Prince Edward Island Ancestors: Looking for Ancestors in Probate Records on Family Search

 Thanks to the pandemic, travelling to Archives has been severely restricted. This makes finding online sources to search all the more important. Some provinces already had a good online presence pre pandemic, while others did not. If the pandemic has been good for one thing, it's been making Archives and Museums rethink their strategies.

FamilySearch has always been ahead of the curve in bringing genealogy into people's homes digitally. But what a lot of people don't realize is that only a fraction of what they have on line is indexed. It's always good to check their catalogs for digitized materially that hasn't been indexed. Those searching in Prince Edward Island should bookmark the collection Probate records, 1807-1958; indexes, 1786-2000. This collection of 213 microfilm reels covers almost 200 years of wills and estate records in the province. Most but not all the reels are available to be viewed from the comfort of your own home. There are a few that can only be viewed at a Family History center, or one of its affiliate libraries. 

The fact that there are over 200 films can be daunting for an unindexed collection. However, they can be divided into sets. You can narrow your search down just to a comparable few. Just pick a microfilm, then click on the camera to the right. If the camera has a key above it, then it is one of the reels that can only be viewed at a Family History Center.

Indexes

There are 4 reels of indexes. Two have access restricted to the Family History Centers, but two do not. They are:

• Index no. 1 (original index) to wills and administrations, 1786-1900 (also includes index to wills not recorded, and some "exemplifications, partitions and sundry, other documents filed prior to first January A.D. 1901") - restricted

• Indexes no. 1-4 to wills and administrations, 1786-1983 (index no. 1 is a reorganized and partially-typed copy of the original index)

• Index no. 5 to wills and administrations, 1984-May 2000

• Index, letters of administration 1897-1901; index, letters of probate 1897-1901 - restricted

Depending on the time period, the pages are set up in different ways. The indexes can give any of the following information

• name
• residence
• whether will or administration
• will number
• inventory number
• Liber
• Folio
• Date of Grant
• Remarks

Some are typed and some are handwritten. Here's a page from the l860s and 1870s

Will Books

This set also has some restricted reels. Some of the wills are on the same reels as the indexes, but further along in the images. They are:

• Will books, v. 1-2, 1807-1833 - restricted

• Will books, v. 3-5, 1833-1858 - restricted

• Will books, v. 6-7, 1858-1868 - restricted

• Will books, v. 8, 1868-1875 - restricted

• Will books, v. 9, 1875-1880 - restricted

• Will books, v. 10-11, 1880-1887 - restricted

• Will books, v. 12, 1888-1891 - restricted

• Will books, v. 13, 1891-1894 - restricted

• Will books, v. 14-15, 1894-1900 - restricted

• Will books, v. 16-17 (to p. 582), 1902-1909

• Will books, v. 17 (from p. 581)-20 (to p. 360), 1909-1917

• Will books, v. 20 (from p. 359)-23 (to p. 140), 1917-1923

• Will books, v. 23 (from p. 140)-25 (to p. 420), 1923-1929

• Will books, v. 25 (from p. 419)-28 (to p. 134), 1929-1934

• Will books, v. 28 (from p. 133)-30, 1934-1939

• Will books, v. 31-33, 1939-1944

• Will books, v. 34-37 (to p. 881), 1944-1950

• Will books, v. 37 (from p. 880)-41, 1950-1958

These are copies of the wills. There is not always 1 will to a page. As one ends, the next will continue underneath. Here is an example from 1904

Estate Files

This is by far the biggest section. The reels are listed in the following way, so that it is actually fairly easy to find the ones you want to look at:

• First letter of surname
• Year Range
• File number range

Estate files are the pot of gold for a genealogist/family historian. You can find a huge amount of information in these. Some details are purely for insight into your ancestor. While knowing that your ancestor owned 2 lame cows (yes I did find that in a listing) is amusing, it doesn't add a lot to your research. However, other details can help you further your research. Estate files can contain

• copy of the will/ letter of administration
• birth details
• death details
• coordinates of land owned
• family members
• inventories of possessions and cash

Here's a great example of grandchildren inheriting in the will of Thurza Ford in 1894. It even shows their ages and residences!

Here's an example from 1921. One of the executors for Frederick Anderson has made an affidavit to the court to be sole executor. The other named executor could not perform their duties because they are currently an inmate of the Provincial Asylum

And here is newspaper clipping of a notice paid for by the executor of the estate of James Waite. The notice askes for anyone who has a claim against the estate to appear before the Court on February 23 1911.

Some things to keep in mind with the collection:

1. You should look at the indexes first. If your ancestor is listed, it will give you the will/estate file number. This can help narrow your search even further.
2. The Estate Files microfilms have "testate" or "intestate" labelled on them. However, I found intestate files in among the testate rolls, and vice versa.
3. The handwriting on some of the documents can be rather cumbersome. Give your self a quick refresher on the "boiler plate language" in wills. Look for phrases such as "by the Grace of God', "being of sound mind", and "I give and bequeath". This can give you an insight into how the writer formed letters, which in turn can help you decipher the rest of the handwriting.
4. Keep the main list in one window, and then right click and open individual rolls in new tabs. It's much more efficient.

FamilySearch's image viewer allows you to zoom in and out, print and download specific images. I find it's much easier on the eyes to download the image and crop it before printing. A printed page that you need a magnifying glass to read doesn't help your paper files much. Whether your system is digital or paper, make sure you include not only the reel information but the image number in your source citation. Imagine how frustrated you'll be a year from now when you have to wade through hundreds of images on a reel if for some reason you need to find that image again.

