Berks County Court House User's Guide

' ~presented by Lenora Adams~ '

Lenora is a volunteer for the Register of Wills and Prothonotary Research Archives.  If you get a chance, e-mail her and give her a BIG THANK YOU for all of her help in Berks County Research.   KEEP UP THE GOOD WORK, Lenora..we really appreciate you!!!!

IN THE BEGINNING...

When Berks County was created, its governmental structure was vastly different from today. The board of county commissioners was elected by the people. The governor appointed several justices to preside over the court of common pleas and a clerk of the peace was appointed to oversee the various justices of the peace throughout the county.

The clerk of the peace also served as the register of wills, the recorder of deeds, and the prothonotary. The orphansÆ court was not separate from the county court at that time.

The probate of wills was under the control of the register general of Pennsylvania. This register also had the power to appoint a deputy register in each county. In 1752, James Read filled all county offices involved with the court as well as deputy registers.

State law changed many times over the next 75 years and various combinations of offices were held by the same people until 1838. At this time there was an election to elect the five ôrow officesö. The register, recorder, prothonotary, clerk of quarter sessions, and clerk of orphans court. It was also ruled that no one person could be elected to more than one office.

In 1883, the orphansÆ court became a separate judicial entity, distinct from the other county courts. The register would serve ex-offocio as its clerk.

Today, the offices most significant to genealogists are the register of wills, recorder of deeds, clerk of court (of common pleas, criminal division).

This section of our Research aid book will devote itself totally to hints on how, what, where and why. How to use the four most significant offices, What to look for in each of these offices, where they are located. The why, that's up to you.

HOURS

Court House and Services Center hours are generally Monday through Friday 9 to 4 although some departments are open 8 to 5. It is best to call ahead.

MAPS

Down town Reading ~ Berks County

Chester County ~ Lancaster County

Lebanon County ~ Schuylkill County

Montgomery County ~ Bucks County

REGISTER OF WILLS- Records available

Estate records from 1752 to present. Original documents include wills, inventories, accounts, guardianship petitions and appointments, partitions, orphans court real estate sales, bonds adjudications, inquisitions, petitions for letters of administrations, letters of administrations, order of sale, recognizance renunciations, valuations, vendue lists, widowÆs appraisements, and other documents needed to close an estate. A brief definition of these documents will follow this information.

Each described document was once housed in different file systems in the department.

All have now been combined into one file for each estate. The entire system from 1752 to 1914 is arranged alphabetically in file cabinets. Please be aware that the files have been arranged by standardized spelling. More on this later. The estate records from 1915 to five years from current year, are on microfiche. The more current estates are in paper form and are in the main office in file cabinets. There are indexes for these records in series 1915-1949, 1950-1980, 1981 to present.

The older records 1752-1814, docket books and indexes are located in the research center at the register of wills complex.

Dockets

In addition to the original estate papers in the files, there are will dockets. Numbering 1-29, these books contain copies of wills. There is a two volume index to help locate these wills. It is not uncommon to find a will in this book that does not exist in the files, so you will want to check these books. This of course is the case if the person whose estate you are seeking died testate or with a will. Check it anyway. It won't hurt.

There is also a set of letters of administration dockets. Fifty of them. These documents name the person that the register of wills office authorized to administer the decedents estate. This usually happened if a person did not name an executor in his will. There are also Petitions for letters of administrations. These are requests to the register of wills office for someone, (usually a relative) to be appointed as administrator of an estate.

Perhaps, because there is a renunciation of the named executor, or, when none was named in the will, or when the decedent died intestate. Other dockets found here are the Index for Real Estate, the Index for Widows Appraisement Dockets, Inventories Accounts and the Appointments and Discharge Index. This last index is very important.

