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Small Errors In My Great-Great Grandfather’s Will

I am a bit of a pedant and so I got slightly annoyed recently with a number of small inaccuracies that I found in a copy of a 1908 will and have wondered if the solicitor for my great-great-grandfather knew him at all and whether my ancestor actually read the will that he signed three months before his death!

Captain Henry Thomas Thorne on the GWR Dolphin, Dartmouth, Devon.
Captain Henry Thomas Thorne on the GWR Dolphin, Dartmouth.

 

I have got hot under the collar because I had sent off for my forebear’s will. The story is that recently, while looking around the Ancestry.co.uk site, I discovered, within the National Probate Calendar for England & Wales, a listing for my 2x great-grandfather Henry Thomas Thorne. I was aware that he had died in 1908 in Dartmouth, Devon, but until then I had no idea that he had left a will. He was the son of a boatman and one time cordwainer from Dartmouth. Henry had moved, in his youth, to Portsmouth to work in the Royal Naval dockyard as a ropemaker.

It was here that he met and married his wife Ellen Malser, the daughter of a Master Mariner if the records are to be believed. Henry and Ellen soon moved back to Dartmouth where Henry obtained a job, in 1864, as the steersman of the railway ferry that crossed the Dart from Kingswear to Dartmouth. He was to eventually became the Captain of the steamer, called the Dolphin, that replaced it.

Henry Thomas Thorne spent 40 years working on that vessel and even had the privilege of sailing King Edward VII & Queen Alexandra across the Dart, when they came to lay the foundation stone for the Royal Naval College. From that time on the townsfolk nicknamed Henry “The Admiral”, according to sources that I have read.

With the details, from the National Probate Calendar, I was able to download a form (PA1S) from the Government’s Justice website and send off my cheque to the Postal Searches and Copies Department, which is in Leeds.

http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=739

When the will arrived, on my door mat, I was somewhat confused to find that it contained some interesting errors.

Henry Thomas Thorne was listed as a retired “Ropemaker”, an occupation that he had pursued in his youth in Portsmouth. But surely, with 44 years as the steersman and then Captain of the railway steamer across the Dart, it would have been more appropriate for the solicitor to have identified him as a retired mariner? No matter, I thought, and read on.

Next Henry appoints his wife Helen, along with the solicitor to be executors.

Helen, I wonder, who was this wife called Helen? It was, of course Ellen.

The will goes on to mention his “free-hold house situate at Victoria Road, Dartmouth, which had me looking on a map as all his census records show him living on South Ford Road and his death certificate mentions Fernleigh. From the map I can see that a Ferndale is an extension of South Ford Street and it overlooks Victoria Road. Using Google Street View I could see that Ferndale was not navigable by the Street View car and is a sort of walk rising up the hill. So perhaps I can assume that his house at Fernleigh was indeed in the area of Ferndale, but was it on Victoria Road?

He bequeaths money, in trust, to his daughter Florence Melzer Thorne. She was named after her mother’s family, Malser and not Melzer. In fact she was actually named Ellen Florence Malser Thorne, but I digress!

So it is a lesson to us all to take what is written down in any record that we find, even a will, as not necessarily being completely accurate. Check several sources before you can be sure of any fact.

In this case I wondered if the solicitor was new to the area. However a check of the census, in 1901, shows me that he would have been 33 in 1908 and had been born in the town. As such he would have, no doubt, been ferried across the river by my 2x great-grandfather on any occasions that he had need of catching the GWR train as Dartmouth had no railway lines itself. He must have been familiar with the character called The Admiral, who had been in the same job on the water from before the solicitor’s birth!

 

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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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Your Family History Answers Maybe Off-line

Sometimes we just need to accept that not every answer to your family history questions will be on-line. I’ve discovered this with my research into my British Family Tree, but it can be the same where ever it is in the world that you are looking for ancestors. You’ve searched for an ancestor using the various on-line tools and failed to find any trace of them?

The temptation is to believe that, because they don’t appear where we think that they should, that we are simply not going to find them. Well, what I need to remind myself  when I am on the trail of my UK forebears, is that not every record for Britain is on the web and even for those that are mistakes have been made and omissions may have occurred.