Saskatchewan Ancestors: Browsing Court Records on Family Search

If you have Saskatchewan ancestors, then you know that finding good sources on line can be difficult. In my own limited experience with Saskatchewan resources, I have unfortunately found that this province is far behind others in availability. Now to be fair, a lot of it has to do with privacy laws. Saskatchewan is a much younger province than say, Quebec. There isn't a whole lot that's available outside the privacy laws. With the current global pandemic, I don't see a lot of digitizing going on in the near future of those records that can be open access.

In our new "normal", a lot of genealogists are celebrating more time to research. Those browse only on line collections are getting more attention, as there is now more time for genealogy. Those of you with Saskatchewan ancestors should take a look at Family Search's collection Saskatchewan, Judicial District Court Records, 1891-1954. This collection comprises of records for the Saskatchewan Supreme Court and the King's Court Bench. If you're unfamiliar with the Canadian Court system, you might want to brush up on what the Supreme Court covers. Family Search has a wiki that gives a nice overview. You might also want to check out a blog post I wrote just over a year ago. The post, 52 Ancestors: Week 9 - The Canadian Court System and where to find records, serves as a quick reference on where to find court records for each province and territory.

https://www.familysearch.org/search/collection/1392587

The collection has over 200,000 images. The title says it covers from 1891-1954. However, I only saw up to 1935 in the subsection titles. You want to first select your Judicial District. The only one shown is Regina. Because of this and the year range in the title, I'm assuming that they plan to add to this collection in future.

Next you have an overwhelming amount of subsections. But if you break it down, then it's not as bad. I'll divide them into sections for you.

Docket Books and Indexes
These cover the years from 1916 to 1935. Full files are not available for these cases, with the exception of some for 1918, but you can still get some good information. The individual links are:

• Docket books and indexes, 1916-1918, vol 9
• Docket books and indexes, 1918-1920, vol 10
• Docket books and indexes, 1920-1921, vol 11
• Docket books and indexes, 1921-1922, vol 12
• Docket books and indexes, 1922-1923, vol 14
• Docket books and indexes, 1922, vol 13
• Docket books and indexes, 1923-1925, vol 15
• Docket books and indexes, 1925-1926, vol 16
• Docket books and indexes, 1926-1928, vol 17
• Docket books and indexes, 1928-1931, vol 18
• Docket books and indexes, 1931-1935, vol 19

These books and indexes are centrally held in Regina. So just because your ancestor didn't live in Regina doesn't mean they won't be here. The first part of each book is arranged alphabetically by surname of Plaintiff. I looked to see if there was cross referencing involved, and there doesn't appear to be in the few examples I checked. The second part of the books gives a little more detail on individual cases. For instance, in Docket books and indexes, 1921-1922, vol 12, the top entry is this on image 15:

The Holland Canada Mortgage Company Ltd is the Plaintiff. Wilford J Burnette is the Defendant. Next to the entry is No 335 Folio 3. This means case 335 on page 3 of the second half of the book, after the alphabetically index. I found the entry on image 44. Because this case is not at the top of the page, I'll show what the columns mean as a separate image.

This images gives some more detail on the case. It lists the separate court dates and the reasons for each one. It appears that Wilfred, or Wilford in the index, defaulted on his mortgage. Sadly, the final result was a foreclosure. If Wilfred/Wilford was your ancestor, this would give you insight as to why he moved.

Kings Bench Files

These files cover the first 175 cases of 1918. They are broken up into these subsections:

• King's Bench files, 1918, files 1-36
• King's Bench files, 1918, files 37-57
• King's Bench files, 1918, files 58-95
• King's Bench files, 1918, files 96-112
• King's Bench files, 1918, files 113-148
• King's Bench files, 1918, files 149-175

So, in Docket books and indexes, 1916-1918, vol 9, I find a case. Case no 7 is William A Black of Darby, Delaware PA versus Mary Cowan of Winnipeg, Manitoba. Rather intriguing, as neither one was currently residing in Saskatchewan.

So, then I went to the corresponding section, and I jumped back and forth through the images until I found a file folder image. This signifies the start of each case

There are almost 50 images in this case. Long story short, William Black owned land in Saskatchewan. In the land registry office there is a record of William giving Mary Cowan a mortgage on the land. William states that he never gave a mortgage to Mary, and has no idea who Mary is. Because of the mortgage entry, there is "a cloud" over the validity of his ownership. The mortgage was apparently given to Mary by L. Black, acting as attorney for William. The only L. Black he knows is his deceased mother. To muddy the waters further, he found correspondence between his mother and a Mary Cowan. Hmmmm. Despite attempts to locate her in a few provinces, no one was able to find Mary, and no one turned up at the proceedings. The Court ruled to remove the mortgage from the Land records.

For the ones that don't have an index book to refer to in this collection, you're going to need a time frame of when you think the court case occurred, and just start browsing to find what you need. Since time is something a lot of people have right now, at least it will make that physical distancing go faster.

Supreme Court Files

This last and biggest section deals with cases from 1893 to 1907. 

