How to Find Ancestors in Upper Canada (Ontario) Land Records

Recently Olive Tree Genealogy received an intriguing email query from Jennifer.

I have tried on my own to access deed/land record information on an ancestor.William Lamoure bought Thomas Talbot land on a contract in 1804.   He received the deed in 1826....I have those records.   What I am searching for is when he sold it....what year and to whom???   He was in London Township. I believe that he sold his land and moved to Michigan....but I have NO record proof. I hired a researcher previously and they found nothing.

Lorine's Answer: I don't always undertake research when I receive such a query; instead I often offer suggestions as to where the genealogist could look next. But in this case, due to my interest in Ontario land records, the question intrigued me. I am pleased to say I found what Jennifer wanted in less than an hour. Because I think my process may help others searching for such records, I'm outlining my steps here.

Step One: I first searched the online Upper Canada Land Petitions at LAC (Library and Archives Canada) to find out exactly where William's land was. I also sent Jennifer an email asking her for the Concession and Lot if she knew it. Meantime I found William's petition in the online index. This gave me the Volume, Bundle, Petition Number, and Film Number I needed: 240A, L14, Petition 156 on film C 2128.

For more details on searching the UCLP (Upper Canada Land Petitions) see my article Searching Ontario Canada Land Records, eh?


Step Two: Next I went to the online digitized microfilm, also at LAC (Library and Archives Canada), searched for C 2128 and opened it. It didn't take long to find the section of film needed (Images 731-734 if anyone wants to see the petition) The envelope of the petition provided the detail I needed. William was granted land on Concession B, Lot 6, London Township. The date it was granted was July 1826. I also noted the Land Book Reference from the envelope so I could check there too. That was recorded as Land Book "M" page 650.

For help with understanding what is on these Upper Canada Land Petitions, see my article Understanding Notations on the Envelope of an Upper Canada Land Petition


Step Three: To search for the Land Book Reference I needed to find out what film held July 1826. So I went to the online conversion table at Heritage Canadiana and saw that I needed to consult film C-104. The films are online  and it was then a matter of scrolling through to July 1826. William was found on image 424. The record did not reveal much more than was already in the petition but it is always a good idea to check there too just in case.

C-104 Land Book "M"

For more help with finding a record in the Upper Canada Land Books see Finding an Ancestor in the Challenging Upper Canada Land Books

 
Step Four: Next I went to the onine OnLand.com site to search the Abstract Indexes to Deeds. This set of records provides the names of all owners of every piece of Crown Land in Ontario. So finding the abstracts for Lot 6, Concession B in London Township should provide me with dates and details of William obtaining the land in 1826 and when he left it. It was a bit of work to figure out what Book I needed but I did find it (MIDDLESEX COUNTY (33), LONDON, Book 3. ABSTRACT INDEX 1 UP TO 1866; CONCESSION A, B, C; CONCESSION 1 TO 2; PAGE 1 TO 114). I scrolled through many pages of other books before figuring out it was in this specific book.

 

Learn how to use the information in the Abstract Indexes to Deeds at The Overlooked Abstract Indexes to Deeds - a Useful Genealogy Research Tool

William is noted a few times over the years 1826 to 1849. The last entry is November 1849 so we might assume he left the area that year. Obtaining each of the instruments for each transaction will provide details that may give further clues. The instrument numbers are noted with each transaction. For those interested, the images for William are 31 and 32. It seems this was a 2-sided ledger so look at the left side on one image and the right side on the next.

Other Places to Search

CLRI

I also had a look in the CLRI (Ontario Land Record Index) which is an alphabetical listing of first time land owners of Crown land. William was found as William Lamoure of London Township obtaining Lot 6, Concession ID under Date ID of 8 which is an OIC (Order in Council). It was a Free Grant but he paid Full Fees. The Archival Reference is RG01 Series C13 Volume 033 page 046. It is not likely that much more would be found using the Archival Reference.

Other places one might search are:

Township Papers

Township Papers deal mostly with the original locatees, but may contain other pre-patent records.  These are miscellaneous land-related records, arranged by township name, then by concession and lot or by town name and lot number.These are available on microfilm. See Archives of Ontario.

Heir & Devisee Commission Records

The first Heir and Devisee Commission heard claims to land made by original nominees, their heirs devisees or assignees, the second Commission was confined to claims made solely by heirs, devisees or assignees. 

The First Heir and Devisee records are available on microfilm and have been digitized and placed online at Canadiana.org

 *Note: Researches are advised to consult my corrected Finding Aid for the First Heir and Devisee records at Peristence Pays Off: My Finding Aid is linked to from Library and Archives Canada


The Second Heir and Devisee records can be searched online at Archives of Ontario. Their database consists of an index to 5184 case files

As I explained to Jennifer, I no longer accept payment for research projects. If a query appeals to me, I do the work pro bono. I was happy to do this for Jennifer but I mentioned that if someone I have assisted is happy with the results they might consider buying me a cup of coffee (if they choose to) by using this link PayPal.Me/OliveTreeGenealogy

She very kindly bought me several cups of coffee and I appreciate it! 

