Searching the Second Heir and Devisee Commission Case Files Database

On February 4, 2021, the Ontario Ancestors hosted Serge Paquet from the Archives of Ontario where he gave the presentation "From Petition to Patent: Crown Land Records at the Archives of Ontario". A copy of this webinar can be found archived on the Ontario Ancestors Webinar Recordings page.

One of the record sets he mentioned was that of the Second Heir and Devisee Commission case files. In this collection there are 5184 case files date from 1804 to 1895 and document claims for land. From the About section on the Second Heir and Devisee Commission Case Files Database page at the Archives of Ontario this is what may possibly be found in the case files:

• Copies of searches conducted by the Surveyor General's and, later, the Crown Lands Department, and sent to the Commission recording: whether a location had been made for the land in question and, if so, the name of the individual to whom the land was located and when the location was made; the justification for the location (e.g., an order-in-council); background information relating to the location; whether the land had been described for a patent; whether settlement requirements had been met. Files also may include copies of location tickets;
• Notices signifying the intent of claimants to pursue a claim before the Commission, as well as affidavits from the local Clerk of the Peace attesting that the notice had been publicly read and proclaimed in the Court of General Quarter Sessions and had been displayed in the office of the clerk;
• Lists of documents compiled and submitted relating to the claim, as well as affidavits submitted by claimants and supporting affidavits from witnesses;
• Copies of relevant indentures assigning interest in the land in question, as well as original wills and copies of wills assigning interest in land to heirs;
• Affidavits from Land Registrars attesting to the fact that the indentures, memorials and wills in question had been registered, as well as incoming correspondence received by the Commission from claimants, trustees, solicitors, and other interested parties;
• Copies of receipts issued by the Crown Lands Department documenting the payment of instalments on sales as well as reports from land agents relating to the claim in question, and maps showing the land claimed.
• Some files include family trees. Documents within the files can contain genealogical information concerning the background of both the original locatee and of the claimant, their occupation, and family connections.

So how do we use this potentially useful resource?

The first step is to search the database. The link to that database is sort of hidden on the page. It is actually the clickable link in the word database in the first paragraph on the Second Heir and Devisee Commission Case Files Database page. When you click on that link you are brought to the search screen.

Screen capture of the Archives of Ontario Second Heir and Devisee Commission Case Files Database search page.

 

As an example, I'm going to use the name of David Lee of Bastard Township. Why David Lee? No other reason than this is the person Serge Paquet used in his examples during his webinar.

 

This is the result of that search.

 

Screen capture of the Archives of Ontario Second Heir and Devisee Commission Case Files Database search for David Lee of Bastard township.

Only one entry appeared in this case. If more than one entry was in the database you are presented with a list of names and check boxes to select, and the option to "Show Selected Records"

From the search results screen there are a few details we need to record. The first is the Case File Number. In this example it is 40-0555. The other detail is in the line near the bottom in the "How to view this file" section. We can see that the Family History Centre has also recorded the case files on their microfilm reel 1314011. We will need that microfilm number in the next set of steps.

 

For the next step go to the FamilySearch site and sign in with your free account. 

 

Instead of searching for a location we are going to search for that microfilm number provided in the search page from the Archives of Ontario. To do that:

1. Clink on "Search" in the top menu bar, then select "Catalog"
2. On the FamilySearch Catalog search screen click on the "Film/Fiche Number" link
3. Type in the microfilm number. In this case it is 1314011
4. Then click the Search button

 

Screen capture of the FamilySearch Catalog search screen looking for microfilm 1314011.

By doing the search for the microfilm number we don't have to guess as to which collection holds that microfilm.

 

The search results will show "Land records, 1796-1894; Author:    Ontario. Heir and Devisee Commission (2nd); Upper Canada. Heir and Devisee Commission (1st)"

Clicking on that link will display the list of all the microfilms in that collection. You will need to find that microfilm, in this case 1314011, in the list. Usually I will just press Ctrl-F (or whatever the "find" command keystroke is in your web browser) and type in the microfilm number to have my browser bring me to the correct microfilm on the page.

Once you find the microfilm number in the list you will see that it is associated with "Case files (40-554 to -631) 1822-1823". Since our case number is 40-0555 I would say we have found the correct microfilm.

Since these pages are viewable from home we just need to click on the camera icon found on the same line as microfilm number in order to bring up the digitized microfilm.

This is where Case File Number, 40-0555, which we also wrote down finally comes into play. 

 

It's  now old fashioned using newfangled technology research  since we need to go through the digitized microfilm images to locate the start of Case File Number 40-0555. A few minutes later and we find this:

Screen capture of the file start for Case File Number 40-555 at image 11 from FHL 1,314,011 in the Canada, Ontario - Land records, 1796-1894 collection.

This is the start of the file concerning David Lee of Bastard Township and there are 29 additional pages concerning the issues over the land. A potential treasure trove of information.