Well Worth Family Historians Looking For A Will

A will and testament from the 19th century
A Will from the 19th century

It was not just the rich who would leave a will in the Britain of the past. For this reason, family historians looking into their family tree, should consider it worth researching whether their ancestor did so. This area of family history research is often recorded as Wills and Administrations. I will write about Administrations in another post concentrating today on Wills.

Technically what we refer to in common speech as a ‘will’ is in fact a joint deed that is legally known as ‘The Last Will and Testament’ of the person who has died and it was in 1540 that in England it came into existence. From that date on a party could now devise, or gift, their ‘Freehold’ land by the means of a will.

In order for a deceased’s wishes to be carried out an executor, or executrix, would need to be appointed by the departed to administer and distribute their estate after their death. The executor/executrix would need to apply to a court for the will to be carried out and that court would have to be satisfied the will was valid and that it was the deceased’s final will, and testament. This is the process known as “proving a will”. When satisfied the court then issues a grant of probate that allowed the executors to finally carry out the will’s terms and distribute the deceased’s property.

Before 1540, in England, a testament was only concerned with what is known as “personality” or personal property, which is a person’s moveable goods and chattels. This was because a person’s interests in any “real property” (that is the land and any buildings that they owned) would automatically descended  to the
deceased’s immediate heir, normally the first son. Ecclesiastical law, however, held that at least one-third of a man’s property should pass to his widow as her dower and then another one-third should go to all his children.

As you delve into this area of family history you may possibly come across something called a nuncupative will, or perhaps you will see it referred to as an oral will. If you consider that in some places, in years gone by, very few people other than the clergy could read and write. So if your ancestor was dying, with no one available with the skill to write down his wishes, then the court may have relied on the deceased’s oral declaration of their last wishes to another party. Probate would only be granted after the courts had listened to the sworn evidence of those persons who had heard that declaration being made.

As I am sure we can all imagine, this sort of will would often lead to disputes. Needless to say nuncupative wills were made invalid in England by the Wills Act of 1837. There being one exception, however, and that is in the case of members of the armed forces on active duty, for whom they are still legal today.

You can tell such wills apart in the records, as they can usually be identified because they start with the word: Memorandum.

A holographic will, on the other hand, is a will and testament that has been entirely handwritten and signed by the testator. In the United Kingdom, unwitnessed holographic wills remained valid in Scotland up until the Requirements of Writing Scotland Act 1995. This Act of Parliament abolished the provision and so such wills written after 1st August 1995 are now invalid in all of England, Wales, Scotland, and Northern Ireland.

Family historians, may well find that the ancestor that they though would just not have written a will, may well have done so. Consider that even if your ancestor was not wealthy, but a person who owned the tools of a trade, then they may well have wanted to make sure that these were passed on to the right person.

Another lesson that I have learnt is that finding wills can be difficult. I had searched many times, over the years, in various online places before I found the probate for my 2x great-grandfather on the recently available Ancestry Wills & Probate data.

Henry Thomas Thorne, for forty years worked on the River Dart first as the steersman of the railway ferry the Perseverance and then as captain of the GWR Steamer The Dolphin making the short crossing between Kingswear and Dartmouth. He died in 1908 and left effects of £202 17 shillings. That’s about £15,700.00 now, using the retail price index.

As with all family history research, don’t give up on blanks in your family tree, simply resolve to return to unfruitful searches at regular intervals as more data becomes available all the time.

The Nosey Genealogist.

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How Can I Find Parish Records In My Family Tree Research?

Online-Old-Parish-RecordsMost people researching their family tree in the British Isles will eventually get past the census collections and the civil registrations and must now turn to the Parish records to proceed further. While, recently, there has been a great many more parish register collections being made available through the subscription sites, it is still not the case that a family historian will definitely find their ancestors parish has been uploaded online. Getting back before 1837 in England & Wales needs researchers to know where to look for the relevant details

Even if, however, we accept that we may need to make a visit to a physical archive, in order to push our research on, then we can certainly turn to the internet in order to locate where the parish records are. As well as this the web can undoubtedly save our selves time, when we do make the visit to the particular County Record Office or other archive, by being able to gain information provided by their website beforehand. In some cases they may even have their catalogue online which would allow us to do essential homework such as finding call numbers for the documents that we wish to look at and perhaps even ordering them up before we arrive.

