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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Surname Research in British Family Trees

I’ve heard tell that there are over 25,000 different surnames in use in the British Isles today!

When you consider that, until the medieval times, most people would not have had a hereditary last name, this does seem quite a variety. And yet, in family history research, there is the perennial problem of how to research a common surname, indicating that for some of us there would perhaps be a preference for even more examples of surnames to have been added to the total.

If we were to go back to the time before the 11th century, then most of the population of these isles were known by a personal name, or nickname and would not have possessed a surname. The church would have baptised them with Christian names, usually those of a saint, as this was of more concern to the ecclesiastic authorities.

It would have been as a result of the arrival of written documents, in the 11th and 12th centuries, that the need for people to be identified more precisely would have led to the gradual adoption of surnames. The problem associated with the use of nicknames was that they were not fixed. A person could be known by several during the course of their lives and so this was not conducive to the operation of a bureaucracy.

Most surnames fall into one of six types.

There are the Place names derived from towns, areas or perhaps a farm. So we assume that the ex-Formula 1 racing driver, Derek Warwick’s name comes from the town in the Midlands.

The second type is taken from a physical feature. So we have such names as Hall, Westlake, Thorn and my parent’s next door neighbours the Underwoods.

Thirdly there are the surnames that owe their origins to a nickname, or physical characteristic. The likes of Large, Long, Short etc. fall into this category.

Johnson and Richardson are example of the fourth type; those that are from family relationships. Mostly these are from “son of…” but I have to say until I started doing a little research I was unaware that there are some derived from the maternal line, thus the son of Matilda is Tillotson.

A fifth type to consider is that of an ancestor’s occupation. so we have Cooper, Smith, Archer and Baker, to name but a few.

Lastly there are the surnames that are derived from forenames. Alan, Stephens

But this is not all, because there are the surnames that have entered common use in this country that are from elsewhere. So in England you have Scottish, Irish, French Huguenot and Jewish surnames all established and quite common. What is more, surnames may have had several different origins and may have evolved over time, so making the precise definition very difficult.

Surnames may be important to our family history research, but it should be remembered that they are an imprecise science. While many of them may be quite local and remain so even to this day, the chances are that your ancestors moved from their place of origin and so making it more difficult for you to tie them down. It is, therefore, very unlikely that a surname will be able to pinpoint a family’s origin, except in the case of a rare name which owes its existence to a particular location, where the name itself is very common.

Names changed over the years for a variety of reasons, some because the holder was illiterate and it was interpreted to be spelt in one way or another by the vicar, some changed because the holder decided to change it. I am fascinated why my surname, Thorne spelt with an “e” only goes back to my 2 times great-grandfather who in the 1861 census is without the “e” and yet in the 1871 census is with!

So while we all have surnames today, it is by no means certain that yours has not changed through time.

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Tracing Ancestors With a Common Surname

Online-Old-Parish-RecordsThe problem of tracing an ancestor, with a common surname, is one of those brick walls that many of us come up against in our family tree research. When it occurs after the introduction of state run vital indexes, in 1837 for England & Wales and eighteen years later, in 1855, when Scotland adopted the idea, it can be difficult to find the exact person that is our forebear, but at least we have a central index to search. The Crown Dependencies followed suit at different times again, so you will see civil registration introduced into Guernsey in 1840, Jersey in 1842, Alderney in 1850 and Sark in 1915. The Isle of Man beginning compulsory civil registration of births and deaths in 1878 and then marriages in 1884.

But what about searching for a Smith or Jones in the years pre-civil indexes? If you are expecting an easy answer I’m afraid I am going to disappoint, as common surnames do present us family historians with great difficulties to overcome. Having said that, however, all may not be lost.

If the ancestor in question has an unusual first, or middle name, then this may help you enormously to single your likely candidate out from the others. In my own research it was not the actual man I was trying to track down who had the unusual middle name, but his son. I had already made the connection to John Branton Thorn via the prime sources and knew him to be my ancestor. I was now on the trail of five or six John and Sarahs who were candidates for his parents, according to his baptismal details. So which of the various John Thorns who married a woman whose first name was Sarah in various parts of Devon jumped out as a strong possibility? It was the one where the bride’s surname was Branton.

The advice I have been given is to try to tie the person with the common name to one with a less than common one. It could be their wife, a brother or sister and so on and perhaps it is an unusual first name, middle name, or maiden name you can use.

If you are not able to find your ancestor for certain in the church registers, then always remember that the Bishop’s Transcripts may possibly harbour more information than the register did. It is not a certainty that it will, but it is worth a look.

Try using Wills and Admons to see if you can find the possible parents (or a brother, sister or other relation) naming your ancestor as a beneficiary.