This Docket index lists appointments and discharges for guardians for minor children. It is arranged by year for each letter of the alphabet, by surnames. It will refer you to the Orphans Court Dockets later called Real Estate Dockets. The child is classified a minor under 14 or a minor under 21. It will name the person chosen by the Orphans Court to administer the minors estate. This occurs when a parent dies. Also when a parent dies and the deceased parent is a recipient of another estate. The surviving parent or next friend (relative) then petitions for a guardian to claim the deceased parents portion of estate.(Also when a surviving parent remarries, they will petition the court to appoint a guardian to protect the child's interest of the estate received from the deceased parent.) Also, the court can be petitioned to appoint a guardian for a child to protect his or her interests in the estate of a deceased parent, when the surviving parent remarries.

BIRTH AND DEATH REGISTERS

Berks County was required by a law passed in 1852 to record all births and deaths. This continued to 1855 when the law was repealed. There is a copy of the original register kept in those years. Black covered, it is located on the counter above the city registers. It was not until 1894 that the law was re-instated and continued until the end of 1905, when the duties were taken over by the state releasing the counties from this process.

However, the City of Reading did keep birth and death registers as follows:

Birth 1876-to 1905. These records will include name of child (sometimes listed as boy-girl) , date of birth, sex, place of birth, parents, parents place of birth.

Death 1873-1905, information included in these registers are name of decedent, date of birth, place of birth age, cause, parents (if your lucky), physician, funeral director and cemetery. All the birth and death registers have a separate index. Making their use very easy. There are instances in our research when we are not sure of the actual date of death so we no longer have to go through an entire year to locate the record. These indexes are located on the counter above the registers.

The county did keep records from 1893 to 1905. These records are very spotty and do not include Reading. There is one Docket for Birth and one docket for death.

Each has its own index.

Marriage

The marriage license applications were recorded in register books but are easily available on micro-fiche. They are totally indexed by man and woman. Starting in 1885 to present. The information found on these is: name or each applicant, relationship if any, age of each, residence of each, parents names, former marriages, divorce etc., race or each, occupation of each, and place of birth of each. The application will also contain the signatures of the applicants the person presiding over the marriage and the date of the marriage.

RESEARCH TIPS

Before you visit the Register of Wills Research Center, it is wise to have a list of names you want to look for. You can access the entire index collection on the Internet. This makes preparation for you research day much easier for you and the personnel at the office. There are volunteers on duty several days a week. You might want to call ahead and schedule your research trip to coincide with those days.

Upon arrival you might want to start with the estate files. You may copy the files (self serve) at 25 cents per copy. Depending where the files lead you or if there is no file, check the wills indexes and will books. You may find a German will but in most cases pre 1810, there are translations. That is why you might find two book references in the Will index. If nothing is found in the Will books, look in the Administration Index.

These are light blue/green colored binding on roll out shelves under the counter. The Administration Dockets are light brown covered books located on top of the file cabinets.

You will also want to check the Real Estate Docket Index. Large white covered books also on roll out shelves. Located there as well will be the Appointments and Discharge book. This is an index that will also use the Orphans Court/Real-estate Dockets. White covered and LARGE, they are atop the file cabinets as well. The information in the Orphans Court Dockets will usually lead you to the decedents name. You can then have his file pulled or, find it with the other mentioned dockets. The marriage indexes are on the counter above the roll out shelves. The microfiche are in a file cabinet in the Marriage office in the main office of the Register of Wills Complex. The person on duty in that office, will assist you. You have free access to all the indexes and docket books however, THE ESTATE FILES ARE OFF LIMITS!! The volunteer on duty will pull them for you or the personnel from the main office will assist you.

There are two microfiche reader/printers. The cost of reproduction on these is also 25 cents. You need not drop coins into the coin boxes of these copiers. You may make your copies with the key turned and at the end of your research day, count your copies and pay for them in the main office.

FACILITIES

The Register of Wills Research Center is located on the second floor of the Services Center building with its entrance on Reed Streets between Court and Washington Streets (directly behind the Court House and a map is included in this book). The actual research room is located on the second floor. You will turn left off the elevators. Comfortable chairs, large tables, bright and airy. The staff is extremely helpful. There is a snack bar and lunch room on the second floor and rest room facilities. I recommend you park at the parking garage on Court Street near the Services Center (fees are not unreasonable).