In most cases, probably as much as ninety-nine percent of the time, we will find that the Parish Records for our ancestors have by now been deposited at the County Record Office, while a rare few will still be at the church in the care of the incumbent minister.

So where should we look first online?

A good starting point is to head over to the ARCHON page that is to be found in the website of The National Archives at www.nationalarchives.gov.uk and is a list of all sorts of archives in the country. The lists include diocesan archives, regimental and many other depositories that have a bearing on social history and genealogy.

From the National Achives home page navigate to the Records page and then to Catalogues and Online Records scroll down until you see the link for Archon. you will now be given a list of areas in Britain to search each with its own link so we see North East, North West etc. Selecting the area that you wish to look up will take you to an A-Z of repositories and if you were looking for a county record office this will be listed there.

Click on the relevant list and you will now be shown the information that ARCHON has on the archive in question giving you opening times etc and a very useful link to the actual archive’s website. I say useful because this is where you are likely to find the most up-to-date information about when they are open, if they have any late nights or Saturday opening times and how to get to them by road, rail, or air.

The actual repository’s website will give you such information as to what types of ID they accept, whether they are a member of the CARN ticket scheme where with one card you can gain access to many Record Offices across the country. Also the low down on whether you need to book a microfiche reader in advance of your arrival etc.

Some archive’s even include their catalogue online, this being a very useful tool as you can find out, in advance of your visit, if they hold the documents that you are looking for and also it allows you to take a note of the “call numbers” for the documents. This will cut down on wasting valuable research time, when you first arrive at the record office and indeed you may be able to order up, in advance, the documents to be waiting for you.

ARCHON is a most useful internet tool for those of us who are thinking about heading to an archive to do some research offline and is one of the ways to go about finding parish records.

I will be looking at others in a future post.

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Family History Data, Should It Be Free?

There seems to be a trait among many family historians who all seem to want information to be available to them at the drop of a hat, for free and provided instantaneously as well.

Now, I’d like to raise an argument that this would seem to  defeat the object of much family history research. Is it not the thrill of carrying out a piece of detective work, in order to find an ancestor after ploughing through the databases online and then visiting the County Record Offices in person to read page after page of parish registers on the microfilm machine, that makes this pastime of ours fun?

Certainly, a good few newcomers to family history seem to believe that all they will need to is log onto the web, enter a name into a search box and they will instantly find their ancestors going back to Adam and Eve. Many do not think that they should pay anything for this, as if the state has some sort of obligation to give them the information on demand.

I don’t know if you have you ever looked into the searches that are carried out on the likes of Google for keywords? Take “family tree” as an example. I’ve noticed that the number of people typing in a search on how to get their family tree for free, was quite high. It would seem that some people express the idea that as its “their family” that they have some sort of right to be given the research.

When most of the newbies, to family history, find that they need to pay for a subscription to a website, in order to progress, they either descend into rudeness, or give up before they even get properly started. This latter scenario being an absolute shame, in my view.

From my website I offer a tips and tricks email which gives the people, who have signed up to my list, valuable free content. At the bottom of the email I often have an advertisement for my paid for products and it amazes me that I get aggressive emails back saying things such as “I’m not made of money you know”. To these people I would just like to humbly suggest that they enjoy the 98% of the rest of the email, that comprises the free tip, and just try to ignore the advertisement for my products at the bottom.  Do they have such a problem with commercial television, I wonder?

Expanding the discussion a little bit more, I’d like to bring in the arguments of the Open Genealogy Alliance – http://www.opengenalliance.org/

As I understand it, they are arguing that our public records should be made free to view online. They make the point that, in a large number of cases, many public records have now been licensed to private companies. These business need to make a return on their investment and so the public can only gain access to the data if they pay for it. The OGA are challenging this idea, saying that the digital versions of, what are, public records are effectively being privatised.

In my opinion there certainly needs to be some sort of balance, the record offices and archives are all facing up to the shortage of funds in the present economic climate and perhaps we should all make a bit of an effort to go out there, whenever possible, and visit the various archives more often. A vicious circle where they many have to cut their hours, due to less visitors coming to see them and reacting to spending cuts could see the record offices and archives closed or amalgamated.