Another point to be aware of is that even with a less common surname there can be many problems to overcome in family history research. As spelling of surnames varied so much, until the mid 19th century or later when they became more fixed, and with many of our ancestors not being literate, the clergy often recorded the name as they thought they heard it and so a regional accent is probably responsible for one line of my ancestors being recorded as Sysal, Sissell, Sissill and Sizzall in the church records from 1780 to 1798.

If the person you are researching was born in the years just before civil registration began, but was likely to have died after the death registers began, how about looking for them in these records. You can also use the church burial records, if you know the parish they died in. What about trying the National Burial Index? If you just have a first name and a common surname I grant you that this is not going to be much help to you but if you know the place that they lived then you may be able to narrow down you likely forebears.

On the subject of places, some names can be very common in one area, for example Thorn/Thorne in Devon, but a common name may not be so common in another place.

Advice that I have seen given on other blogs and forums say that you should:

  • Learn as much identifying information as you can about the ancestor you are researching.

So look for family bibles, they can list the names of children. Think about whether there are any other records for the district where your ancestor lived that they may have been recorded within? Taxes, land records, muster rolls, etc.

  • Make a chronology of the ancestor’s life if you can; where did they live for the various events in their lives? Can you identify the street, the town or hamlet for the significant moments in their time-line? If you can then you have a framework to work with.

Common surnames are certainly a problem for family history researchers trying to populate their family tree and sometimes there will be no easy answer. Persevere, however, as more and more records become available there is always a chance that your ancestor may be within one of them.

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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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Distant Cousins Help to Populate My Family Tree

As my family tree research has moved along, I have been very lucky in receiving a helping hand by several distant “cousins” who have been nice enough to share with me information on mutual ancestors. Like me, they were independently researching the same, or sometimes collateral lines of  our shared family. The input these kind folk have given me has often boosted my research and propelled me so much further forward in the quest to build my tree. There is some pleasure to open my email program and find the subject line includes a last name, from one of the various family branches I’m researching. You may be wondering how you could start to get your own fellow researchers to contact you?

1.Enter your ancestors into a family tree on-line. I have used the facility at websites such as GenesReunited and Ancestry (Disclosure: these links are compensated affiliate links) to upload some of my ancestors into the family tree facilities provided by these sites. A benefit here is that you don’t have to give out your email if you don’t want to, as you get messages via the website that allows you to decide to contact the person or not.

Ancestry

2. Set up a simple website. This has been my most effective way of receiving contacts. Initially I signed up for a free website hosting and simply purchased the domain name for a few pounds/dollars a year. I then got a free website builder that didn’t need me to know any HTML code as it worked in a What-You-See-Is-What-You-Get manner. I posted a page with a few facts and some photographs on each branch and added a picture of my very minimal, at least that time, tree. As I grew more proficient I split the lines into several pages, one for each branch. When I went visiting the areas, where my ancestors had lived, I took photographs of houses that they had lived in, work places, schools that they had attended and so on. Next I published some pages in a short narrative about the trip. I then posted links to my site on a few websites that allowed me to do this, for example some forums will if it is not a commercial post.Eventually the Google search engine found my website and so now it has become easier for surfers to find it when looking for Thorne, or Stephens or Hay families. So what about the threat of spam to any email address that is published on the Internet? In order to prevent my main email becoming bogged down with spam I set up a separate email on my website domain, e.g name @ mydomain. com and then added a new identity in outlook express. I now have two email addresses so keeping my private one away from the spammers.
3. Get blogging. I chose to set up a WordPress blog on my existing website as an add on, but Blogger is an alternative that I have seen used. You may decide that, instead of adding a blog to a website that you go down the route of a blog on its own. To many this is the simplest way to get a web presence. You are able to host it on the blog provider’s platform. Better still, as you retain the copyright for anything you publish, register a domain name of your choice and get some web-hosting. Now all you need to do is set up the blog on your own hosted website. You don’t need to have other pages on the site if you don’t want to.
4. Join social networking sites like Arcalife, or We’re Related, or Ancestral Maps.
Arcalife combines the ability to share family trees with connectivity. It is heralded as a facebook for family historians. It is still under development but looks like it is going in the right direction.
We’re Related is an application that is not meant to be a full featured family tree software package, though it has got several features of that kind included. The idea behind it is for you to be able to share basic family information with anybody you choose.This should allow you to find your relatives on Facebook, keep up with your family, build your family tree and share news and photos with your family. They hope that in the future the application will allow us to share memories about ancestors with our family, compare our family tree with our friends on Facebook and so to see if we are related.
Ancestral Maps is an exciting new website that allows family historians to plot events and locations relating to your ancestors’ lives on maps. The idea is to then share these with others who are members of the website. It sounds like it could grow into a most useful site as it attracts new users.
So if you want to speed up your research and make contacts with distant cousins then I can’t recommend enough these strategies. The bottom line is that the world wide web has made it much easier for us to make connections with fellow researchers but to do this you need to set up a means for them to find and contact you.
A word of warning: Never take what is shared and publish it without asking. If someone has put in 20 years research on their family and shares with you the benefit of their work, for you to go and add it to your website without their permission is a recipe for ill-feeling and perhaps legal proceedings.
So a distant cousin’s research may well propel you along to find ancestors more quickly than if you were plodding along yourself, but remember that a good family researcher will check the primary source of any information given and will not take it as gospel until they have tracked down the births, marriages and death or census records themselves and then cited them properly in their tree.
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Use more than one ancestor look up site!