There are no charges for using the resources in the research room except for copies.

NOTE!!!!!!!

All the indexes for these records are searchable on the Berks County Register of Wills Home page. HTTP://www.berksregofwills.com You can go to the Research Center totally prepared to get down to work. The same indexes are also available at the center if you do not have Internet access.

ESTATE RECORD TERMS

ACCOUNT-statement of estate transactions assets and creditors

ADJUDICATION-request for review and approval of estate distribution. Often contains petitioners genealogy to show relationship to the decedent.

AUDITORS REPORT-report reviewing the executors account.

BOND-guardian or administrators promise to fulfill legal duties.

GUARDIANSHIP PETITION-request to the court to appoint a guardian to manage a minor's estate.

INQUISITION-an appraisal of real estate owned by decedent.

INVENTORY-a list of all property owned by decedent other than real estate.

LETTERS OF ADMINISTRATION- authorization by the court to take charge of an estate when there is no will or when an executor is not named in a will.

ORDER OF SALE-court authorization to sell decedentS real estate.

PARTITION-tied in with the inquisition when 12 people are appointed to distribute the decedents real estate among his heirs.

RENUNCIATION-written waiver of administrator of an estate declining to serve.

VALUATION-related to the partition of real estate. Determination on how to split the real estate between heirs.

VENDU-a list of the decedentS property sold at public auction.

WIDOWÆS APARTMENT-a list of the decedentS person property retained by the widow.

WILL-a document describing how to distribute oneS property.

GLOSSARY

ADMINISTRATOR-the person legally recognised to handle a decedentS

estate with or with out a will.

CAVEAT-indicating that the willS validity is in question.

DECEDENT-a deceased person

EXECUTOR-person with authority to administer an estate

GUARDIAN-a person appointed by the court to handle the financial affairs of a minor, or those of an incapacitated person.

INTESTATE-without a will

LETTERS of TESTAMENTARY- granted to an executor giving legal authority to administer an estate

LIFE ESTATE-property interest for life of the designated person.

NUNCUPATIVE WILL-an oral will.

PROBATE-proving and validating a will.

RELICT-widow .

TESTATE-with a will.

TESTATOR-writer of will.

TRUSTEE-administrator of a trust.

SPELLING VARIATIONS

You will find a complete list of surname spelling variations in the index of estates at the Research Center. This system was developed by Laurel Miller who was employed at the beginning of the process to create the Research Center. It was found that there were so many spelling variants for the surnames in the estate records, that it was necessary to develop a generic spelling which would include all spellings of each surname. This was done for filing purposes only. There was no attempt to change the decedents surname spelling (although you will find variant spellings through out a decedents estate records).

Also, be aware of common names such as Johan and John. It was common for the given name Johan or John, to be used as a first name and the second name or middle name would be the commonally used name. For example, Johan George might be John G. or Johan or George. The same procedure is advisable for female decedents. Anna, Catharina, Maria etc..

TOWNSHIP DEVELOPMENT

Original Townships-1752 from Philadelphia County

ONTELAUNEE REGION

Albany

Longswamp

Maidencreek

Maxatawny

Richmond

Windsor

MANATAWNY REGION

Alsace

Amity

Colebrookdale

Douglass

Exeter

Oley

Ruscombmanor

from Lancaster County

TULPEHOCKEN REGION

Bern

Bethel

Heidelberg

Tulpehocken

SCHUYLKILL REGION

Brecknock

Caernarvon

Cumru

Robeson

from Chester County

Union (1753)

