The Family Historian

Mary Alice Dell

 

Land Ho!  The Lure of the New World

 

Early settlers, like sailors, must have felt like giving that triumphant call when they first claimed their own land. It was land ownership, more than gold, religion, or freedom from oppression that brought immigrants to America.  It was the opportunity for a man to build his own home, farm his own acres, be his own master that was America’s greatest attraction. It was that promise of free, or near free land, that caused men and women to leave family and often an easier and secure lifestyle, to suffer a miserable sea voyage and primitive conditions when they arrived here, or moved westward once here. 

 

Ownership of land and protection of that right to that land led to the filing of grants and deeds with governmental offices.  When a court house burned, the first sets of documents restored were the land records.  Fathers were interested in protecting the interests of their heirs in the land; and in seeing that the dower rights of their daughters were protected. It was this legal dispersal of land to the proper heirs, and to a woman upon death of her spouse. that made the recording of marriages the second most common document filed by our early ancestors. 

 

Records relating to land are among the easiest to find and often rich in genealogical information.  Today’s deeds may be somewhat boring documents stating the name of a buyer and a seller, a description of the property and boilerplate “legalese”, but those of our

ancestors included much family information.  I have solved more genealogical problems using land records than any other classification of documents. 

 

Take for example the deed created by one of my great, great, great grandfathers, Edmund, Smart who deeded land to his son David in 1840 in Callaway Co. MO. The terms of the deed were to be effective upon the death of Edmund and his wife.   Edmund had several pieces of land and, in this deed he told David how to disperse this land after their death.  Some pieces of land were to go to his brothers. One was to be sold with the proceeds given to other siblings; and to provide education for one grandson. David was also admonished not to give the money to one daughter if her husband came back. The deed named all of Edmund’s children, even those to whom he only gave $1.00, and listed the married names of the daughters.  This was a DEED, not a will.

 

Deeds Often More Useful than Wills

Genealogical information in a deed may explain that the piece of land that is being sold was devised to the wife by her father, providing proof of a maiden name. Those deeds gifting land to children prove lineage.    Some deeds divide an estate; or dispose of property in order to settle an estate when a person dies intestate (without a will).  These deeds must be signed by all the heirs; and many times are more helpful in determining a man’s sons and daughters, and their spouses, than a will.   For many years, a woman could not own land.  If she inherited land, her husband had to sign the document to sell it (in some states or periods both signed). Information in these deeds can prove a marriage for which no other

record has been found, as well as give the maiden name.

 

Often the sale of a land in an estate settlement will not be held until the youngest child is of age.  By that time signatures may include several generations of heirs. The land sale document of my great grandfather George W. Newsom was signed by his children, grandchildren, and even great-grandchildren.    It was quite common for members of a family to sue each other over the division of land, providing land-related documents rich with genealogical details. 

 

Deeds offer two other interesting bits of information to a family researcher.  A deed may determine when a man moved into an area and when he left it.  Some deeds mention the previous location of a buyer or his destination.    Deeds often contain the names of other family members who own neighboring acres in the land description. Chances are good that at least one witness to the signature on the deed is a relative, and the grantor and grantee often are related although the surnames are not the same.   Deeds are not just dull descriptions of land!

 

Although many land grants are barren of family information, they have a charm of their own.  Early ones are intriguing because of their wording, land descriptions and occasional sketch of the land.  A grant is issued the first time the state (or Colonial government) sells the land to an individual. After that a deed is used to convey the land between individuals. Land grant applications may contain personal information.

 

Texas Land Grants Digitized and on Line

If you have a Texas ancestor that received a grant from Spain, Mexico, the Republic of Texas, or the State of Texas you will enjoy exploring the web site of the Texas General Land Grant Office at www.glo.state.tx.us/archives/landgrant.html.   You may be able to download digitized copies of original land grants and maps pertaining to that grant.  Some of these images are available online in PDF format now and more are being added.

 

Search the Database by inserting the county and name of your ancestor.  If the letters pdf appear in red on the right hand of the screen on the line that has your ancestor’s grant, it has been digitized.  Several that I looked at were 12 to 15 pages long.   While on the Land Grant site, click on the link “Categories of Texas Land Grants”.  There are a mind-boggling number of them, and the definitions will help you to better understand what kind of grant your ancestor received.

 

Published in the Boerne Star & Recorder 23 Nov 2007 and reprinted here with their permission.