• Supreme Court files, 1893-1894, files 271-330; files 1-5 (Archives file no 2755-2848)
• Supreme Court files, 1894-1895, files 265-349; files 1-3 (Archives file no 3108-3192)
• Supreme Court files, 1894, files 6-107 (Archives file no 2849-2949)
• Supreme Court files, 1894, files 108-180 (Archives file no 2950-3023)
• Supreme Court files, 1894, files 181-264 (Archives file no 3024-3107)
• Supreme Court files, 1895-1896, files 302-348; files 1-68 (Archives file no 3481-3596)
• Supreme Court files, 1895, files 4-97 (Archives file no 3193-3286)
• Supreme Court files, 1895, files 98-186 (Archives file no 3287-3365)
• Supreme Court files, 1895, files 187-301 (Archives file no 3366-3480)
• Supreme Court files, 1896-1897, files 423-473; files 1-73 (Archives file no 3954-4080)
• Supreme Court files, 1896, files 69-190 (Archives file no 3597-3719)
• Supreme Court files, 1896, files 191-307 (Archives file no 3720-3836)
• Supreme Court files, 1896, files 308-422 (Archives file no 3837-3953)
• Supreme Court files, 1897-1898, files 249-329, 31-32; files 1-51 (Archives file no 4256-4392)
• Supreme Court files, 1897, files 74-166 (Archives file no 4081-4173)
• Supreme Court files, 1897, files 167-248 (Archives file no 4174-4255)
• Supreme Court files, 1898-1899, files 1-54 (Archives file no 4585a-4640)
• Supreme Court files, 1898, files 52-143 (Archives file no 4393-4484)
• Supreme Court files, 1898, files 144-237, 37 (Archives file no 4485-4584)
• Supreme Court files, 1899-1900, files 226-243; files 1-50 (Archives file no 4811-4882)
• Supreme Court files, 1899, files 55-145 (Archives file no 4641-4730)
• Supreme Court files, 1899, files 146-225 (Archives file no 4731-4810)
• Supreme Court files, 1900-1901, files 237-325; files 1-19 (Archives file no 5069-5180)
• Supreme Court files, 1900, files 51-128 (Archives file no 4883-4960)
• Supreme Court files, 1900, files 129-236 (Archives file no 4961-5068) (file 129 after file 130)
• Supreme Court files, 1901-1902, files 286-328, 286-287; files 1-31 (Archives file no 5447-5523)
• Supreme Court files, 1901, files 20-109 (Archives file no 5181-5270)
• Supreme Court files, 1901, files 110-187 (Archives file no 5271-5348)
• Supreme Court files, 1901, files 188-285 (Archives file no 5349-5446)
• Supreme Court files, 1902-1903, files 324-402; files 1-18 (Archives file no 5815-5919)
• Supreme Court files, 1902, files 32-134 (Archives file no 5524-5625)
• Supreme Court files, 1902, files 135-231 (Archives file no 5626-5722)
• Supreme Court files, 1902, files 232-323 (Archives file no 5723-5814)
• Supreme Court files, 1903-1904, files 513-514; files 1-104 (Archives file no 6355-6435)
• Supreme Court files, 1903, files 19-101 (Archives file no 5920-6002)
• Supreme Court files, 1903, files 102-185 (Archives file no 6003-6085)
• Supreme Court files, 1903, files 186-246 (Archives file no 6086-6146)
• Supreme Court files, 1903, files 247-308 (Archives file no 6147-6208
• Supreme Court files, 1903, files 309-375 (Archives file no 6209-6275)
• Supreme Court files, 1903, files 376-512 (Archives file no 6276-6354)
• Supreme Court files, 1904-1905, files 1089-1201; files 1-6 (Archives file no 7416-7533)
• Supreme Court files, 1904, files 105-183 (Archives file no 6436-6514)
• Supreme Court files, 1904, files 184-272 (Archives file no, 6515-6601)
• Supreme Court files, 1904, files 273-373 (Archives file no 6602-6702)
• Supreme Court files, 1904, files 374-479 (Archives file no 6703-6808)
• Supreme Court files, 1904, files 480-557 (Archives file no 6809-6885)
• Supreme Court files, 1904, files 558-641 (Archives file no 6886-6969)
• Supreme Court files, 1904, files 642-728 (Archives file no 6970-7056A)
• Supreme Court files, 1904, files 728A-804 (Archives file no 7056B-7132)
• Supreme Court files, 1904, files 805-896 (Archives file no 7133-7224)
• Supreme Court files, 1904, files 897-985 (Archives file no 7225-7313)
• Supreme Court files, 1905-1906, files 1595-1678; files 1-13 (Archives file no 9120-9216)
• Supreme Court files, 1905, files 7-109 (Archives file no 7534-7636)
• Supreme Court files, 1905, files 110-219 (Archives file no 7631-7745)
• Supreme Court files, 1905, files 220-297 (Archives file no 7746-7823)
• Supreme Court files, 1905, files 298-400 (Archives file no 7824-7928)
• Supreme Court files, 1905, files 401-501 (Archives file no 7929-8028)
• Supreme Court files, 1905, files 502-604 (Archives file no 8029-8131)
• Supreme Court files, 1905, files 605-698 (Archives file no 8132-8225)
• Supreme Court files, 1905, files 699-797 (Archives file no 8226-8323)
• Supreme Court files, 1905, files 798-904 (Archives file no 8324-8429)
• Supreme Court files, 1905, files 905-978 (Archives file no 8430-8503)
• Supreme Court files, 1905, files 979-1068 (Archives file no 8504-8593)
• Supreme Court files, 1905, files 1069-1158 (Archives file no 8594-8683)
• Supreme Court files, 1905, files 1159-1263 (Archives file no 8684-8788)
• Supreme Court files, 1905, files 1264-1357 (Archives file no 8789-8882)
• Supreme Court files, 1905, files 1358-1472 (Archives file no 8883-8997)
• Supreme Court files, 1905, files 1473-1594 (Archives file no 8998-9119)
• Supreme Court files, 1906-1907, files 2214-2251, 1486, 152; files 1-44 (Archives file no 11409-11494)
• Supreme Court files, 1906, files 14-115 (Archives file no 9217-9318)
• Supreme Court files, 1906, files 116-220 (Archives file no 9319-9422) (file 152 found after file 2251)
• Supreme Court files, 1906, files 221-295 (Archives file no 9423-9497)
• Supreme Court files, 1906, files 295-379 (Archives file no 9497d-9581)
• Supreme Court files, 1906, files 380-468 (Archives file no 9582-9670)
• Supreme Court files, 1906, files 469-561 (Archives file no 9671-9762)
• Supreme Court files, 1906, files 562-648 (Archives file no 9763-9849)
• Supreme Court files, 1906, files 649-753 (Archives file no 9850-9954)
• Supreme Court files, 1906, files 754-864 (Archives file no 9955-10065)
• Supreme Court files, 1906, files 865-948 (Archives file no 10066-10149)
• Supreme Court files, 1906, files 949-1056 (Archives file no 10151-10256)
• Supreme Court files, 1906, files 1057-1148 (Archives file no 10257a-10348)
• Supreme Court files, 1906, files 1149-1236 (Archives file no 10348-10436)
• Supreme Court files, 1906, files 1237-1338 (Archives file no 10437-10538)
• Supreme Court files, 1906, files 1339-1454 (Archives file no 10539-10651)
• Supreme Court files, 1906, files 1455-1567 (Archives file no 10652-10763) (file 1486 found after file 2251)
• Supreme Court files, 1906, files 1568-1683 (Archives file no 10764-10879)
• Supreme Court files, 1906, files 1684-1780 (Archives file no 10880-10975)
• Supreme Court files, 1906, files 1781-1880 (Archives file no 10976a-11075)
• Supreme Court files, 1906, files 1881-1993 (Archives file no 11076-11188)
• Supreme Court files, 1906, files 1994-2101 (Archives file no 11189-11296)
• Supreme Court files, 1906, files 2102-2213 (Archives file no 11297-11408)
• Supreme Court files, 1907, files 45-149 (Archives file no 11495-11599)
• Supreme Court files, 1907, files 150-266 (Archives file no 11600-11717)
• Supreme Court files, 1907, files 267-367 (Archives file no 11718-11821)
• Supreme Court files, 1907, files 368-471 (Archives file no 11822-11925)
• Supreme Court files, 1907, files 472-559 (Archives file no 11926-12013)
• Supreme Court files, 1907, files 560-643 (Archives file no 12014-12094)
• Supreme Court files, 1907, files 644-752 (Archives file no 12095-12203)
• Supreme Court files, 1907, files 753-866 (Archives file no 12204-12317)
• Supreme Court files, 1907, files 867-974 (Archives file no 12318-12424)
• Supreme Court files, 1907, files 975-1064 (Archives file no 12425-12514)
• Supreme Court files, 1907, files 1065-1147 (Archives file no 12515-12597)
• Supreme Court files, 1907, files 1148-1245 (Archives file no 12598-12695)
• Supreme Court files, 1907, files 1246-1345 (Archives file no 12696-12794)
• Supreme Court files, 1907, files 1346-1451 (Archives file no 12795-12900)
• Supreme Court files, 1907, files 1452-1538 (Archives file no 12901-12986) (for file 1527 see Archive file no 13329)
• Supreme Court files, 1907, files 1539-1639 (Archives file no 12987-13088)
• Supreme Court files, 1907, files 1640-1735 (Archives file no 13089-13184)
• Supreme Court files, 1907, files 1736-1844 (Archives file no 13185-13293)
• Supreme Court files, 1907, files 1845-1877, 599, 600, 1527 (Archives file no 13294-13329)

