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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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Tracing Ancestors With a Common Surname

Online-Old-Parish-RecordsThe problem of tracing an ancestor, with a common surname, is one of those brick walls that many of us come up against in our family tree research. When it occurs after the introduction of state run vital indexes, in 1837 for England & Wales and eighteen years later, in 1855, when Scotland adopted the idea, it can be difficult to find the exact person that is our forebear, but at least we have a central index to search. The Crown Dependencies followed suit at different times again, so you will see civil registration introduced into Guernsey in 1840, Jersey in 1842, Alderney in 1850 and Sark in 1915. The Isle of Man beginning compulsory civil registration of births and deaths in 1878 and then marriages in 1884.

But what about searching for a Smith or Jones in the years pre-civil indexes? If you are expecting an easy answer I’m afraid I am going to disappoint, as common surnames do present us family historians with great difficulties to overcome. Having said that, however, all may not be lost.

If the ancestor in question has an unusual first, or middle name, then this may help you enormously to single your likely candidate out from the others. In my own research it was not the actual man I was trying to track down who had the unusual middle name, but his son. I had already made the connection to John Branton Thorn via the prime sources and knew him to be my ancestor. I was now on the trail of five or six John and Sarahs who were candidates for his parents, according to his baptismal details. So which of the various John Thorns who married a woman whose first name was Sarah in various parts of Devon jumped out as a strong possibility? It was the one where the bride’s surname was Branton.

The advice I have been given is to try to tie the person with the common name to one with a less than common one. It could be their wife, a brother or sister and so on and perhaps it is an unusual first name, middle name, or maiden name you can use.

If you are not able to find your ancestor for certain in the church registers, then always remember that the Bishop’s Transcripts may possibly harbour more information than the register did. It is not a certainty that it will, but it is worth a look.

Try using Wills and Admons to see if you can find the possible parents (or a brother, sister or other relation) naming your ancestor as a beneficiary.

Another point to be aware of is that even with a less common surname there can be many problems to overcome in family history research. As spelling of surnames varied so much, until the mid 19th century or later when they became more fixed, and with many of our ancestors not being literate, the clergy often recorded the name as they thought they heard it and so a regional accent is probably responsible for one line of my ancestors being recorded as Sysal, Sissell, Sissill and Sizzall in the church records from 1780 to 1798.

If the person you are researching was born in the years just before civil registration began, but was likely to have died after the death registers began, how about looking for them in these records. You can also use the church burial records, if you know the parish they died in. What about trying the National Burial Index? If you just have a first name and a common surname I grant you that this is not going to be much help to you but if you know the place that they lived then you may be able to narrow down you likely forebears.

On the subject of places, some names can be very common in one area, for example Thorn/Thorne in Devon, but a common name may not be so common in another place.

Advice that I have seen given on other blogs and forums say that you should:

  • Learn as much identifying information as you can about the ancestor you are researching.

So look for family bibles, they can list the names of children. Think about whether there are any other records for the district where your ancestor lived that they may have been recorded within? Taxes, land records, muster rolls, etc.

  • Make a chronology of the ancestor’s life if you can; where did they live for the various events in their lives? Can you identify the street, the town or hamlet for the significant moments in their time-line? If you can then you have a framework to work with.

Common surnames are certainly a problem for family history researchers trying to populate their family tree and sometimes there will be no easy answer. Persevere, however, as more and more records become available there is always a chance that your ancestor may be within one of them.

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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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Society of Genealogist Put More Online For Members.

Society of Genealogists

I’ve recently received my copy of the Society of Genealogists’ magazine Vol 30 No 5 and read in the Library Update section that in 2010 they added a total of 1,800 new items. Now for anyone that knows the building at 14 Charterhouse Buildings in the City of London, you probably wonder how they manage to keep on fitting it all in.

In the past quarter the SoG has  acquired, for those members with North American ancestors, the latest supplement to the Passenger & Immigration Lists Index. If you have forebears from Cheltenham, then you will probably be pleased to consult the Court Books of the Manor of Cheltenham, that covers from 1692-1803. While the parish of Burnley in Lancashire’s registers have been purchased with sponsorship from The Halsted Trust and a quantity of Somerset registers have also been added to the shelves.

