Tag: wills

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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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Wills & Administrations in English Family History

Wills can be of great use to any family historian for a number of reasons. They can furnish you with names of relatives, give you a description of the property that your ancestor owned at the time of their death and even reveal their favourite charity. Or though in my case I suspected that the charity that my aunt chose to leave the residue of her estate to was really her solicitor’s favoured charity and his suggestion!

Wills are one of the few documents written by your ancestor. For this reason they may give you an insight into their attitudes, social standing and their lifestyle. Perhaps, if you are lucky they can also explain family feuds and even expose scandals.

If, however, you discover that one of your ancestors seems to have been cut out of the will, you should always consider that this may not necessarily mean that they were disinherited. You should be open to considering that other arrangements had already been made for them in the lifetime of the deceased.

Quite a few family history researchers assume it is not worth checking if their ancestors left a will because they think their ancestor’s background precluded them from doing so. It is, however, wrong to believe that only a minority of people from the top of society left wills. Yes, it may be true that most people who left wills had some property of some kind or another. But wills can be found for people from amongst the very widest range of backgrounds.

Whilst it is perhaps true that only a small percentage of the population left a last will and testament, you should remember that for every person who did so means that there will be at least one other person mentioned in the document and this at least doubles your chance of finding a connection to your family tree, even if they are a distant relative.

It is possible, but not all that common, to find a will belonging to your family that pre-dates the parish registers, or even better where parish registers and the other primary sources have been destroyed or gone missing over the years.

You should know that before 1858 wills were generally proved in the church courts. In order to find a will in this time period will need you to have some understanding of the church hierarchy and how this bears relationship to the place or area that you are researching within.

So, what is a will?

It is a formal document stating exactly what a person desires should happen to their possessions after they have passed on. The person making a will is referred to as the Testator and they make a Last Will and Testament. This is actually a joint deed, the Will and the Testament.

Last Will and Testaments became the legal means of passing on one’s property in England in the year
1540. This was because it was only from that date that ‘Freehold’ land could be gifted or “devised” through a will. Before this date a “testament” was legally only concerned with what the law knows as “personality”. this is a term referring to personal property, that is a person’s moveable goods and chattels.

Why wasn’t it possible to pass on land? The answer lies with the fact that interests in “real property”, or the land and buildings your ancestors owned, would descend automatically to the deceased immediate heir. The church law, however, stated that at least one-third of a man’s property should pass directly to his widow as her dower and then one-third to all his children.

In theory these rules could not be broken, however property owners found ways that they could get around them. As an example, whilst “Copyhold land” – land held from the Lord of the manor – could not be left in a will before 1815, it could still be given up or “surrendered” to be used in a will. This effectively meant that it could be left to whomever a person wanted! Other methods of circumnavigating the rule was to transfer one’s property to trustees who would hold it during the owner’s lifetime as per that person’s instructions.

If you are lucky and find your ancestor has left a will you will see just how useful it is to the family historian.

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Manorial Documents in English Family History Research

Ancestral Trails-The Complete Guide to British Genealogy and Family HistoryI’ve been dipping back into Mark Herber’s book “Ancestral Trails” published by The History Press 2005, looking at the subject of researching back before Parish records started in the mid-16th century. He warns his readers to expect difficulties tracing their ancestors in that time. It seems that before then, you are only likely to come across sporadic references to your ancestors – or perhaps more properly people who could be your ancestors – in wills, tax records or court documents. Herber writes that “… you are unlikely to be able to trace a line of descent in this period (and in particular find documents that evidence that one man was related to another) unless you find your ancestors in property records.”

Now property records can be found for people from various classes, those who were substantial land owners and also yeoman, tenant farmers and labourers. This is why it is said that English manorial documents are perhaps one of the few types of records in which genealogical information about the common man, as opposed to those from the upper classes, is likely to survive from medieval times.

So what was the manorial system?

In the England of the Middle Ages, land was held from the English monarch by a lord and on his land the peasants worked and received his protection in return. Anglo-Saxon society was, as in most of the other European countries, rigidly hierarchical. Social status depended on birth and family relationships. Power was gained through the ownership of land, as this was the principal source of wealth at this time.