Until absolutely every record is available online, a situation that is never likely to happen, then we family historians should stop expecting instant records to be available to us at our finger tips. And, what is more, I do think that we need to get out of depending only on our computer and just go out there into the world to find the information for ourselves. Believe me, it really is much more fun that way!

What do you think?

The National Archives at Kew
The National Archives at Kew
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Phillimore Atlas and Index of Parish Registers

So, you have been researching your ancestors through the census and have gleaned the name of the town that they were born in. You now have to find the parish in which your ancestor was baptised in and perhaps you have been lucky in getting the parish name from the census. Now you want to find out where exactly it is and carry on your research back before 1837.

The Phillimore Atlas & Index of Parish Registers

The Phillimore Atlas and Index of Parish Registers, Phillimore & Co Ltd; 3rd Revised edition edition (1 Dec 2002) is the go to resource for family historians who are dealing with the “Old Parishes” of England, Scotland & Wales. The third edition of this index features the addition of a map of the whole UK that shows the county boundaries before 1830 and it has shifted to a reliance on census indexes, rather than marriage indexes, which are now summarized in a paragraph.

 

In what I’ve written above I refer to the Old Parishes. What are these, you may be asking yourself? The answer is that they are those, approximately twelve and a half thousand parishes, from before 1832 and the Victorian expansion of towns and cities. It was then that many of the ancient parishes were divided up with the building of new churches to cater for the expanding population.

 

The Phillimore Atlas and Index is an abstract made in 1831 of the records that had survived for the parishes of that time. The book gives the family historian maps of the ancient parishes, along with names and the dates of the earliest surviving registers for each of the named parishes. Now these could be back as far as 1538 or much much later, depending on their survival against fire, flood and a variety of other reasons for them going missing.

 

Taking a look at the Index section you would see that you are able to find a list of the old parishes for the county that you are interested in. You will find the dates for when the registers were deposited and a code against them that will tell you where the records are deposited in the various record offices.

 

Now, you should be aware, however, that it is possible that not all three types of records may have been deposited yet. The baptism, marriage and burial registers may have filled up at different rates. The registers are only ever deposited when they are full as they remain a working document until such time. So, take as an example, a parish where baptisms are only done once in a blue moon. Here the register that they started in 1813 may still be with the church as it tortuously slowly received children into the faith! (1813 was when the new registers came into existence.)

 

The Atlas and Index is effectively a synopsis of parish registers and if there is nothing in the column for baptisms then you could assume that it was still with the church in 2003, when the last revision came out. The Phillimore Atlas and Index of Parish Registers, can be found in most municipal libraries or can be bought from all good bookshops and at Amazon.co.uk

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Another Good Reason for Joining the Society of Genealogists

I got an email today as I’m a member of the Society of Genealogists. It gave me the good news about some of the new records that have recently been added to SoG Data Online and which can be accessed free of charge from home by members of the Society.

The first is: “The Apprentices of Great Britain records” which list apprentices from all over the country between 1710 and 1773, and even some from 1773-1811.

If you have London ancestry back in the 17th and 18th centuries then the next data set that is available via this site and could be of great use top you is the “Boyds London Inhabitants”.

Thirdly the “Teachers Registration Council registers” will be of use to those with teachers in their family tree. Although the latter commence in 1914, they include teachers who started their careers from 1870-1948. Over 100,000 people are listed, more than half of them being women.

Next is “The Trinity House Calendars” which gives details of a number of merchant seamen and their families. The petitions for assistance from the wives/widows of seamen who have either been injured or have died are full of biographical detail.

There are now nearly 10 million records on SoG Data Online. To access them you need to be a member of the Society of Genealogists and then you can login via the MySoG link.

www.sog.org.uk

Society of Genealogists.

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Tip: Ancestor’s Place of Birth May Not Be Where They Lived!

In our family tree research we can sometimes become a little blinkered. We find some important vital clue, such as a place of birth for our ancestor, and then assume that this will also be the location that our ancestor was baptised and grew up in.

