Tag: Henry

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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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Genealogist Anthony Adolph Talks About Family Tree Research and DNA

Genealogist Anthony Adolph
Genealogist Anthony Adolph

Now here is a very special interview for you from my trip to the Who Do You Think You Are? LIVE show at the end of February.

I was on my way to The Society of Genealogists stand, where I was volunteering on the second hand book stall as a way of giving something back to the SoG, when I spotted the well respected genealogist and author Anthony Adolph. He was taking questions from show-goers on the stand of the “Your Family Tree Magazine”, a publication for which he writes articles on surname research.

As a shareholder in an independent bookshop I am also aware of Anthony Adolph as an author of several books, including Full of Soup and Gold: The life of Henry Jermyn and many titles on family history.

He was gracious enough to give me a wonderful interview that began by reassuring me and my blog readers/ YouTube Channel viewers, that “we have all reached points in our family trees where we are stuck.”  He revealed that he has been tracing his own family tree for getting on for thirty years now.  “First of all as a complete and utter amateur, as a schoolboy, ” Mr Adolph said, “and then later on I became a professional.”

Giving some hope, to all those of us who find we are facing a brick wall, he charmingly admits that, just like everyone else, at the beginning of each of his family lines he is completely stuck.

The interview then goes on to touch on the four techniques for getting further back:

  1. Oral History
  2. Paper based
  3. Surnames
  4. DNA.

Anthony Adolph then reveals that he has become quite passionate about the latter and how DNA in genealogy enabled him to discover that the “cap” to his family tree was unusual. It seems that the Haplogroup, from which he descends from the genetic Adam and Eve, is G and so from Armenia, Georgia and Turkey. This is in contrast to the fact that most men in Europe are from group R.

Watch the full interview here.

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Tracing An English Family Tree Before 1837

When you are tracing your ancestors in the British Isles there is a rich seam of information on the internet until we get back to 1837. This is the year when civil registration began and the state took over the registration of its citizens vital records.

Online-Old-Parish-Records

Many newcomers to English and Welsh family history are amazed at how easy it is to go to one of several websites, pay a subscription (or buy some credits) and begin finding records of ancestors with relative ease. Lulled into a false sense of security, we begin to think that all the information that we will ever need to find, for our family tree research, is going to be accessible online. But soon you find that quite a small percentage of all the genealogical records, that there are, actually make it on to the net.

So what are the other records that family historian with English or Welsh ancestry need to go hunting for? How about wills; manorial records; the many types of occupational records; various military service records; or, if like me you had a merchant seaman in the family, then the merchant navy’s records? This is just a short list, there are more!

What About Research Before 1837.

Once you have been able to get back as far as you are able to do, using the census entries and Birth Marriages and Death records, you will now need to turn your attention to Parish records – these date back to 1538 and a time when Thomas Cromwell, Chief Minster to Henry VIII, ordered that every wedding, baptism and burial should be recorded. Historically, England and Wales was divided into about 11,000 parishes. Your research will need to be in the Parish Registers relating to the place where your ancestor lived, in order to find out as much information on your forebears line in that parish.

Where should you look for parish registers? The answer is that the original will normally have been microfilmed and stored in the local County Record office. True that there are a few parishes where the registers are still with the incumbent minster; but the majority are now in the safe keeping of the relevant record office. An alternative, to looking at images of the original record is, if you have access to the web to go and look at the websites that offer transcripts of Parish Register for you to search. Remember, however, that a good genealogist will always understand that a transcription is secondary data only. It is an indication of information for you to follow up and so you do need to then go and confirm the details by looking for the original source. The reason is that errors may possibly have been made by the person making the transcription and you don’t want to allow those errors to get into your own family tree, now do you?

While English and Welsh parish records stretch back as far as 1538, not all will have survived the ravages of fire and flood, so don’t expect to be able to sail back as far as this date! The earlier records were recorded on paper, but from 1558 onwards the more durable parchment (made from sheepskin) was used in preference. Even so, very few parish record survive before the 1600s.

From 1598, annual copies were made and sent to the local bishop. Called Bishops’ Transcripts (or Register Bills in East Anglia), these make a good substitute for lost original records, and occasionally contain information omitted from the registers themselves. These Bishop’s Transcripts will often be in a better condition and also more legible than the original parish register and they can be found in the county record offices. While the older records were, in theory, supposed to have had copies made, it is believed that some never managed to be copied and others have been lost over time.

Family tree researchers need to be aware that there can be gaps in Parish Registers between 1553 and 1558 when Henry VII’s daughter Mary Tudor, a Catholic, was on the throne. Also there is the so called “Commonwealth gap” between 1642 and 1660 in the English Civil War and under Oliver Cromwell’s protectorate.

There is so much to learn in this area that I’ll be posting a second article on tracing your English and Welsh family tree before 1837 shortly.

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Bankrupt Ancestors in Your Family Tree!