When ever I am in London I really look forward to a visit to EC1 to do a bit of research at the SoG among the books, manuscripts, collections and microfiche readers. But belonging to the Society also allows members to have access to some of the data from within a special Members Area of the SoG website. Recently this section has been renamed SoG Data Online and newly uploaded are the Vicar-General and Faculty Office marriage licence indexes, the PCC will index for 1750 to 1800, the Shoreditch St Leonard burials and the St Andrew Holborn marriages.

More records are promised online, including those data collections that were previously hosted by the British Origins websites and have now become available on FindMyPast.com website in a new deal with this operator who, it would seem are sponsoring the SoG as it celebrates its Centenary year.

I can not recommend more highly this organisation and wish it a happy hundredth!



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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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Researching family in Jersey, part 6: using the rates listings.

There are not many places where the contribution you make to property rates is public knowledge, but Jersey is one of them.

In Jersey rates are paid in two parts: one part is paid by the owner of the property (the foncier rate) and the other is by the occupier (mobilier rate). There are sets of rate books in both the Archive and the Coutanche Library covering about a century up to 1965, plus some more recent data as well (ask for Taxation du Rât)

Jersey Taxation Du Rat BooksThese aren’t the easiest of documents to use, because the listing is an alphabetical list of ratepayers in each vingtaine (a vingtaine is a subdivision of a parish; the smallest parish (St Mary) has two, while St Helier has seven).

Ideally you need a detailed map of Jersey and a lot of patience – but the listings can be very rewarding. They will indicate whether someone owns a property or not: they can also indicate something about the condition or size of the property (someone paying 5 quartiers of mobilier rates a year is going to be living more modestly than someone paying 20 quartiers a year. It’s also indicative, at least to some degree, if the person you are researching is not on the list of ratepayers – that would indicate someone who was probably in a shared tenement and fairly low down the pile (because this became a lot less common as slum housing started to be replaced in the 20th century). Some of the parishes also published lists of people with dog and/or gun licences alongside their rates.

The existence of the rates books is also very handy in tying movement down. I knew that my wife’s family moved from one address to another between the 1891 and 1901 censuses: the fact that they suddenly started paying rates in 1896 or so pinpoints the move more exactly. Equally, my second cousins had a hotel in Grouville, but they disappear from the rate books in about 1905 – only a year after the owner (to whom one of them was married) died.

Property owners have to acquire their property, and next time we’ll be looking at what you can get from Jersey’s land registry system. Until then – À bétôt!

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

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Researching family in Jersey, part 5: Nailing down dates without certificates

Jersey Archive
Jersey Archive

As I mentioned last time, there are occasions where you find something in the BMD indexes and you can’t get to Royal Square in time to see the certificates. But there are two sets of data in the Archive that can help you to nail dates of marriages and deaths down.

The first is what is referred to as the “third copy” of the marriage registers. Individual parishes maintain their own registers and then send copies of the certificates to the Superintendent Registrar to compile the full volumes. However, in between the two the Superintendent Registrar maintains draft registers – and it is this that the Archive now possesses.

To access the draft registers, you need to use the Reference search facility on the OPAC. The collection reference you need is D/E: this will get you to the top of the collection. Reference D/E/B covers the third copy, and you will find that it’s divided into individual collections from specific Church of England churches and general collections of nonconformist and civil marriages from 7 parishes. It’s not quite a complete set, but the vast majority of material is there and you will find that most of the time there is at least some degree of correlation between the indexes and the draft registers.

As far as recording deaths goes, the simple answer is that there will almost always be a burial shortly afterwards. There are two ways that you can attack this problem: one is to look at the records kept by the cemeteries, and the other is to check the funeral directors. Cemetery records exist for two of St Helier’s major burial grounds – Almorah and Mont à l’Abbé – between about 1860 and 1950, and there are also records for some of the other burial grounds around the island including Macpéla, the non-conformist cemetery at Sion Village. These are all in folders in the reading room. One cautionary word: women are indexed by their maiden name only (although the married name is given).

The Archive also received a major deposit from a local funeral director the other year, containing records of seven of their predecessor companies, some of which go back to about 1820. Again, you’ll need to use the OPAC’s Reference Search, and this time the collection reference is L/A/41. Be aware that for any given period you may have to look at two or three different companies’ books – but feel free to enlist the help of the volunteer from the Channel Islands Family History Society if you need advice. These records are fascinating, because they will tell you not only who was buried when, but how – the relative spends on funerals vary from parsimonious to lavish – and also who paid for it.

