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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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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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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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Tracing Ancestors With a Common Surname

Online-Old-Parish-RecordsThe problem of tracing an ancestor, with a common surname, is one of those brick walls that many of us come up against in our family tree research. When it occurs after the introduction of state run vital indexes, in 1837 for England & Wales and eighteen years later, in 1855, when Scotland adopted the idea, it can be difficult to find the exact person that is our forebear, but at least we have a central index to search. The Crown Dependencies followed suit at different times again, so you will see civil registration introduced into Guernsey in 1840, Jersey in 1842, Alderney in 1850 and Sark in 1915. The Isle of Man beginning compulsory civil registration of births and deaths in 1878 and then marriages in 1884.

But what about searching for a Smith or Jones in the years pre-civil indexes? If you are expecting an easy answer I’m afraid I am going to disappoint, as common surnames do present us family historians with great difficulties to overcome. Having said that, however, all may not be lost.

If the ancestor in question has an unusual first, or middle name, then this may help you enormously to single your likely candidate out from the others. In my own research it was not the actual man I was trying to track down who had the unusual middle name, but his son. I had already made the connection to John Branton Thorn via the prime sources and knew him to be my ancestor. I was now on the trail of five or six John and Sarahs who were candidates for his parents, according to his baptismal details. So which of the various John Thorns who married a woman whose first name was Sarah in various parts of Devon jumped out as a strong possibility? It was the one where the bride’s surname was Branton.

The advice I have been given is to try to tie the person with the common name to one with a less than common one. It could be their wife, a brother or sister and so on and perhaps it is an unusual first name, middle name, or maiden name you can use.

If you are not able to find your ancestor for certain in the church registers, then always remember that the Bishop’s Transcripts may possibly harbour more information than the register did. It is not a certainty that it will, but it is worth a look.

Try using Wills and Admons to see if you can find the possible parents (or a brother, sister or other relation) naming your ancestor as a beneficiary.

Another point to be aware of is that even with a less common surname there can be many problems to overcome in family history research. As spelling of surnames varied so much, until the mid 19th century or later when they became more fixed, and with many of our ancestors not being literate, the clergy often recorded the name as they thought they heard it and so a regional accent is probably responsible for one line of my ancestors being recorded as Sysal, Sissell, Sissill and Sizzall in the church records from 1780 to 1798.

If the person you are researching was born in the years just before civil registration began, but was likely to have died after the death registers began, how about looking for them in these records. You can also use the church burial records, if you know the parish they died in. What about trying the National Burial Index? If you just have a first name and a common surname I grant you that this is not going to be much help to you but if you know the place that they lived then you may be able to narrow down you likely forebears.

On the subject of places, some names can be very common in one area, for example Thorn/Thorne in Devon, but a common name may not be so common in another place.

Advice that I have seen given on other blogs and forums say that you should:

  • Learn as much identifying information as you can about the ancestor you are researching.

So look for family bibles, they can list the names of children. Think about whether there are any other records for the district where your ancestor lived that they may have been recorded within? Taxes, land records, muster rolls, etc.

  • Make a chronology of the ancestor’s life if you can; where did they live for the various events in their lives? Can you identify the street, the town or hamlet for the significant moments in their time-line? If you can then you have a framework to work with.

Common surnames are certainly a problem for family history researchers trying to populate their family tree and sometimes there will be no easy answer. Persevere, however, as more and more records become available there is always a chance that your ancestor may be within one of them.

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Release of the 1911 Scottish Census

Census on Computer ScreenScotlandsPeople website has announced that the 1911 census will be available by 11:00 BST on Tuesday 5 April. Images of the enumeration books will be in full colour and for the first time the enumeration includes the particulars of the marriage, the number of children born from the marriage, the industry or service connected to the occupation and the nationality of the person enumerated.

This will mean that we will be able to search all of the United Kingdom for ancestors in the 1911 census records, as Scotland joins those from England & Wales, the Channel Isles and the Isle of Man for the first time.

ScotlandsPeople are also planning to make some scanned historic documents available at their website: www.ScotlandsPeople.gov.uk, for example PDF’s of the street index books for the main towns and cities of Scotland, which will show whether a street existed in 1911.

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Family Tree Research When Ancestors Have Common Names

Are you having trouble finding birth records for family members who have very common names? Have you tried to figure out which ones belong to you and which don’t using the census data but just can’t be sure you have the right people?

Often, when you can’t find records for a person, it can pay to take a step
back and sort of zoom out from concentrating on the one we can’t find.

By this I am suggesting that you take a look at that person’s siblings, if they
have any of course, and identify where theses other children of the parents of your difficult forebear were born. Once you have done this, you may be able to then trace the parents back.

It is worth looking at the census records for the streets around where your ancestor lived as sometimes families occupied houses quite near to each other. Sometimes they can even be living in the same road. Maybe clues can be had from investigating these parallel lines to your direct branch in the family tree.

It could be that you will need to go and search the Parish Registers in the County Record Office, for where your ancestor came from, to see if there are any leads to be had by looking at the microfilmed copies of the parish church records.

I have found that many of my ancestors were simply called John Thorn, which is pretty common in Devon!

