North Carolina Pioneers
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Rutherford County Probate Records

An explanation of Pleas and Quarter Session Minutes in North Carolina.

This type of court emulates a court which met quarterly in Great Britain. In early colonial America, it also had criminal jurisdiction. The genealogist should always examine the minutes of this court. And for good reason. It is similar to the (later) Inferior Court Minutes which registered everything from wills, administrations, inventories, and estates in general. The colonial North Carolina court recorded last wills and testaments as they were entered for probate, detailed inventories, distributions, sales of perishable goods and who purchased them, names of orphans and who they were apprenticed to, appointments of adminstrators, bonds, road commissioners and a general description of road junctures, adjoining lands and ferries. These minutes tell the story of the neighboring lands and what was happening. Simply a mention of your ancestor's name is reason enough to search them, because you discover the years that he resided in that county, as well as some of his personal affairs, like proving deeds as he purchased and sold property, registering of brands (animals), the appointments of church wardens, and districting lines drawn through his property. So often, the genealogist is unable to locate a last will and testament in the will books. The minutes will mention that it was filed as well as the date, even if it was not found in the will books. You simply have too much to gain to overlook this valuable source!

Minutes of the Pleas and Quarter Session Court
Deeds Miscellaneous Wills Records at North Carolina State Archives

Rutherford County

Rutherford County was formed in 1779 from the western part of the former Tryon County. It was named for Griffith Rutherford, leader of an expedition against the Cherokee in 1776 and a general in the American Revolutionary War. In 1791 parts of Rutherford County and Burke County were combined to form Buncombe County. In 1841 parts of Rutherford County and Lincoln County were combined to form Cleveland County. In 1842 additional parts of Rutherford County and Burke County were combined to form McDowell County. Finally, in 1855 parts of Rutherford County and Henderson County were combined to form Polk County.




Images of Wills 1823 to 1833