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Probate Court Records of Medina Co~, Ohio •

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Probate Court Records of Medina Co~, Ohio • 1 • .. INDEX TO PROBATE COURT RECORDS OF MEDINA CO~, OHIO • COMPILED AND PUBUSHED BY MEDINA COUN1Y GENEALOGICAL SOCIElY • 1991 • a • The reproduction of this publication has been made possible through the sponsor­ ship of the Medina County Genealogical Society, a Chapter of the Ohio Genea­ logical Society, P.O. Box 804, Medina, Ohio 442S8.Q804. • ~n I~ ..tlft\:fl._ ~--~ Windmill Publications, Inc. 6628 Uebelhack Rd., Mt. Vernon, IN 47620 ) Nineteen Hundred Ninety One • • • PREFACE The purpose of this index is to assist in locating cases filed in the vault of Probate Court. Each case is assigned a number, and they are filed by this case number following the name. This project was only possible through the conscientious efforts of our members who gave of their time to copy, type, and proof read the material. We are aware that errors will appear, though every effort has been made to keep them to a minimbm. Members who helped copy the probate Court Records: Marge Bauer • Margaret Cummings Ruth Ensworth Cheryl Gregg Frances Lockett Katherine Schreiner Joyce Siman Phyllis Siman June Stawicki Helen Vaughn Dale Wade Margaretha Warner • • HISTORY AND DUTIES OF PROBATE COURT The probate court, established by an act of the Northwest Territory on August 30, 1788, consisted of a probate judge with jurisdiction in probate, testamentary, and guardianship matters, and two judges of the court of common pleas, who and with him and ruled on contested points, definitive sentences, and final judgements. The judicial system established under the First constitution of Ohio, in 1802, did not provide for a probate court but vested th~ court of common pleas with such powers as had been'exercised by the court in the territorial period. The constitution, of 1851, re-created the probate court and gave it original jurisdiction in "probate and testamentary matters, the appointment of administrators and guardians, the settlement of the accounts of executors, admin­ istrators and guardians, and such jurisdiction in habeas corpus',' ••• and for the sale of land by executors, administrators and guardians, and such other jurisdiction, •.• as may be provided by law. 1t An amendment to the constitution, adopted in 1912, au­ thorized the common pleas judge, when petitioned by 10 per cent of the qualified voters in counties having a population less than 50,000 to submit to the voters at any general election the question of combining the probate court and court of common pleas. One of the primary functions of the court since its inception • has been the settlement of estates. The civil code, adopted in 1853, gave the court original jurisdiction in taking proof of wills, in granting letters testamentary, and in settling accounts of exe­ cutors and administrators. Until 1854, the court had jurisdiction in enforcing the payment of debts and legacies of deceased persons. While the court retains the original jurisdiction in regard to estates, new duties have been added in recent years. With the development of inheritance tax laws, in 1919, as a new means of taxation the probate court has been required to determine and assess the tax after the county auditor has appraised the decedent's estate. MARRIAGE RECORDS By constitutional prov~s~on the probate court has original jurisdiction in granting marriage licenses. The court also issues licenses to ministers to solemize marriages. The former provision was modified by an act, adopted in 1931, which requires a lapse of at lease five days between the time of application and that of the I ! • issuance of marriage licenses. However, power to suspend the opera­ tion of the act is vested in the probate judge. The jurisdiction of the court extends to the state's unfor­ tunates. By the probate code of 1853, re-enacted in 1854, exclusive jurisdiction was granted to the court to make inquests respecting lunatics, insane persons, idiots, and deaf and dumb persons, subject • by law to guardianships. In 1856, the court was authorized to com­ -1­ mit mentally incompetent persons to state institutions maintained for the care of such persons. Two years later the court was given • power to appoint and remove guardians over minors. The act, of 1859, authorized the court to render adoption decrees. In 1904, the court was given jurisdiction in trial cases involving neglected, dependent, and delinquent children, and in Medina County the probate judge assumed this duty in that year. Since the middle of the 19th century the probate judge has been required to keep a record of vital statistics. In 1867, the duty of keeping a permanent record of birth and deaths, which, in 1856, had been conferred upon the clerk of courts, was transferred to the pro­ bate judge. When, in 1908, a bureau of vital statistics under the direction of the secretary of state was created, the probate judge was relieved temporarily of this task. In 1921, the act of 1908, was amended so as to require the local registrars to transmit to the district health commissioner, who was directed to serve as a