Tag: Legal

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Who Do You Think You Are? Sir Derek Jacobi – Wills and more

 

Derek Jacobi from TheGenealogist

I watched the Sir Derek Jacobi episode of Who Do You think You Are? with great interest this week. The television researchers showed us that although the famous actor was born into a South London family of humble stock, he was descended from a Huguenot ancestor of status. Joseph De La Plaigne had been imprisoned in France for his protestant beliefs, before making his escape to England in his sixties.

It gave me great delight to find the TV programme showed Sir Derek a copy of his illustrious forebear’s will, as I too had discovered this very same document when looking around the Prerogative Court of Canterbury wills on TheGenealogist’s website.

The Genealogist - UK census, BMDs and more online

If you want to read more about this and some of Sir Derek’s other ancestors’ last wishes, then there is an article on TheGenealogist’s website that I helped put together.

TheGenealogist Wills of ancestor of Sir Derek Jacobi

Many people from all stations of society, including some whom we would not have expected to have, made wills and so it is certainly worth taking a look to see if your ancestors left one.

Before 1858, England and Wales were divided into two provinces. The largest and most influential was Canterbury, which covered the South of England up to the Midlands and also Wales. The other was York, which covered Durham, Yorkshire, Northumberland, Westmorland, Cumberland, Lancashire, Cheshire, Nottinghamshire, and the Isle of Man. The two provinces of Canterbury and York each had their own Archbishop, and were divided into several dioceses. Each diocese had a minimum of two bishops, and these dioceses were also divided again into archdeaconries.

All wills, up until 12 January 1858, had to be proven in a church court to ensure that the will was legal. Wills were proven in over 250 church courts across the country, and the records of these are now stored mostly in local record offices.

For more on wills there is a module that reveals more about the subject inside the Family History Researcher Academy course on English/Welsh Family History that is available from the link below. The course takes the student from beginning researching their English/Welsh ancestor to deal with many intermediate level lessons such as wills and much more.

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Don’t fall for the Julian Calendar trip up

St Nicholas', Gloucester Parish Records are at County Record OfficeA friend of mine had this brick wall in their family tree.

They asked for my help and it was one that a moments consideration enabled me to break down for them.

We were looking at a family in the parish records of a small town in the south west of England. My friend had been examining records back as far as 1638 and had found an entry for a John Horn marrying an Joan Narbor in the parish church. The date was the 31st January 1638 and my friend said that this could not be her ancestor for the reason that John was still married to his first wife at this time.

I took a look and saw the baptism of a child, Edward son of John Horn, on the 26th August 1638 in the same church’s register as the marriage to Joan was recorded, followed sadly three days later by the burial of Ann, the first wife of John and mother of Edward on the 29th August 1638.

The answer was one that can trip up many family history researchers, when they are looking that far back, and is to do with mistaking the dates as recorded at the time in the Julian calendar and assuming it is recorded as we do today in the Gregorian calendar.

The simple solution is that January 1638 was in the last quarter of 1638 and came after August 1638 according to the Julian calendar.

 

Julian_to_Gregorian_Date_Change
Julian to Gregorian Date Change

The Gregorian reform started in 1582, in Pope Gregory XIII’s time, as in the image above but took some time to be adopted by Europe. It was 1752 that England and Wales adopted the Gregorian calendar a little later than some other countries, including Scotland. At that time 11 days were omitted – the day after 2nd September 1752 became the 14th September from the English calendar.

The first day of the year, or Supputation of the Year became the 1st of January, but only from 1752 in England and Wales.

Prior to this in England & Wales, the year began on Lady Day, or the 25th March. This would mean that in our example the 24th of March 1638 would be the last day of 1638 and the next day was the 25th of March 1639, and a new year.

The Calendar Act 1750 changed this situation, so that the day after 31 December 1751 was 1 January 1752. As a consequence, 1751 was a very short year – it ran only from 25 March to 31 December!

The year had previously been broken up into quarters, still in use for some legal practices, Lady Day (25th March), Midsummers Day (24th June), Michaelmas Day (29th September) and Christmas day 925th December).