These ones are set up exactly like the King's Bench files. Each file starts with an image of a file folder, and then the subsequent images are of the folder contents.

I don't know if index and docket books exist somewhere else for the years pre 1916. If there are, and you know of an online resource for them, please feel free to let me know in the comments below.

52 Ancestors Week 10: Records for Spinster Aunts and Bachelor Uncles

We get so caught up looking at our direct lines that we don't always look at our ancestors' siblings. There's almost certainly siblings who didn't marry, or married and didn't have children. With no direct descendants, their stories get lost, and that's a shame. We're always looking for interesting ancestors, and sometimes these forgotten ancestors led interesting lives.

Take for instance, my maternal grandmother's oldest brother Jules Mallais. He died in the influenza pandemic in 1918 after being a soldier in World War I. He died a few months shy of his 19th birthday, when my grandmother was only 5 years old. She would have barely remembered him herself, so his story could have been lost. He never got the chance to marry, or have children.

On my paternal side there's my great uncle Hector McDonald. A veteran of Korea, he was a big influence in my dad's life. He married, but never had children. Thankfully, I have my dad and aunt and uncle to tell me stories about what a character he was.

The further back you go through the generations though, you're not going to have people still alive to share their stories. So where can we find information on our "spinster aunts" and "bachelor uncles"?

Following records for unmarried women can often be easier than searching for married women. Because they are not attached to a spouse, they owned assets in their right, and you never have to figure out if that "Mrs. John Smith" is the one your looking for.

Check census records for when your grandparent couples were older. In many cases it was the unmarried daughter who cared for them the last years of their lives. And once their parents passed, many of these women moved in with a sibling. The same can also hold true for the uncles. Also for uncles check the entries on the same page as your direct ancestors to see if they are a neighbour. For that matter, check the pages before and after. Many families stayed very close to each other. A few years ago I wrote a two part blog post on Canadian census records. See here for Part 1, and here for Part 2.

Land records can be useful in tracing those unmarried aunties. They accumulated property in their own name, and not a husband's. The uncles were sometimes given a piece of the main homestead. I haven't yet written a series of posts relating to land records. Because of the complexity and differences between provinces, it's been one that I haven't been able to devote enough time to in order to give it justice. I've provided a link to each province to get you started.

