Series 22905

District Court (First District : Cache County) Probate minute/record books, 1860-1966.

32 microfilm reels

These records are housed in the Utah State Archives' permanent storage room.

Historical Note

See history of the records' creator.

Scope and Content

This series is made up of minute/record books in which are recorded the official acts and proceedings of the Cache County Probate Court (which was eliminated at statehood in 1896) and its successor, the First District Court, while sitting in Logan, Cache County, Utah. These records were created and maintained by the court clerk, who was required by state statute to keep a minute book (Utah Code Annotated, 1953, 17-20-2).
Originated by the Cache County Probate Court during the territorial period, entries in the minute/record books begin in January 1860. Copies of court orders and decrees, discharges, petitions, and notices are typical. Due to the unusual jurisdiction of the Probate Court, the body was not limited to probate and guardianship matters. Although principally a record of estates, early volumes in this series also include minutes/records of criminal and civil cases tried in probate court between May 1860 and September 1873. Recorded information encompasses petitions,applications, various writs, judgments, complaints, appointments, decrees and court orders, indictments, verdicts, pleas, warrants, and summonses. Cases involving commitment to the state mental hospital and adoption are included throughout the entire series.
Elements of both minute books and record books are incorporated in these volumes, which are a daily record of documents filed and actions taken with regard to every matter brought before each session of the court. Through 1904 the clerk began each day's record with the word "Minutes," followed by the name of the presiding judge. However, these early volumes and subsequent tomes more closely follow the style of record books. Administrative details (a brief description of the hearing, including the case number, names of attorneys, date of each development in the case, record of witnesses and evidence introduced, what pleadings, petitions, or motions were made and by whom, and summaries of injunctions, rules, orders, verdicts, andjudgments) and meeting logistics (such as the court site, officers present, the selection and dismissal of jurors, and scheduling and assigning cases) are omitted. A typical case spans multiple dates. Entries in volumes A-Q are handwritten while those in subsequent volumes are typewritten. Minute/record books are no longer produced.
According to statute, the district court has jurisdiction in all matters not excepted by the state constitution and not prohibited by law. During each calendar year the court is required to hold at least three terms at the county seat of each county within the district. The county clerk in each county serves as ex-officio clerk to the court and is responsible for maintaining the minute book for actions arising in that county.

Arrangement

Chronological by date of court session.

Entries in the probate minute/record books are chronological by date of court session.

Additional Forms

This series is available on microfilm.

Access Restrictions

These records are public with the exception of adoption records, which are sealed for 100 years according to Utah Code Annotated 87-19-4 (1953), and commitment proceedings, which are classified by the Administrative Office of the Court as private (Code of Judicial Administration, Rule 4-202, section 3 [G] [iii]). Since restricted information is recorded together with public information, the series must be searched for patrons by staff members. Contact a reference archivist for more information.

Use Restrictions

These records are available for reproduction and use.

Preferred Citation

Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.

Custody History

The probate minute/record books, created by the Cache County Probate Court, were transferred at statehood (January 1896) to the newly created district court, which assumed jurisdiction for probate cases The Cache County Clerk was constitutionally designated as ex-officio clerk of First District Court in and for Cache County. The minute books were in the custody of the county/district clerk when they were microfilmed in 1966.

Acquisition Information

These records were acquired from the creating agency through established retention schedules.

Processing Information

The probate minute/record books were archivally processed by W. Glen Fairclough, Jr., in June 2000.

Other Finding Aids

Other: a research guide entitled "Court/Judicial Records in the Utah State Archives" is available for patron use. Indexes: An alphabetical name index appears at the front of volumes Q-U and 3-47.

Related Material

Probate record books from the District Court (First District : Cache County), Series 767, include transcribed copies of wills, bonds, letters testamentary, and other related probate documents.
Probate case files from the District Court (First District : Cache County), Series 1532, is a collection of all documents filed with the court clerk as well as court actions pertaining to the probate of wills following death.
Probate index from the District Court (First District : Cache County), Series 22659, provides corresponding case numbers.
Probate registers of actions from the District Court (First District : Cache County), Series 22724, provide case numbers as well as a summary of actions filed in probate cases.
Civil case files from Cache County (Utah). Probate Court, Series 23726, are the records books documenting the day to day activities of the Probate Court. These records may also include criminal cases and other civil cases not documented in the case files.
Daily court filings from the District Court (First District : Cache County), Series 83859, include documents from probate cases filed since 1989.

Container List

ReelVolumeDescription
1A1860-1880
1B1880-1884
2B1884-1886
2C1886-1889
2D1889-1891
3D1891
3E1891-1893
3F1893-1895
3G1895
4G1895-1896
4H1896-1898
4I1898-1899
5J1899-1900
5K1900-1901
5L1901-1902
6L1902
6M1902
6N1902-1903
6O1903
7O1903
7P1903-1904
7Q1904
7R1905
8R1905
8S1905-1906
8T1906-1907
8U1907
9U1907-1908
9V1908-1909
9W1909
9X1909-1910
10X1910
10Y1910-1911
10Z1911
1011911
1111911-1912
1121912-1913
1131913-1914
1231914
1241914-1915
1251915-1916
1261916
1361916
1371916-1917
1381917-1918
1481917-1918
1491918-1919
14101919
15101919
15111919-1920
15121920-1921
16121920-1921
16131921
16141921-1922
16151922
17151922
17161923
17171923-1924
18171923-1924
18181924-1925
18191925-1926
19191926-1927
19201927-1928
19211928-1929
20221929-1930
20231930-1931
20241931
21241931-1932
21251932-1934
21261934
22261934-1935
22271935-1936
22281936
23281936-1937
23291937-1938
23301938-1939
24301939
24311939-1941
24321941-1942
25321942
25331942-1944
25341944-1945
26341945
26351945-1946
26361946-1948
27371948-1949
27381949-1951
28391950-1952
28401952-1954
29411954-1956
29421956-1958
29431958
30431958-1960
30441960-1961
30451961-1962
31451962-1963
31461963-1964
31471964-1965
32471965-1966