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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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Family Tree Research is Big Business!

While I was taking a break from researching my family tree I took a look at a finance site this morning. My attention was drawn, because of my interest in Family History, towards a report on Investors.com about a stock that’s been one of the market’s big winners during the past year and a half in the USA.

Read more at:http://www.investors.com/Education/DailyStockAnalysis.aspx?id=576677

It is, of course, Ancestry.com Inc. the group of family history web sites, including Ancestry.co.uk, that many of us use or have probably used in the past to dig into our family tree and dig up things like births, marriages and deaths, census record and more. It became listed in November 2009 and so it is considered to be relatively new to the market.

But already Investors.com reveals that:

” … a lot of people seem to be interested in that information. Sales growth ranged from 36% to 41% during the past four quarters.
* Earnings growth has had some big swings, but came in at a hefty 125% last quarter.
* Looking ahead, analysts see earnings rising 51% this year and 30% next year.
* The stock’s Relative Strength Rating is 96. That rating compares Ancestry’s price performance to the rest of the market. So Ancestry is outperforming 96% of the other stocks in the market.
* Still, its Accumulation/Distribution Rating is a D-. So some big investors have been selling the stock.”

All this shows that, across the world, people like us are so taken by the Family History bug that we are willing to spend money in the pursuit of our hobby.

Now I know, from feed back on my blog and on my facebook page, that some people believe that the subscriptions to sites like these are getting out of their reach. It would seem that the Israeli owned MyHeritage may have understood this trend in the market as it is reported on another website I found called Businessinsider.com, that they are developing a way to share the costs of subscriptions to their site.

MyHeritage, which makes it money from advertising as well as premium subscriptions has a quite clever way of getting family history researchers to pay for premium subscriptions to its site and that is to encourage your friends and family to chip in.

According to Business Insider:

“You can create a “Family Goal” to encourage other family members to subscribe.

This has some precedent, in different ways, in online fundraising campaigns, which encourage donors to reach a goal, and in group buying. Obviously it makes sense in a genealogy site, where a family may be involved in matching their heritage, but it can also make sense for any site that is used by a group (for example a group publishing platform).

It’s a clever mechanic, and it will be interesting to see whether it works for MyHeritage and whether other social sites implement something similar.”

Read more: http://www.businessinsider.com/myheritage-social-payments-2011-7#ixzz1RyYprp7U

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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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Researching family in Jersey, part 9: photos, newspapers and books

To wrap up the series, there’s a miscellany of other potential avenues that are worth exploring.

First of all, there are photographs. If you have family photos you will almost certainly have cursed the elderly relatives who put them in an album and then never got round to labelling who, what and where they were. But… there are some useful tricks to use.

First of all, scan the photograph at the highest resolution you can. If you can be sure the photo was taken and developed in Jersey, you may be able to identify the firm who developed it. A gentleman by the name of Richard Hemery has put years of work into this, and for some of the better known photographers his efforts will allow you to pin the photograph’s date down quite well.

Halkett Place, St Helier, JerseyThis particular photo is a neat example. Richard’s work tells us there were only two firms who put reference numbers on the front of prints, both operating in the 1930s. But there’s more: a high-res scan picks up the name Le Riche over the shop awning behind and left of the lady, and also makes the colonnade on the right clearer. That pins the location down to Halkett Place by the Central Market, and the date has to be after 1932, when Le Riche’s (a long-established island grocer) opened their shop there.

 

“Ah,” you say, “but I don’t have that depth of local knowledge”. But other people do. The Société Jersiaise run an online photographic archive: two of their members are currently going through the massive task of cataloguing every Jersey picture postcard in existence. Talk to them: they could have the information to fill in some gaps. Or use the libraries (see below)

In addition, there’s what the newspapers may have said. The first newspaper on Jersey was published in the late 18th Century, and there have been a number of different publications since, right down to the Jersey Evening Post (usually referred to just as the JEP) of today. The JEP has always been a very parochial paper in the better sense of the word: it reports everything and anything that goes on. If your relative was a prominent member of a local church or a schoolmaster or a farmer, it’s quite possible that they’d get a respectable tribute from the JEP when they passed away.

The central Library in Halkett Place has a very comprehensive collection of microfilmed newspapers – they’re up on the first floor. You need to book a reader – it is worth doing this in advance, particularly if you want the one that will print to paper. E-mail je.library@gov.je and they will sort things out.

