Vermont Probate Records: Difference between revisions

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== History  ==
== History  ==


Since Vermont first proclaimed itself an independent republic in 1777, probate records have been kept by probate district courts. Unlike Vermont county courts, which have jurisdiction over the entire county, early Vermont probate districts were confined to a specific geographical area within the county. As a result, counties were comprised of multiple probate districts. Initially the number of probate districts per county was set by Vermont legislators at four.<ref name="null">Walter H. Crockett, editor, ''Journals and Proceedings of the General Assembly of the State of Vermont''; vol. 3, part 1 of ''State Papers of Vermont'' (Bellows Falls, Vermont: P. H. Gobie Press, Inc., 1924), 8.</ref> When representatives met in general assembly in February 1779 they created three probate districts in Bennington County (Bennington, Manchester, and Rutland), and four in Cumberland County (Guilford, Rockingham, Windsor, and Barnet).<ref>Allen Soule, editor, ''Laws of Vermont, 1777-1780''; vol. 12 of ''State Papers of Vermont'' (Montpelier, Vermont: Vermont Printing Company, 1964), 85-86.</ref>  
A general knowledge of Vermont history is essential to understanding Vermont probate records. The territory we now recognize as Vermont was first inhabited by Europeans during the mid 1600s. The 1666 establishment of Fort Sainte Anne on the Isle La Motte is considered to be the first permanent European settlement. Non-French settlers began exploring and inhabiting the Vermont region towards the end of the 17th century. The first British settlement, Fort Dummer, was built in 1724. Before long, conflict over the frontier region erupted between the two nations. As a result of France’s defeat in the French and Indian War, Britain gained control over the entire region.
 
Disputes over the region soon developed amongst the British colonies. Massachusetts, New Hampshire and New York all asserted claim to parts of the territory. In 1740, King George II established the modern day boundary between Massachusetts and New Hampshire. The border, however, between New York and New Hampshire remained relatively undefined. From 1749 to 1763 New Hampshire issued a series of land grants for 129 towns in Vermont. The majority of property was located in areas lying west of the Green Mountains (or New York side). A ruling in 1764 by King George III set the boundary line between New York and New Hampshire as the Connecticut River (or the modern day boundary between Vermont and New Hampshire). Land previously granted by New Hampshire now fell under the jurisdiction of New York. When New York failed to recognize the New Hampshire grants the colonists became infuriated. Settlers of the New Hampshire Grants formed an informal militia, known as the Green Mountain Boys, to prevent New York officials from exercising their authority. Consequently, a period of strife ensued.
 
Representatives of the New Hampshire Grants eventually remedy the situation in 1777 by declaring themselves an independent republic. Initially, the state was known as New Connecticut, but later the name Vermont was adopted. Following the Revolutionary War and the ratification of the Constitution, Vermont was admitted as the 14th state in the union on 14 March 1791. Researchers looking for probate records prior to Vermont’s independence are encouraged to check the records of New York or New Hampshire. There are no known probate records in Vermont prior to independence.
 
Since 1777 Vermont probate records have been kept by probate district courts. Unlike Vermont county courts, which have jurisdiction over the entire county, early Vermont probate districts were confined to a specific geographical area within the county. As a result, counties were comprised of multiple probate districts. Initially the number of probate districts per county was set by Vermont legislators at four.<ref name="null">Walter H. Crockett, editor, ''Journals and Proceedings of the General Assembly of the State of Vermont''; vol. 3, part 1 of ''State Papers of Vermont'' (Bellows Falls, Vermont: P. H. Gobie Press, Inc., 1924), 8.</ref> When representatives met in general assembly in February 1779 they created three probate districts in Bennington County (Bennington, Manchester, and Rutland), and four in Cumberland County (Guilford, Rockingham, Windsor, and Barnet).<ref>Allen Soule, editor, ''Laws of Vermont, 1777-1780''; vol. 12 of ''State Papers of Vermont'' (Montpelier, Vermont: Vermont Printing Company, 1964), 85-86.</ref>  


Before long Vermont’s population necessitated the creation of additional counties. In 1781 Cumberland County was abolished and the counties of Windsor, Windham, and Orange were formed. Rutland County was also formed from the northern portion of Bennington County. As a result of the reconfiguration, the number of probate districts per county decreased. Each Vermont county was divided into two probate districts, with the exception of Rutland, which was established with one. Since that time, all Vermont counties have been comprised of either one or two probate districts.<ref>John A. Williams, editor, ''Laws of Vermont, 1781-1784''; vol. 13 of ''State Papers of Vermont'' (Barre, Vermont: Modern Printing Company, 1965), 12-13.</ref>  
Before long Vermont’s population necessitated the creation of additional counties. In 1781 Cumberland County was abolished and the counties of Windsor, Windham, and Orange were formed. Rutland County was also formed from the northern portion of Bennington County. As a result of the reconfiguration, the number of probate districts per county decreased. Each Vermont county was divided into two probate districts, with the exception of Rutland, which was established with one. Since that time, all Vermont counties have been comprised of either one or two probate districts.<ref>John A. Williams, editor, ''Laws of Vermont, 1781-1784''; vol. 13 of ''State Papers of Vermont'' (Barre, Vermont: Modern Printing Company, 1965), 12-13.</ref>  
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Today Vermont has 14 counties and 18 probate districts. The four southern counties (Bennington, Rutland, Windham, and Windsor) still have two probate courts each.  
Today Vermont has 14 counties and 18 probate districts. The four southern counties (Bennington, Rutland, Windham, and Windsor) still have two probate courts each.  


Vermont probate courts are responsible for&nbsp;wills, inventories, estates, guardianships, name changes, adoptions, and relinquishments. Adoption cases over 99 years old are open to the public.  
Vermont probate courts are responsible for&nbsp;wills, inventories, estates, guardianships, name changes, adoptions, and relinquishments. Adoption cases over 99 years old are open to the public.


== Record Synopsis  ==
== Record Synopsis  ==
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