Finding an Ancestor in the Challenging Upper Canada Land Books

Upper Canada Land Book K

I've shown you how to find an ancestor's petition in the Upper Canada Land Petitions online. If you missed that, you can follow the step-by-step instructions at Searching Ontario Canada Land Records, eh? and Understanding Notations on the Envelope of an Upper Canada Land Petition

Now we're going to tackle the very challenging set of online records called Upper Canada Land Books.

As I mentioned in my tutorial on  Understanding Notations on the Envelope of an Upper Canada Land Petition, the envelope on an ancestor's petition should not be overlooked.

In fact if you are lucky there will be a notation on the envelope that tells you the Land Book the page where you will find the entry for your ancestor's petition for land. Even if there is no notation indicating the Land Book Volume and page number, there should still be an entry in the Land Books.  I'm going to show you how to find those entries whether they are notated or not on the Petition envelopes.

What Are the Upper Canada Land Books?

But first let me explain what the Land Books are. When an individual petitioned for land in Upper Canada (present day Ontario), he or she had to present supporting documentation with the petition. The petition and supporting documentation would be read in the Executive Council. This Council consisted of a Land Committee who were responsible for recommending a decision as to whether or not to grant the petition. The  Council Clerk then made a corresponding entry in the appropriate Land Book.  These books contain the deliberations, decisions and recommendations of the Land Committee of the Executive Council of Upper Canada.

Sometimes the Land Book only contains a summary of the petition. Sometimes there is more detail. It is always wise to uncover all records possible for a given ancestor and I do recommend finding your ancestor's entry in the Land Books. The dates covered by these digitized Land Books are 1792-1867.

These Land Books do not have an online index (except for Land Book C) but there are several different online listings of the microfilm reels providing Volume numbers and dates found in each reel. However none of the online listings agree so I've tracked down which online listing is correct and that is the one you will need to use.

The Digitized Upper Canada Land Books

Let me explain in more detail. The actual filmed Land Books are online at Heritage Canada. But you can't just jump in and start searching as there are 14 films numbered from C-100 to C-110, as well as H-1976 to H-1978. The "H" films are all Finding Aids but I don't find them very helpful.

Clicking on the "About" tab for film C-100 says that this film contains Upper Canada Land Books Vol. 18-19. No dates are provided for any of the films listed on Heritage Canada. They only list Volume Numbers but the envelopes of Land Petitions do not record Land Book entries by Volume number. Instead they record it as a letter such as "Land Book K" or "Land Book M"

So we can't use the Heritage Canada descriptions to help us find our ancestor's entry. But we must use their online digitized images of the Land Books! A search of Library and Archives Canada finds a listing but on their website it shows there are 22 microfilms (as opposed to Heritage Canada's 14).

Finding What Dates are Covered in the Digitized Land Books

It took me quite awhile to find a list that provided accurate details as to what dates and Land Books are covered in each film.

I tried the search engine on Collections Canada found at http://collectionscanada.gc.ca/lac-bac/search-recherche/arch-adv-elab.php?Language=eng but results using the "identifier" found in the two lines under a specific film number on the About tab for a specific film back on Heritage Canada bring up results that do not fit the Heritage Canada film.

For example the identifier for film C-100 for example is "RG 1 L1 205068" Entering this in the search engine brings up 5 results. Each is for a different film. The hit for C-106 shows the following details:

 "Upper Canada Land Minute Book T contains the minutes of meetings of the Executive Council between 10 August 1837 and 29 June 1839 (pages 1-614), plus a nominal index organized under A to Z. For Minutes omitted in April 1838, see Upper Canada State Minute Book K (RG 1, E 1, vol. 55; mikan #3815028). " It also states C-106 contains Volume 38. 

But Heritage Canada website description for C-106 states it contains Vol. 36-39. We're in the ball park but we still don't know exactly what is covered in the film on Heritage Canada's website!
However the good news is that eventually I found this list of microfilm numbers on the Library and Archives Canada website. So far the details on this list have proven accurate as to what is on each film on the Heritage Canada website.

Finding Your Ancestor's Land Book Entry Using Notations on the UCLP Envelope

Now we get to the fun part. First you must find your ancestor's petition in the Upper Canada Land Petitions. See my previous blog posts for help with this. Once you have found the petition, check the envelope carefully. If there is a notation such as "Entered in Land Book J, page 110" as was found on one of the examples I used, that of the petition of Elizabeth Bowman DeForest, you're in luck.

