Probate Case Files Index
The Rock Island County Probate Case Files Index
was compiled by Paul G.C. Smith, David E. Richards, Cindy Sutton and
Sharon Soltys, interns for the Illinois Regional Archives Depository
(IRAD) System at Western Illinois University in Macomb. The 7,842
records in the database were extracted from the Rock Island County
Probate Case Files (IRAD Accession 2/0112/19).
The Rock Island County Probate Case Files held by
the IRAD System are nearly complete for the period between 1834 and
1899. However, this record series includes 1,164 cases filed after
1900. Although cases in this series that were filed after 1899 were
entered into this database, researchers should be aware that the
files are incomplete for this period. Rock Island County Probate
Cases Files that are not in IRAD are still in the circuit clerk's
office. The address of the Rock Island County Circuit Clerk is:
Circuit Clerk of Rock Island County
Rock Island County Building
1504 Third Avenue
Rock Island, IL 61201
The index provides the name of the estate, the
year of filing, the type of case and the name filed under or
comments. The content of each field included in the index is
described below.
Name
The Name field includes the name of a
deceased, a minor heir or legatee, a minor for whom a guardianship
was established for reasons other than a death of a parent, an
incompetent person, or an alias used by a person appearing elsewhere
in this index.
The Name field could also contain surname
cross-references, such as "Aldrich-see also Aldridge."
Such cross-references are used when the spelling of a name is not
consistent within a family group or when alternate spellings of a
surname appeared in the case files. in this example, a Mr. Aldrich
died leaving heirs with the surname Aldridge. Since Aldrich and
Aldridge are probably two spellings of the same surname, this allows
researchers to find all persons with the same surname, regardless of
the possible variation or error of spelling.
Names of estates were transcribed directly from
the case files. Every attempt was made to obtain accurate spellings
of names. If the spelling of a name could not be determined from the
case jacket, a search of the various case documents was conducted.
However, names were often spelled a variety of ways throughout the
case documents. It was also sometimes difficult to decipher
handwriting in some case files. Therefore, when searching this
index, we suggest that researchers check alternative spellings of
names if they do not find an entry for the name for which they are
searching.
Year
The Year field contains the year that the
probate case was filed. When the year of the case is missing, the
abbreviation "UNK" appears in the Year column.
Handwritting not only made it difficult to determine the spelling of
names, it also made it difficult to determine numbers in dates. Even
though every effort was made to determine the correct year,
researchers should be aware that numbers were often difficult to
decipher. For example, the numbers 2 and 3 often looked like the
number 5 and the number 2 could look like the number 4.
Name Filed Under and Comments
The Name Filed Under and Comments field may
contain a cross-reference to the file where the name will appear or
additional information about the case or file. If a single case is
in more than one physical file, the number of file folders is
indicated in this field.
Entry Type
The Entry Type field shows the kind of
information contained in the case file or the type of
cross-reference. A detailed explanation of each entry type follows
the table of codes used in this field.
| * |
– |
Proof of Heirship Only |
| + |
– |
Conservatorship and Probate (I + P) |
| A |
– |
An Alternate Spelling, Alternate Name, or
other Cross-Reference |
| C |
– |
Combination of Probate Case File and Heirs'
Guardianship (P + H) |
| D |
– |
Dependent Child |
| G |
– |
General Guardianship File |
| H |
– |
Heirs' Guardianship |
| I |
– |
Incompetent Person's File (usually Insane) |
| L |
– |
Legatees' Guardianship |
| M |
– |
Name of Minor |
| P |
– |
Probate File for Deceased |
| W |
– |
Only Will Contained in File |
Proof of Heirship Only files (represented
by *) contain the information establishing that certain persons are
the sole heirs of the deceased. The file is arranged under the name
of the deceased, which is shown in the Name field. The date
listed is the date of the proceedings to prove heirship or the date
of death.
Conseratorship and Probate (I + H) files
(represented by +) concern persons who were found to be legally
incompetent and then died during the period of the conservatorship.
Papers related both to the conservatorship and to the probate of the
estate upon death are included in the case file. The name appearing
in the Name field is that of the deceased. The year listed is
that of the commencement of the court action to establish the
conservatorship.
An Alternate Spelling, Alternate Name, or other
Cross Reference (represented by A) means that the entry is a
cross reference to a different spelling or to a different name for
the same person. The name which appears in the Name field is
the alias. The name which appears in the Name Filed Under or
Comments field is the name under which the researcher may find
information about this person elsewhere in the index. In addition to
aliases, maiden names of married women, married names of girls
married while a guadianship is in effect, or adoptive names of
minors are cross-referenced in this manner. Unless otherwise noted,
this cross-reference is to a probate file (represented by P).
Combination of Probate and Heirs' Guardianship
(represented by C) is a file which has combined the probate of the
deceased's estate and the papers concerning guardianship of the
minor heirs or legatees. The case will be filed under the name of
the deceased as well as those of the minor heirs. The letter M will
appear in the entry type field for minors and will be
cross-referenced to this file. The Year is the date of death.