Townships by Date Creation

1753 Hereford

1753 Union

1755 Greenwich

1758 Rockland

1759 District

1761 Longswamp

1781 Earl

1789 Upper Bern

1812 Pike

1821 Upper Tulpehocken

1840 Washington

1842 Lower Heidelberg

1843 Center

1844 Marion

1845 North Heidelberg

1849 Ontelaunee

1850 Spring

1851 Jefferson

1851 Muhlenberg

1852 Perry

1857 Tilden

1888 Lower Alsace

1914 South Heidelberg

Reading Incorporated

1748 Town

1785 Borough

1847 City

This information will help you locate your ancestors on any map with detailed township information. It will serve you well in the Register of Wills research Center and the Recorder of Deeds office. Since the dates of creation are so very important in locating them, so too are the dates of creation and parent township of todayÆs townships. You will find variations on spelling of these townships, but you will recognize them none the less. The list of Township creation and itS parent Township is very important so it is located between the two departments where this knowledge is needed.

TOWNSHIP CREATION-Present Parent Date

Center Upper Bern 1843

District Oley 1759

Earl Oley 1781

Greenwhich Albany 1755

Hereford Colebrookdale 1753

Jefferson Tulpehocken 1851

Lower Alsace Alsace 1888

Lower Heidelberg Heidelberg 1844

Marion Tulpehocken 1844

Muhlenberg Alsace 1888

North Heidelberg Heidelberg 1845

Ontelaunnee Maidencreek 1849

Penn Upper Bern 1841

Perry Windsor 1852

Pike Oley 1812

Rockland Oley 1758

South Heidelberg Heidelberg 1914

Spring Cumru 1850

Tilden Upper Bern 1887

Upper Bern Bern 1789

Upper Tulpehocken Tulpehocken 1821

Washington Hereford 1840

RECORDER OF DEEDS

The recorder of Deeds is a large bright expansive office located on the third floor of the Services Center. The phone number is (610) 478-3380.

WHAT TO EXPECT

When you come to use the records in the Recorder of Deeds Office make sure you ve done your homework. Have a list of names and dates of the people you are searching for and be prepared to stand. There are only counter tops to work from. This is a very busy office. There is no separate research area. There are microfilm reader printers and copiers available for your use. The staff is very helpful but keep in mind they are busy.

DEED BOOKS

The deed books contain the recorded lists of property sales in Berks County. Volumes 1 through 700 are on microfilm. 701 to present are on the shelves. It will have the name of seller, possibly his wife or her husband, the township of residence and sometimes occupations of those involved. It will also contain the same information for the purchaser although the older records rarely listed the name of the wife. The date of the purchase will also be listed and often this is the determination on weather or not you have found your ancestor. A property description will be included on the record and reference to any other earlier deeds. Deed books are really the clerkS copy of an original deed brought into the RecorderS Office for recording. Therefore the records will not contain original signatures.

You will also find information on business arrangements and right of way agreements. You will find power of attorney information if it existed, and from time to time a release from mothers of illegitimate children who have received support from the father.

INDICES

The indexes are separated by grantor and grantee. The grantor is the seller and the grantee is the buyer. They are also separated by series. The first series goes from 1752 to 1927. The second series runs from 1927 to 1948. The third series goes 1948 to 1968. The next series begins in 1969 and ends in 1979 and the last series begins in 1980 and is continuing. There is a key system index in the front of the books. The LMNRT index system. Once you learn your ancestors number, it will be the same through out the system. These indexes will lead you to a Volume and page number Which will take you to the microfilm tree. The film machines are very busy so make sure that you have all your index work done so that you can work quickly with the microfilm. The quality of the film is not really good, so be prepared for that as well.

MISCELLANEOUS DEEDS

These books begin in 1820 to present. They also contain a grantor-grantee index.

You will find Quit claim deeds, release of estate executor, release of guardians, powers of attorney, release of mortgages, alignment of interest. The Executors release will also contain information on heirs of the estate, where they lived and is especially helpful with out- of- state heirs.

MORTGAGE BOOKS

The index to these books are on microfilm.

