NYGENESE-L ArchivesArchiver > NYGENESE > 2000-05 > 0958078100
From: Cindy Amrhein <>
Subject: Re: [NYGENESE] Land Record questions
Date: Thu, 11 May 2000 13:48:20 -0700
Ah Yes Tom!
A very good point. Being an Abstractor as well as a Historian I
have run across that several times. Let's not forget the "deed by will.
" Always check probate files if you know other family members.
Families do what they want with their land, and not always what they
Example: Joseph Smith dies in 1850 and wills his land to his son
Robert. Let's say you don't know about Joseph yet. You have Robert
but can't find the deed where he lives. You look for 20 years ahead and
still no deed, but you know he was there.
Here is what could happen (which you can read these good tips at my
Joseph leaves Robert his land in his will. An executor's deed is never
done, Robert says who cares I know its mine. Robert then dies and
leaves it to his son Charles in his will. No executors deed is done
again. Charles says well its in the will that it's mine, that is good
enough for me. Charles dies, and leaves it to his son Ralph who tries
to sell it in 1890. Now poor Ralph needs an attorney to straighten out
the mess his family has created. That is the edited version about a
real property search I had. In other words, check at least 50 years
Especially in ye olden days, deeds could be dated and signed but not
recorded for months, even years. Sometimes it was a matter of being a
long journey to Batavia, then there was the crops to tend to, and the
cows and live stock, etc. It was recorded when they got a round to it,
Daily living was more of a priority in the early 1800's.