Estate files

Title and statement of responsibility area

Title proper

Estate files

General material designation

  • Textual record (microform)

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1763-1925

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Issuing jurisdiction and denomination (philatelic)

Dates of creation area

Date(s)

  • 1970, 1992 (Creation)
    Creator
    Annapolis County Court of Probate

Physical description area

Physical description

91 microfilm reels, positive and negative, 35 mm and 16 mm

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Archival description area

Name of creator

(1769-1925)

Administrative history

Although legislation was passed in 1758 regulating the process of probate the Governor, through his Surrogate General, retained exclusive power over the appointment of judges of probate and the creation of courts of probate as outlined in the carious instructions to governors regarding the appointment of local officers of the courts. Until additional legislation in 1842 local officers had little guidance in determining what they were to do beyond attempting to make analogies to the Ecclesiastical Courts of England. Today's Annapolis County Court of Probate originated with the appointment of Jonathan Hoar as Judge of Probate for the County in 1767. In 1810 Elkanah Morton was appointed Judge for the Western District of the County which became Digby County in 1837. With the 1897 amendments to the Probate Act uniformity in record keeping emerged as retiring Judges were replaced with full time registrars of probate and the County Court assumed the judicial function. In Annapolis County Jacob Owen was the last Judge of Probate electing in 1912 to continue in office but as Registrar. In 1900 the Revised Statute edition of the Probate Act added many forms which provided additional uniformity to the process.

Custodial history

Scope and content

Sub-series contains documents relating to the settling of estates in files opened at the Annapolis County Registry of Probate from 1763 to 1925. Documents include original wills, petitions for probate or administration, oaths taken and bonds furnished by executors or administrators, records of decisions made by the registrar of probate, valuations and inventories of estates, and accounts furnished at the estates' closing showing financial transactions of the estate. Petitions for probate or administration generally give the place and date of death. All documents do not exist for all estates. The files prior to 1900 were filmed in 1970 on 35 mm. positive image film. The files subsequent to 1900 were filmed in 1992 on 16 mm. negative image film. The files are arranged in chronological order with each surname starting with a common letter being found in a group. — Title derived from microfilm lead cards — Microfilm 20418 is a listing of the estate files in the order in which they are filmed.

Notes area

Physical condition

Immediate source of acquisition

Microfilm was presented to the Public Archives of Nova Scotia by the Genealogical Society of Utah.

Arrangement

Language of material

    Script of material

      Location of originals

      The originals are in the custody of the Annapolis County Registry of Deeds and the Annapolis County Registry of Probate

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      General note

      There is a published abstract of the wills and estate papers that indexes all genealogical relationships embedded in the probate records. The abstract however includes information from will books and probate act books at the Probate Registry which are not available in microfilm at the Public Archives of Nova Scotia. See: Abstracts from the Court of Probate records for Annapolis County, Nova Scotia (1763-1938) compiled by Wayne W. Walker. Ottawa, Ontario, 1994, 466 pages. (CS83 P962 A613)

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