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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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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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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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Irish Family History Research Just Got Easier!

Ireland-Genealogy on the webIt’s a well known fact, in family tree research, that Irish family history is more difficult to do, than that of Ireland’s near neighbours, because of a lack of information and the deficiency of census records pre 1901. But this week I couldn’t help but notice several press releases about how three different websites were going to be able to ease that problem for family historians.

Back in March I spotted that Ancestry (www.ancestry.co.uk) had, for St Patrick’s day, updated its Irish Collection. This Ancestry said at the time was “the definitive online collection of 19th century historical Irish records.” It would, they said, make it easier for the nearly one in five Brits of Irish descent to explore their heritage.

In total, there are now more than 35 million historical Irish records on Ancestry.co.uk, including two million comprehensive new and upgraded records from the critical periods prior to and following the Irish Potato Famine (1845-1852), the single most significant event to drive 19th century global Irish Diaspora.

Next, I came across the news about a smaller enterprise called Ireland Genealogy (http://www.ireland-genealogy.com), this being a fascinating new web site for anyone doing Irish family tree investigation. It has its own database of Irish Pension Record applications, that enables you to lookup information extracted from the missing Irish Census and claims that this will help a researcher save both cash and time.

Their research workers have spent twenty years copying all these written pension applications (green coloured forms) and so giving us access to critical data from the 1841 and 1851 census records for all of Ireland. These pension public records are kept in the Public Records Office of Northern Ireland (in Belfast) and The National Archives, where they are available on microfilm, but this means that they could be quite tricky to understand as they are in no specific order. What is more, the records data held by P.R.O.N.I. are not indexed, adding to the difficulty of doing your research.

Ireland Genealogy claims that their database, of those pension applications, enables you to now look up this information with ease.

The third Press Release, that caught my eye, was from Brightsolid about the launch of their new website www.findmypast.ie on to the web. With online access, from the start, to over 4 million Irish records dating from 1400 to 1920s and the promise of over 50 million records to be available in the first year to eighteen months, this is a welcome addition to the findmypast family.

There are approximately 80 million people worldwide, who claim to have Irish ancestry, with just over half of this number (41 million) being Americans, the limited resources previously availble to them, to connect with their past, may at last be being redressed.

Findmypast.ie claims that they will carry “…the most comprehensive set of Irish records ever seen in one place, going back to 1400 right up until the 1920s, including the Landed Estates Court Records, the complete Griffith’s Valuation of Ireland and the Directories collection.” They will be offering high quality images of records on this site.

With the addition of these three resources, online, it would seem that Irish family research just got a bit easier.

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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 7: Property Records and PRIDE

A Jersey Property Deed by Nick Thorne
A Jersey Property Deed

Establishing who owns land or a house on it is important, and pretty well every country has a land registry. Jersey’s is small but perfectly formed because every property transaction goes before one single body, the Royal Court. Apart from a small number of mid-17th century transactions, records are complete back to 1602. The first 150 years of records are on paper, but everything subsequent to about 1800 has been scanned and indexed into a computer system called PRIDE. There are two terminals at the Archive. One is upstairs in the reading room, the other is downstairs in reception – which is exceedingly useful as it can be used between 1pm and 2pm when the reading room is shut. You will need a member of staff to log you on.

PRIDE has a very simple search interface, and for most purposes you need a name to investigate, but it can be a hugely useful tool. Not only do you find sales of property, but after 1841 you will also find wills and details of partages – arrangements which exist to deal with the complexities of Jersey’s Norman-based system of inheritance.

You will also find details of rentes. Rentes are a little like a mortgage – you agree to long-term instalment payments in return for a capital sum – but unlike modern mortgages they are theoretically perpetual, and they can be inherited or traded between individuals, although there are very few left today. Also on PRIDE you will find details of procurations – in other words, appointments of attorneys to act on behalf of an individual – for more recent times.

If you start in modern times – after about 1980 – you can search properties. Any sale contract has to include a recital of title – in other words, who the seller acquired the property from and when. If you are fortunate it is then possible to work back up the chain…

Even if you don’t understand all of the legal niceties, PRIDE can still be hugely informative. A search for Philippe Du Feu threw up a document dated 1826. It didn’t actually concern Philippe so much as his wife Elizabeth Amy: the Amy family had created what we call a partage des heritages to ensure that the five daughters were provided with money for homes by their brother who had inherited the estate. In doing so the document gives us the names of all of Elizabeth Amy’s siblings, the names of their husbands (if they were married at that point), her parents, her brother’s grandparents and several aunts and cousins. None of that detail is on the Du Feu family tree. And study of the contract itself could give a great deal more information to the family historian – how generous the settlement was (or wasn’t) could indicate the social standing of the family.

Next time we’ll be looking at military records. 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 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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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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