After the Norman conquest of England all the land of England was deemed to be owned by the monarch. The king would then grant use of it by means of a transaction known as “enfeoffment”, where land grants or “fiefs” were awarded to the earls, barons, bishops and others, in return for them providing him with some type of service.

There were two sorts of tenure, according to the type of service rendered by the tenant to the lord, free and unfree. Free tenure can then be broken down into different forms again. A tenure in chivalry, for example “tenure of knight service”, would be where the tenant was charged to provide his lord with a number of armed horsemen. Mark Heber in Ancestral Trails points out that this type of tenure was soon commuted to a money payment (or “scutage”). He also explains that among the types of “free tenure” was to be found “spiritual tenure” where divine services, or “frankelmoign” by which a clergyman, holding land from the lord of the manor, would pay his due in prayers said for the lord and his family.”Socage tenures” existed where the tenant provided his lord with agricultural services such as ploughing the lord’s retained land for 20 days a year.

“Villein tenure” or unfree tenure applied to those men known as villeins, serfs or bondmen. This class of tenant was not free to leave the manor without obtaining the permission of the lord. They would be subject to many obligations, some of which were onerous and these individuals held their land in exchange for providing the lord a number of days work in return. This could be, for example, four days work a week -  but the nature of the work could vary depending on what was required.

Manorial Documents are fascinating for family historians, as are will documents that were not the exclusive preserve of the rich. I shall explore this area again in other posts.

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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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British Record Society Probate Record Collection

I see that the British Record Society (BRS) Probate Record Collection has gone live on the National Wills Index.

Its a collection that covers more than 500 years and if your ancestor had written a will then perhaps this will make it a bit easier for you to find them. What is important about this release is that much of the data can not be found elsewhere on line and so the release on British Origins (www.origins.net) is to be welcomed.

These BRS probate indexes give you the names and dates of several million wills and other probate documents. It has a search facility that allows the user to view images of the original indexes to find all the information that you need to locate the documents in record offices.

In the future, as the BRS volumes are gradually indexed and uploaded, users will be able to order hard copies of the wills online. and they even promise that eventually we will be able to access the documents thenselves.

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Tracing An English Family Tree Before 1837

When you are tracing your ancestors in the British Isles there is a rich seam of information on the internet until we get back to 1837. This is the year when civil registration began and the state took over the registration of its citizens vital records.

Online-Old-Parish-Records

Many newcomers to English and Welsh family history are amazed at how easy it is to go to one of several websites, pay a subscription (or buy some credits) and begin finding records of ancestors with relative ease. Lulled into a false sense of security, we begin to think that all the information that we will ever need to find, for our family tree research, is going to be accessible online. But soon you find that quite a small percentage of all the genealogical records, that there are, actually make it on to the net.

So what are the other records that family historian with English or Welsh ancestry need to go hunting for? How about wills; manorial records; the many types of occupational records; various military service records; or, if like me you had a merchant seaman in the family, then the merchant navy’s records? This is just a short list, there are more!

What About Research Before 1837.

Once you have been able to get back as far as you are able to do, using the census entries and Birth Marriages and Death records, you will now need to turn your attention to Parish records – these date back to 1538 and a time when Thomas Cromwell, Chief Minster to Henry VIII, ordered that every wedding, baptism and burial should be recorded. Historically, England and Wales was divided into about 11,000 parishes. Your research will need to be in the Parish Registers relating to the place where your ancestor lived, in order to find out as much information on your forebears line in that parish.

Where should you look for parish registers? The answer is that the original will normally have been microfilmed and stored in the local County Record office. True that there are a few parishes where the registers are still with the incumbent minster; but the majority are now in the safe keeping of the relevant record office. An alternative, to looking at images of the original record is, if you have access to the web to go and look at the websites that offer transcripts of Parish Register for you to search. Remember, however, that a good genealogist will always understand that a transcription is secondary data only. It is an indication of information for you to follow up and so you do need to then go and confirm the details by looking for the original source. The reason is that errors may possibly have been made by the person making the transcription and you don’t want to allow those errors to get into your own family tree, now do you?

