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ILLINOIS STATE ARCHIVES


McDonough County Guardian's Case Files Index (1838-1933)

Compiled by the Illinois Regional Archives Depository System, Western Illinois University

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The McDonough County Guardian's Case Files Index was compiled by interns for the Illinois Regional Archives Depository (IRAD) System at the Western Illinois University. Interns who helped compile this index include: Jessica Davison, Heather Melarkey, Laura Steffensmeier, and Ryan Twitchell. The 4,383 records in the database were extracted from the McDonough County Guardian's Case Files (IRAD Accession 2/0156/02). IRAD holdings include guardian's case file numbers 1 through 1,551. Later cases may be obtained from the McDonough County Circuit Clerk's Office.

Each entry in the index provides the case number, the names of the estate, minor and/or guardian, the year the case was heard by the court and the type of case. This database indexes the names of the estates as well as the names of the minor children or their guardians, when available. In cases of conservatorship, the name of the person found to be insane or incompetent was entered.

Names of estates, minor children and guardians were transcribed directly from the case files. Every attempt was made to obtain accurate spellings of names. If the spelling of a name could not be determined from the case jacket, a search of the various case documents was conducted. However, names were often spelled a variety of ways throughout the case documents. It was also sometimes difficult to decipher handwriting in some case files. Therefore, when searching this index, we suggest that researchers check alternative spellings of names if they do not find an entry for the name for which they are searching.

Probate Jurisdiction

The Illinois General Assembly granted probate jurisdiction to the clerk of the county commissioners' court in 1819. This jurisdiction was subject to review and reversal by the commissioners' court. Probate duties included issuing letters of administration for estates, distributing the estates of individuals who died intestate, recording all wills and letters, ruling on contested wills, receiving bonds from administrators, paying witnesses, ordering a final distribution of an estate, ordering the sale of property from an estate for payment of debts, making a pro rata distribution of assets to creditors, appointing guardians for children under the age of fourteen, approving guardians selected by children age fourteen and over, and receiving bonds from those guardians. The circuit court, which was held annually by a judge from the Supreme Court, had appellate jurisdiction in probate matters. [Laws of Illinois 1819, pp. 223–233]

Only two years later, in 1821, the functions of the probate court were transferred from the clerk of the county commissioners' court to county probate courts. Probate judges were elected by the General Assembly, and served during good behavior. Their duties included those specified in 1819, with the addition of jurisdiction over bankruptcy and imprisonment for debt cases, until imprisonment for debt was abolished in 1823. [Laws of Illinois 1821, pp. 119–126, Laws of Illinois 1823, pp. 158–159] That year, the judges were limited to a two year term. In 1825, their term was restored to good behavior. [Laws of Illinois 1823, p. 132; Laws of Illinois 1825, pp. 87–88] Jurisdiction over apprentices was added to the list of probate duties in 1833. [Revised Laws of Illinois 1833, pp. 68–73]

In 1837, probate justices of the peace were established in each county. These justices were elected to four year terms. The county commissioners' court was empowered to reverse the actions and decisions of these justices until 1845, when it lost this authority. [Laws of Illinois 1837, pp. 176–178]

The Constitution of 1848 moved original jurisdiction in probate cases to the newly created County Court. [Constitution of 1848, Article V, Sections 16-18] Therefore, probate records recorded after 1848 were maintained by the County Court acting in probate. The Constitution of 1870 gave the General Assembly the authority to create probate courts in counties with populations of 50,000 or more. [Constitution of 1870, Article VI, section 20] However, probate jurisdiction remained with the County Court in Madison County until January 1, 1964 when the functions of both the probate court and county court were transferred to the circuit court. [Constitution of 1870, 1962 Amendment, Article VI, section 4]

Content

Guardian's case files contain Petitions for Appointment of a Guardian, Guardian's Bonds and Letters of Guardianship. Petitions show the court term; the names of the estate, petitioner, minor heir(s), guardian, and judge; the value of the estate; and the petitioner's request for the appointment of a guardian. Bonds show the name of the guardian as principal; the names of the securities; and the date, amount, and terms of the bond. Letters show the court term; the names of the guardian, minor heir(s), and clerk; and the dates of appointment and filing.

The record may also show the proofs of heirship, proofs of death, claims against the estate, and recordation of wills .

Copies

Copies of the files found in this index may be obtained by mail or telephone. Inquiries should be made directly to the Illinois Regional Archives Depository (IRAD) at Western Illinois University in Macomb. IRAD cannot accept requests by e-mail at this time. Please contact:
Illinois Regional Archives Depository
Malpass Library
Western Illinois University
1 University Circle
Macomb, IL 61455-1390
309-298-2716

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