To throw even more confusion into this situation, Scotland had already changed the first day of the year to 1 January in 1600 and so 1599 was a short year there ( remember that in 1600, Scotland was a completely separate kingdom). What has to be recognised is that when King James VI of Scotland also became King James I of England in 1603, the possibilities of date confusion must have been very large indeed.

 

So that brakes down that brick wall for my friend, as John Horn would have needed a wife to help bring up his children and so it is no surprise that he remarries quickly.

 

This tip is taken from one of my lessons in the Family History Researcher Course.

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I am making available again, on a special offer of a FREE month’s trial, my extremely well received course on English/Welsh Family History.

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National Wills expert gives us some great family history tips


At Olympia I caught up with Dr Ian Galbraith from the National Wills project and asked him to give us a few tips about what people should do if they are searching for will records.

“Well the big problem with wills is you can not always tell where the will might have been proved.” he said.

“If you know your ancestors came from a certain place you’ve gotta fix on where their birth records might be, marriage records maybe where they died. With a will although in most cases you probably have an idea where it is. Wills did get proved all over the place, maybe very far from  where you think.

“So when you’re trying to find a will you might go for the obvious places and find there’s nothing there. That doesn’t mean to say that there isn’t a will that’s been proved somewhere else. So it means that if you want to unlock the value of information which is in wills.

“I mean wills are one of the best single sources for the family historian.

“To find it you really need to have access to an index which covers the whole country not just individual counties and that’s what we’ve been trying to do and we’ve got coverage of virtually every county in England.

“Its not complete yet for every county but its the single biggest set of indexes for English probate records.

“That’s complimented also by an increasing collection of digitized images of wills. For example for Oxfordshire, Cheshire, York and a lot of abstracts of wills. Now abstracts make it a lot easier sometimes to find out what’s in a will because somebody else has done the hard work of reading it and transcribing it. They may not put all the text in there but there’s an awful lot of legalese and what they left to the church for candles and so on, masses to be said. But the salient stuff…what they left and to whom they left things that’s in the wills and they are enormously rich things.

“They give you a huge access to the families and the friends of the people who died because they will name them as beneficiaries; so a typical will will contain an average of ten names of other people besides the testator and probably at least half of these people will have different surnames
from the testator.

“So once you get into a will you can suddenly find you’ve got an awful lot more information than you started with. Other leads to follow up. It comes back to the issue of finding them in the first place.”

“Great!” I said, feeling that we had got an enormous amount of useful information from the interview. “And so your website is part of the origins.net?”

“Yes.” he replied. “Yes, Origins.net has been around now for oh, the best part of fifteen years but, erm, we started to concentrate on probate records about five years ago. We already had a reasonable collection but we realized that this is something that we really wanted to look at seriously, because it was one of the big problem areas.

“Births marriages and deaths, parish registers; yeah, there are lots of sites you can go and get really good collections of these. Census records, yeah. Now these are the primary places you’re going to look. You’re going to look at census, you’re going to look at Births, Marriages and Deaths. But where do you go next?

“And one of the major places, perhaps the most important single place to go next is wills; if you can find them.  And bear in mind also even if your ancestor didn’t leave a will there’s a pretty high chance they’ll be mentioned in the will left by somebody else.

“So so don’t worry, oh my ancestors didn’t leave wills. Not true! All kinds of people left wills. They can be very poor and very rich. It is not just the rich who left wills. Some wills you wonder why. This guy’s got nothing but he’d still make a will and leave it to his relations or to his friends mentioned by name.

“So it really is well worth looking into wills.”

“Great; thank you very much. That is very useful.” I said. “Thank you.”

 

 

One of the modules in my popular course in English/Welsh Family History looks at will records. Want to unravel the tangled roots and branches of your family tree?

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Unique Lawyer and Electrical Engineer War Records now available to view on TheGenealogist

Its always a pleasure, for those of us researching our family tree, when a new set of records are released and today I’ve heard from TheGenealogist about a couple of new data sets that they have added to their ever growing website.

The theme is how the professional occupations played their part in the Great War – Unique Lawyer and Electrical Engineer War Records now available to view on TheGenealogist.