I really need to remember my own advice to use more than one ancestor look up site!Ancestors in Thorne Family tree
On the occasions when I find myself talking to someone new to this family history pastime, about doing ancestor research, I often find myself going back to the advice that I have been given by a professional genealogists. Now I do not consider myself to be anything like a Genealogical Guru, I am simply someone who has gained a little experience over the years and now am happy to pass on two of my tips here. Both are about stepping back from the research results and introducing some careful thought into the proceedings.
  • Think logically about a person’s time-line.
  • Listen to family stories, but then step back and try to corroborate them with hard evidence to confirm what you have been told.

A person’s date of birth is obviously going to dictate an approximate time for when they could have got married and when you should reasonably expect them to have died. A little thought will tell you that rarely will a person be getting married in their hundredth year! Likewise, they are not going to be getting wed aged 6 or 7 either. Beware of entries in databases that just happen to have the same name as your ancestor, but are just plain and simply the wrong people. But even then we can go wrong if  we are not careful.

One weekend, when doing some family tree research,  I got myself stuck in a hole and wasted oh so much time digging it deeper and deeper! What was it I was doing wrong and how did I finally get out of it? Well I was trying to find the details of an ancestor’s death so that I could purchase a death certificate from the GRO site.

I am fairly wedded to www.ancestry.co.uk for most of my research. I like what they have on offer and I have become use to the way the site works. I also have a subscription to other sites such as www.thegenealogist.co.uk which I find good for many searches and then there is another favourite of mine:  www.findmypast.com.  (Disclosure re these links: Compensated Affiliate.)

The research I was doing had been initiated by reading some “thoughts” put down on paper by a relative before he died. I had been shown this family history because, as a cousin, I had an ancestor in common with them and I wanted to enter this forbear into my family tree as well. The handwritten notes indicated that our ancestor had died aged 66 and from this I was able to work out that as they were born in 1865. From this I then worked out that they probably died in 1930.

I went on to ancestry.co.uk and searched by name for the ancestor in all four quarters of 1930 but to no avail. I then broadened my research for ten years either side and spent hours looking for them without any luck. I then thought I’d try misspellings of the ancestor’s name as this, I thought, is surely why they are missing. Result: A big fat nothing!

Eventually, after much wasted time, I thought about using one of the other websites that offers Birth marriage and death details, something I should have done early on. And what did I find? There he was, on the other BMD site spelt correctly and dying in the district where I expected him too, but aged 70 not 66 and in the year 1935 not 1930!
The lessons for me to relearn and hopefully for you to benefit from are as follows:
  1. Remember that all websites are fallible and omissions happen.
  2. Family stories can sometimes be wrong as humans are not blessed with 100 percent recall and we can get things wrong, as it would seem this relative did in his writings for his children!

I have made myself a note to remember my own advice in future: Use more than one ancestor look up site and remember that stories can be wrong!

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My Family Tree is Powered by Others Descended From Common Ancestors

One of the great things about this Family Tree thing is being contacted by others who are descended from common ancestors.

Once I published my first website www.nicholasthorne.info I started to get hits from all over and some of them were ‘cousins’ many times removed who were independently researching our forebears.

From my Devon ancestors I exchanged photographs of Captain Henry Thomas Thorne and got to read a typescript of a newspaper article.

From my Scottish ones I have had emails that disputed some of the lines and others that were supportive of the research. But the most fun were the ones that, with a proviso that the further back we went that some error may have crept in, seem to show that we were descended from various European royals and back to Adam and Eve!

Recently I have had pedigrees and photographs of Castles in the Hay Clan all of which is thrilling for somone who lives modestly in a cottage by the sea!

To anyone who is just thinking about setting out on this journey I would echo what Mark Herber in his book ‘Ancestral Trails’ says, don’t be put off by the fact that you think your family may be modest, you just never know what you are going to find.

Mark Herber’s book is available from all good bookshops: http://www.jerseybookshop.co.uk/promotions.htm

Disclosure: Compensated Affiliate.

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