Anyone with a British Family tree is well catered for by the availability of paid and free look up websites.

Taking, for example, my family tree in England. My 4 times great grandparents, John and Sarah Thorn for whom I had obtained their names from the baptism information that I had got from a search of the International Genealogical Index at familysearch.org for their son, also called John, my 3x great-grandfather.

Baptismal font St. Saviours, Dartmouth, Devon, UK.
Baptismal font St. Saviours, Dartmouth, Devon, UK.

Remembering what the family history professionals teach, that you should always use information that has been transcribed as a finding aid only – using it to seek out the original record, I visited the Devon County Record Office in person and looked up the microfiche copy of the baptism of John Brampton Thorn in St.Saviours church, Dartmouth on the 28th September 1794.

Having verified that their names were correct, on the IGI, I had then searched for the marriage of John and Sarah. I knew that a number of their children were baptised in the same church and that there was only one other possible child christened earlier than my great-great-great-grandfather in St Saviours in 1790, however it was not certain if this individual was of the same family of Thorns. I was hunting for a marriage around 1794. Frustratingly, there were no likely candidates in that particular church.

Searching the IGI around the area came up with nothing and so I expanded it outwards. With my “possible parish” list I  searched on-line for the marriage and came up with some in Exeter for 1793. Were the Thorns from Exeter? Well the answer turns out to be no!

Visiting, in person, the Devon Family History Society in Exeter I explained about my brick wall and the staff looked at their data for marriages 1754 to 1812 for a John Thorn marrying a bride called Sarah. At this point I had no maiden name for Sarah. After a few minutes, for the bargain price of only 15 pence I was handed a list of seven marriages. The very first of which was a John Thorn and Sarah Branton married on the 12 January 1794. The bride’s surname was to become the second name of their child and my 3x great-grandfather. The parish was not Exeter, nor anywhere from around Dartmouth, but Plymouth Charles!

Having obtained this information off-line I then went back to the internet just to check if I could have found it there. On the IGI there was no record and various other websites I went to all returned no matches either.

The lessons I learnt here, is that not every record is accessible on-line. Remember this in your family history research.

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Volunteer Family History Site Smashed My Brick Wall

If you are having problems researching your family tree then maybe you can learn something from my experience here. I had got nowhere with this ancestor’s birth, marriage or death – on or off-line – then a chance visit to a Family History Website and an hour or two looking at the transcripts and a brick wall in my family history research came tumbling down! This, together with thinking of spelling variations of names, opened up a new line to me.

My paternal line in Dartmouth, Devon, UK has always been a bit frustrating once the census records ran out in 1841. This being the earliest English census on-line after which I had to start looking at parish records. I had worked out that my three times great-grandfather was called John Thorn and from the information given in the census collections I knew that he had been born in about 1795 and his wife, Elizabeth, in about 1798.

As a member of The Society of Genealogists in Goswell Road, London EC1. I knew that they’ve the largest collection of Parish Records in the country on microfiche. They’ve also got some transcripts of parish registers in the library.

Unfortunately Dartmouth parish records were not microfilmed, but a selection of Devon Family History Society booklets of the marriages of some of the churches in the town, including St. Saviour’s, were available. Scanning one book for any likely ancestors I noted down that on 13 April 1817 a John Thorn married an Elizabeth Sissell. With this tentative lead, I hit the Internet. I was looking for any evidence that this was the marriage of my ancestors. I opened the Dartmouth-history.org.uk website of The Dartmouth Archives and found that this voluntary organisation had a very comprehensive family history section with transcribed baptisms, burials, marriages and census records. I could read the very same details, as I had seen in London, on this niche site. The information began in 1586 and ran to 1850! There was the marriage of John to Elizabeth and this time I noticed that the witness were given as John Adams and Sunass (sic) Sissell. I assumed that this last person was a member of the bride’s family and perhaps was her father, but the name Sunass caused me concern as it didn’t seem very likely and I guessed it couldn’t be read properly by the transcriber.

