Tag: testator

Posted on

How To Break Down Brick Walls in Family History

Nick Thorne, The Nosey Genealogist, Interviews:

8 Professionals And Their Brick Wall Busting Tips For Researching English/Welsh Ancestors.

 

Break Down Your Family History Brick Walls
Family History Brick Wall

 

How do you break down a brick wall and find those elusive ancestors?

A problem that most of us have had; so I lined up eight experts and asked them to give you their top tips for carrying out English/Welsh family history research! The result is a  FREE download audio file that I am making available to you here.

Audio file
MP3 Audio File

These knowledgeable interviewees include practising professional genealogists, with years and years of experience to offer.

Yet others are from the very highest levels of the online data provider companies, like Ancestry and TheGenealogist.

Listen to the download and learn some plain tips that will simplify the often confusing business of researching English/Welsh ancestors. I am going to give you access to these eight professionals so that you can use their advice to break down several brick walls that you may have.

So who are these experts?

 

1. Anthony Adolph – Professional Genealogist, Author and Broadcaster starts of the recording with three tips that he thinks anybody researching their family tree should do. His advice will take you back to basics, but sometimes that’s what we all need to hear. So often we are far too keen to make leap forwards and forget the tried and trusted route.

 

Anthony Adolph, Professional Genealogist, Author and Broadcaster
Anthony Adolph, Professional Genealogist, Author and Broadcaster

 

2. The Family History Society Expert. I recorded these interviews at the Who Do You Think You Are? Live show 2014 where many top family historians gather together once a year.

Its here that the Society of Genealogists set aside a special space where family history experts sit at tables and offer an advice-surgery for members of the public who have brick walls. This next lady was one of those very experienced individuals chosen to give others her help. I managed to get her to give a quick couple of tips about listening to relatives and what use to make of photographs.

 

3. The Association of Genealogists and Researchers in Archives (AGRA) Member. What would the advice be from a professional genealogist practitioner?

Well as many serious professional genealogists belong to this association, I headed over to the AGRA stand and asked a member for his research tips. Points he brought up included the information on documents being only as good as that given by the informant and what to do about conflicting data. There is more to hear in the full interview that you can download here .

 

AGRA Member
Member of the Association of Genealogists and Researchers in Archives

 

4. Families in British India Society (FIBIS) Expert. In family history we often have to think a bit outside the box. Well have you considered that your missing ancestor had moved abroad? With 3 million Brits having gone out to India then if we have a missing forbear it could certainly pay us to take a look at the records from this part of the British Empire. Its not just soldiers, the list of people who went out to work there is long as we hear from this FIBIS expert.

 

5. Celia Heritage – Professional Genealogist, Author and Family History Teacher introduces us to an often under used set of resources in her piece: Death Records. She explains how to use these records to flesh out the bones of our ancestors lives.

Celia is an excellent and knowledgeable speaker and you can just hear the passion that she has for her subject as she dispenses some gems of advice in the free downloadable audio presentation. Its not just death certificates that Celia brings to our attention in this part of the recording!

 

Celia Heritage
Celia Heritage. Professional Genealogist, Author and Family History Teacher

 

 

6. Dr Ian Galbraith – The National Wills Index explains about one of the best single major sources for family historians when I asked him to talk about Wills and Administrations for this audio.

Ian  explains why wills can be an important resource with an average of 10 names per will and with half of them being different from that of the testator. Many people are surprised by the fact that all sorts of people left wills, but you won’t be when you have heard the full  interview.

 

Dr Ian Galbraith
Dr Ian Galbraith from The National Wills Index

 

 

7. Brad Argent – Content Director for Ancestry advises family historians to drill down for the information in the online databases in his contribution to the recording. Brad suggests we use the card catalogue to seek out data sets and then use the advance search facility of “exact”, “soundex” and “wildcards” when we are on this large data provider’s site. His advice is compelling.

 

Ancestry's BradArgent

 

8. Mark Bayley – Head of Online Content at TheGenealogist, a site that gives really fantastic value and a very wide range of data, introduces us to a great name-rich resource recently published by TheGenealogist, in association with The National Archives.

What is this important resource for England and Wales?

It is, of course, the Tithe collection.

Mark Bayley, Head of Content at TheGenealogist
Mark Bayley, Head of Content at TheGenealogist

I have been using this set recently to great effect with my own rural ancestors and so I have included a module in my Family History Researcher Guides about the tithes.

The beauty of this data is that it includes both sides of society, with landowners and tenants being recorded and giving names and addresses. As a pre-census data set it is hugely valuable to us! Listen to Mark explain about these exciting records in the  free recording you can download now by clicking the link below.