Next you consult the list of microfilm numbers I finally found, to find out what film contains Land Book J. It is

C-103

28

Upper Canada

J

13 Aug. 1816 - 10 Feb. 1819

Now you go to Heritage Canada website and choose C-103. Once the first image loads you conduct a search the same way as we searched for the Upper Canada Land Petitions. See Searching Ontario Canada Land Records, eh? for a reminder of the method we used. It's a little different searching the Land Books because you are simply going by date which is found at the top of the images. Once you find the year and month you need, you check the page numbers until you get to the page you need.

And here is the entry for Elizabeth Deforest, found in Image 213 of C-103. It's a very simple entry and does not reveal any additional details about Elizabeth or her petition.

Finding Your Ancestor's Land Book Entry When the UCLP Envelope Has No Notation

But what if your ancestor's Upper Canada Land Petition envelope has no notation showing what Land Book it was entered in? What you must do in that case is note the dates - you want to write down the date of the original petition and the last date found on the envelope.

So in the case of my ancestor John Greenlees and his petition of 1826, I could see that the first date is 6 December 1826 and the last is 11 December 1826. So that is my timeframe. Checking the list of microfilm details on Library and Archives Canada I can see that my time period of interest is found on C-104.

C-104

31

Upper Canada

M

9 Feb. 1824 - 13 Dec. 1826

Back to Heritage Canada and a quick search through C-104 to find December 1826 and there was his entry.

And that is how you find an ancestor's Upper Canada Land Book Entry using the Upper Canada Land Petitions.

Understanding Notations on the Envelope of an Upper Canada Land Petition

A few weeks ago I explained how to find your ancestor's petition in the Upper Canada Land Petitions (UCLP) online. If you missed this step-by-step it is at Searching Ontario Canada Land Records, eh? 

One thing I mentioned in that post was that it is important to read and save the "envelope" for any petitions you find, as the envelopes tell us what the final outcome was to the petitioner's request. Let me show you 3 examples of what might be found on these envelopes.

 Here is the envelope for the petition of Abraham DeForest. Abraham's petition was a fairly simple one page request. He asked for extra lands as a Loyalist, above and beyond the lands he had previously received.

The envelope provides his abbreviated name  (Ab. Deforest) followed by this note:

"Recommended for 100 acres in addition to the lot he has received as family lands if is apparent from the Surveyor General Books he is entitled to them

Read in Council
August 12, 1795"

Then follows a darker notation "V Ent. P 299" This refers to the Land Book where the entry for Abraham's lands can be found. Sometimes there is more detail in these Land Books but often it is simply a summary notation of the petitioner's name and land.

The next envelope is for Abraham's wife Elizabeth Bowman. It's a bit more complex and has several notations in different handwriting. First, the numbers at the top of an envelope refer to the Volume, Bundle and Petition number which we talked about in my first post on finding the petitions.

Next we see the words "Petition of Elizabeth Deforest for land as D.U.E."  D.U.E. stands for "Daughter of United Empire Loyalist" which tells us that Elizabeth's father was a recognized Loyalist. As such Elizabeth was entitled to a free grant of land.

Next, it's a bit hard to read but the first word appears to be "Received" So the next notation reads

"Received 28th January 1817 from Abraham Bowman" and is signed by the Clerk John B-----

In lighter handwriting is the notation "DUE" and the signature of an official. It appears the Council recognized that Elizabeth was a DUE.

The sideways notation reads "Entered in Land Book J, page 110" and the final legible notation in dark ink reads

"Referred to the Council by His Excellency this day and Recommended 8th March. Read and granted 26th march 1817" This tells us that Elizabeth received the lands she requested. Although I am not including it in this blog post, Elizabeth's petition consisted of several pages. On one page she filled out a pre-written form stating she was the daughter of Jacob Bowman, a Loyalist, that she was married to Abraham Deforest and had never received the land grant she was entitled to as the daughter of a Loyalist. Also included was an affidavit from the Justice of the Peace stating that Elizabeth had appeared before the Magistrates and was accepted as the daughter of Jacob Bowman, Loyalist

This last envelope is for the petition of my ancestor Peter Bell. Peter was not a Loyalist so this is a good example of what you might find for a petitioner who is applying for land under some other regulation or for another reason.

Peter's original petition stated he had come from England to New York and lived there for 3 years before deciding to leave and settle in Canada. He gave his reasons as being unhappy under the American government. He asked for land beside his daughter and brother-in-law.

The envelope tells us what the Council's decision was. We start on the right as that is where notations were made first. Apparently there was not enough room so the notations continued on the back.

"Peter Bell applies to purchase Lot No. 8 in the 10th Concession of Puslinch. -- House, 1 May 1839"

Next notation reads "Referred to the --- of Crown Lands to -- herein for the information of the Hon [orable] Executive Council" It is signed by two officials. It seems the Council couldn't make its decision without more information.

