Looking for Copy of Last WILL & Testiment for Jonathan Davis Parker
Replies: 5
Re: Looking for Copy of Last WILL & Testiment for Jonathan Davis Parker
| RBestrom7380 (View posts) | Posted: 24 Apr 2009 5:15PM GMT |
Classification: Query
The Oregon State Archives:
http://genealogy.state.or.us/displayResults.php
identifies an estate record for Jonathan D. Parker dated 1911 in Jackson County. Enter the name of "Parker, Jonathan" and you will find the one line data listing for number "1954". You can request a copy of this estate information via this website.
To answer the question concerning a "Last Will". When one prepares their last will and testiment, it was signed before an attorney...USUALLY, at that time. Today, anyone can download forms and instructions and prepare their own. To be legal, all is needed is a signature by the person preparing their last will AND witness signatures as to the signature. These witnesses are by law, usually not members of the family; but, the law may be different in different states. They usually must be someone that is not identified in the Will as being heirs or beneficiaries. If a person only makes their "mark", then again proper witnesses must authenticate the document.
As to finding it in a "courthouse". Even today that is unlikely. Although a very small percentage do present a copy to the County Auditor/County Recorder to be recorded as a recorded document within the county. Some survivors record such documents after the death to validate their own property rights. MOST people do NOT record such documents. A copy of the will may be found with the persons legal representative, their attorney or someone in the family holding the Power-of-Attorney; also, a friend or other person might hold such Power-of-Attorney.
As to your question to find a copy. When a person died, his property would have gone into probate at the local court. There would be Probate records at that locations. IF a person HAD filed a Will, that instrument would have been identified in the Probate and used to distribute property and to settle accounts held by the deceased. If the person had NOT filed such a document, one still might be presented into the Probate record.
So, in this case, the best place to start is the above record of Estate in the Oregon Archives. The second would be to contact the County Clerk of the Superior Court (identified as Circuit Court in some cases, as is done in Oregon). These County Court Clerks (Do NOT misunderstand them as the County Clerk, that would be the Auditor in most cases) have a requirement to maintain archives of these court records. Since this person died in 1911, there is a good chance his records would be found in that jurisdiction. If not, they should identify where these records would be found, again possibly the State Archives. A Probate case may not have been filed.
Mailing Address:
Jackson County Circuit Court
100 South Oakdale
Medford, OR 97501-3127 (Identify Archives Office or Probate Office:
Phone:
The Archives office: 541-776-7171, ext 132; Oregon Probate office 541-776-7171, ext 584
Ron Bestrom
http://genealogy.state.or.us/displayResults.php
identifies an estate record for Jonathan D. Parker dated 1911 in Jackson County. Enter the name of "Parker, Jonathan" and you will find the one line data listing for number "1954". You can request a copy of this estate information via this website.
To answer the question concerning a "Last Will". When one prepares their last will and testiment, it was signed before an attorney...USUALLY, at that time. Today, anyone can download forms and instructions and prepare their own. To be legal, all is needed is a signature by the person preparing their last will AND witness signatures as to the signature. These witnesses are by law, usually not members of the family; but, the law may be different in different states. They usually must be someone that is not identified in the Will as being heirs or beneficiaries. If a person only makes their "mark", then again proper witnesses must authenticate the document.
As to finding it in a "courthouse". Even today that is unlikely. Although a very small percentage do present a copy to the County Auditor/County Recorder to be recorded as a recorded document within the county. Some survivors record such documents after the death to validate their own property rights. MOST people do NOT record such documents. A copy of the will may be found with the persons legal representative, their attorney or someone in the family holding the Power-of-Attorney; also, a friend or other person might hold such Power-of-Attorney.
As to your question to find a copy. When a person died, his property would have gone into probate at the local court. There would be Probate records at that locations. IF a person HAD filed a Will, that instrument would have been identified in the Probate and used to distribute property and to settle accounts held by the deceased. If the person had NOT filed such a document, one still might be presented into the Probate record.
So, in this case, the best place to start is the above record of Estate in the Oregon Archives. The second would be to contact the County Clerk of the Superior Court (identified as Circuit Court in some cases, as is done in Oregon). These County Court Clerks (Do NOT misunderstand them as the County Clerk, that would be the Auditor in most cases) have a requirement to maintain archives of these court records. Since this person died in 1911, there is a good chance his records would be found in that jurisdiction. If not, they should identify where these records would be found, again possibly the State Archives. A Probate case may not have been filed.
Mailing Address:
Jackson County Circuit Court
100 South Oakdale
Medford, OR 97501-3127 (Identify Archives Office or Probate Office:
Phone:
The Archives office: 541-776-7171, ext 132; Oregon Probate office 541-776-7171, ext 584
Ron Bestrom