Tag: Testaments

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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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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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