U.S. Historical Law Guides

A summary of state statutes to help interpret genealogy records

About The Guides

Understanding the law of a particular time and place is a useful tool for interpreting genealogical records accurately. A marriage bond, a dower release, a guardian's bond, a tax list, a probate inventory — each was created because some law required it, and each was shaped by the rules in force in that state in that year. Those rules differed by time and place.

Each guide traces the law of one state from the time of settlement to about 1950. Rules are followed through the state's successive digests and codes, with citations, so you can read the version of the law that was actually in force in the year of the record you are researching. Differences in the laws that apply to women, children, enslaved individuals, and minority groups are also noted.

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 cases behind every statement, with links to the digitized volumes.

Guides by State

Important Disclaimers

The law guides were compiled by Jeniann Nielsen with AI assistance from Claude Opus 4.8 and Gemini Pro 3.1.

Though a diligent effort was made to ensure the accuracy of the information provided, there may be unintentional errors. It's important to check the primary sources as needed to ensure accuracy.

These guides quote and describe the law as it was written, which means they use historical terms and legal categories that many readers will find offensive today. Those terms are retained where they are necessary to describe a rule accurately or to explain what a record says; the guides do not endorse them.