Learning More About the Law
By Shannon Combs-Bennett, Student The first three modules of the course US: Probate Records covered a lot of historical information and background on probate records in the U.S. It was fascinating to learn about why and how the laws concerning probate records evolved over time from Colonial to the modern era. It was obviously just a scratch of the surface since each state and jurisdiction is different but now students in this course have a great foundation to build on. Being originally an English colony, many of the U.S. laws are based on the English ones brought over with the colonists, particularly the idea of common law. Now, I grew up hearing this word bandied about frequently. Mainly it was in reference to common law marriages, but still it is a term that many people are familiar with. Familiar, yes, but I would guess that not everyone knows exactly what it means. According to the course “common law governed the land.” It appears to have evolved here in the U.S. as a way that the land is divided (there are actually multiple ways covered in the course) after a person’s death. However, each colony, and now each state, had their own laws and ways they liked to conduct probate matters. Which is why we all know nothing is ever as simple as it seems. If we are going to do extensive research into probate records we, as good genealogists, will need to brush up on the laws and regulations of…
