District Court (Second District : Weber County) Probate record books, 1879-1959, 1975-1984.

This series is made up of record books in which are transcriptions of court orders, decrees, notices, etc., filed in estate cases probated in both the Weber County Probate Court (which was eliminated at statehood in 1896) and by its successor, Second District Court, while sitting in Ogden, Weber County, Utah. These records were created and maintained by the court clerk. The district court clerk was required by statute to "keep a 'probate record book,' properly indexed, in which shall be recorded all wills, bonds, letters of administration, letters testamentary, and all other papers and orders of the court required by law to be recorded" (Revised Statutes of Utah, 1898, Title 12, ch. 7, section 1023, page 220).

Originated by the Weber County Probate Court during the territorial period, entries in the record books begin in November 1879. The county probate court handled these cases until statehood (1896) when the court was dissolved. At that time the responsibility for probate cases wastransferred to the probate division of the district court. Copies of court orders and decrees, discharges, petitions, and notices are typical. Copies of wills sometimes are included in this series. Record books are no longer produced.

Included are two order/letter books from the territorial period with standard, printed forms--one for executors (1883-1891) and the other for administrators (1893-1895) of estates of deceased individuals residing in Weber County. In these volumes, executors (named in a decedent's will) or administrators (appointed by the court when an individual died intestate) swore or affirmed that they would meet all requirements of the law in settling the deceased's estate. Letters testamentary (i.e., the authority of the court) were then granted, permitting a person to take charge and administer the estate. Transcribed documents include letters testamentary, bonds, and orders which were filed in the course of administering the estates.

According to statute, thedistrict 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 record book for actions arising in that county.