Utah Department of Administrative Services

Division of Archives & Records Service

Series 22905

District Court (First District : Cache County) Probate minute/record books

Dates: 1860-1966

32 microfilm reelsSkip to Containers

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

Historical Note

An agency history is available.

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, and judgments) 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.

Related Records

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.

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.

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.

Preferred Citation

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

Processing Note

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

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.

Indexing Terms

  • Executors and administrators--Utah--Cache County.
  • Court records--Cache County (Utah).
  • Probate records--Cache County (Utah).
  • Adoption--Cache County (Utah).
  • Guardian and ward--Cache County (Utah).
  • Cache County (Utah)--Trials.

Container List

REEL VOLUME DESCRIPTION
1 A 1860-1880
1 B 1880-1884
2 B 1884-1886
2 C 1886-1889
2 D 1889-1891
3 D 1891
3 E 1891-1893
3 F 1893-1895
3 G 1895
4 G 1895-1896
4 H 1896-1898
4 I 1898-1899
5 J 1899-1900
5 K 1900-1901
5 L 1901-1902
6 L 1902
6 M 1902
6 N 1902-1903
6 O 1903
7 O 1903
7 P 1903-1904
7 Q 1904
7 R 1905
8 R 1905
8 S 1905-1906
8 T 1906-1907
8 U 1907
9 U 1907-1908
9 V 1908-1909
9 W 1909
9 X 1909-1910
10 X 1910
10 Y 1910-1911
10 Z 1911
10 1 1911
11 1 1911-1912
11 2 1912-1913
11 3 1913-1914
12 3 1914
12 4 1914-1915
12 5 1915-1916
12 6 1916
13 6 1916
13 7 1916-1917
13 8 1917-1918
14 8 1917-1918
14 9 1918-1919
14 10 1919
15 10 1919
15 11 1919-1920
15 12 1920-1921
16 12 1920-1921
16 13 1921
16 14 1921-1922
16 15 1922
17 15 1922
17 16 1923
17 17 1923-1924
18 17 1923-1924
18 18 1924-1925
18 19 1925-1926
19 19 1926-1927
19 20 1927-1928
19 21 1928-1929
20 22 1929-1930
20 23 1930-1931
20 24 1931
21 24 1931-1932
21 25 1932-1934
21 26 1934
22 26 1934-1935
22 27 1935-1936
22 28 1936
23 28 1936-1937
23 29 1937-1938
23 30 1938-1939
24 30 1939
24 31 1939-1941
24 32 1941-1942
25 32 1942
25 33 1942-1944
25 34 1944-1945
26 34 1945
26 35 1945-1946
26 36 1946-1948
27 37 1948-1949
27 38 1949-1951
28 39 1950-1952
28 40 1952-1954
29 41 1954-1956
29 42 1956-1958
29 43 1958
30 43 1958-1960
30 44 1960-1961
30 45 1961-1962
31 45 1962-1963
31 46 1963-1964
31 47 1964-1965
32 47 1965-1966