While English and Welsh parish records stretch back as far as 1538, not all will have survived the ravages of fire and flood, so don’t expect to be able to sail back as far as this date! The earlier records were recorded on paper, but from 1558 onwards the more durable parchment (made from sheepskin) was used in preference. Even so, very few parish record survive before the 1600s.

From 1598, annual copies were made and sent to the local bishop. Called Bishops’ Transcripts (or Register Bills in East Anglia), these make a good substitute for lost original records, and occasionally contain information omitted from the registers themselves. These Bishop’s Transcripts will often be in a better condition and also more legible than the original parish register and they can be found in the county record offices. While the older records were, in theory, supposed to have had copies made, it is believed that some never managed to be copied and others have been lost over time.

Family tree researchers need to be aware that there can be gaps in Parish Registers between 1553 and 1558 when Henry VII’s daughter Mary Tudor, a Catholic, was on the throne. Also there is the so called “Commonwealth gap” between 1642 and 1660 in the English Civil War and under Oliver Cromwell’s protectorate.

There is so much to learn in this area that I’ll be posting a second article on tracing your English and Welsh family tree before 1837 shortly.

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Starting Your Family Tree – Collecting Personal Data

The favored rule of genealogy is to begin with yourself.  Work from the known to the unknown, gathering evidence each step of the way.

Next, gather information from your immediate family . The elders do not live indefinitely regardless of health or age and it is important to record everything that they can remember.

Whenever possible, conduct a one-on-one interview.  Let people know that you are coming , as well as the type of information in which you are interested .  With permission, use recording equipment.  Take accurate and clear notes .  Prepare for your interview by making a checklist of questions to remind you to ask the three key  questions:  who, where, and when . These questions will increase your genealogy know how and family tree research .

However, be prepared to follow leads from the person you are interviewing .  There are sure to be challenges in the process ; beflexible with your interview style and be open to the discussion and the stories that follow . When it is inconvenient to interview a relative personally , write a letter that is personal and conversational in nature .  If the communication goes unanswered, a telephone call may be necessary .  Writing may be difficult for an elderly person who might be interested in sharing information.  If this is the reason , a phone call might be more productive.

It is important to recognize that not everyone will be as interested or excited about family history and genealogy .
Use photos as a aid .  Often pictures refresh the memory, and unlock bits and pieces of family information long forgotten.  

Assure your relatives that you will be careful of the material loaned to you .  Respect the information they give to you.  Often relatives are reluctant to lend a family heirloom , so be prepared to photograph items whenever they cannot be removed from the premises .

Offer to share your research .  Keep your word .  After entering compiling data on  a family history sheet and pedigree chart , send  a copy to the person who has kindly given you   the facts .

Be  certain to ask if there is bible in the family and find out where it is situated .  Family bibles may contain facts  about   marriages, births and deaths carefully recorded on pages within.

enquire if others in your family has researched genealogy . If so, determine how you can obtain a copy

Family heirlooms often contains useful information :

  • Names and places are printed on the backs of old pictures .
  • Written messages on the inside of a book commemorating a birthday or a vacation .
  • Family scrapbooks that contain historic newspaper obituaries and articles , concert programs , plays,  and graduations .
  • Engraved silver.

There are an endless variety of family artifacts :

  • Certificates and other family records – birth baptism, confirmation , marriage record ,  death and burial , wills, lawsuits . 
  • Adoption records
  • Diaries
  • Funeral cards
  • School Report  

Develop a method to organize your research . Organizing all of this material is difficult if you don’t have a method .  You will want to create a filing system using both electronic and traditional techniques.  Use binders or folders with the surname as the label, keeping items relating to that surname together. When you have time , peruse each folder or binder carefuly, extracting relevant information.

Make sure to compare your electronic files to your paper files .

Don’t forget to backup your material in another location .  Many priceless family memorabilia have been destroyed by natural disasters , as well as by the apathy of others who did not know they were handling did not know the value of the irreplacable family artifacts . 

 

 

 

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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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