Tag: Wills and Administrations

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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

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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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England and Wales Wills on-line

Ancestry.co.uk on a computer screen
Ancestry.co.uk -         (Disclosure: Image is a Compensated affiliate link)

Ancestry.co.uk has launched online the England and Wales National Probate Calendar, 1861-1941 – an index to more than six million wills proven across the 19th and 20th centuries.

Ancestry has said that the combined value of the 6,079,000 estates in the index reveals a fortune that today would be worth more than £20 billion! On the flip side, however, the average value of our ancestors’ estates is a rather modest £3,400.

Now not all of us will be able to find our ancestors in this collection, but if you are lucky enough to do then they can be wonderful resource for family historians. The value of the index is that each entry may also include the name of the departed, the date and place of your forebear’s death, the name of the executer and also, in a few instances, bequest recipients.

So what is Probate? This is the term given to the court’s authority to administer a deceased person’s estate and including the granting representation to a person or persons to administer that estate.

It was in 1857 that the Court of Probate Act came in to force and with it the power to administer estates were transfer from the Church of England to the state. It is the probate calendar books, in which are summarised and collated annually the grants, that are now to be found on Ancestry.co.uk.

Ancestry.co.uk International Content Director Dan Jones comments: “The probate calendar books provide countless new leads for family historians to explore as they move beyond being about family members to long-gone fortunes, mysterious beneficiaries and valuable objects – all with connections back to our ancestors just waiting to be explored.

“Anyone able to find an ancestor in the probate calendar books will be able to find out a great deal about how their ancestor lived, what they bequeathed and to whom – meaning we will be able to find out so much more about what their lives would have been like.”

All wills and administrations were proved in England and Wales however the places of death vary enormously and include more than 107,000 people who died in Scotland, around 20,000 in France and 18,000 in the USA.

To take a look go to Ancestry.co.uk (Disclosure: This is a compensated affiliate link)

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