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Administrations in England & Wales up to 1858

If one of your ancestors, in your family tree, died without making a will, then their next-of-kin could apply
to the church courts for Letters of Administration to be granted to them. What would happen is that they
would then be bound in law by entering into a bond to administer the goods of the deceased. As well as family it is sometimes possible to find that a creditor is granted the letters of administration, but in all cases they are referred to as an Administrator, if they are male, whilst a female is known as an Administratrix.

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

You may well notice that administrations, or sometimes admons,are generally less informative for the family historian than wills are. That said, however, If you have found that one of your ancestors left no will, but their effects were dealt with by and administration, then at least the document will include: the name of the administrator(s) and bondsman, as well as the the relationship of the administrator(s) to the deceased. This could indeed be valuable to someone tracing their family tree. In addition to which, the administration may often include a date of death and the value of the deceased’s estate, that could help you fill in some gaps.

As in the case of wills, until 1858 it fell to the church courts  to be responsible for granting administrations. So for that reason you will need to use the same system to find administrations as you would do for finding wills of the same period. The main point to remember was that it is the same two provinces – the Prerogative Courts of York and of Canterbury – each controlled by an archbishop, that England was divided into.

A subdivision then occurs into several archdeaconries, and then further divisions again into rural deaneries. What all this means to the researcher is that there are over 250 church courts who were responsible in some way for the granting of letters of administration.

So where do we make a start? One answer is to take a look at the A2A website (Access 2 Archives) on the National Archives website:
www.nationalarchives.gov.uk/a2a

It is a fantastic database covering a myriad of records from over 400 record offices across not just England, but the whole of the UK.  Some of their records go back as far as the eighth century, while some come right up to date.

It is possible to search it by name, or a place and also by a topic and while it may not cover every single record office, by the very nature of its substantial coverage it can be used to search for probate material by using the key words ‘wills, administrations or inventories’ plus the region of the country that your ancestor died within.

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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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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 9: photos, newspapers and books

To wrap up the series, there’s a miscellany of other potential avenues that are worth exploring.

First of all, there are photographs. If you have family photos you will almost certainly have cursed the elderly relatives who put them in an album and then never got round to labelling who, what and where they were. But… there are some useful tricks to use.

First of all, scan the photograph at the highest resolution you can. If you can be sure the photo was taken and developed in Jersey, you may be able to identify the firm who developed it. A gentleman by the name of Richard Hemery has put years of work into this, and for some of the better known photographers his efforts will allow you to pin the photograph’s date down quite well.

Halkett Place, St Helier, JerseyThis particular photo is a neat example. Richard’s work tells us there were only two firms who put reference numbers on the front of prints, both operating in the 1930s. But there’s more: a high-res scan picks up the name Le Riche over the shop awning behind and left of the lady, and also makes the colonnade on the right clearer. That pins the location down to Halkett Place by the Central Market, and the date has to be after 1932, when Le Riche’s (a long-established island grocer) opened their shop there.

 

“Ah,” you say, “but I don’t have that depth of local knowledge”. But other people do. The Société Jersiaise run an online photographic archive: two of their members are currently going through the massive task of cataloguing every Jersey picture postcard in existence. Talk to them: they could have the information to fill in some gaps. Or use the libraries (see below)

In addition, there’s what the newspapers may have said. The first newspaper on Jersey was published in the late 18th Century, and there have been a number of different publications since, right down to the Jersey Evening Post (usually referred to just as the JEP) of today. The JEP has always been a very parochial paper in the better sense of the word: it reports everything and anything that goes on. If your relative was a prominent member of a local church or a schoolmaster or a farmer, it’s quite possible that they’d get a respectable tribute from the JEP when they passed away.

The central Library in Halkett Place has a very comprehensive collection of microfilmed newspapers – they’re up on the first floor. You need to book a reader – it is worth doing this in advance, particularly if you want the one that will print to paper. E-mail je.library@gov.je and they will sort things out.

While we are talking about libraries, there are collections of reference books at the Coutanche Library (the NoseyGenealogist will be releasing a film guide to what they have shortly) and smaller collections at both the Archive and the Central Library to supplement your knowledge of Jersey’s history and culture.