We all know that in today’s new economy people are getting themselves into debt. Worse still, for some, is the prospect of going bankrupt. It may seem that bankruptcy is a modern phenomena, well it isn’t. Getting into debt was also a common problem for our ancestors as well. As we all love a skeleton in the cupboard, just how can we find out if one of our family has had the problem to face back  in the Britain of the past? It would seem that we may be able to find out more online.

In my research into my family tree I remember chancing on some family notes that, on face value, seemed to identify one of my ancestors as having been a partner in a business enterprise that had failed. To start with I had had no inkling that my forebear, in question, had even been a merchant, so to learn that his enterprise had eventually hit the rocks was an interesting nugget of information in itself. As a bookseller, myself, and having read the Charles Dickins novel called Little Dorrit, which you will no doubt know is set in within a debtor’s prison, I wanted to find out if my own ancestor had faced being declared bankrupt.

In England, Bankruptcy goes all the way back to a statute of Henry VIII in 1542. The 1571 Bankruptcy Act brought about the idea that a bankrupt person would be able to settle their debts, by distributing what remaining assets they had, through independent commissioners. Up until 1705  the unfortunate debtor could never be discharged from bankruptcy and so the stigma would remain with them for ever!

Legally, Bankruptcy is a process in which a court official assumes charge of a qualifying debtor’s property so that a distribution can be made to the creditors of the debtor in a proportion to the sum that they are owed.

Only in the year 1869 was it that individuals who were not undertaking a business  of some sorts were able to become bankrupt. Before this date, ordinary people were known as being insolvent instead. These souls faced being sent to debtor’s prison and were not released until they had found a way to pay off their creditors. Bankruptcy, as such, applied strictly to people who were traders, that is those who bought and sold goods, or who worked some materials into things that they then sold.

District bankruptcy courts were first established outside of London from 1842. Then their jurisdiction passed on in 1869 to the County Courts. In the capital city the London Court of Bankruptcy was set up in 1869, before being absorbed into the High Court of Justice in 1883. Should you wish to find details of what’s available for you to search then I recommend taking a look at Access to Archives at http://www.nationalarchives.gov.uk/a2a/

Independent assessors, known as Commissioners, would determine if a debtor was eligible for bankruptcy or not. If they were satisfied that bankruptcy could take place, then they would publish a notice in the London Gazette declaring the debtor bankrupt. Also posted would be a list of potential creditors along with the dates set for meetings. The London Gazette’s archives are easily searched today on-line at www.london-gazette.co.uk. This is a fantastic resource  for any family historian hot on the trail of a bankruptcy. You are able to search the archives by date and name, then view a pdf image of the pages that your results have found. The London Gazette has been published since 1665 with a regular publication of bankruptcies stretching back to 1684 and also 1712 for insolvent debtors. Scottish notices can be found in the Edinburgh Gazette at : www.edinburgh-gazzette.co.uk

Family historians can locate case files for English bankruptcies at The National Archives in Kew, while Scottish sequestrations are to be found at The National Archives of Scotland. Unfortunately, for us, the majority of case files for England have not survived, but those that have are indexed on TNA’s online catalogue.

Other resources to consider are journals that published similar notices to the gazettes. These will include The Times; The Gentleman’s Magazine; Perry’s Bankrupt & Insolvent Gazette (1828-1861) and Perry’s Bankrupt Weekly Gazette (1862-1881). If you are looking for notices of bankruptcies in the County Court, then you will probably need to turn to local newspapers for the area in question. The British Library would be the place to look for these. Now we are also able to search contents of newspapers at http://newspapers.bl.uk/blcs.

Insolvent ancestors can be an interesting topic of research. Remember, however, that their hardship carried much more stigma than it does today. In modern times we can go into debt, declare ourselves bankrupt, or wipe out a huge chunk of our debt with the alternative Individual Voluntary Arrangement IVA. And yet none of us lives in the fear of being incarcerated in the debtor’s prison in the 21st century.

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My Family Tree is Powered by Others Descended From Common Ancestors

One of the great things about this Family Tree thing is being contacted by others who are descended from common ancestors.

Once I published my first website www.nicholasthorne.info I started to get hits from all over and some of them were ‘cousins’ many times removed who were independently researching our forebears.

From my Devon ancestors I exchanged photographs of Captain Henry Thomas Thorne and got to read a typescript of a newspaper article.

From my Scottish ones I have had emails that disputed some of the lines and others that were supportive of the research. But the most fun were the ones that, with a proviso that the further back we went that some error may have crept in, seem to show that we were descended from various European royals and back to Adam and Eve!

Recently I have had pedigrees and photographs of Castles in the Hay Clan all of which is thrilling for somone who lives modestly in a cottage by the sea!

To anyone who is just thinking about setting out on this journey I would echo what Mark Herber in his book ‘Ancestral Trails’ says, don’t be put off by the fact that you think your family may be modest, you just never know what you are going to find.

Mark Herber’s book is available from all good bookshops: http://www.jerseybookshop.co.uk/promotions.htm

Disclosure: Compensated Affiliate.

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