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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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How Can I Find Parish Records In My Family Tree Research?

Online-Old-Parish-RecordsMost people researching their family tree in the British Isles will eventually get past the census collections and the civil registrations and must now turn to the Parish records to proceed further. While, recently, there has been a great many more parish register collections being made available through the subscription sites, it is still not the case that a family historian will definitely find their ancestors parish has been uploaded online. Getting back before 1837 in England & Wales needs researchers to know where to look for the relevant details

Even if, however, we accept that we may need to make a visit to a physical archive, in order to push our research on, then we can certainly turn to the internet in order to locate where the parish records are. As well as this the web can undoubtedly save our selves time, when we do make the visit to the particular County Record Office or other archive, by being able to gain information provided by their website beforehand. In some cases they may even have their catalogue online which would allow us to do essential homework such as finding call numbers for the documents that we wish to look at and perhaps even ordering them up before we arrive.

In most cases, probably as much as ninety-nine percent of the time, we will find that the Parish Records for our ancestors have by now been deposited at the County Record Office, while a rare few will still be at the church in the care of the incumbent minister.

So where should we look first online?

A good starting point is to head over to the ARCHON page that is to be found in the website of The National Archives at www.nationalarchives.gov.uk and is a list of all sorts of archives in the country. The lists include diocesan archives, regimental and many other depositories that have a bearing on social history and genealogy.

From the National Achives home page navigate to the Records page and then to Catalogues and Online Records scroll down until you see the link for Archon. you will now be given a list of areas in Britain to search each with its own link so we see North East, North West etc. Selecting the area that you wish to look up will take you to an A-Z of repositories and if you were looking for a county record office this will be listed there.

Click on the relevant list and you will now be shown the information that ARCHON has on the archive in question giving you opening times etc and a very useful link to the actual archive’s website. I say useful because this is where you are likely to find the most up-to-date information about when they are open, if they have any late nights or Saturday opening times and how to get to them by road, rail, or air.

The actual repository’s website will give you such information as to what types of ID they accept, whether they are a member of the CARN ticket scheme where with one card you can gain access to many Record Offices across the country. Also the low down on whether you need to book a microfiche reader in advance of your arrival etc.

Some archive’s even include their catalogue online, this being a very useful tool as you can find out, in advance of your visit, if they hold the documents that you are looking for and also it allows you to take a note of the “call numbers” for the documents. This will cut down on wasting valuable research time, when you first arrive at the record office and indeed you may be able to order up, in advance, the documents to be waiting for you.

ARCHON is a most useful internet tool for those of us who are thinking about heading to an archive to do some research offline and is one of the ways to go about finding parish records.

I will be looking at others in a future post.

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Family History Data, Should It Be Free?

There seems to be a trait among many family historians who all seem to want information to be available to them at the drop of a hat, for free and provided instantaneously as well.

Now, I’d like to raise an argument that this would seem to  defeat the object of much family history research. Is it not the thrill of carrying out a piece of detective work, in order to find an ancestor after ploughing through the databases online and then visiting the County Record Offices in person to read page after page of parish registers on the microfilm machine, that makes this pastime of ours fun?

Certainly, a good few newcomers to family history seem to believe that all they will need to is log onto the web, enter a name into a search box and they will instantly find their ancestors going back to Adam and Eve. Many do not think that they should pay anything for this, as if the state has some sort of obligation to give them the information on demand.

I don’t know if you have you ever looked into the searches that are carried out on the likes of Google for keywords? Take “family tree” as an example. I’ve noticed that the number of people typing in a search on how to get their family tree for free, was quite high. It would seem that some people express the idea that as its “their family” that they have some sort of right to be given the research.

When most of the newbies, to family history, find that they need to pay for a subscription to a website, in order to progress, they either descend into rudeness, or give up before they even get properly started. This latter scenario being an absolute shame, in my view.

From my website I offer a tips and tricks email which gives the people, who have signed up to my list, valuable free content. At the bottom of the email I often have an advertisement for my paid for products and it amazes me that I get aggressive emails back saying things such as “I’m not made of money you know”. To these people I would just like to humbly suggest that they enjoy the 98% of the rest of the email, that comprises the free tip, and just try to ignore the advertisement for my products at the bottom.  Do they have such a problem with commercial television, I wonder?

Expanding the discussion a little bit more, I’d like to bring in the arguments of the Open Genealogy Alliance – http://www.opengenalliance.org/

As I understand it, they are arguing that our public records should be made free to view online. They make the point that, in a large number of cases, many public records have now been licensed to private companies. These business need to make a return on their investment and so the public can only gain access to the data if they pay for it. The OGA are challenging this idea, saying that the digital versions of, what are, public records are effectively being privatised.

In my opinion there certainly needs to be some sort of balance, the record offices and archives are all facing up to the shortage of funds in the present economic climate and perhaps we should all make a bit of an effort to go out there, whenever possible, and visit the various archives more often. A vicious circle where they many have to cut their hours, due to less visitors coming to see them and reacting to spending cuts could see the record offices and archives closed or amalgamated.

Until absolutely every record is available online, a situation that is never likely to happen, then we family historians should stop expecting instant records to be available to us at our finger tips. And, what is more, I do think that we need to get out of depending only on our computer and just go out there into the world to find the information for ourselves. Believe me, it really is much more fun that way!

What do you think?

The National Archives at Kew
The National Archives at Kew
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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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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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Family Tree Research When Ancestors Have Common Names

Are you having trouble finding birth records for family members who have very common names? Have you tried to figure out which ones belong to you and which don’t using the census data but just can’t be sure you have the right people?