The notations continue on the back "In Council 23rd May 1839. There is no authority to sell Clergy Reserves at present. This/The Act of Parliament --- the amount to be sold to me -- which is nearly exhausted." Signed by an offiical. While I cannot make out all the words I can read enough to know it is not looking like Peter is going to get the land he wants. But then comes this notation

"I should like to know what quantity of Clergy Reserves may yet be disposed of under authority. In a case of this kind, settlement should, if ----, be encouraged. "

Peter's petition went through quite a bit of red tape and there is one more note which was written on yet another bit of the outside envelope

It's pretty important as it comes from the Crown Land Office in Toronto and reads

"I beg to recommend the prayer of the Petitioner under the circumstances stated by him - the lot being vacant" It is signed by an official and this last notation tells us that Peter Bell ended up being allowed to purchase the land he wanted.

So don't overlook the envelope as an important part of the Upper Canada Land Petitions.  To find out what other types of land records are available in Ontario, see Finding Ancestors in Ontario Land Records

Searching Ontario Canada Land Records, eh?

1826 Land Petition John Greenlees

Last night I stumbled on two land petitions for my 3rd great grandfather John Greenlees. That's right, I said "stumbled on". Yes it's a bit embarrassing to admit my finding these petitions from 1826 and 1833 was not an act of brilliant genealogy sleuthing. 

Finding land petitions may not sound exciting but not only do they add details to an ancestor's life, they often contain clues to other records or facts that were not previously known. In this specific instance the 1826 petition gave John's year of immigration from Ireland to Ontario Canada. It also provided the number of children he had in 1826.

Last night I went to a lookup service site I use sometimes and entered GREENLEES into the site search engine. I’ve searched for my Greenlees family before on this site but the owner often adds new indexes so since I was bored with TV I figured what the heck. Bingo! Up popped two index entries for my ancestor in the Upper Canada Land Petitions (UCLP). That puzzled me because the UCLP have been online as a searchable index at Library & Archives Canada (LAC) since 2010, and the actual images have been online for at least a year.  I’ve searched them dozens if not hundreds of times but I’ve never seen a petition for John Greenlees. 
 
My next stop was the online UCLP indexes at LAC. It’s a bit tricky finding the petitions there because the searchable indexes are on one spot on the site and the actual digitized images are on another – and there is no link from one to the other. First you head to the Indexto Upper Canada Land Petitions (1763-1865) to search the indexes. But here’s the important part of searching this index. When you search for an ancestor, take advantage of the wildcards that LAC allows. 

For example, searching for GREENLEES does not bring up my ancestor John. But searching for GREEN* brings him up for both those petition entries I found on the other website. For those his name is rendered as GREENLESS.   Here’s the embarrassing bit – I know to use wildcards. I do use wildcards. But apparently I never used them when searching for my Greenlees family! Either that or I somehow overlooked searching for them in the UCLP. Once your name of interest is found you must click on the link for each name. 

Clicking on the index entry for John Greenlees 1826 provides me with the information I need to find the digitized image(s) online. 

Name:  Greenless, John

Place:  Nelson

Year:  1826

Volume:  208A

Bundle:  G 14

Petition: 142

Microfilm:  C-2032

Reference: RG 1 L3

It would be nice if LAC had an easily found link to the digitized images but unless you then go back to your results, click on SEARCH HELP, then choose HOW TO OBTAIN COPIES you will be lost as to what to do next. Choosing HOW TO OBTAIN COPIES takes you to an explanation and buried in it is a sentence saying you can view the digitized images for the UCLP online. The word “online” is linked. 

But guess what! Clicking on that link takes you to another page of information about LAC’s digitization projects. Buried within this page is an explanation that “some” items from LAC’s “numerous collections” have been digitized and you can search for what you want by going to a BROWSE BY TITLE or BROWSE BY TOPIC page. Phew! Nowhere will you find a link that specifies you can search the UCLP digitized images. That's a major fail in my mind.

But the workaround is that you can go directly to the digitized UCLP images with the link I have provided here. I suggest you open a second browser window for the actual images so that you have your first window still open to the information you need (Microfilm #, Volume #, Bundle and Petition #) You'll be jumping back and forth to doublecheck that you are in the right volume and bundle as you search for the petition you want.

Using John Greenlees 1826 petition, I’ll show you how you find the image you want on the digitized microfilm. I need Microfilm:  C-2032 so I must go page by page until I find the film number I need.  It is on the 3^rd page of film numbers. I click on the film number and the first image of 749 appears. The first page won’t help me so I usually enter 50 in the box so I go to image 50. 

Source details at bottom of digitized image

 Scroll right to the bottom until you can see Upper Canada Land Petitions and the source detail including the Volume, Bundle, Years and more. We need Volume 208A for John Greenlees. But a look at the info on image 50 shows we are in Volume 208. So we have to jump ahead. There is no way of knowing how far ahead you need to go so I just usually go by 50 at a time. Sometimes I go head a few hundred because you can always go back. So I jumped to image 100 (still not the right volume) and then 200. Image 200 shows me I am in Volume 208A, Bundle 14.  We can also see it is for letter “G”. Now we check what Bundle we needed for John Greenlees and it is G14. So we are in the right Volume and Bundle. 