In an ideal world, of course, the place of birth furnished by our ancestor, in the decennial census or some family document passed down to us, may also be the place in which they were christened in. Just consider for a moment, however, that your ancestor moved about the country. It may have only been a few miles, but even this could be enough to put you off track in finding them in the parish registers for the town in which they reported as their birth place.

Perhaps they were itinerant labourers following work. Consider those that sailed on small boats down the rivers, or those canal workers who moved before getting the child baptised.

Some children, like those in one branch of my family tree, were all baptised on the same day in the same church in a sort of “job lot”. Now what would happen, for any family historian looking for baptisms in the places of birth of the children, if the family had been on the move between child number one’s birth and child number five’s?

In the above example I am imagining that child 1 was born in Gloucester, other children in Bristol, while the last was born in Plymouth. I start my research, from a census record that says that my ancestor was born in Gloucester, but can’t find his/hers baptism or any other records in the Parishes in and around Gloucester as the child was baptised in Plymouth some years later where my seafaring ancestors finally put down roots.

So you can now see that if you have been furnished with a place of birth of your forebear from the census, or another document, that gives your ancestor’s place of birth as town A and you begin to search the Parish registers for this town for their baptism, then you have to consider that they may actually be in the registers somewhere else.

Also, to bear in mind is that the child’s mother may have gone back to her folks to give birth to her child before returning to her husband and her home and then having the child baptised there. What if they were not followers of the Church of England? This is something else to consider.

The tip I am pointing out here is that you must keep an open mind when doing family history otherwise a simple problem may become a brick wall.

 

http://www.noseygenealogist.com/familyhistorian/index.htmlIf you are looking for something on finding ancestors before civil registration came in for England and Wales then what about my Audio CD on:

“Getting Back Before 1837 in England & Wales”?

Help Me Get Back Before 1837 in England & Wales

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Wills & Administrations in English Family History

Wills can be of great use to any family historian for a number of reasons. They can furnish you with names of relatives, give you a description of the property that your ancestor owned at the time of their death and even reveal their favourite charity. Or though in my case I suspected that the charity that my aunt chose to leave the residue of her estate to was really her solicitor’s favoured charity and his suggestion!

Wills are one of the few documents written by your ancestor. For this reason they may give you an insight into their attitudes, social standing and their lifestyle. Perhaps, if you are lucky they can also explain family feuds and even expose scandals.

If, however, you discover that one of your ancestors seems to have been cut out of the will, you should always consider that this may not necessarily mean that they were disinherited. You should be open to considering that other arrangements had already been made for them in the lifetime of the deceased.

Quite a few family history researchers assume it is not worth checking if their ancestors left a will because they think their ancestor’s background precluded them from doing so. It is, however, wrong to believe that only a minority of people from the top of society left wills. Yes, it may be true that most people who left wills had some property of some kind or another. But wills can be found for people from amongst the very widest range of backgrounds.

Whilst it is perhaps true that only a small percentage of the population left a last will and testament, you should remember that for every person who did so means that there will be at least one other person mentioned in the document and this at least doubles your chance of finding a connection to your family tree, even if they are a distant relative.

It is possible, but not all that common, to find a will belonging to your family that pre-dates the parish registers, or even better where parish registers and the other primary sources have been destroyed or gone missing over the years.

You should know that before 1858 wills were generally proved in the church courts. In order to find a will in this time period will need you to have some understanding of the church hierarchy and how this bears relationship to the place or area that you are researching within.

So, what is a will?

It is a formal document stating exactly what a person desires should happen to their possessions after they have passed on. The person making a will is referred to as the Testator and they make a Last Will and Testament. This is actually a joint deed, the Will and the Testament.

Last Will and Testaments became the legal means of passing on one’s property in England in the year
1540. This was because it was only from that date that ‘Freehold’ land could be gifted or “devised” through a will. Before this date a “testament” was legally only concerned with what the law knows as “personality”. this is a term referring to personal property, that is a person’s moveable goods and chattels.

Why wasn’t it possible to pass on land? The answer lies with the fact that interests in “real property”, or the land and buildings your ancestors owned, would descend automatically to the deceased immediate heir. The church law, however, stated that at least one-third of a man’s property should pass directly to his widow as her dower and then one-third to all his children.