After doing family history for a few years now, I’m aware that names can be transcribed incorrectly. Perhaps written down as the transcriber had seen them (as best practice dictates) and not changed to conveniently fit in with what is consider to be correct. I wondered if both the first name and the second had not been written down by the person in question, as they may well have been illiterate. When you come to do your own research you should bear in mind this point. The minister may have interpreted the name as he had heard it spoken to him and so in this case “Sissell” could possibly been “Cecil” or something entirely different. As for Sunass – at this point I hadn’t got a clue what that could have been!

There were no early enough christening records for John and Elizabeth on the Dartmouth Archives website, but I opened another browser and navigated to the Latter Day Saints (LDS) website or FamilySearch.org and here I did a search for Elizabeth’s christening and was lead to a baptism in one of the other churches in Dartmouth, St Petrox, on the 16 September 1878. The daughter of James and Sarah Sissill was one Elizabeth Gardener Sissill – and here I noted that the spelling had changed to Sissill with an “i” and not an “e”. This record made me wonder if the witness to Elizabeth’s marriage could have been her father “James” and this has been interpreted as “Sunnas” because a flowing “J” for James had looked like an “S” and the other letters had been misread as a “u” for an “a” and the double “n” as an “m”.

So what I am emphasising here is to be wary of names and the way they were spelt. Before more general levels of literacy among the public became the norm, our ancestors relied heavily on a clergyman writing down their names as they sounded.

This breakthrough is down to finding that Dartmouth has an active family history website and then using their indexes in conjunction with other Internet resources, such as the LDS site. I could then take the names and details further by looking for death certificates for John Branton Thorn and his wife Elizabeth Gardener Thorn, as they had died after civil registration of deaths took place in 1837. From here a physical visit to the Devon Record Office to see the parish records may be the next step.

The first lesson is that you should always look to see what other research may have been done, for the area your ancestors came from, and that is published on the Internet. If you find a family history society, or local interest group with a website, can any of their publications or website pages help you with your quest? Secondly, be aware of the misspelling of names and keep your mind open to possibilities. In my case I need to think of other spellings for the Sissells or names that may have sounded like Sissell in order that I may trace this line back further and break down the brick wall.

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Step-mothers and half-sisters…

Ancestral Trails-The Complete Guide to British Genealogy and Family HistoryI really recommend that you read Mark Herber’s book Ancestral Trails, if you haven’t already. I was looking again at the first chapter in what is one of the best books on United Kingdom Ancestry and Genealogy there is.

This really is a wonderful book with much help for genealogical researchers and includes a brilliant section on understanding family relationships.

What? Is Nick telling us about some sort of self-help publication aimed at men and women going through a bad patch in their relationships? No, this tome has some useful things to say about the different phrases such as: stepfather/mother; half-brother/sister and so on.  Herber tells us, in simple terms, that the term “step” denotes that there is simply no blood connection connecting the parties and so the only sort of connection is going to be through marriage. “Half” is actually something different again. This is where the actual people share but one mother or father in common.

Now, because I have a stepmother, a half-sister and I also once had a step-grandfather, until he passed away, on my mother’s side, I am acutely aware of these terms. So, while all these relationships are inescapable fact, I shudder to myself as soon as I see these somewhat cold terms used to identify people whom I love dearly. It seems to me that, in using these prefixes, that I may be accused of trying to distance myself from these members of my family for some reason. Well I’d like to say here and now that this is far from the truth when it comes to my close family step, half or what ever they may be. When we are noting down our Family history, however, we sometimes have to be very precise in explaining a relationship to someone and so detail exactly how and where a person fits into our family tree. None more difficult than when we are confronted with illegitimacy in our lines.

Maybe in the twentieth century, to be born to parents who are unmarried carries little stigma, in the past it was a very different story; thus it ought to be handled sensitively whenever addressing loved ones of a different generation.

