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

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