I will let them explain the details…

Professional records

As part of its continuing commitment to add specific and unique research material to its collections, TheGenealogist has now added two unique record sets relating to professional organisations and their members during World War One. These two long established professions significantly played their part in the Great War. As their members contained some of the most skilled and talented professionals in their field, many became officers and casualty rates were high.

The Honourable Society of the Inner Temple is one of the four London based Inns of Court for the law profession and has been a separate legal society since 1388. Offering accommodation to practitioners of the law and their students with facilities for education and dining, the organisation proudly produced commemorative records of their members between 1914 to 1918. The information includes their regiment, rank and if they were injured, killed or missing in action. The Inner Temple list includes the record of future prime minister, Clement Atlee who was called to the Bar at the Inner Temple in 1906. He served as a Lieutenant in the South Lancashire Regiment and was the penultimate man to be evacuated from Gallipoli. He was later seriously wounded in Mesopotamia before serving in France. His war service helped shape him into a distinguished prime minister who presided over a radical, reforming government.

The Institute of Electrical Engineers (The IEE) was founded in 1871 and became the professional organisation for all electrical engineers. Pioneering developments in electrical engineering, its’ members were at the forefront of technical advancements in the early 1900’s and included many talented engineers.

The IEE war records are a tribute to members who died in the War. A number of promising engineers lost their lives and the records give an in-depth biography into the background, education, engineering career and war service, including details on how they sadly died. Many of the records come with a picture of the member commemorated as in the case of this ‘student’ member featured below.

 

TheG ProfWWISecond Corporal Charles Burrage, who had been awarded the 1st Class Diploma for best 3rd year student in Electrical Engineering at Battersea Polytechnic, he gave up his job to join the Royal Engineers and was posted to France in 1915. During the Battle of Loos he won the Military Medal for bravery in maintaining telegraphic communication between the front and headquarters. He was killed shortly after in an attack on German positions.

Many educated professionals were chosen for their intelligence and leadership skills to become junior officers. Casualty rates were high as these young officers were often at the forefront of the attack.

Available to view in the ‘Roll of Honour’ section of the Military Records on TheGenealogist, the records are taken from the ‘The Roll of Honour of The Institution of Electrical Engineers’ publication and a ‘Roll of Enlistment’ publication produced by The Honourable Society of The Inner Temple.

Mark Bayley, Head of Online Content at TheGenealogist comments: “Using our ancestor’s occupations can lead us to find more information about events that happened in their lives. Here we’ve used their membership of professional organisations to find out more about their war service and heroism in the First World War along with autobiographical information. It’s a great source that can really boost our knowledge of an ancestor.”

 

 

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Millions of School Records to go online

 

I got back from doing some family research in London today to find in my inbox an interesting press release from findmypast .co.uk.

It tells us that The Archives and Records Association (UK & Ireland) – ARA – has signed a deal, on behalf of a large number of archives and schools, with digital publishing experts brightsolid to publish online for the first time millions of school records from England and Wales.

 

It seems that this will be the first project to be undertaken under the framework of the new National Digitisation Consortium, which comprises up to 120 English and Welsh archives and schools working together to offer records for digitisation.

It is the first time such a large number of bodies will work together to digitise material – in this case their pre-1914 school registers. Once the registers have been scanned and transcribed by brightsolid, they will be made available to search online at leading family history website findmypast.co.uk, which is owned by brightsolid.

 

The registers span the period 1870-1914 and cover every region of England and Wales. They contain details of particular interest to the family historian, including name of the school and the pupil, their date of birth, year of admission to the school and the name of a parent or guardian. Teachers are also listed and Industrial School registers are included in the collection.

Chris van der Kuyl, Chief Executive of brightsolid said: “We are proud to have agreed terms with the ARA to publish online this fascinating set of school records from over 120 separate archives across England and Wales.

“Projects of this magnitude reinforce not only our ambition, but our credentials as the leading digital publishing experts, especially within the genealogy market. We look forward to working closely with the ARA and the National Digitisation Consortium on this exciting endeavour.”