I was in luck getting back one generation because my 3 x great-grandfather at least had a middle name of Branton. On doing some delving I found out that this was in fact his mother’s maiden name so I could find his parent’s marriage.

But John Branton Thorn’s father was simply called John Thorn (with no middle name) and he married Sarah Branton in a city centre church in Plymouth. The records that I have seen of the Parish register do not say that he was “of that parish” and indeed omit to say from which parish he was from at all!

I have had to put him on the back burner and concentrate on other lines in my tree, until I can find the time to go to Plymouth and check the primary source of-line records in the Record Office, such as the Bishop’s Transcripts etc.

Good luck in your research into ancestors with common names.

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Find Your Ancestors and Build Your Family Tree The Right Way

Here is a great article for family history buffs that I came across. It teaches new researcher just how to put the Family tree together in the right way. For the more experienced among us it may be a timely reminder!

Find Your Ancestors and Build Your Family Tree The Right Way

By Elizabeth Larsen

You get a little bug in your brain to find your ancestors, at least your grandparents and great grandparents. They might be easy to find right at home in the family Bible or in drawer that is set aside for important pictures and documents.

It is so exciting to find anything on your family and one find leads to another. You may leave home and search the clerk and recorder documents in the courthouse. There you may find marriage licenses and birth and death records. Stop right now and cite those sources.

Citing your sources means writing down the source that you used to find a certificate or document or even a phoned statement from your aunt about her sister. I know this is as exciting as watching snow melt. Get in the habit of documenting your sources right as soon as you start researching your ancestors.

As your adventure unwinds of finding your family, you will be amazed at the number of notes, sheets of paper, pictures, certificates and documents you will accumulate. If you don’t start right off writing down where you found all of those, you will end up with an awful mess.

Without documentation, your hard work will be useless. Some people think you just jump on the internet or visit the courthouse a few times and “voila” a family tree appears. You may spend hours, even years accumulating all the data necessary. If you haven’t written down the sources for all that data, your children, cousins, nieces or nephews, whoever is going to carry on that tree, will not know where to look for that information for their own satisfaction.

If your family has a common name, you may have recorded the wrong family. If you type that online or send it to a relative, that information will be replicated as truth. However, if you have a source for that data, your receiver will be able to check on the accuracy.

If you produce a quality genealogy, you will be able to go back to the original sources and find the facts. And, those facts should be proven. Many counties publish books about all the families in the county. If you use such material, you must cite the source and give credit to the folks who wrote the book.

Family tree software that is available for the computer will help you document your sources. I have to confess that I have now documented my sources in my online tree. I do know the sources, but have been too lazy to put them in. That would be a good New Year resolution.

I also have not kept track of all my research. That is dumb as it wastes valuable time as you look at the same web sites over and over. Or even make trips to the courthouse or wherever to look up the same people.

Quality genealogy and family trees are well worth the effort you put into them. They are priceless keepsakes for the family. Start off right and keep a research log and cite all your sources.

Elizabeth Larsen has researched her family tree for 35 years. For more information on beginning a good genealogy, good tips and good books to help you go to http://www.squidoo.com/basicgenealogy

Article Source: http://EzineArticles.com/?expert=Elizabeth_Larsen
http://EzineArticles.com/?Find-Your-Ancestors-and-Build-Your-Family-Tree-The-Right-Way&id=5543118

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Genealogy Know How – Searching Your Family Tree

Family tree research is an exciting and rewarding look into your ancestry .  Much of your genealogy research will come easy , and parts will be more difficult.   Along this journey you will begin to wonder if anything is accurate as you grow your genealogy know how.

Census and legal documents may have illegible or incorrect names, wrong dates or errors in location .  As a researcher, you will need to question the evidence to determine whether or not the proof is correct .

People study their family history for many different reasons.  Some wish to join organizations , which require a proven lineage.  Some do it for religious reasons.  Others for medical reasons, trying to trace medical issues through members of their family .  Perhaps the individual wishes to leave a legacy for their children. Most begin genealogy because they are fascinated with the study of their family as a whole .  For whatever reason it becomes a fascinating project.

There is a difference between a genealogy and a family history .   A genealogy is a collection of names, dates, and places .  A family history includes the personal family stories that add interest to the genealogy . 

The often heard question for those beginning genealogy is “How do I begin ?”  

Start with yourself – work from the known to the unknown , gathering proof each step of the way.  Be objective and be organized.

There are several tools to get you started on your path to genealogy know how.  These include pedigree charts, family group sheets,  and basic organizational techniques. You will learn search techniques and will become familiar with genealogy databases.

Sign up for a beginner’s genealogy research class to learn how to be productive with a genealogy project.  Gaining knowledge from one or more experts will show you where to start and how to reduce your research time.

Learn what books and relevant maps to have in your library . Locate local libraries, genealogical and historical libraries . 

Collect family records , legal documents, census records , oral history stories , pictures , jewlery, pins, medals, ribbons, birth announcements , memorial cards , obituaries, holiday reminders and artifacts , scrapbooks and momentos .

Become excited, awestruck and filled with wonder as you increase your genealogy  knowledgeand build your family tree.  

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