Death is one of the great certainties in life: taxation is the other, and we’ll take a look at that next time. Until then – À bétôt!

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

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Researching family in Jersey, part 4: BMD records after 1842

Jersey FlagAfter 1842 registrations of birth marriage and death were made by Jersey’s twelve civil parishes – a system that carries on to this day. This presents some interesting challenges. Whereas in England records used to be kept by the quarter (meaning you could pin a birth down at least to a year), most Jersey parishes simply run 500- or 1000-entry books for as long as it takes to fill them up. The largest parish in Jersey, St Helier, has (these days) a population of about 30000 and the main hospital – so it fills up a 1000-entry book about every 18 months. The smallest parish, St Mary, has a population of 1500, and takes the better part of a century to fill up a book! The other point with this is that if you don’t know where a birth or death took place, you will have to search twelve indexes…

The indexing of the books is rudimentary. Entries are added by initial letter of surname in the order in which they are added to the book, with a reference to the relevant page number. And for this purpose a name like Du Feu is indexed under letter F. If you think this is bad, spare a thought for anyone researching the (not uncommon) surname Le Vavasseur dit Durell – which goes under D for Durell.

Marriages present the same problems as births and deaths, but rather more so. In time the civil parishes split their registers into Church of England marriages and those carried out by a registrar – the latter covering registry office, Roman Catholic, Methodist and other religions. And as St Helier grew and new churches were opened to serve outlying areas, these churches also came to the point where they took on their own registration books: so you could need to look at anything up to thirty index books.

There is, however, one case where Jersey practice is much better than English, and that’s in how we record deaths. Death register entries are made in the name under which the person died and any previous names they were known by, and the indexes include references for all these names. The grandmother of my wife’s great-aunt died in St Saviour in 1915, and we found an entry in the expected name of Sparkes – but we found three other married names and her maiden name too.

The actual registers are kept by the Superintendent Registrar in an office on the Royal Square in St Helier. The office is open 5 mornings a week – except that as it’s also the civil Registry office, it may be closed if a wedding is taking place. It’s worth a check in advance if you’re coming from a distance.

If you can’t get to the Superintendent Registrar’s office, there are copies of the indexes at the Coutanche Library of the Société Jersiaise in Pier Road and at Jersey Archive – and there are some handy materials In the Archive which may help you get accurate dates without a certificate. More on that next time. À bétôt!

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

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Researching Family in Jersey, Part 3: Jersey Parish Records

Jersey Archive
Jersey Archive

Most people will have at least some research to do which involves vital records – births, marriages and deaths. As in England, there are two categories of records. There are those kept by the state authorities – which record birth, marriage and death – and there are those kept by churches and record baptism, marriage and  burial. Jersey began civil registration in August 1842, but in this blog we’ll be looking at the parish records.

Parish records are available at the Jersey Archive. You won’t get to see the original registers, but instead there are copy transcripts made by the CIFHS. These go back to at least the late 17th century, and in some cases right back to the middle of the 16th century. Most of the transcripts end at 1842, but there are some more recent records available for the parishes of St Helier, St Martin and St John.

A typical entry in the baptism register might look like this:

17.02.1833 Mary fille de M. Philippe Du Feu et Mse. Elizabeth Amy

Notice the way that record is made. First of all, it’s in French – Jersey was very largely French- or Jerriais-speaking until the middle of the 19th century, and a lot of legal records long after that were kept in French.

More importantly, you will spot the fact that the mother’s maiden name is used. There were good reasons for this. In most parishes there were a relatively small number of surnames and forenames: as we observed last time there might be  several Philippe Du Feus living in one parish at the same time, and this helped to clarify who was who.

There are a couple of potential pitfalls to watch out for. Firstly, people were not always consistent about how they spelled their names – but the CIFHS transcripts usually gather the different spellings (for example Romerill, Romerill, Romrill, Rumerill) under a single heading. Secondly, it is always worth carrying out a check both of the married and the maiden name if the person you are looking for is female.

If your ancestor wasn’t a member of the Church of England, you might be less fortunate. There are records from two of the big Roman Catholic churches in St Helier (there were two because one was French-speaking and one was English-speaking), and there are a few records from non-conformist churches, but they are rather patchy.

One more thing to add on the parish records: work is in progress to digitise them and make them available online, hopefully towards the end of 2011. Next time we’ll look at the civil records – until then, À bétôt!

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

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