In theory these rules could not be broken, however property owners found ways that they could get around them. As an example, whilst “Copyhold land” – land held from the Lord of the manor – could not be left in a will before 1815, it could still be given up or “surrendered” to be used in a will. This effectively meant that it could be left to whomever a person wanted! Other methods of circumnavigating the rule was to transfer one’s property to trustees who would hold it during the owner’s lifetime as per that person’s instructions.

If you are lucky and find your ancestor has left a will you will see just how useful it is to the family historian.

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Irish Family History Research Just Got Easier!

Ireland-Genealogy on the webIt’s a well known fact, in family tree research, that Irish family history is more difficult to do, than that of Ireland’s near neighbours, because of a lack of information and the deficiency of census records pre 1901. But this week I couldn’t help but notice several press releases about how three different websites were going to be able to ease that problem for family historians.

Back in March I spotted that Ancestry (www.ancestry.co.uk) had, for St Patrick’s day, updated its Irish Collection. This Ancestry said at the time was “the definitive online collection of 19th century historical Irish records.” It would, they said, make it easier for the nearly one in five Brits of Irish descent to explore their heritage.

In total, there are now more than 35 million historical Irish records on Ancestry.co.uk, including two million comprehensive new and upgraded records from the critical periods prior to and following the Irish Potato Famine (1845-1852), the single most significant event to drive 19th century global Irish Diaspora.

Next, I came across the news about a smaller enterprise called Ireland Genealogy (http://www.ireland-genealogy.com), this being a fascinating new web site for anyone doing Irish family tree investigation. It has its own database of Irish Pension Record applications, that enables you to lookup information extracted from the missing Irish Census and claims that this will help a researcher save both cash and time.

Their research workers have spent twenty years copying all these written pension applications (green coloured forms) and so giving us access to critical data from the 1841 and 1851 census records for all of Ireland. These pension public records are kept in the Public Records Office of Northern Ireland (in Belfast) and The National Archives, where they are available on microfilm, but this means that they could be quite tricky to understand as they are in no specific order. What is more, the records data held by P.R.O.N.I. are not indexed, adding to the difficulty of doing your research.

Ireland Genealogy claims that their database, of those pension applications, enables you to now look up this information with ease.

The third Press Release, that caught my eye, was from Brightsolid about the launch of their new website www.findmypast.ie on to the web. With online access, from the start, to over 4 million Irish records dating from 1400 to 1920s and the promise of over 50 million records to be available in the first year to eighteen months, this is a welcome addition to the findmypast family.

There are approximately 80 million people worldwide, who claim to have Irish ancestry, with just over half of this number (41 million) being Americans, the limited resources previously availble to them, to connect with their past, may at last be being redressed.

Findmypast.ie claims that they will carry “…the most comprehensive set of Irish records ever seen in one place, going back to 1400 right up until the 1920s, including the Landed Estates Court Records, the complete Griffith’s Valuation of Ireland and the Directories collection.” They will be offering high quality images of records on this site.

With the addition of these three resources, online, it would seem that Irish family research just got a bit easier.

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Surname Research in British Family Trees

I’ve heard tell that there are over 25,000 different surnames in use in the British Isles today!

When you consider that, until the medieval times, most people would not have had a hereditary last name, this does seem quite a variety. And yet, in family history research, there is the perennial problem of how to research a common surname, indicating that for some of us there would perhaps be a preference for even more examples of surnames to have been added to the total.

If we were to go back to the time before the 11th century, then most of the population of these isles were known by a personal name, or nickname and would not have possessed a surname. The church would have baptised them with Christian names, usually those of a saint, as this was of more concern to the ecclesiastic authorities.

It would have been as a result of the arrival of written documents, in the 11th and 12th centuries, that the need for people to be identified more precisely would have led to the gradual adoption of surnames. The problem associated with the use of nicknames was that they were not fixed. A person could be known by several during the course of their lives and so this was not conducive to the operation of a bureaucracy.

Most surnames fall into one of six types.

There are the Place names derived from towns, areas or perhaps a farm. So we assume that the ex-Formula 1 racing driver, Derek Warwick’s name comes from the town in the Midlands.