This is of necessity a scratch at the surface of family history research. I hope you’ve found it helpful. Happy hunting, and – À bétôt!

 

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

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Genealogist Anthony Adolph Talks About Family Tree Research and DNA

Genealogist Anthony Adolph
Genealogist Anthony Adolph

Now here is a very special interview for you from my trip to the Who Do You Think You Are? LIVE show at the end of February.

I was on my way to The Society of Genealogists stand, where I was volunteering on the second hand book stall as a way of giving something back to the SoG, when I spotted the well respected genealogist and author Anthony Adolph. He was taking questions from show-goers on the stand of the “Your Family Tree Magazine”, a publication for which he writes articles on surname research.

As a shareholder in an independent bookshop I am also aware of Anthony Adolph as an author of several books, including Full of Soup and Gold: The life of Henry Jermyn and many titles on family history.

He was gracious enough to give me a wonderful interview that began by reassuring me and my blog readers/ YouTube Channel viewers, that “we have all reached points in our family trees where we are stuck.”  He revealed that he has been tracing his own family tree for getting on for thirty years now.  “First of all as a complete and utter amateur, as a schoolboy, ” Mr Adolph said, “and then later on I became a professional.”

Giving some hope, to all those of us who find we are facing a brick wall, he charmingly admits that, just like everyone else, at the beginning of each of his family lines he is completely stuck.

The interview then goes on to touch on the four techniques for getting further back:

  1. Oral History
  2. Paper based
  3. Surnames
  4. DNA.

Anthony Adolph then reveals that he has become quite passionate about the latter and how DNA in genealogy enabled him to discover that the “cap” to his family tree was unusual. It seems that the Haplogroup, from which he descends from the genetic Adam and Eve, is G and so from Armenia, Georgia and Turkey. This is in contrast to the fact that most men in Europe are from group R.

Watch the full interview here.

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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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What to expect from ancestry.co.uk in 2011

At the 2011 family history show “Who Do You Think You Are? LIVE” I was fortunate to grab a chat with Dan Jones from ancestry.co.uk.

For Dan Jones of ancestry.co.uk interview click here

Family historians will find out by watching my interview with Dan, where this important family tree research site will be heading in the next few months and it seems that Ancestry’s focus will be on continuing the development of parish records on ancestry.co.uk that they had started with London and the registers from LMA and also bringing us more occupational records.

Tony Tutorial 468x60

The interview is just one of a number recorded at the UK’s largest family history show: Who Do You Think You Are? LIVE at London’s Olympia. The event is a fantastic mix of workshops, exhibitors and more for those of us passionate about family tree research.

To watch the other videos navigate to the Who Do You Think You Are? LIVE 2011 button on the bar above, or simply watch at my YouTube channel: www.YouTube.com/NoseyGenealogist

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WDYTYA? LIVE show at Olympia 2011

Who Do you Think You Are? LIVE 2011
Who Do you Think You Are? LIVE 2011

Just published a video on my Youtube channel from the Who Do You Think You Are? Live show from last weekend.

http://www.youtube.com/user/NoseyGenealogist

WDYTYA? Live is, as many of you know, the UK’s largest family history show. It’s a great place to find over 200 family history exhibitors all under the one roof. The stands ranged from The Society of Genealogists, Ancestry, TheGenealogist.co.uk, findmypast to small business and the various Family History Societies.

Also of fantastic value were the many workshops going on throughout the three days.

More videos will be added to the Who Do You Think You Are? LIVE pages on this blog. See the pages tabs above.

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Who Do You Think You Are? LIVE 2011

Well, that was a great weekend!

You have probably guessed that I spent much of Friday, Saturday and Sunday at the Who Do You Think You Are? Live show at London’s Olympia. I got to take in some informative workshops, talk to many like minded family historians and even interview a few people on the stands for a forthcoming video section of this blog.

But who and what I gleaned will have to wait as Murphy’s Law struck and the laptop that I have been lugging around has played up and is refusing to help me update you.

Just as soon as I can, normal service will be resumed!

Who Do you Think You Are? LIVE 2011
Who Do you Think You Are? LIVE 2011
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