They will tell you the name of the mortgagor the mortgagee, give a description of the property and the amount of the mortgage.

COMMISSION BOOK

Records of County Officials and sheriffs commissions. The original book was later used to record deeds (listed in Com 1 in Grantor Grantee Indexes). The book is self indexed.

PENN BOOK

Record of deeds from the Penn Family to purchasers of lots.

RESEARCH TIPS

To determine if or when your ancestor purchased property, check the Grantee index.

These books use the Russell Indexing System. This is a phonetic arrangement using key letters L-M-N-R-T and the first letter of the given name. To use this system, you drop the first letter of your ancestors surname. You use the first KEY LETTER in the spelling of the Suri name, then find the area that uses the first letter of the given name. Again keep in mind the German naming custom. If your ancestors name is Johann George Smith he would generally use the middle name as his given name. Check both names in the indices. Also check J. George and Johann G. Smith. Use the same method of search to determine if your ancestor sold property in the Grantor index. One important fact to keep in mind. It was not a requirement to record deeds when a property changed hands from father to son to son to daughter to nephew etc, so it may never have been recorded. This is a real problem when researching land ownership. If you run into this problem you will be lucky to find a deed registered ô reregister ô one hundred years later bearing the names of ownership but most often it will only contain the names of the most current seller and buyer. Check also, the Miscellaneous books. If the land is a part of a decedents estate, it will be listed in that decedents name. The property might have been sold to the executor or administrator of the decedent and the property would be listed in that legal authoritys name with no cross reference (grantor-grantee) existing.

The best way to track a property is to start with a deed for a known owner. Look for reference to a previous owner. Continue backwards. If you run into a sheriff sale check the sheriff deeds in the Prothonotary Archives Research Room. If there is no listed previous reference, it is possible that the person might have acquired the property through inheritance. You can check the Orphans Court records to track this down. They are located in the Register of Wills Research Room. Deeds are almost always recorded in English. However there may be a occasional exception. Miscellaneous records, and agreement bonds previous to 1825 might be recorded in German.

QUARTER SESSIONS

Located on the fourth floor of the court house, there are no research facilities.

RECORDS AVAILABLE

DOCKET BOOKS

Minutes of courts of Quarer Sessions and Oyer and Terminer, 1768 to present and Quarter Session Records 1778 to present. These records include all types of destruction cases. Robbery, murder, distraction of property as well as damages paid by fathers of illegitimate children to avoid trial for ôfornication and bastardyö. Records lists court term and case numbers, name of defendant and plaintiff, names of witnesses, jurors, attorneys, disposition of the case and Monies received. Earlier records may not be as complete as described.

ORIGINAL DOCUMENTS

Court papers from 1787-1930 including details of cases listed in docket books. Indictments 1780-1935 and transcripts 1845-1937.

INDICES

There are no overall indexes. Each volume contains list by letter of last name and occurrence. You will have to consult each book.

ROAD BOOKS

Volumes 1-3 1767-1812 and Volumes 1-13 1811-1930. These books contain petitions for construction of roads and usually include a survey of the entire course of a proposed road showing names of property owners, locations of their houses, churches taverns, etc..

RESEARCH TIPS

The most useful research tool in the Quarter Sessions are the cases involving illegitimacies. The road books are also of value for genealogical research. Otherwise the material housed in this office serves more as records of interest rather then beneficial to furthering your research. It can however develop our understanding of our ancestors should you find records there including them.

There were tavern and restaurant licenses in the Quarter Sessions records as well as petitions for Civil War soldier pensions. It is believed that they were destroyed. Many if these petitions are in the 1890 census records and sometimes found in the estate of a decedent.

PROTHONOTARY

The office of the Prothonotary is located on the second floor of the Court House building.

There is an Archival Research Center with counter space and a few seats. The phone number for the research center is (610) 478-6972. The room is adequate for research.

