District Court (First District : Cache County) Probate minute/record books
Some records may not be available for research from June 1-11, 2015 due to equipment upgrades. Please consider visiting beforehand or contacting the Research Center for more information.
These records are housed in the Utah State Archives' permanent storage room.
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.
Chronological by date of court session
Entries in the probate minute/record books are chronological by date of court session.
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.
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.
This series is available on microfilm.
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.
Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.
The probate minute/record books were archivally processed by W. Glen Fairclough, Jr., in June 2000.
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.
- 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.