Often, when you can’t find records for a person, it can pay to take a step
back and sort of zoom out from concentrating on the one we can’t find.

By this I am suggesting that you take a look at that person’s siblings, if they
have any of course, and identify where theses other children of the parents of your difficult forebear were born. Once you have done this, you may be able to then trace the parents back.

It is worth looking at the census records for the streets around where your ancestor lived as sometimes families occupied houses quite near to each other. Sometimes they can even be living in the same road. Maybe clues can be had from investigating these parallel lines to your direct branch in the family tree.

It could be that you will need to go and search the Parish Registers in the County Record Office, for where your ancestor came from, to see if there are any leads to be had by looking at the microfilmed copies of the parish church records.

I have found that many of my ancestors were simply called John Thorn, which is pretty common in Devon!

I was in luck getting back one generation because my 3 x great-grandfather at least had a middle name of Branton. On doing some delving I found out that this was in fact his mother’s maiden name so I could find his parent’s marriage.

But John Branton Thorn’s father was simply called John Thorn (with no middle name) and he married Sarah Branton in a city centre church in Plymouth. The records that I have seen of the Parish register do not say that he was “of that parish” and indeed omit to say from which parish he was from at all!

I have had to put him on the back burner and concentrate on other lines in my tree, until I can find the time to go to Plymouth and check the primary source of-line records in the Record Office, such as the Bishop’s Transcripts etc.

Good luck in your research into ancestors with common names.

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Bankrupt Ancestors in Your Family Tree!

We all know that in today’s new economy people are getting themselves into debt. Worse still, for some, is the prospect of going bankrupt. It may seem that bankruptcy is a modern phenomena, well it isn’t. Getting into debt was also a common problem for our ancestors as well. As we all love a skeleton in the cupboard, just how can we find out if one of our family has had the problem to face back  in the Britain of the past? It would seem that we may be able to find out more online.

In my research into my family tree I remember chancing on some family notes that, on face value, seemed to identify one of my ancestors as having been a partner in a business enterprise that had failed. To start with I had had no inkling that my forebear, in question, had even been a merchant, so to learn that his enterprise had eventually hit the rocks was an interesting nugget of information in itself. As a bookseller, myself, and having read the Charles Dickins novel called Little Dorrit, which you will no doubt know is set in within a debtor’s prison, I wanted to find out if my own ancestor had faced being declared bankrupt.

In England, Bankruptcy goes all the way back to a statute of Henry VIII in 1542. The 1571 Bankruptcy Act brought about the idea that a bankrupt person would be able to settle their debts, by distributing what remaining assets they had, through independent commissioners. Up until 1705  the unfortunate debtor could never be discharged from bankruptcy and so the stigma would remain with them for ever!

Legally, Bankruptcy is a process in which a court official assumes charge of a qualifying debtor’s property so that a distribution can be made to the creditors of the debtor in a proportion to the sum that they are owed.

Only in the year 1869 was it that individuals who were not undertaking a business  of some sorts were able to become bankrupt. Before this date, ordinary people were known as being insolvent instead. These souls faced being sent to debtor’s prison and were not released until they had found a way to pay off their creditors. Bankruptcy, as such, applied strictly to people who were traders, that is those who bought and sold goods, or who worked some materials into things that they then sold.

District bankruptcy courts were first established outside of London from 1842. Then their jurisdiction passed on in 1869 to the County Courts. In the capital city the London Court of Bankruptcy was set up in 1869, before being absorbed into the High Court of Justice in 1883. Should you wish to find details of what’s available for you to search then I recommend taking a look at Access to Archives at http://www.nationalarchives.gov.uk/a2a/

Independent assessors, known as Commissioners, would determine if a debtor was eligible for bankruptcy or not. If they were satisfied that bankruptcy could take place, then they would publish a notice in the London Gazette declaring the debtor bankrupt. Also posted would be a list of potential creditors along with the dates set for meetings. The London Gazette’s archives are easily searched today on-line at www.london-gazette.co.uk. This is a fantastic resource  for any family historian hot on the trail of a bankruptcy. You are able to search the archives by date and name, then view a pdf image of the pages that your results have found. The London Gazette has been published since 1665 with a regular publication of bankruptcies stretching back to 1684 and also 1712 for insolvent debtors. Scottish notices can be found in the Edinburgh Gazette at : www.edinburgh-gazzette.co.uk

Family historians can locate case files for English bankruptcies at The National Archives in Kew, while Scottish sequestrations are to be found at The National Archives of Scotland. Unfortunately, for us, the majority of case files for England have not survived, but those that have are indexed on TNA’s online catalogue.

Other resources to consider are journals that published similar notices to the gazettes. These will include The Times; The Gentleman’s Magazine; Perry’s Bankrupt & Insolvent Gazette (1828-1861) and Perry’s Bankrupt Weekly Gazette (1862-1881). If you are looking for notices of bankruptcies in the County Court, then you will probably need to turn to local newspapers for the area in question. The British Library would be the place to look for these. Now we are also able to search contents of newspapers at http://newspapers.bl.uk/blcs.

Insolvent ancestors can be an interesting topic of research. Remember, however, that their hardship carried much more stigma than it does today. In modern times we can go into debt, declare ourselves bankrupt, or wipe out a huge chunk of our debt with the alternative Individual Voluntary Arrangement IVA. And yet none of us lives in the fear of being incarcerated in the debtor’s prison in the 21st century.

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