Dependent Child (represented by D)
represents a file which is concerned with the care of a minor found
to be dependent and accordingly taken as a ward of the state. The
case is filed under the name of the minor. The Year is the
date of the commencement of court action on the case.
General Guardianship (represented by G) is
a guardianship file for a minor who is not the heir of an estate.
Occasionally, this code was used when the estate name is not known.
These files are usually concerned with cases of minors who need to
have a legal guardian appointed either to give consent for marriage
or to settle a law suit to which the minor is a party. The case is
filed under the name of the minor. The Year is the date of
commencement of court action to establish guardianship.
When multiple minors appear in a General
Guardianship file, one name has been selected as the primary
party. The other minors appear with the letter M in the Entry
Type field and are cross referenced to the General
Guardianship file.
Heirs' Guardianship (represented by H)
indicates that the case contains information on the guardianship of
minor heirs of the deceased. The case is filed under the name of the
deceased. The names of the minor heirs are indexed with the letter M
in the Entry Type field with cross-references to this file.
The Year reflects the date of commencement of court action to
establish the guardianship of the minor heirs (i.e., the date of the
Petition for Letters of Guardianship).
Incompetent Person (represented by I) is a
case involving a conservatorship of a person who is alleged to be
incompetent (i.e., insane or suffering from a mental or
psychological deficiency making that person legally incompetent to
administer his own affairs). The Year is the date of
commencement of court action to establish the conservatorship (i.e.,
the date of the Application for the Appointment of a Conservator
or the date of the Letters of Conservatorship where the Application
is not in the file).
Legatees' Guardianship (represented by L)
is a case involving the guardianship of the legatees of an estate
(i.e., a recipient of a legacy—somebody who inherits a bequest
under the terms of a will) rather than heirs to an estate.
Minor's Name (represented by M) is the name
of a minor contained within a case file. The file, however, is not
found under the minor's name. Instead, it is found under the name
found in the Name Filed Under or Comments field. Unless
otherwise noted, this cross-reference will always contain the letter
H in the Entry Type field. No date will appear in the Year
field.
Probate File (represented by P) denotes a
regular probate case file. The papers in this file will concern the
disposition of the estate of the deceased. The name of the deceased
will appear in the Name field and the date of death will
appear in the Year field.
Will Only (represented by W) is a case file
containing only a will. The name of the deceased will appear in the Name
field and the date of will appears in the Year field.
Probate
Jurisdiction
Probate records created prior to 1848 were
maintained by the Probate Court in Rock Island County. The
Constitution of 1848 moved original jurisdiction in probate cases to
the newly created County Court. [Constitution of 1848, Article V,
Sections 16-18] Therefore, probate records recorded after 1848 were
maintained by the County Court acting in probate. The Constitution
of 1870 gave the General Assembly the authority to create probate
courts in counties with populations of 50,000 or more. [Constitution
of 1870, Article VI, section 20] However, probate jurisdiction
remained with the County Court in Rock Island County until January
1, 1964 when the functions of both the probate court and county
court were transferred to the circuit court. [Constitution of 1870,
1962 Amendment, Article VI, section 4]
| Content
of the Rock Island County Probate Case Files
Probate case files show the court term;
the names of the estate, minor, heirs or legatees,
administrator or executor, judge and court clerk; the
petitions, bonds, oaths, and letters of estate
administrators, executors, guardians and conservators; the
court's approval of estate inventories, appraisement bills,
petitions to sell property, reports of sales, accounts,
reports of receipts and expenditures, and final reports; and
the orders and decrees of the court. The record may also
show the proofs of heirship, proofs of death, claims against
the estate, and recordation of wills.
The County Court also heard cases
involving adoption, commitment of the insane and
feeble-minded, guardianship of minor children, and
conservatorship of the insane, blind and deaf & dumb.
These types of cases were often recorded in the Rock Island
County Probate Case Files when the County Court was acting
in its probate capacity.
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Click
on image to view sample pages from John Deere's Last
Will and Testament.
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How to obtain
copies of the Rock Island County Probate Case Files
Copies of probate case files found in this index
may be obtained by mail or telephone. Inquiries should be made
directly to the Illinois Regional Archives Depository (IRAD) at
Western Illinois University in Macomb. IRAD cannot accept requests
by e-mail at this time. Call or write:
Illinois Regional Archives
Depository
University Library
Western Illinois University
1 University Circle
Macomb, IL 61455-1390 |
Telephone: (309) 298-2716 |
Click here for more information about the IRAD
Research Policy. Visitors are always welcome to view and
search the records for themselves. The Illinois Regional Archives
Depository at Western Illinois University is open from 9:00 a.m.
to 4:00 p.m., Monday through Friday. The depository is closed on
all state holidays and any day that the university library is
closed. It is always a good idea to call ahead before planning a
visit.
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