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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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Getting Back Before 1837 In An English or Welsh Family Tree

Online-Old-Parish-RecordsThere is a large amount of information for family history researchers, tracing their English or Welsh family tree, for the years as far back as 1837 on the web and then nothing! I know that many people, that are researching their Family tree for ancestors from the British Isles, find that they have this problem. As I wrote about, in a previous article on tracing and English family tree before 1837, it seems to become harder for us. 1837 is when civil registration started in England & Wales and the state took over from the established church the registering the citizen’s vital records.

You possibly have been amazed at the ease you had finding those later records of your forebears by using the usual subscription websites. For example the likes of ancestry, or TheGenealogist.co.uk for these dates. Then, however, when you come to trying to get back well before the census records and the government run Births, Deaths and Marriages data, you’ll no doubt have found that it is only a very small number of the total genealogical records, that there are, will have actually make it on to the internet.

So you need to go looking for the old Parish Records and they are usually to be found securely in the relevant County Record office. In a very few cases, however, the incumbent minister of the parish may still have kept hold of them at the parish church. A problem that you need to address from the outset is how do you decide which parish your ancestors would have fallen into? This leads me on to the value of getting hold of Parish maps for the counties that your ancestors lived in. The maps will be of use in not only showing the boundaries of each parish, but also in giving you those of the adjacent parishes as well. Think how useful this may be for tracking those ancestors who tended to move about somewhat!

Gaps can occur in the parish registers because of changes in political regime. One such important example is the English Civil War. Think also about how the politics of raising a tax can be a reason for missing parish records. An example of this was that in 1783 a stamp duty of 3 pence on every entry in the parish registers was imposed by the government of the day on its citizens – although an exemption was if a person was a pauper. As with all taxes people seek ways to evade them and so you won’t be surprised that your ancestors did this as well. What is more they did it with the collusion of many church ministers! You will discover that there is a decline in the number of middle and working class entries of baptisms, marriages and burials at this time. On the other hand there is a corresponding increase in the number of pauper’s entries! The Act, itself, was repealed in 1794 as it had been found to be largely unsuccessful in its aim.

Another Act of Parliament (Rose’s Act) in 1812, required baptisms, marriages and burials to be entered in separate and specially printed books. These books provided for only eight entries per page and required more information to be gathered on the individuals than had been the common practice.

Baptismal entries now had to include the occupation of the child’s Father and the Mother’s maiden name. Marriages, from now on, included the parish of origin of both parties to the wedding, also recorded were their names, if they were a bachelor, spinster, widow, etc., their ages, the parties signatures or marks, and also the marks or signatures of two witnesses.

Entries for burials now included the age, occupation and abode of the departed and between 1678 and 1814 an affidavit had to be sworn that the deceased was buried in wool to help the economy or a fine of £5 was payable.

When looking for marriages you should be aware that they can be solemnised in the Church either by banns, or by licence. Family historians, searching for ancestors will find that banns are recorded in the parish register. The reading of banns is the process where the couple’s intention to marry would be read out on three occasions in the parish churches of both parties and it is this which is recorded for us to find. So if you know the place where the bride-groom lived just prior to his marriage, this record will also give you the information as to the parish of his bride. Normally the wedding is likely to take place a few weeks later and so this gives you a time period to search. Marriage Licences themselves will probably not have survived the years as they were sometimes handed to the couple intending to marry. But fear not, because a search can be made for the marriage licence’s bond, or allegation. This is a document that can give up some useful information for family historians as names of those who stood surety, along with the names of the bride and groom, place of marriage and in some cases the occupations of the sureties and groom are recorded.

These are just some of the documents that you can use to help you get your family tree back beyond 1837 in England & Wales. I have released a useful Audio CD on the subject called Getting Back Before 1837 in England & Wales, have a look at the page on my main website http://www.NoseyGenealogist.com

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England and Wales Wills on-line

Ancestry.co.uk on a computer screen
Ancestry.co.uk -         (Disclosure: Image is a Compensated affiliate link)

Ancestry.co.uk has launched online the England and Wales National Probate Calendar, 1861-1941 – an index to more than six million wills proven across the 19th and 20th centuries.

Ancestry has said that the combined value of the 6,079,000 estates in the index reveals a fortune that today would be worth more than £20 billion! On the flip side, however, the average value of our ancestors’ estates is a rather modest £3,400.

Now not all of us will be able to find our ancestors in this collection, but if you are lucky enough to do then they can be wonderful resource for family historians. The value of the index is that each entry may also include the name of the departed, the date and place of your forebear’s death, the name of the executer and also, in a few instances, bequest recipients.

So what is Probate? This is the term given to the court’s authority to administer a deceased person’s estate and including the granting representation to a person or persons to administer that estate.