state deputy registrar of vital statistics, all certificates of births and deaths received during the preceding month, and a copy of all such certificates to the probate court. Although the general code still requires the probate judge to keep a permanent record of births and deaths and an index to such records, neither has been kept in Medina County since 1908. NATURALIZATIONS Jurisdiction in naturalization proceedings was exercised by the probate court until 1906, when an amendment to the federal statute vested exclusive jurisdiction in naturalization matters • in the United States district courts and all state courts of record having a seal, a clerk, and jurisdiction in actions at law and equity in which the amount in controversy was unlimited. The general code still requires the probate judge to keep a naturali­ zation record and an index to the records, but jurisdiction was transferred to the court of common pleas. No naturalization records have been kept since 1905. Miscellaneous duties, remotely related to probate and testa­ mentary matters, have been added by legislative action. Since 1888, the court has been required to file a certified list of all unknown depositors as furnished by institutions or persons engaged in lending money. for profit. In 1896, the probate court was given concurrent jurisdiction with the court of common pleas in the mat­ ter of changing the names of persons who desired it, a matter in which the court of common pleas had exclusive cognizance from 1842 to 1896. Since 1896, the probate court has been required to record certificates of doctors and surgeons, and since 1916, the certifi­ cates of registered nurses which authorize them to practice their professions in the state. Since 1913, the court has been vested with the power to grant injunctions, and since 1915, has had con­ current jurisdiction with the court of common pleas in condemnation proceedings for roads. • -2­ • PROBATE COURT RECORDS The probate judge, like other county officials, has been required by statute to keep a record of the business of his office. The present system of records, originating for the most part in 1853, and continued by the probate code of 1931, includes a criminal record, an administrative docket, a guard­ ians docket, a marriage record, a record of bonds, a naturali­ zation record, and a permanent record of births and deaths. The probate judge has the care and custody of the files, papers, books, and records belonging to the probate office and is ex officio clerk of the court. The probate code, adopted in 1931, directed the probate judge to preserve for future reference and examination all pleadings, accounts, vouchers, and other papers in each estate, trust, assignment, guardianship, or other pro­ ceedings, such papers to be properly jacketed and tied together; he is required also to make proper entries and indexes omitted by his predecessors. Certificates of marriages, reports of births, and similar papers not a part of a case or proceeding are to be arranged and preserved separately in the order of dates in which they are filed. ORIGINAL PROBATE DOCUMENTS AND CASE PAPERS, 1818-­ Original probate documents, including all original estate papers, original papers concerning wills, appointments of adminis­ trators, notices of filing claims, inventories, petitions to sell • personal property and real estate, to re~ove executor or adminis­ trator, waivers of next of kin, transcripts, court orders, decrees, determination of heirship, and determination of inheritance tax, showing case number, date of document, names of principals, volume and page numbers of probate journal, itemized cost bills, guardians appointed, adoptions, ministers' licenses, names changed, commit­ ments of mental, epileptic, other incompetents, and all other pro­ bate court cases; also includes testamentary letters, guardian­ ships, and record of wills transcribed from Record, Common Pleas, 1813-1851; (Juvenile court cases), 1904--, and Cost bill record, 1911·32. All papers of each case filed in envelopes and labeled by case numbers and name of estate or principals. Arranged numberi­ cally by case numbers. No index. Papers from 1818-1905 found"in file cabinets in south storeroom. From 1906 on, in prooate court vault. ESTATES AND GUARDIANSHIPS WILLS, 1818-­ Record of wills probated by the court, showing names of testa­ tor, date of will, date filed for probate, names of heirs, dis- " position of estate (personal and real), name of executor or admin­ ~strator, copy of journal entry approving probation of will, and • estate numbers; also testimony of witnesses concerning sanity of -3­ J testator, and a statement that all just debts will be paid. Arranged alphabetically by names of testators and chronologically • thereunder by dates of wills. Found in probate court vault. WILLS (DEPOSITED) 1883-­ Original wills filed and held by the court for safe keeping, showing name of person making will, date of filin~, names of heirs, disposition of estate (real and personal property), name of executor or administrator, statement from probate judge as to the legality of the will, names of witnesses, and notarization (if any).
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