• Service NL- Registry of Deeds
• Public Archives and Record Office for Prince Edward Island
• Nova Scotia Achives
• Provincial Archives of New Brunswick
• Ministry of Energy and Natural Resources of Quebec
• Archives of Ontario Guide to Land Records. This was updated just last month.
• Archives of Manitoba
• Provincial Archives of Saskatchewan
• Provincial Archives of Alberta
• Land Title and Survey Authority of British Columbia
• Yukon Land Titles Office
• Northwest Territories Government
• Government of Nunavut Legal Registries Department

Wills and Probate Records can be a good source of information. Unmarried women had an advantage over married women in this regard. For many years, in the majority of provinces married women were not allowed to legally make a will of their own. The bonus about unmarried aunts' and uncles' wills is that favourite nieces and nephews are often mentioned. One of your ancestors could be mentioned in them. I wrote a series of posts about the Wills and Probate process.

• Part 1 is a brief introduction
• Part 2 covers Newfoundland and Prince Edward Island
• Part 3 covers Nova Scotia and New Brunswick
• Part 4 covers Quebec and Ontario
• Part 5 covers Manitoba and Saskatchewan
• Part 6 covers Alberta and British Columbia
• Part 7 covers Yukon, Northwest Territories, and Nunavut

I mentioned my great uncle Jules was a soldier in the first World War. One of the unfortunate spin offs of military conflict is that many young men died before they married or had children. Library and Archives Canada is your best place to go to start searching for military service. Scroll down to the Military section on their Ancestors Search page. And don't forget about the Nursing Sisters and other women who served. They are included in these databases.

Without the constraints of children, your aunt or uncle may have been involved in churches, fraternal organizations, charities, and local groups. Don't forget to look at these to see if you can find them on membership lists and committees. Local newspapers and City Directories can help with this. I've also found some great surprises on Internet Archive.

Speaking of newspapers, those unmarried aunts and uncles were sometimes a little eccentric for their time period. Check newspapers to see if they were scandalizing the community in some way.

Women didn't often travel alone, but those unattached uncles could have. Check border crossing records between Canada and the US. A lot of times they had to list who they were visiting. You might find extended family in those records to help grow that tree.

If you have any other idea for finding those unmarried and/or childless aunts and uncles, feel free to share below. 

52 Ancestors: Week 9 - The Canadian Court System and where to find records

Week 9 of 52 Ancestors in 52 Weeks has the prompt "At the Courthouse". If you're new to Canadian research, it is important to know a little about the Canadian Court System to find the records you need.

There are two main court systems that genealogists concern themselves with. The Provincial/ Territorial Courts, and the Provincial Supreme Court (or Court of the Queen's Bench). The majority of records that genealogists look for will be in one of these two options. Of course, as with anything else, each province does things a little differently. So who covers what?

Newfoundland and Labrador

The Newfoundland Provincial Court handles the following:

• Youth crimes
• Civil Court cases up to $25,000
• Criminal cases except Indictable Offenses (also known as Felonies in the American Court system)
• Inquiries of accidental or mysterious deaths or fires
• Family law  (Adoption, Child Support, Paternity, Marriages not performed in a church, for example)
• Provincial Offenses

The Supreme Court of Newfoundland handles the following:

• Civil Court cases over $25,000
• Wills and Estates
• Divorce
• Guardianship of minors' personal affairs and finances
• Appeals of decisions from the Provincial Courts
• Criminal Cases of Indictable Offenses

Take note that in some areas of Newfoundland, there is no Family Court at the Provincial Court. In these cases, one would look to the Supreme Court for the records pertaining to Family law.

Prince Edward Island

The Provincial Court of Prince Edward Island handles minor criminal cases, Youth Law, and provincial offences

The Supreme Court of Prince Edward Island handles the following:

• Wills and Estates
• All Family Law
• Small Claims Court
• More serious criminal cases
• Appeals from tribunals and the Provincial Court

The Prince Edward Island Court of Appeal handles the appeals from the other two courts.

Nova Scotia

The Provincial Court of Nova Scotia has jurisdiction of the following:

• All criminal cases except Murder
• Inquiries into suspicious deaths
• Youth Justice Act
• Family Court  matters outside the municipalities of Cape Breton and Halifax
• Small Claims Court handles civil cases under $25,000
• Provincial Offenses

The Supreme Court of Nova Scotia presides over:

• Murder cases
• Family law in the municipal districts of Cape Breton and Halifax
• Appeals from the lower Courts
• Divorce
• Bankruptcy
• Civil cases over $25,000

Wills and Estates are handles through the Probate Court of Nova Scotia.

Nova Scotia Court of Appeal is where final appeals from the Supreme Court are held.

New Brunswick

The Provincial Court of New Brunswick handles:

• Youth Criminal Justice
• Criminal matters except murder
• Provincial offenses

The Court of Queen's Bench of New Brunswick handles:

• Murder cases
• The Family Law division handles all matters relating to Family Law
• Appeals of the Provincial Court
• All Civil cases

Wills and Estates are handled through the Probate Court of New Brunswick.

The New Brunswick Court of Appeal handles appeals from the Court of Queen's Bench.

Quebec

Because of the complex balancing act that Quebec performs between French and English law, the first thing you should do is read the Court of Quebec's webpage of their history. Quebec is unique to the rest of Canada in that it's civil code originated from French law, yet it's criminal code follows English law.

The Court of Quebec is divided into divisions. According to the website, the Civil Division handles 

 "...all plaintiff claims involving monetary value or interest – in relation to the object of the dispute – that are less than $85,000, except claims for alimony, class actions and those reserved for the Federal Court of Canada...".  

If the amount of the claim is less than $15,000, it is handled by the Small Claims Court. 

The Criminal and Penal Division handles any criminal proeedings that are not under the jurisdiction of the Provincial Superior Court.