Next is the all-important petition number. We need #142. So now we scroll UP on the image we are on (200) and check the top of the actual petition.   The petition number is usually on the right top but sometimes on the left. In this case Image 200 shows the petition number on the top left is 120a

The petition we want (142) is ahead on the reel. You might do the math and think you only need to go head by 22 but most petitions have at least 2 pages, sometimes dozens. So I would go ahead 50. I’m not worried because if I jump past #142 I can always go back.

Going ahead 50 takes me to image 250 and I can see that it is Petition 131a. I’ll go ahead another 25 and see where I am. That brings me to Petition 139. Finally I hit on image 302 which shows me the petition #142 for John Greenlees. If you happen to get to your desired petition # but it has a letter after it (such as 142b) then you have gone too far. The petitions are numbered in sequence and always start with a number. Each page of the same individual’s petition is given a letter so if John Greenlees has a 4 page petition they will be numbered 142, 142a, 142b and 142c.

Be sure to save every page including the “envelope” as it has important information on it. I’ll explain how to interpret the information on the "envelope" in another blog post. Meantime you may want to read about other land records in Ontario - where to find them and how to search the databases. It is found at Finding Ancestors in Ontario Land Records

Finding a Black Ancestor Using Circumstantial Evidence Part 4

Upper Canada Land Petition
Jonathan Butler
envelope

You may recall that the goal I started with in my search for Jonathan Butler, a man of colour, was to create a timeline of his whereabouts before 1824 and after 1840.


And thus I come to my timeline and summary of the new documents and clues I have found in my research:

ca 1808 Jonathan arrives in Upper Canada (present day Ontario), possibly coming directly from Pennsylvania (as per his land petition) Whether he came as an adult or a child with parents is not known.

March 1816. Jonathan is found in Etobicoke (just west of the city of Toronto), possibly leasing land from Col. Samuel Smith (as per Character Certificate). Jonathan was almost probably at least 21 years of age at this time, thus a very rough estimate of his year of birth would be 1795 or earlier.

March 1819. Jonathan is a farmer with 50 acres in Toronto Township (as per his land petition). Toronto Township has the Etobicoke River on its eastern boundary. I believe this is possibly land he leased from Col. Smith. 

April 1819. Jonathan is granted 100 acres of land in the Wilberforce Settlement (black settlement area) in Oro Township. (as per Land books) It does not appear he actually settled there (as per Gary French)

ca 1822-1838. 2 sons and 3 daughters are born in this time period. Names are not known (as per Assessment records)

1824. A son Allen is born in Toronto Township to Jonathan and wife Elizabeth Jenkins or Ginkins (as per 1851 adult baptism in Waterloo)

ca 1829 A son Harry aka Henry is born, location unknown

1832. A son George is born in Toronto Township. 

1834, 1837, 1838, 1839, 1840: Jonathan is found with 100 acres in Woolwich Township, Gore District which was part of the Queen's Bush settlement area for blacks. He lives "west of the Grand River" and may be on Lot 88 (as per Assessment Records) 

Miscellaneous Details

I find no trace of Jonathan after 1840. It is not known when his wife Elizabeth died and the only record of her is the mention in the 1851 baptism of their son Allen. 

The only children found in the 1851 census (which is incomplete with many missing areas) are Allen, George and Harry/Henry Butler.  

In the 1839 Assessment they are listed as belonging to "other religion" which may mean they were attending a black church. They are also listed as "unbaptised or not belonging to any denomination"

The 1881 Atlas for Floradale, Woolwich Township, Waterloo Co. provides details of their son George Butler as follows: born 1832 Toronto Township, settled near Floradale in 1835,  residing Concession GCT Lot 120. My research indicates that GCT stands for German Company Tract

1891 Census for George Butler records his mother as Irish

Summary

There is much research still to do and hopefully many more clues and facts to uncover. I urge others facing their own challenging ancestral searches to develop a timeline as I've done. Record your facts and your clues, being careful to note whether something is proven, a theory or supported by circumstantial evidence. 

Then sit back and study and analyze your findings. You will be amazed at what sudden "aha" moments occur! Organizing your findings will more easily guide you to where you might look as your next step in solving the ancestral puzzle.

Finding a Black Ancestor Using Circumstantial Evidence, Part 2

Upper Canada Land Book Entries

Looking for Land Records

I hoped to find an exact land location because then my search could extend to the Abstract Indexes to Deeds. That would allow me to learn exactly when Jonathan obtained his farm land and under what conditions, and when he left and who the land passed to. But the only clues were vague..... "West of Grand River" and a possible lot number of 88.  

