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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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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