RECORDS AVAILABLE

Naturalization records 1795 to present. These records include the application and final grant of citizenship. You will need to check to see if the records are filed by date of petition or completion. Information included on these records is date and port of arrival in U.S., place of origin, date of application, date of citizenship granting, signature of

immigrant and sponsors. The records start after the founding of the United States. Also note that a person had to be here five years to apply, and seven years to become a citizen.

SHERIFF DEEDS

Volumes 1-18 grantor-grantee indexes which record the sale of a property by the sheriff to satisfy a judgment or lien.

APPLIANCE DOCKET

Starting in 1754 to 1924, these records contain civil proceedings for all types of cases including divorces, contesting of wills, breach of contract, and property disputes. The information includes the court term, case number, names of sheriff, plaintiff and defendant and an occasional case disposition . The first volumes containing the first 70 years are separated by letter, not a true index. From 1824 on the records are indexed in separate volumes.

JUDGMENT DOCKET

1770-1956 with separate indices. Contains the court term, case number plaintiff and defendant names, the attorneys and the case disposition.

EXECUTION DOCKET

Not as macabre as it sounds. These volumes dating from 1768 to 1960 with indices, records the money collected according to the judgment of the court. It will include the date of the writ, the court term, the case number, names of plaintiff and defendant, the amount of the judgment and the date of return and satisfaction.

MECHANICSÆ LIENS

From 1836 to 1937 these records show liens filed against a property by a contractor to ensure payment for services rendered or materials furnished for construction or renovation. The information includes the court term, the names of the parties involved, the case number, the amount of the judgment, the date of the return and satisfaction.

CITY LIENS

1861-1927. Liens filed against specific properties for non payment of taxes or municipal services. Information includes name of defendant, court term, case number, date of filing, description of property and amount due.

LOCALITY INDEX

Indices by locality of all properties with liens filed against them.

RESEARCH TIPS

Because the records maintained by the Prothonotary are so varied, you need to check all the dockets or you may miss something of importance. There are defendant dockets that list early adoptions, divorces and other civil cases. There are register books for Midwives, Stallions, Attorneys, Osteopaths Dentists and Optometrists. There are very old Circuit Court books. The older books have a self index. The books from 1826 have separate indices. There are docket books on ôDivorces, Drunkards, Ejectments and Lunaticsö. The division of property through an estate settlement will be found in the Partition Dockets, Fictitious Names Dockets, Peddlers Licenses. There are many miscellaneous records . A few hints when searching for a divorce. You can look in the divorce books, the defendants Dockets and the Appearance Dockets to track down divorce information. If you do find a date, you might want to look in the news papers, for in early recordings the cause of a divorce is often expounded on. Also if a remarriage occurred there would be record of previous marriages on the marriage application. The Judgment and Execution Dockets offer little value to a researcher.

ASSESSMENT

Located on the second floor of the Services Center: Phone (610)478-6262. The original tax lists are currently housed at the Historical Society in Reading. They are on microfilm. Both the assessorÆs list for each township and the tax duplicate filed each year have been filmed. The records are intact, with some gaps, from 1752 to 1867.

From 1867 to 1900, the tax duplicates (yearly docket books) were destroyed. The original assessorÆs list for each township are in storage at the Bern Township Ag Center.

Records after 1900 are also stored there. Limited access is available by appointment onlythrough the Assessment Office.

VETERANS BUREAU

The office of Veterans Affairs is located at Berks Leisure Park, 1901 Tulpehocken Road Wyomissing Pa. . The records held there are burial places of many of Berks Veterans.

They are filed alphabetically by war. These records were not kept from the time the county was formed, but were compiled later from family records, cemetery records and other secondary sources. They are not complete or error free and should be used with this in mind. The phone number for the bureau is (610) 378-5601.

County Commisioners

Mark Scott~Randy Pyle~GlennReber

Row Officers

Clerk Of Courts~James Troutman

Prothonotary~Maryann Sutton

Recorder Of Deeds~Ellie Antoine

Register Of Wills~Larry Medaglia