The Youth Division handles:

• Youth Criminal Justice
• Adoption
• Welfare of Minors

The Superior Court of Quebec has jurisdiction over:

• Appeals of other Courts
• Family Law
• Bankruptcies
• Civil cases over $70,000
• Jury Trials in Criminal matters
• Wills and Estates

The Court of Appeal of Quebec handles appeals from the Superior Court, and also in lower courts in certain circumstances.

Ontario

The Ontario Court of Justice has jurisdiction over:

• Family law is practiced in the Family Court
• Most criminal cases are tried in the Criminal Court
• Provincial offenses
• Child Protection
• Adoptions
• Youth Criminal Justice

The Ontario Superior Court of Justice handles:

• Appeals from lower Courts
• Serious Criminal Matters
• Wills and Estates 
• Bankruptcy
• All civil matters. If under $25,000 it is handled through the Small Claims Court
• All Family Law not covered by the Ontario Court of Justice
• Divorce

Keep in mind matters relating to spousal or child support, and child custody/ access can be handled by either court.

The Court of Appeal for Ontario handles appeals from all lower courts.

Manitoba
The Provincial Court of Manitoba has jurisdiction over almost all criminal matters. Outside of Winnipeg, they also handle a limited amount of Family Law.

The Court of Queen's Bench has 2 divisions:

The General Division deals with criminal and civil litigation matters. The also hear appeals from the Provincial Court.

The Family Division handles all cases pertaining to Family Law and Child Welfare.

The Court of Queen's Bench is also where Wills and Estates are handled.

The Manitoba Court of Appeal handles the appeals from the lower courts.

Saskatchewan
The Saskatchewan Provincial Court has jurisdiction over the following:

• Most criminal cases
• Civil cases up to $30,000
• Some Family Law matters, but only those outside Regina, Saskatoon and Prince Albert
• Traffic and municipal laws

The Court of Queen Bench for Saskatchewan handles:

• The most serious criminal cases
• Civil cases over $30,000
• Divorce and division of assets
• Custody and access to children
• Wills and Estates
• Appeals from the Provincial Court

The Court of Appeal handles appeals from the other courts

Alberta

The Provincial Court of Alberta has jurisdiction over:

• Most of the criminal cases 
• Most civil cases under $50,000
• Child support, custody and access
• Spousal support
• Guardianship

The Court of Queen's Bench of Alberta handles:

• The most serious criminal offenses
• Civil cases over $50,000
• Divorce and division of property
• Wills and Estates
• Appeals from the Provincial Court

The Court of Appeal of Alberta handles appeals from the other courts

British Columbia

The Provincial Court of British Columbia has jurisdiction over:

• Child Welfare
• Child custody and access
• Adult guardianship
• Spousal and child support
• Civil claims $5,001 to $35,000
• Most criminal cases
• Youth Criminal justice
• Provincial and municipal offenses

The Supreme Court of British Columbia handles

• Appeals from the Provincial Court
• Civil claims over $35,000
• Divorce and Division of Property
• Adoptions
• Wills and Estates

The Court of Appeal of British Columbia handles appeals from the lower courts.

Yukon

The Yukon Territorial Court has jurisdiction over:

• Most criminal cases
• Youth Justice cases
• Child protection
• Civil cases under $25,000

The Supreme Court of the Yukon handles:

• Appeals from the Territorial Court
• The most serious criminal cases
• Divorce and division of property
• Custody and Access
• Child and spousal support
• Wills and Estates

The Court of Appeal of Yukon handles appeals from the lower courts. Take note that the BC Court of Appeal also handles cases from the Yukon. If you can't find a record of it in the Yukon, check in Vancouver as well. The judges from this court also sit in the Appeals Courts of the Northwest Territories and Nunavut.

Northwest Territories

The Territorial Court of the Northwest Territories has jurisdiction over:

• Most criminal cases
• Territorial offenses
• Child protection
• Custody and Support
• Civil cases up to $35,000

The Supreme Court of the Northwest Territories handles:

• Appeals from the Provincial Courts
• More serious criminal cases
• Divorce
• Wills and Estates
• Civil cases over $35,000

The Court of Appeal for the Northwest Territories handles appeals from the lower courts. The judges also sit in the Appeals Courts of the Yukon and Nunavut. In special cases, they can also deal with cases from Alberta.

Youth Justice cases be heard in either the Territorial Court or the Supreme Court.

Nunavut

The territory of Nunavut is unique in Canada. The Nunavut Court of Justice handles all civil, criminal, Probate, and Family Law matters. There is no division between a Territorial and Supreme Court.

The Nunavut Youth Court handles cases relating to Youth Criminal Justice.

The Nunavut Court of Appeal handles all appeals. The judges also sit for the Yukon, Northwest Territories, and Alberta Appeals Courts.

A final note, if your ancestor is Indigenous. Many of the Provinces have special courts for cases involving Indigenous or Aboriginal people. These courts work hand in hand with the Native communities. From what I understand, community elders have a say in matters that come before the courts, with a focus on reformation and community involvement.

Probate Records Part 7: The Territories and some Final Tips

In this last segment, we're going to take a look at The Canadian Territories.

The Yukon
Probate in the Yukon used to be handled by the Territorial Court. Today it is handled by the Yukon Supreme Court. It sits mainly in Whitehorse, but does travel to other communities if needed. The central registry for Supreme Court proceedings is located in Whitehorse. The contact information is on their website here.

The Yukon Archives has estate files from 1897-1950. They can be be viewed at the Archives. The records held there are mainly from when the Territorial Court handled the records.