Jonathan could not be found after this 1840 assessment. There are no early census records for Ontario before 1851 although there is an 1841/1842 and an 1848 Census which is head of house only.  Many of the 1851 census records are missing for several locations so that quickly became a dead end.

Land records such as the CLRI were no help. There was no record of Jonathan as a first time land owner anywhere in Ontario. I could not find a death record for Jonathan or his wife, Elizabeth Ginkins or Jenkins [Source: 1851 baptism for their son Allen]

Analyzing & Assessing Documents

For several years I was stalled. I mulled over what I had found. I did a lot of examining and re-examing the records I'd found, thinking about my next step. I didn't know where in Toronto (or Toronto Township) Jonathan had resided. It seemed to me that land records were the answer but Jonathan was nowhere to be found on the few indexed records available. I knew that a Jonathan Butler had been granted land in the Wilberforce Settlement which was an area of Ontario settled by men of colour as early as 1819. But was this "my" Jonathan Butler? 

A Serendipitous Email

And then a break. Gary French, the author of "Men of Colour: An Historical Account of the Black Settlement on Wilberforce. Street and in Oro Township, Simcoe County, Ontario 1819-1949", wrote to tell me had found what he was sure was Jonathan's petition for land, and that it gave information on his origins in the USA.

A look at the online petition in the Upper Canada Land Petitions found on Library and Archives Canada provided this information: 

March 9, 1819 Petition for Land Johnathan [sic] Butler, farmer of Toronto Township, Home District. Has a farm of 50 acres, has developed 30, desires some Crown Land. Is a man of colour, a native of Pennsylvania, been in the province upwards of 11 years. 

This wonderful document  narrows the time of Jonathan's arrival in Upper Canada, making his immigration year circa 1808. It also reveals that he lived in Toronto Township and not the city of Toronto. 

A close look of the envelope containing this land petition revealed, in very tiny hard-to-read writing:   Entered in Land Book K, page 93 which is C-103, Vol. 29. Granted 100 acres in Wilberforce.  And now the question: Men of colour who were granted land in Wilberforce were War of 1812 military men. Jonathan Butler was the only non-military man granted land there. Why was he included?


Next stop: Upper Canada Land Books


Armed with these new facts, I next went through the online Land Books on Canadiana.org, which believe me is not an easy or quick task. They are not indexed, but I was able to narrow my search to Land Book K on film C-103. From there it was a case of scrolling until I found the reference to Jonathan on page 93. 

26 April 1819. Land Book K page 93: Jonathan Butler praying for a grant of land as a settler. Granted 100 acres in Wilberforce Street.

The entry did not reveal much more than the original petition in March but that's the thing with genealogy and family tree research. You must track down and follow every clue, every reference, no matter how small. Sometimes you find something huge, sometimes nothing at all. But if you don't retrieve the document you will never know what you might have missed.

Although Jonathan was granted land in the Wilberforce Settlement, Gary French tells me it does not appear he ever lived there. But finding the exact location would give a date he gave the land up and that might lead to knowing when he went to the Queen's Bush settlement in Waterloo.  

Part 3 to be posted tomorrow

Finding an Ancestor in Early Ontario Land Records

Upper Canada Land Petition Isaac Vollick

Many researchers ask me where and how they can find information about an early Upper Canada (aka Canada West aka Ontario) ancestor and where he or she settled.

Early Ontario records can be challenging to find. Ontario was not settled until the American Revolution when many Loyalists fled the Colonies (later the United States of America) for Canada.Very early records were often not taken or if taken, have not survived.

But there are land records, it's just a matter of knowing what has survived and where a collection can be searched.

It is also important to know the boundary and name changes that occurred in Ontario. From Upper Canada to Canada West to Ontario, you will need to know what years the name changes took place. Also important are the District and County name changes. Here is a complete list of the District Names in 1846 and the counties and townships in each.

Below is a list I compiled of online searchable land records. There are many that are not online and I have also provided a link to my website where a list of offline resources is given. I hope this is of help to struggling genealogists.

* Upper Canada Land Petitions index and images online on Library and Archives Canada (LAC).
Many early settlers, both military and civilian, submitted petitions to the Governor to obtain Crown land. Sons and daughters of Loyalists were also entitled to free lands. The Upper Canada Land Petitions contain petitions for grants or leases of land and other administrative records from 1783 to 1865

* Second Heir and Devisee Commission Case Files Database Index to  5184 case files, from 1804 to 1895, document claims for land made to the Second Heir and Devisee Commission. The second Heir and Devisee Commission was responsible for hearing and determining claims to land brought forward by the heirs, devisees, or assignees of original nominees. (Online Index)

* The Computerized Land Record Index (aka Ontario Land Record Index) summarizes land grants of Crown Land, sales of land from Canada Company sales or leases and from Peter Robinson settlers' grants. If your ancestor settled anywhere in Ontario and he was the first time owner of Crown Land, he should be on these lists. (Lookup Service)

* Return of all Patents for Land 1836 1478 names of patentees with some surnames missing (not found are surnames beginning with H, K, L, M, P, Q, S, T) 

* Canadian County Atlas Digital Project at McGill University. The County Atlas Digital Project is a searchable database of  property owners' names which appear on the township maps in the county atlases. Township maps, portraits and properties have been scanned, with links from the property owners' names in the database.