 

 

The advice given by my 8 expert interviewees can be listen to by downloading a FREE audio file to your computer here.

Now you may be asking why I am doing this for free?

Its because I want to introduce you to a set of guides that I have put together. A series of pdf modules that takes the information I gleaned at Who Do You Think You Are? Live and incorporated it, along with much more content into a year’s worth of weekly written guides.

There are extra contributions from various other professional experts who have penned some of the reports, as well as those modules written from my own extensive experience.

I am guessing that, if you have read this far, you are interested in English/Welsh family history and that you have hit at least one of the inevitable brick walls. The solution is to understand more ways to find your ancestors.

So if you would like to dramatically increase your knowledge then I think you will enjoy being a member of my Family History Researcher Guides. This is a 52 weekly series of guides written in an easily accessible form and you can take a two week trial for just £1 by going here:

www.FamilyHistoryResearcher.com/trialoffer.

But STOP! First go and download you free audio of the:

8 Professionals And Their Brick Wall Busting Tips For Researching English/Welsh Ancestors

I’ll include a link to my Family History Researcher Guides on the thank you page!

Nick Thorne
Join FamilyHistoryresearcher

Send to Kindle
Posted on

National Wills expert gives us some great family history tips


At Olympia I caught up with Dr Ian Galbraith from the National Wills project and asked him to give us a few tips about what people should do if they are searching for will records.

“Well the big problem with wills is you can not always tell where the will might have been proved.” he said.

“If you know your ancestors came from a certain place you’ve gotta fix on where their birth records might be, marriage records maybe where they died. With a will although in most cases you probably have an idea where it is. Wills did get proved all over the place, maybe very far from  where you think.

“So when you’re trying to find a will you might go for the obvious places and find there’s nothing there. That doesn’t mean to say that there isn’t a will that’s been proved somewhere else. So it means that if you want to unlock the value of information which is in wills.

“I mean wills are one of the best single sources for the family historian.

“To find it you really need to have access to an index which covers the whole country not just individual counties and that’s what we’ve been trying to do and we’ve got coverage of virtually every county in England.

“Its not complete yet for every county but its the single biggest set of indexes for English probate records.

“That’s complimented also by an increasing collection of digitized images of wills. For example for Oxfordshire, Cheshire, York and a lot of abstracts of wills. Now abstracts make it a lot easier sometimes to find out what’s in a will because somebody else has done the hard work of reading it and transcribing it. They may not put all the text in there but there’s an awful lot of legalese and what they left to the church for candles and so on, masses to be said. But the salient stuff…what they left and to whom they left things that’s in the wills and they are enormously rich things.

“They give you a huge access to the families and the friends of the people who died because they will name them as beneficiaries; so a typical will will contain an average of ten names of other people besides the testator and probably at least half of these people will have different surnames
from the testator.

“So once you get into a will you can suddenly find you’ve got an awful lot more information than you started with. Other leads to follow up. It comes back to the issue of finding them in the first place.”

“Great!” I said, feeling that we had got an enormous amount of useful information from the interview. “And so your website is part of the origins.net?”

“Yes.” he replied. “Yes, Origins.net has been around now for oh, the best part of fifteen years but, erm, we started to concentrate on probate records about five years ago. We already had a reasonable collection but we realized that this is something that we really wanted to look at seriously, because it was one of the big problem areas.

“Births marriages and deaths, parish registers; yeah, there are lots of sites you can go and get really good collections of these. Census records, yeah. Now these are the primary places you’re going to look. You’re going to look at census, you’re going to look at Births, Marriages and Deaths. But where do you go next?

“And one of the major places, perhaps the most important single place to go next is wills; if you can find them.  And bear in mind also even if your ancestor didn’t leave a will there’s a pretty high chance they’ll be mentioned in the will left by somebody else.

“So so don’t worry, oh my ancestors didn’t leave wills. Not true! All kinds of people left wills. They can be very poor and very rich. It is not just the rich who left wills. Some wills you wonder why. This guy’s got nothing but he’d still make a will and leave it to his relations or to his friends mentioned by name.

“So it really is well worth looking into wills.”

“Great; thank you very much. That is very useful.” I said. “Thank you.”

 

 

One of the modules in my popular course in English/Welsh Family History looks at will records. Want to unravel the tangled roots and branches of your family tree?

Become a more knowledgeable researcher with this course.

Join Family History Researcher

Send to Kindle
Posted on

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.

Send to Kindle
Posted on

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.

Send to Kindle