While we are talking about libraries, there are collections of reference books at the Coutanche Library (the NoseyGenealogist will be releasing a film guide to what they have shortly) and smaller collections at both the Archive and the Central Library to supplement your knowledge of Jersey’s history and culture.

This is of necessity a scratch at the surface of family history research. I hope you’ve found it helpful. Happy hunting, and – À bétôt!

 

Guest blog by James McLaren from the Channel Islands Family History Society

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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 6: using the rates listings.

There are not many places where the contribution you make to property rates is public knowledge, but Jersey is one of them.

In Jersey rates are paid in two parts: one part is paid by the owner of the property (the foncier rate) and the other is by the occupier (mobilier rate). There are sets of rate books in both the Archive and the Coutanche Library covering about a century up to 1965, plus some more recent data as well (ask for Taxation du Rât)

Jersey Taxation Du Rat BooksThese aren’t the easiest of documents to use, because the listing is an alphabetical list of ratepayers in each vingtaine (a vingtaine is a subdivision of a parish; the smallest parish (St Mary) has two, while St Helier has seven).

Ideally you need a detailed map of Jersey and a lot of patience – but the listings can be very rewarding. They will indicate whether someone owns a property or not: they can also indicate something about the condition or size of the property (someone paying 5 quartiers of mobilier rates a year is going to be living more modestly than someone paying 20 quartiers a year. It’s also indicative, at least to some degree, if the person you are researching is not on the list of ratepayers – that would indicate someone who was probably in a shared tenement and fairly low down the pile (because this became a lot less common as slum housing started to be replaced in the 20th century). Some of the parishes also published lists of people with dog and/or gun licences alongside their rates.

The existence of the rates books is also very handy in tying movement down. I knew that my wife’s family moved from one address to another between the 1891 and 1901 censuses: the fact that they suddenly started paying rates in 1896 or so pinpoints the move more exactly. Equally, my second cousins had a hotel in Grouville, but they disappear from the rate books in about 1905 – only a year after the owner (to whom one of them was married) died.

Property owners have to acquire their property, and next time we’ll be looking at what you can get from Jersey’s land registry system. 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 5: Nailing down dates without certificates

Jersey Archive
Jersey Archive

As I mentioned last time, there are occasions where you find something in the BMD indexes and you can’t get to Royal Square in time to see the certificates. But there are two sets of data in the Archive that can help you to nail dates of marriages and deaths down.

The first is what is referred to as the “third copy” of the marriage registers. Individual parishes maintain their own registers and then send copies of the certificates to the Superintendent Registrar to compile the full volumes. However, in between the two the Superintendent Registrar maintains draft registers – and it is this that the Archive now possesses.

To access the draft registers, you need to use the Reference search facility on the OPAC. The collection reference you need is D/E: this will get you to the top of the collection. Reference D/E/B covers the third copy, and you will find that it’s divided into individual collections from specific Church of England churches and general collections of nonconformist and civil marriages from 7 parishes. It’s not quite a complete set, but the vast majority of material is there and you will find that most of the time there is at least some degree of correlation between the indexes and the draft registers.

As far as recording deaths goes, the simple answer is that there will almost always be a burial shortly afterwards. There are two ways that you can attack this problem: one is to look at the records kept by the cemeteries, and the other is to check the funeral directors. Cemetery records exist for two of St Helier’s major burial grounds – Almorah and Mont à l’Abbé – between about 1860 and 1950, and there are also records for some of the other burial grounds around the island including Macpéla, the non-conformist cemetery at Sion Village. These are all in folders in the reading room. One cautionary word: women are indexed by their maiden name only (although the married name is given).

The Archive also received a major deposit from a local funeral director the other year, containing records of seven of their predecessor companies, some of which go back to about 1820. Again, you’ll need to use the OPAC’s Reference Search, and this time the collection reference is L/A/41. Be aware that for any given period you may have to look at two or three different companies’ books – but feel free to enlist the help of the volunteer from the Channel Islands Family History Society if you need advice. These records are fascinating, because they will tell you not only who was buried when, but how – the relative spends on funerals vary from parsimonious to lavish – and also who paid for it.

Death is one of the great certainties in life: taxation is the other, and we’ll take a look at that next time. Until then – À bétôt!

Guest blog by James McLaren from the Channel Islands Family History Society

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