 

John Chambers, ARA Chief Executive, said: “As the leading membership body for those who work in UK and Irish archives, the ARA has an important role to play in helping the sector find new ways of working. The National Digitisation Consortium allows a number of archives and schools, of all sizes, to offer records for digitisation within a single, shared legal agreement. As well as enabling these fascinating school records to be available to the public, this project will set an important precedent for the way the sector can work together to achieve a better return.”

I for one am looking forward to seeing them!


Disclosure: The Links in the above are Compensated Affiliate links. If you click on them then I may be rewarded by Findmypast.co.uk should you sign up for their subscriptions.

 

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Researching Scottish and Irish Ancestors

 

I’ve notice in my post bag a few of my correspondents asking for help with Scottish and Irish Ancestor research. For some it would seem that all the advice is very English centric and so today I thought I’d write a short piece for those beginning to look in Scotland and Ireland.

Scotland, in comparison to England, can be a simpler place to look for vital records because of the long established Scotlandspeople website that allows us to browse for records for free and then download the image on a pay as you go basis. You can, therefore, get access to not only the Scottish census records, but also Scottish wills, birth certificates and death certificates.

The Statutory Index, on this site, has entries from the indexes to the civil registers of births, deaths and marriages for all of Scotland, as far back as 1855 up until 2009.

The Old Parish Register Index, on the other hand, contains the entries of births & baptisms, banns & marriages and deaths/burials from the church  registers of some 900 parishes of the Church of Scotland from between 1553  and up to 1854.

The Census Indexes are name indexes to the 1841, 1851, 1861, 1871, 1881, 1891, 1901and 1911 censuses for all of Scotland. You will be able to find that each index entry will list the surname, forename, sex, age, registration district and county of the people of this part of the U.K. while the 1881 census index entries additionally contain the address.

The wills and testaments index, that can also be accessed here, contain over 611,000 index entries to Scottish wills and testaments dating from 1513 to 1901. Each index entry lists the surname, forename, title, occupation and place of residence (at least where they have been given) of the deceased person, with the additional information of the court in which the testament was recorded, along with the date.

The Coats of Arms Index, is another database on the Scotlandspeople website and this contains entries from the Public Register of All Arms and Bearings in Scotland from 1672 to 1907. Each index entry lists the full name, date on which the arms were granted, and the volume and page number in the register.

A point to remember, when researching in Scottish old parish records, is that the Established Church north of the border is the Church of Scotland. As a Presbyterian denomination they do not have Bishops and hence, unlike in England, there are no Bishop’s transcripts to act as a back up should you not find the record you are looking for in the parish register.

Kirk Session Records are the equilavent of the Parish Vestry records south of the border and these are all digitised and made available in Scotland at county record offices with the plan to have them online in the future at Scotlandspeople.

Scottish marriages can be of interest to English families whose ancestors ran away to partake in an irregular border marriage when Lord Hardwicks Marriage Act of 1753 compelled English marriages to be in Church of England churches unless it was a Quaker or Jewish marriage. In Scotland a couple could declare themselves to be married and to find a pdf on the extent of irregular marriages and where the current location of the records are, visit www.gro-scotland.gov.uk.

 

For Irish ancestors www.rootsireland.ie is a good place to start your research, while www.irishgenealogy.ie has coverage of other counties.

It is often said that Irish Family Tree research is very difficult and time-consuming and one of the main reasons is that there are a lack of records. One major missing plank is the lack of any complete Census records before 1901.

For this reason any records that have data within them which had been taken from the Irish Census are obviously of vital importance in Irish ancestral research.  One such source of this data is the Old Age Pension Claim Forms held in the Public Records Office of Northern Ireland (P.R.O.N.I). These give researchers absolutely essential information from the 1841 & 1851 censuses for Northern Ireland & Co. Donegal. Similar records are held by the National Archives in Dublin. These here are referred to as Census Search Forms and they contain the same essential information as the Northern Irish ones but cover the whole of Ireland, including some additional records for Northern Ireland

Researchers from www.ireland-genealogy.com have spent two decades transcribing these hand-written pension claim/census search forms. In some cases they are difficult to read and are in no particular order while the records held by P.R.O.N.I. are not indexed.