Returning to this chapter, provided by Mark Herber’s handbook, I was amused to realise that I had forgotten about defining cousins relationships. Whilst attending a family marriage, a few years back, I was introduced by Jenny, my first-cousin-once-removed to one of her friends of her own age group. Jenny said that I was her “Mum’s cousin” and in this she turned out to be wholly correct in this explanation of how we were related. As Herber pronounces: “Relationships involving cousins are more complex. Cousins are usually people who share an actual common ancestor… The offspring of a pair of siblings happen to be “first” cousins of each other. All the offspring of two first cousins are “second” cousins of each other and so on.”

Okay so far, but then we move on to deal with completely different generations. The word we utilise to be able to denote this is “removed” hence my first cousin’s daughter is my cousin once removed. As soon as she had a child it became my first cousin twice removed. We need to determine the number of intervening generations between ourselves and the particular common ancestor and utilize that number prior to the word “removed”. Now at this point comes the bit that I had forgotten!

“The concept “removed” is generally only used to express relationships down a family tree.” Therefore this had been precisely why Jenny, my first cousin once removed, as a child of my first cousin Julie is accurate as soon as she referred to me as her “mum’s cousin”

At this point closes the pedant’s lesson for today! 🙂

Mark Herber’s book Ancestral Trails obtainable from most good bookstores.

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Use more than one ancestor look up site!

I really need to remember my own advice to use more than one ancestor look up site!Ancestors in Thorne Family tree
On the occasions when I find myself talking to someone new to this family history pastime, about doing ancestor research, I often find myself going back to the advice that I have been given by a professional genealogists. Now I do not consider myself to be anything like a Genealogical Guru, I am simply someone who has gained a little experience over the years and now am happy to pass on two of my tips here. Both are about stepping back from the research results and introducing some careful thought into the proceedings.
  • Think logically about a person’s time-line.
  • Listen to family stories, but then step back and try to corroborate them with hard evidence to confirm what you have been told.

A person’s date of birth is obviously going to dictate an approximate time for when they could have got married and when you should reasonably expect them to have died. A little thought will tell you that rarely will a person be getting married in their hundredth year! Likewise, they are not going to be getting wed aged 6 or 7 either. Beware of entries in databases that just happen to have the same name as your ancestor, but are just plain and simply the wrong people. But even then we can go wrong if  we are not careful.

One weekend, when doing some family tree research,  I got myself stuck in a hole and wasted oh so much time digging it deeper and deeper! What was it I was doing wrong and how did I finally get out of it? Well I was trying to find the details of an ancestor’s death so that I could purchase a death certificate from the GRO site.

I am fairly wedded to www.ancestry.co.uk for most of my research. I like what they have on offer and I have become use to the way the site works. I also have a subscription to other sites such as www.thegenealogist.co.uk which I find good for many searches and then there is another favourite of mine:  www.findmypast.com.  (Disclosure re these links: Compensated Affiliate.)

The research I was doing had been initiated by reading some “thoughts” put down on paper by a relative before he died. I had been shown this family history because, as a cousin, I had an ancestor in common with them and I wanted to enter this forbear into my family tree as well. The handwritten notes indicated that our ancestor had died aged 66 and from this I was able to work out that as they were born in 1865. From this I then worked out that they probably died in 1930.

I went on to ancestry.co.uk and searched by name for the ancestor in all four quarters of 1930 but to no avail. I then broadened my research for ten years either side and spent hours looking for them without any luck. I then thought I’d try misspellings of the ancestor’s name as this, I thought, is surely why they are missing. Result: A big fat nothing!

Eventually, after much wasted time, I thought about using one of the other websites that offers Birth marriage and death details, something I should have done early on. And what did I find? There he was, on the other BMD site spelt correctly and dying in the district where I expected him too, but aged 70 not 66 and in the year 1935 not 1930!
The lessons for me to relearn and hopefully for you to benefit from are as follows:
  1. Remember that all websites are fallible and omissions happen.
  2. Family stories can sometimes be wrong as humans are not blessed with 100 percent recall and we can get things wrong, as it would seem this relative did in his writings for his children!

I have made myself a note to remember my own advice in future: Use more than one ancestor look up site and remember that stories can be wrong!

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