It was in 1857 that the Court of Probate Act came in to force and with it the power to administer estates were transfer from the Church of England to the state. It is the probate calendar books, in which are summarised and collated annually the grants, that are now to be found on Ancestry.co.uk.

Ancestry.co.uk International Content Director Dan Jones comments: “The probate calendar books provide countless new leads for family historians to explore as they move beyond being about family members to long-gone fortunes, mysterious beneficiaries and valuable objects – all with connections back to our ancestors just waiting to be explored.

“Anyone able to find an ancestor in the probate calendar books will be able to find out a great deal about how their ancestor lived, what they bequeathed and to whom – meaning we will be able to find out so much more about what their lives would have been like.”

All wills and administrations were proved in England and Wales however the places of death vary enormously and include more than 107,000 people who died in Scotland, around 20,000 in France and 18,000 in the USA.

To take a look go to Ancestry.co.uk (Disclosure: This is a compensated affiliate link)

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Nonconformist buried in my family tree.

As you may know, if you have been following me for any length of time, that Devon is one of the areas of the U.K. that I research my ancestors in. Some of my Devonian forebears turned away from the established Church of England and became dissenters. There seems to be a rather limited number of nonconformist chapel burial records actually surviving within the county of Devon and so this can be a bit of a brick wall for us. Many family historians may well have found that in their own family trees, ancestors left the Church of England to practice their faith in other Christian churches.

By the law of the land, people of each and every denomination could be laid to rest inside their parish churchyard. Although this was the case, however, the relatives of people who were nonconformists were not allowed to have a Church of England burial service at the graveside. This would be fine if all the deceased’s family were no longer C of E, but I would guess it could be upsetting for family members who had not joined their relation in nonconformity and so would have wanted a service conducted by the local vicar!

I was intrigued to find out that people who held offices within the “establishment” were affected by another piece of legislation. I am talking here about Councillors as well as some other municipal officials. These worthy people were not allowed to put on their robes of office to attend the funeral of a non conformist councillor and this would have included the wearing of a mayoral chain etc. Should they rashly have broken this rule then they were liable to a fine of £100 and in addition they would likely end up being barred from civic office throughout the rest of their lives!

Many nonconformists, however, did not wish to be interred within land held by the Church of England. Quakers, most especially, established their own unique burial grounds. In these, the family historian will discover, plots defined by somewhat plain, uncomplicated stones that usually feature only the initials belonging to the departed.

A number of chapels established their own burial grounds, this included the Independents, Methodists as well as the Baptists. Furthermore, if you go researching your nonconformist ancestors in several country places in England, you will find that burial grounds were opened for all those involved with the various nonconformist denominations and would not specifically be confined to only one or other of the particular religious faith traditions. Around 1880 a welcome change, in the laws of England & Wales, granted the possibility for the family of a person, being laid to rest within a Church of England parish graveyard, to opt for a minister from their own religious beliefs to be able to preside over the burial service. This began the downfall in making use of separate nonconformist burial grounds as they were often less popular because of the fact that, in some cases, they were several miles from the particular village or district from where the deceased’s family resided. In 1853 and following on from the considerable overcrowding of church graveyards and burial grounds, due in some measure to the number of cholera fatalities and so forth, Parliament handed down a further law closing a large number of these areas to fresh internments. The result of the law saw many towns as well as bigger parishes setting up cemeteries, to look after the continued burial of the deceased.

To find earlier burial grounds nowadays isn’t always that simple a task. In an ideal world you would be able to find someone who possesses the required local knowledge of their location and is also willing to assist you in your research. I’ve had the happy experience of this while I was researching my family in Cheltenham, England. The local history society, as well as an amateur historian from one of the bigger churches, were luckily able to help lead me in the right direction to find my ancestor, for which I was very grateful. The basic scarcity of registers, nevertheless, will most likely make it tough if you want to research for names.

A further point, that you may need to take into consideration when researching your forebears, is that if the deceased was very poor and given a “paupers” grave, then the name of the unfortunate will not have been marked down in the burial records except for a numbered peg entered to locate the grave.

Lastly, I’d like to pass on this story that I have found reported in various places about a Church of England husband and a nonconformist wife wishing to be buried together. It is mentioned, for example, on the Bristol Times website thisisbristol.co.uk that in Arnos Vale Cemetery there is an elaborate monument raised for merchant Thomas Gadd Matthews (C of E) and his wife Mary (Congregationalist), which famously straddles both Anglican and nonconformist sections. The story seems to be that Matthews purchased a large grave plot strategically placed so that the two, while wishing to be true to their respective faiths, could be buried in a family plot that sits on the boundary line between the C of E and nonconformist parts of the cemetery. A rather lovely tale!

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