U.S. Historical Law Guides

A summary of state statutes to help interpret genealogy records

About The Guides

Marriage, probate, land, tax, and court records are important records for U.S. genealogy research. Understanding the historical laws that were in effect at the time the records were created is helpful for interpreting them accurately. A historical law guide has been created for each U.S. state from the time of settlement to 1950 that summarizes some of the important laws in plain terms.

What each guide covers

• General principles — whether the state followed common law, community property, or a mixture; which country's law it inherited; and how the system changed over time.
• Legal age of adulthood — the age of full majority, and whether it was different for women.
• Marriage — the legal age to marry, the age below which a parent's consent was required, restrictions on who could marry whom, whether common-law marriage was recognized and on what terms, and restrictions that applied specifically to minorities.
• Property ownership — the circumstances in which men, women, and children could own land; whether a wife had to consent to or sign her husband's deed; the age required to witness a deed; and restrictions on ownership by minorities.
• Inheritance — how an intestate estate was divided between the widow and the children; how a minor's inheritance was handled; when a guardian had to be appointed, at what age a minor could choose his own, and when guardianship ended; whether children born outside marriage could inherit; and the ages required to make a will, to serve as executor or executrix, and to witness a will.
• Taxation — which taxes were levied on individuals, the age at which a person became taxable and the age at which he was exempt, and whether a poll or head tax was levied and who was counted as a poll.
• Courts — the age and other qualifications for jury service, the minimum age at which a person could be convicted of a crime, the minimum age to testify, and the restrictions that applied to women and minorities as witnesses and jurors.
• Sources and where to verify — the digests, codes, session laws, and/or cases behind every statement, with links to the digitized volumes where possible.

Disclaimers

The law guides were created by Jeniann Nielsen with assistance from multiple AI tools, so it's important to check the primary sources to ensure accuracy. The historical laws sometimes used terms that are considered offensive today, and the guides do not endorse the use of these terms.

Guides by State