The Northwest Territories
Probate is done through the NWT's Supreme Court. Like the Yukon, the Supreme Court sits mainly in Yellowknife, but will travel to other regions as needed. Requests for access to probate files is done through the Court Registry - Office of the Clerk.

The NWT Archives has a collection in their holdings of estate files from 1926 to 1947. However, due to privacy laws, access is restricted. It is part of the RCMP fonds, so I would imagine any permissions for access would have to come through them.

Because the borders of the Northwest Territories changed so drastically through the years, it would be a good idea to check with the Manitoba, Saskatchewan  and Alberta Provincial Archives in your search. I know Manitoba especially has records relating to the Northwest Territories.

Nunavut
This territory is unique in that there is one unified Court in the Territory called the Court of Justice. Like the other territories, the court primarily sits in Iqaluit,but routinely travels around the territory to give it's residence a chance to resolve legal matters locally.

Since Nunavut only came into existence in 1999, you will not find "historic" probate cases. For this you will have to refer to the records of the Northwest Territories.

General Sources and Tips
To finish off this series of posts, here are some general sites and tips for finding wills:

1. CanLII- The Canadian Legal Information Institute is a non-profit site that has court decisions from across Canada. I typed in "estate" in the keyword search, and got over 96,000 decisions from across Canada. You can also first narrow down by the province or territory of your particular interest.

2. Check the Canada Gazette to see if there is mention of your ancestor's probate. This is especially true if your ancestor was part of the government, or had significant assets.

3. Always check in land records for your province of interest. Wills were sometimes registered in Land Registry offices to prove an heir has title to land.

4. Though Provincial Archives are your best source for looking for wills and probate, don't overlook local Archives and Societies. They might have an index, or some might have microfilms or transcriptions of the Provincial Records.

5. Whether in Provincial or local Archives, look beyond the obvious Court fonds. If the Archive has a collection such as "McDonald family fonds", be sure to check that collection out as well. I've seen more than one that have wills or estate papers in the collection.

Probate Records Part 6: Alberta and British Columbia

In this installment of Probate Records, we're going to look at sources in Alberta and British Columbia. If you missed the earlier installments, you can find them here:

Part 1: An introduction to the records

Part 2: Newfoundland and Prince Edward Island

Part 3: Nova Scotia and New Brunswick

Part 4: Quebec and Ontario

Part 5: Manitoba and Saskatchewan

Alberta
Probate in Alberta, as with other provinces, is handled by the provincial Court of Queen's Bench. When looking for probate records in Alberta, the most important information you need to know is where your ancestor died. There is no central place for court records, so you will have to contact the courthouse where the probate took place. If you are unsure, both Family Search Wiki and Library and Archives Canada suggest getting a search done by the Succession Duties Department . Searches can be done for a fee. Their contact information is:

Succession Duties Department
Public Trustee's Office
10365-97 Street
Edmonton Alberta T5J 3Z8


Once you have the judicial district, then you can contact the courthouse. The Court of Queen's Bench has an interactive map of courthouses here.

The Provincial Archives of Alberta's website states that they have files and indexes available to view onsite. If you can manage a visit there, it might save you some leg work contacting a far away courthouse.

Unfortunately, I could not find any other sources online or otherwise for Probate in Alberta. If you happen to know of any please comment below.

British Columbia
The Supreme Court of British Columbia handles Probate Cases. From a genealogy point of view, BC is much more user friendly on accessing information compared to other parts of Canada. There is a central registry that you can contact to find where your ancestor's probate records can be found. If the records you are looking for are before 1982, then the BC Archives at the Royal BC Museum should have them. They also have some files dated after 1982. Courthouse Libraries BC has a great information page on probate files and where to find them here. The BC Archives also has a reference guide here for the records in their possession. This guide is from 2010 though, so some changes may have been made since then. I did a search of their holdings and you can access it here. Take note that on the left side of the screen there are several subject group that have probate in the title, so check through them all to find the area and year ranges.

Other place to find Probate and Wills:

1. The Abbotsford Genealogical Society has indexes of wills filed in BC from the 1860's to 1940. These have been arranged alphabetically by surname and can be viewed online. They also have an index of wills filed by non residents of BC. Using the index you can find out which of the over 60 volumes of books the name is found in, and what page. You can then request a copy of the will through them. Or if you can make a visit there, they do have the volumes microfilmed.

2. Family Search has the browse only digital collection British Columbia Estate Files, 1859-1949. This is divided by jurisdiction. Some estate files were handled by the County Court, so some locations are further divided by County Court and Supreme Court. Ancestry also has this collection, but it is the same as the Family Search one, and is not indexed.

3. Family Search also has the browse only collection British Columbia Wills, 1861-1981. This collections has indexes from the central registry up to 1981, but the wills themselves only go to 1939.



For the last post in the series, we'll wrap things up with the Territories and some general tips, strategies and finding aids.

Probate Records Part 5 - Manitoba and Saskatchewan

In this series of blog posts, we are travelling west across Canada looking at probate. This post we're looking at Manitoba and Saskatchewan. If you're just joining in, you an find earlier posts here:

Part 1 gives a short overview of probate
Part 2 looks at Newfoundland and Prince Edward Island
Part 3 looks at Nova Scotia and New Brunswick
Part 4 looks at Quebec and Ontario

Manitoba
The probate process in Manitoba officially started in 1871. It falls under the Probate Court division of the Court of Queen's Bench. There are some earlier probate and wills records before 1871, but they are much fewer. Each regional courthouse is responsible for the keeping on records for their particular area. These are routinely transferred to the Archives of Manitoba under the following criteria:

• Records over 60 years old from the Eastern Judicial District in Winnipeg
• Records over 20 years old from outside of Winnipeg

The Winnipeg Courthouse has a central index. The indexes are divided by year, then alphabetically. A search can be requested, but you will need to provide the deceased's name and date of death. Copies of some of these indexes are also at the Manitoba Archives. The Manitoba Archives' website has a great explanation on the two step process in obtaining probate here.