* List of land records available for Ontario (aka Canada West aka Upper Canada) and where each set of records can be found (online or offline)

*NEW* Upper Canada Land Petitions Index available online

Readers familiar with OliveTreeGenealogy.blogspot.com know that I talk about Upper Canada Land Petitions (UCLP) a lot! I also talk about it a lot on AskOliveTree.blogspot.com 

In 2008 I provided an example of a Land Petition for a Loyalist claim to illustrate to genealogists how much detailed information can be found in this wonderful resource. You can view the petition on my October 7, 2008 post called Upper Canada Land Petition for a Loyalist Ancestor

It's important to note that present day Ontario had name and boundary changes, and was once called Upper Canada (and also Canada West). So if you are searching for early Ontario ancestors, you should not overlook the Upper Canada Land Petitions.

The terrific news is that Library and Archives Canada (LAC) has just  launched a new online database, Upper Canada Land Petitions (1763-1865). Caveat - this is NOT the petitions themselves, this is an INDEX to the petitions, with full details on where the actual petitions can be found for each individual listed.

Through this online database, researchers can access more than 77,000 references to petitions for grants or leases of land created by individuals who lived in present-day Ontario between 1763 and 1865.

This is an amazing new resource and one I'm utilizing already to double-check my previous searches of the microfilm in the Ontario Archives.  With the online index you can use wildcards to represent letters, making it much easier to find all spellings of a surname. Using the microfilm index of course you cannot do that and must be very creative in your spelling!

Using Land Petitions to Learn about an Ancestor

Land records are very useful. Originally all land in Ontario belonged to the Crown. Although there were small areas of settlement in 1763 after the British took over,
major settlement of Upper Canada began in 1783 and utilized Crown Grants.

Most settlers bought land soon after arrival, although of course there were exceptions to this - some lived with family previously settled, others had no urgent need for land (a blacksmith didn't need land as urgently as a farmer for example)

There are many different types of land records, but the one I want to show today is the UCLP (Upper Canada Land Petitions) These are the actual Petitions for land which were submitted in Upper Canada (Ontario) . They frequently contain information about the petitioner and his or her family. Loyalists and discharged soldiers often mentioned the regiment in which they served.

The image below is an affidavit by an individual submitted as part of Albert Hainer's petition for land in the Niagara area of what is now Ontario in 1797. Affidavits were often submitted to strengthen a petitioner's claim that they were qualified to receive land under certain regulations. In this case, Albert was applying as a Loyalist and in right of his having married Catherine Vollick the daughter of a Loyalist. Albert had Robert Kerr, a well respected man in the community, write this affidavit on his behalf and it is found in the bundle of papers on file at the Ontario Archives for Albert Hainer's land petition.

Notice the variant spelling of the surname Vollick



This will certify that Albert Hainer, a Private in the late Corps of Rangers [Butler's Rangers] is married to Catharine Folluck, the daughter of Isaac Folluck, likewise a soldier in said Corps, and that she comes under the description fo a Loyalists Daughter, and entitled -- to U.E. [United Empire] and that -- Albert has now five children. Newark 14th May 1796

From this little piece of paper we learn that Albert Hainer was in Butler's Rangers so we can search the rosters for records of him. We learn that he is married to Catherine Folluck (Vollick) so we can look for a marriage record. We learn that Catherine's father is Isaac Vollick and that he too was in Butler's Rangers. We then learn that Albert and Catherine have 5 children as of May 1796 so we can try to determine the chldren's names and birth years. Lastly we see that Albert Hainer, and Isaac Vollick are Loyalists, and Catherine is a qualified DUE (Daughter of a Loyalist) so we can search for more Loyalist records on this family.

And remember, this is only one affidavit of all the papers in the bundle for Albert Hainer. Imagine what you might find for your ancestor in the Upper Canada Land Petitions.

More Loyalist Petitions - an example

We have talked about Loyalist Petitions for land and the UCLP in other blog posts. There can be many bits and pieces of affidavits, letters, etc in a Loyalist petition for land. These are all important to the genealogy researcher. But one part of any petition which is often overlooked by researchers is the outside flap or envelope of the entire bundle.

The outside envelope holds important clues and details. It will tell you whether or not the individual's petition was granted. It will give the size of the grant if one was awarded. It may hold other details. When searching in the Upper Canada Land Petitions (UCLP) don't overlook all the pages including the outside flap.

