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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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Manorial Documents in English Family History Research

Ancestral Trails-The Complete Guide to British Genealogy and Family HistoryI’ve been dipping back into Mark Herber’s book “Ancestral Trails” published by The History Press 2005, looking at the subject of researching back before Parish records started in the mid-16th century. He warns his readers to expect difficulties tracing their ancestors in that time. It seems that before then, you are only likely to come across sporadic references to your ancestors – or perhaps more properly people who could be your ancestors – in wills, tax records or court documents. Herber writes that “… you are unlikely to be able to trace a line of descent in this period (and in particular find documents that evidence that one man was related to another) unless you find your ancestors in property records.”

Now property records can be found for people from various classes, those who were substantial land owners and also yeoman, tenant farmers and labourers. This is why it is said that English manorial documents are perhaps one of the few types of records in which genealogical information about the common man, as opposed to those from the upper classes, is likely to survive from medieval times.

So what was the manorial system?

In the England of the Middle Ages, land was held from the English monarch by a lord and on his land the peasants worked and received his protection in return. Anglo-Saxon society was, as in most of the other European countries, rigidly hierarchical. Social status depended on birth and family relationships. Power was gained through the ownership of land, as this was the principal source of wealth at this time.

After the Norman conquest of England all the land of England was deemed to be owned by the monarch. The king would then grant use of it by means of a transaction known as “enfeoffment”, where land grants or “fiefs” were awarded to the earls, barons, bishops and others, in return for them providing him with some type of service.

There were two sorts of tenure, according to the type of service rendered by the tenant to the lord, free and unfree. Free tenure can then be broken down into different forms again. A tenure in chivalry, for example “tenure of knight service”, would be where the tenant was charged to provide his lord with a number of armed horsemen. Mark Heber in Ancestral Trails points out that this type of tenure was soon commuted to a money payment (or “scutage”). He also explains that among the types of “free tenure” was to be found “spiritual tenure” where divine services, or “frankelmoign” by which a clergyman, holding land from the lord of the manor, would pay his due in prayers said for the lord and his family.”Socage tenures” existed where the tenant provided his lord with agricultural services such as ploughing the lord’s retained land for 20 days a year.

“Villein tenure” or unfree tenure applied to those men known as villeins, serfs or bondmen. This class of tenant was not free to leave the manor without obtaining the permission of the lord. They would be subject to many obligations, some of which were onerous and these individuals held their land in exchange for providing the lord a number of days work in return. This could be, for example, four days work a week -  but the nature of the work could vary depending on what was required.

Manorial Documents are fascinating for family historians, as are will documents that were not the exclusive preserve of the rich. I shall explore this area again in other posts.

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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 8: Military Records

Being rather close to the continent as it is, Jersey has had more than its fair share of unwelcome visitors. The French invaded in 1781 and the brave Major Pierson beat them back but died before the end of the battle: the artist John Singleton Copley painted the scene (some years after the event) and the resulting picture is one of Jersey’s iconic images.

 

The years that followed this were uncertain ones, and the uncertainty became worse after the French Revolution. There was a real concern that the French would try again. But at the start of the 1800s, General George Don was appointed as Jersey’s Governor-General.

 

General Don put in place a massive programme of fortification works and new roads, and alongside that he carried out two censuses in 1806 and 1815 to track where the able bodied fighting men were. In addition to this, the censuses recorded the sizes of the households and the number of women, girls and under-aged boys.

 

Transcripts of both censuses are kept at the Archive. They were originally transcribed in the original format, names by parish and vingtaine, but there is also a single combined list of names for the 1815 Census. It gives an indication of the position of the listed man of the household and whether he was an ordinary soldier, or a drummer, or providing a horse.

 

Alongside the local militia forces, the British army maintained a significant garrison in Jersey right up to the Second World War. Its main sites were at Elizabeth Castle and Fort Regent, and regiments rotated in and out regularly. The Army doesn’t maintain a single definitive list of which regiments served when in the Jersey garrison, but there are partial lists compiled by CIFHS members in the Archive. There are also a small number of baptism, marriage and burial records which were kept specifically by the garrison rather than the parish of St Helier – and these may be worth a look.

 

Nearly at the end. The next post looks at what you can get from books, newspapers and photographs – until then,  à bientôt!

 

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

 

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More Data Released by TheGenealogist.co.uk

I like to keep you informed about new releases in the British Isles family history niche and so today I was looking to see what was new at TheGenealogist.co.uk.