The second type is taken from a physical feature. So we have such names as Hall, Westlake, Thorn and my parent’s next door neighbours the Underwoods.

Thirdly there are the surnames that owe their origins to a nickname, or physical characteristic. The likes of Large, Long, Short etc. fall into this category.

Johnson and Richardson are example of the fourth type; those that are from family relationships. Mostly these are from “son of…” but I have to say until I started doing a little research I was unaware that there are some derived from the maternal line, thus the son of Matilda is Tillotson.

A fifth type to consider is that of an ancestor’s occupation. so we have Cooper, Smith, Archer and Baker, to name but a few.

Lastly there are the surnames that are derived from forenames. Alan, Stephens

But this is not all, because there are the surnames that have entered common use in this country that are from elsewhere. So in England you have Scottish, Irish, French Huguenot and Jewish surnames all established and quite common. What is more, surnames may have had several different origins and may have evolved over time, so making the precise definition very difficult.

Surnames may be important to our family history research, but it should be remembered that they are an imprecise science. While many of them may be quite local and remain so even to this day, the chances are that your ancestors moved from their place of origin and so making it more difficult for you to tie them down. It is, therefore, very unlikely that a surname will be able to pinpoint a family’s origin, except in the case of a rare name which owes its existence to a particular location, where the name itself is very common.

Names changed over the years for a variety of reasons, some because the holder was illiterate and it was interpreted to be spelt in one way or another by the vicar, some changed because the holder decided to change it. I am fascinated why my surname, Thorne spelt with an “e” only goes back to my 2 times great-grandfather who in the 1861 census is without the “e” and yet in the 1871 census is with!

So while we all have surnames today, it is by no means certain that yours has not changed through time.

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Researching family in Jersey, part 9: photos, newspapers and books

To wrap up the series, there’s a miscellany of other potential avenues that are worth exploring.

First of all, there are photographs. If you have family photos you will almost certainly have cursed the elderly relatives who put them in an album and then never got round to labelling who, what and where they were. But… there are some useful tricks to use.

First of all, scan the photograph at the highest resolution you can. If you can be sure the photo was taken and developed in Jersey, you may be able to identify the firm who developed it. A gentleman by the name of Richard Hemery has put years of work into this, and for some of the better known photographers his efforts will allow you to pin the photograph’s date down quite well.

Halkett Place, St Helier, JerseyThis particular photo is a neat example. Richard’s work tells us there were only two firms who put reference numbers on the front of prints, both operating in the 1930s. But there’s more: a high-res scan picks up the name Le Riche over the shop awning behind and left of the lady, and also makes the colonnade on the right clearer. That pins the location down to Halkett Place by the Central Market, and the date has to be after 1932, when Le Riche’s (a long-established island grocer) opened their shop there.

 

“Ah,” you say, “but I don’t have that depth of local knowledge”. But other people do. The Société Jersiaise run an online photographic archive: two of their members are currently going through the massive task of cataloguing every Jersey picture postcard in existence. Talk to them: they could have the information to fill in some gaps. Or use the libraries (see below)

In addition, there’s what the newspapers may have said. The first newspaper on Jersey was published in the late 18th Century, and there have been a number of different publications since, right down to the Jersey Evening Post (usually referred to just as the JEP) of today. The JEP has always been a very parochial paper in the better sense of the word: it reports everything and anything that goes on. If your relative was a prominent member of a local church or a schoolmaster or a farmer, it’s quite possible that they’d get a respectable tribute from the JEP when they passed away.

The central Library in Halkett Place has a very comprehensive collection of microfilmed newspapers – they’re up on the first floor. You need to book a reader – it is worth doing this in advance, particularly if you want the one that will print to paper. E-mail je.library@gov.je and they will sort things out.

While we are talking about libraries, there are collections of reference books at the Coutanche Library (the NoseyGenealogist will be releasing a film guide to what they have shortly) and smaller collections at both the Archive and the Central Library to supplement your knowledge of Jersey’s history and culture.

This is of necessity a scratch at the surface of family history research. I hope you’ve found it helpful. Happy hunting, and – À bétôt!

 

Guest blog by James McLaren from the Channel Islands Family History Society

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