Their database allows a researcher online to search these records easily and so will save you both time and money. All you need to do is enter the surname you are researching and from the list provided decide which records you think relate to your family and then just click the order button.

As they point out on their site, these  records were hand written, and so in many cases the handwriting is very difficult to decipher; this coupled with the fact that much if it was written in pencil resulting in some words or letters having faded before the transfer to microfilm, has made the job of transcribing particularly difficult. Ireland-Genealogy.com  have not corrected spelling mistakes nor have their transcribers tried to amend anything that may not make sense. They have simply transcribed all of the information contained on each form. When they were in any doubt about whether or not they were reading a particularly untidy or faded record correctly they have put a question mark. A question mark has also been used when it was impossible to read.

Findmypast.ie

Recently we have had the very welcome addition of Findmypast.ie to the family history fold. This site collects together birth, marriage and death records and so features details of over 400,000 births, baptisms, marriages, deaths and burials from Ireland covering the whole island of Ireland and include over 150,000 newspaper obituaries and four indexes to wills, dating back as far as the 13th century. Many of these records are particularly interesting as they include more than just names, they also feature addresses and occupations. Vital records often make the best starting point for researching your Irish family history.

At findmypast.ie they have almost 150,000 names in census substitutes to help you fill in those missing gaps from the destruction of the census. You’ll find fragments dating from 1749 to 1901, as well as 19th century electoral registers. Anyone researching their 19th century Dublin ancestors will find a wealth of information in the 1851 Dublin City Census, which includes names and address of approximately 59,000 heads of households. We can also access the 1749 Census of Elphin, which lists all households, names of household heads, their addresses, occupations, numbers of children, adults and servants, by age and religious denomination – a remarkable document for such an early date. The Dublin City Census 1901: Rotunda Ward details 13,556 people residing in 1,334 properties across a 67-street space of the Rotunda Ward area of the city.

There are many other data sets including Land and Estate, Court and Legal, Military and Rebellion, Travel and Migration along with Directories dating back to 1814.

Take a look at this great website now by clicking the image below. (This is a compensated affiliate link.)



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Where To Look For English Ancestor’s Wills

You may be wondering where to go looking for your ancestor’s will.
The first thing that you need to consider is that before 1858, England and Wales were divided up into two provinces.

Canterbury was the largest and most influential and its remit covered the South of England up to the Midlands along with Wales. The other one was The Province of York, whose area covered the counties of Durham, Yorkshire, Northumberland, Westmorland, Cumberland, Lancashire, Cheshire, Nottinghamshire, and also the Isle of Man.

The structure of these ecclesiastic provinces were that at the head of each was an Archbishop. Then the province was subdivided into several smaller dioceses with each diocese having a minimum of two bishops. A further division was where these dioceses were divided again into archdeaconries.

Until 12 January 1858, all wills had to be “proven” in a church court to ensure that it was considered a legal will. There were, in effect, over 250 church courts across the country that proved wills and the records of these wills are now to be found stored mostly in local record offices.

Where a will was proved would depend upon where the lands the property was situated in. Another important consideration was whether they were contained within a single archdeaconry. If they were then the will would be proven in the Archdeacon’s court. If, however, the property of the deceased was to be found stretching across several archdeaconries, then it would have to be proven in a Bishop’s Court.

In a similar fashion, should the land be in more than one diocese then it would be to the Archbishop’s Prerogative Court that the will would need to go to be proved.

As always, there are the exceptions to the rules and one of these is if the deceased had died abroad. I such a case the will would be proven at the Prerogative Court of Canterbury regardless of where the property was.

Wills proven in the Prerogative Court of Canterbury are now held at the National Archives in Kew, while the wills proven in the Prerogative Court of York are to be found at the Bothwick Institute in the University of York.

All of the wills proven in the lower courts up to 1858 are usually held in the Diocesan Record Office and often this will be the County Record Office. In Wales, however, wills from 1521 are held at the National Library of Wales in Aberystwyth.

Family historians can find locating wills to be an up hill task. It is recommended that you try to locate an index before you set off to one archive or another, to see if a will for your forebear exists. Many indexes are now available on CD and online via the subscription sites like TheGenealogist.co.uk and Ancestry.

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