Of interest to me was the fact that they have added over 3,000 individuals to their Parish Transcripts for Devon, expanding their coverage and bringing the total to over 66,000 individuals. The date ranges are different for baptisms, marriages and burials and are:

Baptisms: 1594 – 1944
Marriages: 1538 – 2009
Burials: 1593 – 2009

For those of you researching other parts of the UK, I also noticed that they have recently released hundreds of thousands of other parish record transcripts, for several counties of England, which has got to be good for those of us trying to get back before 1837 in England & Wales.

While for family historians, who are looking to do some research in the opposite direction and trying to find ancestors later than the 1901 census, TheGenealogist.co.uk has now launched the first county of the 1911 Census on their site. They say that their colour images are of a higher quality and higher resolution than those that have been available online before, so this could be interesting when looking at the handwriting of our actual ancestors.

In a recent news update, that I had from them, I see that they are now also making available pre-1841 census records and various Scottish Census records for 1851. The pre-1841 census in question is for Marylebone in London for both 1821 & 1831. The details only include the surname of the head of household and street name, unlike the later census. None the less, this could be of great help to some researchers trying to find their ancestors. To search these new records, simply go to TheGenealogist.co.uk, log in and select the London census from the research view and then change the year to 1821 or 1831. (Disclosure: I am a Compensated Affiliate of The Genealogist.co.uk)

Yet another data set, announced by the site, is the release of the Australian transportation records. These records take the form of transcripts, but with access to images of The Convict Transportation Registers 1787-1867. Covering details of over 123,000 of the estimated 160,000 convicts who were transported to Australia during the 18th and 19th centuries, the records mainly include those convicted in England, Wales and Scotland, but also include a small number of Irish convicts.

The database also includes soldiers who had been court-martialed and sentenced to transportation. These ‘soldier convicts’ may have been convicted in various British colonies, including the West Indies, Canada, India, and Pakistan. You’ll find these records in the British & International section of The Genealogist.co.uk’s research view.

The Genealogist - UK census, BMDs and more online

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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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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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Finding Your Family Roots Using Genealogy Search Engines

Genealogy search engines are an incredible beginning point when trying to trace you family members line and discover who your ancestors were, what they did in the course of their lives and no matter whether they had produced any essential contributions to the world in any way.

Some genealogy search engines link you to internet sites which have large databases of info about folks from as far back as you are able to imagine, whilst other people make use of their own databases to help you discover the family line you’re trying to find. No matter which one you pick, it is possible to be sure that genealogy search engines can offer you an amazingly large push in the correct direction, even if they do not offer you the right outcomes appropriate off the bat. The key would be to keep in mind that you will find billions of records inside the databases you might be searching, and there may very well be hundreds of thousands of records which match you search criteria. This is why several of the genealogy search engines available let you to enter some information that refines the search even further to offer you precisely the results you are looking for.

1 of the great issues about making use of genealogy search engines is that they usually do not merely supply you having a list of sources. They are able to also lead you to other people that may possibly be looking for the exact same individual, or the identical family line that you simply are looking for. You might then locate that these folks have already observed some resources which you have been struggling to come across, while you are able to present them with data and resources that they have not yet come across. In this way, genealogy search engines provide you with genealogy resources which are proper to your search criteria, also as a network of similar people or people seeking comparable things…you might even be connected to lost cousins and household members along the way.

Whatever the reason is for your search, be certain to use genealogy search engines to create tracing your heritage that a lot less difficult.

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Very Helpful Details On How To Access Death Records

Many people often wonder about their family genealogies or about what may have happened to certain people who they were once close to. However, they rarely do anything to find out that information. In some cases, public death records may hold the answers that people are looking for and this article can tell you all about them.

Gaining access to someone’s death certificate may provide you with the information that is required for making a family tree. Additionally, these records can provide you with information that can help you understand what happened to someone who you were close to.

Today, these records can hold a wealth of information about the person who has passed on. You can find out what their recorded cause of death was, who they were married to, and when they were married. You can also find out if they had any children, who the next of kin is, and what they did for a living.

It is possible to get these records by contacting the appropriate state department. However, getting an answer can take a long time and they may only have access to their records, rather than the records for the whole country. It may be better to use an online service instead.

Prior to using a Web service, you should research it to find out how accurate their results are. Unfortunately, all services have not been created equally, so it is important to not spend any money until you’re sure that you’ll be getting the information you require.

To find out which online USA death records service is best for you, you should look for online reviews and specifically search for complaints or class actions that were filed against the company. If you find that a Web service has tons of complaints, you should avoid it.

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