LIBRARY BLOG

Duchman, Holly. “Slave’s Photos Put Face to Tragic Reality.” Houma Courier, 29 Mar. 2017

Extracting Evidence about Enslaved Ancestors from Probate Records  

For most African Americans, tracing their family genealogy to their original ancestors in Africa will forever remain anonymous. Slave traders did not record the ethnic affiliations of Africans; they only recorded the area where the Africans were taken. However, some African Americans were able to make progress before the 1870 census by reviewing records of slaveholding families with the same last name as their ancestors and living in the same area. 

Family researchers tracing their formerly enslaved ancestors encounter several challenges because of involuntary separations during the antebellum period and limited records that contain surnames for enslaved people. Accordingly, these stumbling blocks make it less likely for genealogists to find direct family relationships during the antebellum period.   

Successful research is likely by using sources created or about slaveholding families. An enslaver’s probate records are rich in genealogical information because slaveholdings signified valuable possessions, and interested parties were acutely interested in accurate accounting. 

http://www.census.gov/history/pdf/1860_slave_distribution.pdf

Enslaved People in Probate: 

According to the Oxford Dictionary, probate is a “verified copy of a will with a certificate as handed to the executors.” It should document what will happen to a person’s property after death. Since slavery was deeply rooted in the agricultural South, where slavery equals property, probate proceedings that involved slaveholdings followed the same basic procedures applicable to the other forms of personal property.   

In the event of a decedent’s death, an executor was chosen to act for the estate and oversee the process, including periodic accounting for the proceeds of selling or hiring enslaved people. Enslaved people were inventoried and appraised, and creditors entitled to distributions from the estate were notified. 

Intestate Law: 

If a person died intestate, meaning they died without a will, statutory rules applied to define the heirs at law. For example, the 1824 intestate law in North Carolina set a one-third share to the wife of the intestate and equal parts of the balance to any children. Understanding intestate law could help in tracing the ownership of an enslaved person. 

Litigation in Equity: 

Whenever there was a problem in the proposed distribution of the decedent’s property, equity court cases were initiated. Equity courts were much more thorough and took all facts and circumstances into account; they usually included much more information about enslaved people than ordinarily found in probate files. 

Finding Antebellum Probate Files: 

After emancipation, the surname used by a Freeman may point to the identity of a former enslaver with an antebellum probate file. While records show that some of the formerly enslaved people did not use the surname of their former enslavers, some former enslaved people did keep the surnames of their former owners. 

To start, find the place of a formerly enslaved person on the date of emancipation or as close to that date as possible, as that is likely the location where the individual was enslaved. The 1870 US census was the first that called for enumerating all African Americans with surnames, but earlier federal or state records might also pinpoint a geographic location and surname. For example, the field office records of the Bureau of Refugees and Freedman and Abandoned Lands, which began in 1865, contains labor contracts between Freedmen and former enslavers. 

Tom Blake compiled the following list in April 2001 and documented the Largest Slaveholders from Terrebonne Parish from the 1860 Census Schedules and Surnames Matches for African Americans on 1870 Census: 

Recommended African American Resources, Realistic Inferences, and Conclusion

 

Examine the whole probate file, looking at every record. One should take stock of the probate file to determine the information stated or inferred. This also entails taking stock of the applicable laws as of the dates involved in the proceedings. Additionally, some reasonable inferences can be made about enslaved people. For example, valuations can indicate youth, old age, or infirmity.

Antebellum records of enslavers are an untapped resource for finding information on formerly enslaved people. After researching information in probate files, examiners should seek other records of the slaveholding family that might contain genealogical data about enslaved people, such as court records, deeds, account books, or family papers. One can also contact the State Library Archives in the state where your ancestor may have lived to determine if they have any hidden resources. 

If you have any questions regarding conducting your genealogy research, please stop at the Main Library, where any of our friendly library staff can assist you. Thank you in advance, Carlos Crockett, Reference Librarian, and the Terrebonne Parish Main Library. 

 

Resources: 

Duchman, Holly. “Slave’s Photos Put Face to Tragic Reality.” Houma Courier, 29 Mar. 2017.  

Garrett-Nelson, L. (2022). Gleaning information About Enslaved Ancestors from Probate Files.
National Genealogical Society, 48(2), 23–27. https://shorturl.at/kqV07 

Terrebonne Parish Louisiana 1860 slaveholders and 1870 African Americans https://shorturl.at/kqV07 

Carlos, Reference Department

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