Tag: testament

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Devon Wills 1164-1992 Free online

A will and testament from the 19th century
A Will from the 19th century, online
This week I was pleased to see that Origins.net had released some fully searchable additional Devon Wills from between 1164-1992 for FREE online.
Their updated index now includes over 300,000 Devon probate records from over 60 sources, which is good news for those, like me, with Devon Ancestors.

This index has been created as a combined project by Origins.net and the Devon Wills Project to compile a consolidated index of pre-1858 Devon wills, administrations, inventories, etc. Many Devon probate records were destroyed by enemy action, when the Probate Registry was destroyed in the bombing during the Exeter Blitz in 1942. Thus the aim of this index is to create a finding-aid to enable the researcher to determine what probate materials were originally recorded and most importantly what documents have survived and where they can be located.

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Researching Scottish and Irish Ancestors

 

I’ve notice in my post bag a few of my correspondents asking for help with Scottish and Irish Ancestor research. For some it would seem that all the advice is very English centric and so today I thought I’d write a short piece for those beginning to look in Scotland and Ireland.

Scotland, in comparison to England, can be a simpler place to look for vital records because of the long established Scotlandspeople website that allows us to browse for records for free and then download the image on a pay as you go basis. You can, therefore, get access to not only the Scottish census records, but also Scottish wills, birth certificates and death certificates.

The Statutory Index, on this site, has entries from the indexes to the civil registers of births, deaths and marriages for all of Scotland, as far back as 1855 up until 2009.

The Old Parish Register Index, on the other hand, contains the entries of births & baptisms, banns & marriages and deaths/burials from the church  registers of some 900 parishes of the Church of Scotland from between 1553  and up to 1854.

The Census Indexes are name indexes to the 1841, 1851, 1861, 1871, 1881, 1891, 1901and 1911 censuses for all of Scotland. You will be able to find that each index entry will list the surname, forename, sex, age, registration district and county of the people of this part of the U.K. while the 1881 census index entries additionally contain the address.

The wills and testaments index, that can also be accessed here, contain over 611,000 index entries to Scottish wills and testaments dating from 1513 to 1901. Each index entry lists the surname, forename, title, occupation and place of residence (at least where they have been given) of the deceased person, with the additional information of the court in which the testament was recorded, along with the date.

The Coats of Arms Index, is another database on the Scotlandspeople website and this contains entries from the Public Register of All Arms and Bearings in Scotland from 1672 to 1907. Each index entry lists the full name, date on which the arms were granted, and the volume and page number in the register.

A point to remember, when researching in Scottish old parish records, is that the Established Church north of the border is the Church of Scotland. As a Presbyterian denomination they do not have Bishops and hence, unlike in England, there are no Bishop’s transcripts to act as a back up should you not find the record you are looking for in the parish register.

Kirk Session Records are the equilavent of the Parish Vestry records south of the border and these are all digitised and made available in Scotland at county record offices with the plan to have them online in the future at Scotlandspeople.

Scottish marriages can be of interest to English families whose ancestors ran away to partake in an irregular border marriage when Lord Hardwicks Marriage Act of 1753 compelled English marriages to be in Church of England churches unless it was a Quaker or Jewish marriage. In Scotland a couple could declare themselves to be married and to find a pdf on the extent of irregular marriages and where the current location of the records are, visit www.gro-scotland.gov.uk.

 

For Irish ancestors www.rootsireland.ie is a good place to start your research, while www.irishgenealogy.ie has coverage of other counties.

It is often said that Irish Family Tree research is very difficult and time-consuming and one of the main reasons is that there are a lack of records. One major missing plank is the lack of any complete Census records before 1901.

For this reason any records that have data within them which had been taken from the Irish Census are obviously of vital importance in Irish ancestral research.  One such source of this data is the Old Age Pension Claim Forms held in the Public Records Office of Northern Ireland (P.R.O.N.I). These give researchers absolutely essential information from the 1841 & 1851 censuses for Northern Ireland & Co. Donegal. Similar records are held by the National Archives in Dublin. These here are referred to as Census Search Forms and they contain the same essential information as the Northern Irish ones but cover the whole of Ireland, including some additional records for Northern Ireland

Researchers from www.ireland-genealogy.com have spent two decades transcribing these hand-written pension claim/census search forms. In some cases they are difficult to read and are in no particular order while the records held by P.R.O.N.I. are not indexed.

Their database allows a researcher online to search these records easily and so will save you both time and money. All you need to do is enter the surname you are researching and from the list provided decide which records you think relate to your family and then just click the order button.

As they point out on their site, these  records were hand written, and so in many cases the handwriting is very difficult to decipher; this coupled with the fact that much if it was written in pencil resulting in some words or letters having faded before the transfer to microfilm, has made the job of transcribing particularly difficult. Ireland-Genealogy.com  have not corrected spelling mistakes nor have their transcribers tried to amend anything that may not make sense. They have simply transcribed all of the information contained on each form. When they were in any doubt about whether or not they were reading a particularly untidy or faded record correctly they have put a question mark. A question mark has also been used when it was impossible to read.

Findmypast.ie

Recently we have had the very welcome addition of Findmypast.ie to the family history fold. This site collects together birth, marriage and death records and so features details of over 400,000 births, baptisms, marriages, deaths and burials from Ireland covering the whole island of Ireland and include over 150,000 newspaper obituaries and four indexes to wills, dating back as far as the 13th century. Many of these records are particularly interesting as they include more than just names, they also feature addresses and occupations. Vital records often make the best starting point for researching your Irish family history.

At findmypast.ie they have almost 150,000 names in census substitutes to help you fill in those missing gaps from the destruction of the census. You’ll find fragments dating from 1749 to 1901, as well as 19th century electoral registers. Anyone researching their 19th century Dublin ancestors will find a wealth of information in the 1851 Dublin City Census, which includes names and address of approximately 59,000 heads of households. We can also access the 1749 Census of Elphin, which lists all households, names of household heads, their addresses, occupations, numbers of children, adults and servants, by age and religious denomination – a remarkable document for such an early date. The Dublin City Census 1901: Rotunda Ward details 13,556 people residing in 1,334 properties across a 67-street space of the Rotunda Ward area of the city.

There are many other data sets including Land and Estate, Court and Legal, Military and Rebellion, Travel and Migration along with Directories dating back to 1814.

Take a look at this great website now by clicking the image below. (This is a compensated affiliate link.)



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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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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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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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