Tag: rules

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Family history secrets from the Asylum

ITV CaptureLast night’s ITV programme on Secrets from the Asylum was fascinating from a family history point of view.

It showed vividly how emotional a finding that one or other of your ancestors spent some time, or indeed died, behind the doors of an asylum can be.

One of the things that I always advise people, thinking about researching their family tree, is to be aware that they may find skeletons in the cupboard. Also that once the skeleton is out this can cause other members of your family to get upset with you for opening the door into the past. Its particularly difficult if you dispel a carefully constructed family story that has been woven to protect the family from a perceived disgrace.

Another maxim, that I tell people new to family history, is not to judge their family for making up these stories and to try to understand your ancestor in the era in which they lived and in the social context of their times.

Both these “rules” had to be applied when I found a cause of death for a client whose family tree I was researching. Just like Christopher Biggins, one of the celebrities on the show, he to discovered that his ancestor died from “general paralysis of the insane”.

The client’s ancestor was said to have fallen from his horse as a relatively young man. My client had become suspicious of this story, perhaps subconsciously having picked up that the received wisdom was not told convincingly enough. His theory, however, was that his ancestor had perhaps run away from his wife and family. The truth was more of a shock when the certificate was delivered to him by me.

In the programme last night actress Sue Johnston was also featured as she revisited the hospital where she had worked in the 1960’s. Her experience was of wheeling patients down to have Electro Convulsive Therapy (ECT), which was invented in the 1930s to treat schizophrenia but was used on a variety of illnesses by the 1960s. Her memories of the patients getting the treatment were quite distressing for her.

I have found people who had this treatment and went on to live normal lives but for researchers who discover this in their family tree, this can sometimes be upsetting.

So, as long as you are aware that not everything that you may find out about ancestors will be “rosy” then family history research is a compelling pastime that gets better with the more records and resources that you can get to use.

 

If you are just starting out and want to build your knowledge of English/Welsh family history so that you are able to track down elusive ancestors then take a look at my course at Family History Researcher Academy.

For another couple of weeks I am offering my Summer Sale of a month’s trial for free in conjunction with S&N Geneology Supplies! Click the image below.
 
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The Value of a Visit To an Archive

 

Lloyd's Register of Shipping

I’ve been on a little road trip around the UK recently. Some of you may know that I live in St Helier in the Channel Island of Jersey and so a trip to the mainland with the car on the fast ferry needs some planning.

Although having been born in Jersey ( not “on Jersey” if you are an islander, you’ll understand) my family roots, however, are north a bit in England and Scotland. Although my Scots line turns out to be Norman when you trace it back to the 12th century, but that is another story.

Last week, with the freedom of my own car, I was able to go to the County Record Office in Dorchester, the Guildhall Library in London, the Portsmouth History Centre in the central library there and many other places as well that were not especially connected to family history.

My purpose in the Guildhall library was quite specific. I was there to look at their extensive run of Lloyd’s Register of Shipping. I spent a good few hours going through the old books looking for the details of an iron built paddle steamer to find the name of its Captain.

Now while I could have accessed copies online at the really useful resource of the Crew List Project website www.crewlist.org.uk/

What I gained from handling the actual books was a greater familiarity with their layout and content. I was able to read the rules and regulations that they set out for the construction of vessels and what was very interesting was to find that at the back of each register was a set of alphabetical pages that listed new vessels to the registers that year. If I had been searching online I would never have come across those extra pages of ships and so I could have missed an entry that was in the book after all.

A lesson to us all that not everything is online and also the value of the fantastic resource that an actual archive and a visit to one affords the serious family historian.

As to my other archive visits, I’ll talk about them in another post!

One of the tutorials in my new course the Family History Researcher Academy, is on the Merchant Navy. If you want to get on board, so to speak, its available at www.FamilyHistoryResearcher.com

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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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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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Jersey Family History Forum at WDYTYA? Live

Jersey Family History Forum at the WDYTYA? Live show 2011
Jersey Family History Forum at the WDYTYA? Live show 2011

I had to be up, showered and breakfasted for 6 am, in order to make my way to Jersey airport and the 7 am “red-eye” to London Gatwick. The fact that I, not in any way a morning person, was prepared to do this stems from the timetable of workshops that I had seen for the Who Do You Think You Are? LIVE show at Olympia.

First on, in the Society of Genealogist’s Regional theatre was “Researching Your Family History in Jersey” given by Sue Payn and James McLaren and I really wanted to be there for the workshop. My bus to the airport, the flight to London and the coach transfer to central London all ran reasonably to schedule and so I was in the building by 10.15. and taking a seat in time for the presentation.

James’ began by clearing up the perennial misunderstanding by people from outside of the island, regarding Jersey’s constitutional position. As a Jersey born and educated person, myself, I have spent most of my life making similar statements to his and so a smile warmed my face as the familiar words rang out.

I am often heard saying that we are not part of England and Wales, nor are we part of Great Britain, nor the United Kingdom and we are not in the EU, but are British Islands.

As James said: “We are a Crown Dependency: we owe allegiance to the British crown, but in most other respects we are self-governing. We have our own legal system, large parts of which are quite different from English law. In this respect we are similar to Guernsey, but please understand that we are not the same! It’s like the difference between a Mercedes-Benz and an Austin Allegro – the principle is the same, a vehicle that gets you from A to B, but the detailed implementation is rather different.”

This brought another smile to my lips as the old rivalry, with our sister Bailiwick of Guernsey, was introduced to the good folk in the workshop. Both Bailiwicks trace a Norman heritage and when in 1204 King John lost his French possessions, the Channel Islands kept allegiance to the British Crown.

One of the first things you are going to find, if you are researching your ancestors from Jersey is that the records are invariably going to be in French, as this was the official language of this island until very recently when English has become dominant. James pointed out that Jersey was very largely French or Jerriais-speaking until the middle of the 19th century, and so a lot of legal records long after that were kept in French. The deeds to my house, for example.

I have often heard people in the island refer to these documents being written in “proper French” to distinguish the language used from Jerriais, the name given to the Jersey French patois spoken in the island, which even comes with variations in pronunciation across the 45 square miles of the island!

Jersey people have always travelled far from their island; some to settle away in places such as Canada, Australia and of course to the United Kingdom. Some stay and some return. As James said the reason Jersey folk travelled was “– partly because of our rules on inheritance, partly because there was money to be made in trade, partly to serve Queen and country in the armed forces, and more recently because the only way to get higher education was to go to the big island to the north of us. Consequently there are numerous people in the UK who have Jersey ancestry somewhere in their past.”

I shall be returning to the subject of Jersey Ancestors and have more from James McLaren from the Channel Islands Family History Society in another post on this site shortly.

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Podcast: Five Golden Rules

Are you starting out researching your Family Tree? Here are some rules to keep you on the right track in this podcast: Five Golden Rules for Family History Research. The Nosey Genealogist  

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