By LaRae Free Kerr

Some old court records reveal mayhem and abuse among ancestors, and while they may disclose soap opera lives, they also reveal essential family information.

Court accounts are among the best kept records available to American genealogists. The law required that legal actions of all kinds, civil as well as criminal, be preserved. Researchers can access court records by 1) visiting the court house or other repository where they are housed; 2) writing to the repository for copies; 3) checking the card catalogs of the Family History Library (FHE) in Salt Lake City and other libraries to see what has been microfilmed, indexed, and/or published; and 4) searching for digitized copies on the Internet. Note that not all, not even most, court records are as yet digitized or found in the FHL catalog, though that is changing fast. Still it is wise to start with indexed and published court records because they are so available.

Though always informative, occasionally court records are more interesting than a soap opera. Margery Sherrill Perkins is a perfect example. She spent a decade in and out of the courtroom and even spent a few days in jail. Her experience illustrates two research principles: court records are a genealogical must, and researchers should be prepared to accept whatever they find, positive or negative. If it weren’t for the court history of Margery Perkins, no one would know the parentage of William Sherrill born 1742. Much else is also revealed.

Recently, Bill Sherrill, when writing about Margery Perkins, titled his paper “The Sordid Story of Margaret Sherrill.” Perhaps the best treatment of Margery’s trials is found in “Margaret Sherrill Perkins” by Wanda L. Clark.

Here’s her story: Margery Sherrill married Elisha Perkins 1 Dec 1718 in St George’s Parish, Baltimore County, Maryland when he was 21 and she was about 17. The following year, Elisha patented 50 acres of land in York County, Pennsylvania and 50 acres in Baltimore County, Maryland. Deed transactions dealt with more and more acres as time went on. By 1729, ten years into the marriage, six children had been born; another would arrive soon, in Virginia. Things looked pretty good in the family except for that court case where Elisha was accused of stealing a gray mare. His mother, Mary Belcher, went to court on his behalf and obtained his release.

In 1729, Elisha gave his wife Margery Perkins power of attorney to collect debts due in Pennsylvania. Margery passed the power of attorney on to her brother-in-law in 1730 when the family moved to Virginia. In 1734 Elisha was “examined” concerning another horse theft and released. This time without his mother’s aid.

In Virginia, a landed, unmarried neighbor by the name of Christopher Holm acknowledged in his 1785 will that he had two children. One was by Elizabeth Freeman. The other was William Sherrill by “Margaret Sherrill alias Margery Perkins…whom I have reared from his infancy…”

Court records between 1737 and 1746 record Margery’s troubles. In 1737, a grand jury found Christopher Holm living with the wife of Elisha Perkins. In 1738, Elisha was accused of “barbarously using his wife Margery.” In 1735, Adam Sherrill, Margery’s brother, brought a suit of trespass against Elisha. In 1738, Elisha was again accused of treating Margery barbarously. In 1740, action was brought against Elisha by William Sherrill, another of Margery’s brothers.

In September 1741, Elisha drew up his will designating Christopher Holm, of all people, his executor. But when the will was proven in 1742, after Elisha died, Holm refused, and the court appointed Elisha’s daughter, Elizabeth, as executor instead. Elisha’s death did not stop Margery’s problems. She was hauled into court in 1743, but the case was dismissed.

In 1744 the Grand Jury presented Margery Perkins as a common disturber of the peace. Christopher Holm was found not guilty of fornication in 1745. The same year, seven neighbors testified against Margery on the disturbing of the peace charge. Eventually she had to pay the court costs and bonds in cash, and to those who testified against her, 2125 pounds of tobacco. She went to prison for about 56 days.

These court records prove relationships difficult to find in other kinds of records. They prove the marriage of Elisha and Margery, the parentage of William Sherrill, and Elisha’s mother’s second marriage. The records name a brother-in-law and several brothers. No other type of public record of this era provides this much information.

Many Americans descend from Margery Sherrill Perkins. Should they be embarrassed? Of course not. When doing genealogy, it is essential to let go of expectations. Be prepared to accept what is true about ancestors, no matter what that truth may be. If you expect to do genealogy without finding unsavory situations, you will be disappointed. But if you are searching for the truth, you will find it in abundance in court records.

To learn more about court records in genealogy research, see The Researcher’s Guide to American Genealogy, 3rd Edition by Val D. Greenwood or The Source by Eakle and Cerny or other basic research books.
LaRae Free Kerr, M ED, can be reached at Itsallrelatives@sfcn.org.