Here is a good example - the outside envelope of the petition for land of Sarah Follick (Vollick) We learn several things from this outside envelope - first that she was the daughter of Jacob DeCow (DeCou), secondly that she was recommended for 200 acres of land. This was a normal size grant of land to a child of a Loyalist. So we know that her married name is Follick (Vollick) and that she was the daughter of a Loyalist (DUE).

If Sarah was an ancestor now we would hunt for her father's Loyalist petitions, using the clues that his name was Jacob DeCow (DeCue and variants)

The petitions themselves which are inside the bundle reveal more about Sarah and her husband John Vollick but I'll save that for another blog post.

Upper Canada Land Petition for a Loyalist Ancestor

The Americans called them "Tories" or "Traitors". The British referred to them as "Loyalists". They were the men and women who remained loyal to the British Crown during the American Revolution (Revolutionary War) They may have been individuals living in the Colonies (now USA) who fled to Canada and fought on the British side. They may have been British soldiers. You have just found out that you have one in your family tree. How do you find more about your Loyalist ancestor?

I begin with the Upper Canada Land Petitions (UCLP). Each Loyalist could claim free land as a Loyalist (UE). Every child of a Loyalist could claim land as a DUE (Daughter of a Loyalist) or SUE (Son of a Loyalist). Thus Loyalists and their families began filing petitions for their rightful land claims.

Petitions can hold a wealth of genealogical information (military service, description of hardships, immigration year, letters from friends attesting to petitioner's loyalty, origin of petitioner, etc) OR they can contain very little. Only by finding every petition for every family member will you be happy that you have not overlooked a clue. For example one family member might give info that another does not.

The affidavit on the left is part of a large bundle of letters, affidavits, and petitions from my Loyalist ancestor Isaac Vollick which he submitted in 1797. Each bundle is given a number, in this case "27". Then each page in that specific bundle is assigned a letter. The affidavit is 27K indicating that A, B, C, D, E, F, G, H, I and J preceeded it. You can see that this set of papers for Isaac probably contains a great deal of interesting information.

This specific piece of his petition in 1797 states

I do hereby certify that Isaac Volek [sic] served in Butler's Rangers from the year 1778 to the end of the War. That his wife and family suffered much during his absence [xxx] were sent prisoners a considerable distance from home.

Newark March 30th 1797 [signed] J. Ball, JP

Isaac Volck's [sic] wife came to Niagara in the year 1782.

J. Ball

You can see that I have learned a great deal from this one piece of paper among many - that Isaac was in Butler's Rangers from 1778 on. That his family were imprisoned and then exiled. That his wife (and probably children) arrived in Niagara in 1782. There was much more information in this set of papers and I will talk about that in other blog posts. One letter went into great detail of Isaac's family's hardships. Today I just want to demonstrate how important the UCLP are in your research.

Step One is to consult the UCLP Index (Upper Canada Land Petition Index) for all instances of your family. Copy each entry in the index exactly as found. Then use the Finding Aid for the UCLP Index to convert the info for each entry to a correct microfilm number for the full petition(s) for land.

The UCLP index is available on InterLibrary Loan but you will have to ask your local library or FHC for details (or consult the online FHC catalogue).

What is a Loyalist?

In Upper Canada (now the province of Ontario, individuals had to qualify as Loyalists. They had to be recognized by the Government as Loyalists. If recognized, they and their descendants are entitled to use the designation UE (Unity of Empire) after their names.

If the courts did not approve their claim, or did not agree that the person met the qualifications, then they are not Loyalists

I have Loyalist ancestors who were approved. I have ancestors from New Jersey who remained loyal to England and left New Jersey for Ontario but who were NOT approved. They are not qualified Loyalists.

So while an ancestor might be loyal to the British Crown, they might not meet all the criteria and hence not be Loyalists.

The criteria basically for qualification was three-fold:

* a person had to reside in the American Colonies before the war with Britain
* had to join the British Forces in some capacity before 1783
* had to experience some loss of property, life or goods.

So in the case of my loyal, but non-Loyalist ancestors, because no one took up arms (i.e., joined the British forces) they did not qualify as Loyalists.

Being a Loyalist gave many rights to an individual, including free grants of Crown land and being exempt from administration fees for land processes.

There is no one list of approved Loyalists! Finding a Loyalist ancestor means looking in many different sources, including the following

CLRI (aka Ontario Land Record Index) summarizes land grants from sales of Crown Land, from Canada Company sales or leases and from Peter Robinson settlers' grants. Also includes Loyalist grants (as UEL, DUE and SUE)

UCLP are the actual Petitions for land which were submitted in Upper Canada . They frequently contain
information about the petitioner and his or her family. Loyalists and discharged soldiers often mentioned the regiment in which they served. A land grant will provide you with the information as to under what conditions the land was granted. This will confirm Loyalist status if qualified.