Some other resources for finding probate and wills are:

1. 1763-1921 Wills of Hudson Bay Company officers are held at the HBC Archives, part of the Provincial Archives

2. Family Search has the searchable online collection Manitoba Probate Files, 1871-1930. They also have several microfilms listed here.

3. Ancestry has the same collection as Family Search, but it is browse only by district.

Saskatchewan

Probate cases go back to 1883. Like Manitoba, probate cases are handled by the Court of Queen's Bench in Saskatchewan. Now, I have read conflicting information on these records. Some sources say that records pre 1930 have been transferred to the Provincial Archives of Saskatchewan, while others have said that they are all still in the custody of the individual courthouses. If indeed older records have been transferred to the Archives, then they can only be accessed onsite. They does not seem to be an inter library loan program, and I could not find anything on their website suggesting they have been digitized. 

In any case, there is a central index of all the province's probate files located at the Registrar's Office at the Regina Courthouse. By looking at the indexes, you can find out whether your ancestor's estate was probated, and where. The process  for getting a search done, and fee schedule is on the Saskatchewan Law Court's website here.

Some other sources to get probate information:

1. Family Search has the browse only collection Saskatchewan, Judicial District Court Records, 1891-1954. These are the docket books and indexes from the central registry in Regina.

2.Family Search also has a browse only collection called Saskatchewan, Probate Estate Files, 1887-1931. These cover the entire province. Narrow your search first by district, then year, then file number.

Next post we will look at Alberta and British Columbia

Probate Records Part 4: Quebec and Ontario

The past few posts we've been travelling across Canada looking at sources for Probate Records. Part 1 gave a brief overview of the records, Part 2 talked about Newfoundland and Prince Edward Island, and in Part 3 we talked about Nova Scotia and New Brunswick. This post we're looking at Quebec and Ontario. Both provinces are unique compared to other provinces.

Quebec
Unlike the rest of Canada, Quebec has never strictly followed the rules of English Common Law. Wills and the records you would find in Probate Court files were historically instead done through Notaries.

Notaries played a very important role in the lives of people in Quebec. They were the ones who registered and kept records on all those events that we as genealogists crave. They handled the transactions for:

• marriage contracts
• deeds
• indentures
• wills
• inventories of estates
• guardianship records

Finding Notarial Records can be a little tricky. First you will need to have a good working knowledge of the French language. There were some English notaries, but the majority were French. The second thing you need to find out is what notaries were working in your ancestor's area. This is very important, because these are cataloged as a group of records in the repositories under the Notary's name. There are two books that you will want to get a hold of:

• Laliberte, J.M. Index des greffes des notaries decide, 1645-1948. Quebec, Canada:B. Pontbriand, 1967.
• Qunitin, Robert J. The Notaries of French Canada, 1626-1900: Alphabetical, Chronilogically, by Area Served. Pawtucket, Rhode Island, U.S.A.: R. J. Qintin, 1994.

These books can help you locate which notaries were in practice both in the area and the time period your ancestor lived.

Now, once you have the names of notaries you're interested in, you can now check out these various sources:

1.More recent records are kept by the judicial district office of where your ancestor lived. A list of the offices and contact information can be accessed here. I kept finding conflicting information for both year range and access rules, so your best bet is to contact them directly.

2. Ancestry has 2 collections on Notarial Records: Quebec, Canada, Notarial Records, 1637-1935 and Quebec Notarial Records (Drouin Collection), 1647-1942. Both are collections of the indexes to the records. Some will also link to the record it self, but not all.

3. Family Search has a browse only collection called Quebec Notarial Records, 1800-1920. First you narrow down by judicial district, then by notary, then by year range.

4. The Drouin Institute has an index of Notaries here. They also have a collection of notarial records here.

5. The Superior Court of Quebec does and has handled some Probate cases. These are called "Successions". You can see how the process is handled on their webpage.

6. BAnQ has a large collection of notary records. Click here and scroll down to the notaries section.

Ontario
Searching for Probate in Ontario is unique. Unlike some of the other provinces, early Ontario settlers did not care a lot about probate. Unless there were significant assets, large amounts of land and/or minor children involved, a larger percentage of people than normal didn't go through the process. It was often much cheaper for them to register the will at the local land registry to make sure title passed to the heir.

Before 1793, the court only got involved if the deceased had no will. Wills were left with a notary, similar to Quebec. From 1793 to 1858, a central provincial Probate Court handled cases that involved property in more than one district. Those with assets in one district were handled at the County or District level Surrogate Court that the property was located in. After 1858, the Surrogate Courts handled all cases. These are called Estate Files.


Sources for wills and estates:

1. Records are routinely transferred to the Archives of Ontario (AO). They have a great information sheet on everything you need to know about wills and estate files here. This was just updated this month, so the information it contains is completely up to date. The AO also participates in inter library loan, if the file has been microfilmed. Not all of them are. I've used the service for other types of microfilm, and it is usually very quick.

2. Family Search has many microfilms pertaining to Probate. You can see a list of them here. They haven't been digitized yet, but you can order and view them at any Family History Center.

3. If you've determined that the AO does not have your ancestor's files in their possession yet, then you must go through the court house that handled the case. You can find all the contact information for the courthouses here,

4. Various branches of the Ontario Genealogical Society have microfilms and indexes of the AO's records for their particular branch's area. Contacting the branch can give you  a good leg up.



Next post we're going to keep travelling west and look at Manitoba and Saskatchewan.