11 – Wills
Introduction
Originally this post was going to be called Probate, then Probate and Wills, before I finally decided to call it just Wills. The reason is that Probate, or the Grant of Probate, it is the official proving of a Will by the Probate Office or Court. This allows the Executor to formally manage the estate of the deceased.
Finding a will left by an ancestor can be one of the most useful tools available to the family researcher they can contain an absolute gold mine of information, which can be used in your research
The very word probate can conjure up all sorts of thoughts and ideas in some peoples mind, often for some reason, it is one of fear. The thought of having a Court decide if your relations will is in fact legal. You do not know if Cousin Jack will contest it, and so it goes on. The fact is that if there is a will, then very often there is not a problem, the same can be said of dying without a will, or intestate, again, often not problem.
However, this post is about using Wills to help us trace our ancestors, whilst learning more about them.
Locating A Will
Before we dive into what use a will can be in helping to trace our ancestors, let us first look at where we are able to find them, should they exist.
The first and most obvious place to look, is was a copy of one, or better still, the original, left amongst any papers or documents which you have been able to find?
If so then read it, who was left what?
Do you know all the persons who are named?
If so where do they fit in as regards being Family members?
If not are they Family Members?
Apart from naming who is to get what, does it shed any light on property or wealth?
I have a number of Wills in my files, most of them, certainly the older ones make very interesting reading.
I mentioned in a previous post of my Great, Great Uncle Tom inheriting some property from his Father, also buying some of the estate.
In his Will Great, Great Grandfather left a total of Thirty Eight houses in Kingston-on-Thames.
These were bequeathed like this:
Four to his widow.
Three to each of his two sons Thomas and John, and
One to his daughter, my Great Grandmother,
The remainder the two sons, were able to purchase the remainder for a total of One Thousand Pounds, such purchase to be made within twelve months of his death. If not bought by the two sons, then they would pass to the Widow. If sold the thousand pounds would go to the widow.
Reading the Will over twenty years ago, I had those twenty-seven houses valued, they were worth some Twenty Million Pounds plus the odd Million. Not bad considering that they worked out at Forty Pounds Each. Two stories come to mind here.
The first one which makes me smile, is that his own Father left him One English Shilling, due to his behavior. How did he make his fortune? He was an Undertaker! As was his son Thomas.
The second one, concerns his two daughters, they were left nothing, why? Being the daughters of a very wealthy man in Victorian times, they had married, to put it mildly, very well, tracing their Husbands line has been, to put it mildly, very interesting.
As a young child being in London for the Wedding of the Queen, we visited one of the daughters’ descendants, I recall this very large old house, very austere, to me it seemed to be all brown and very dark. Whilst the adults talked, I was shown into the servants quarters, and given fresh orange juice, do remember that this was two years after the end of the war, fresh orange juice, it was wonderful. The garden was very large, a fishpond in what had been the well, at the bottom of the garden, were hutches containing Angora Rabbits, I had seen the spinning wheel in the servant’s quarters.
There is a sequel to this story, the house which was left to his daughter (My Great Grandmother), was sold over twelve years ago for just under Two Million Pounds. No the present Family did not inherit anything, it was sold over a hundred years ago.
My sister was interested what had happened to the money. Me, I am just proud to be a member of a Family with such a rich history, or background. To me finding out such interesting facts, is what researching your Family is about.
Looking Outside The Family
We will now assume that you have been unable to find a Will, so where do you go next?
The National Index of Wills and Admins 1858 to present day.
But first what about wills before1858!
This was the role of the Church Courts, until the State took over.
This can be tricky as wills before 1858, which were proven or lodged, are not all where they should be, as there was no obligation to do so. Wills that is original early ones can be found in many places.
Before 1858 most wills were confirmed in the Church’s Ecclesiastical Courts. To enable you to know where to search for the early wills of your ancestors, you will need the hierarchy of the Anglican Church.
The Parish
Several Parishes form a Deanery
Several Deaneries form an Archdeaconry
Diocese headed by a Bishop
Two Archbishops
The two Archbishops were situated in two ecclesiastical provinces, York and Canterbury. Canterbury covered the South of England and Wales, with York covering the North of England.
To confuse you further, some areas were known as peculiars, these did not come under the jurisdiction of the local Bishop. They could be found in almost any County, basically defined as a Parish or Parishes, which did not fall under the jurisdiction of the Bishop in whose diocese they were situated.
How A Will Can Help
When reading a will important facts to look for are:
- The name of the testator or testatrix
- Occupation of the testator/testatrix
- The dates of the will, death and grants of probate, all of which can be different, and usually are.
- What was the address of the testator when the will was made.
- The names and addresses of the executors and given the relationship to the testator.
- The names and addresses of all beneficiaries with the relationship to the testator and to each other, such as wife, son, daughter, brother, sister friends.
- Any person named who is excluded by definition and their relationship to the testator. (My brother John who ran off with my first wife).
- The witnesses names, addresses and occupations, who signed as witnessing the signing of the will by the testator. Witnesses cannot be beneficiaries, usually they are neighbours or solicitors clerks, still record the detail.
- Any burial or cremation instructions given.
- Are there any special requests, if these are land or houses, they will prove to be an interesting addition to your story of the family. Where were they located and other such facts.
Conclusion
Do so hope that you enjoyed this brief look at wills and how they can help you in your research into the history of your family. As always should you have any comments about this article, please do leave a comment, we love to hear your thoughts, and value the time that you take to make them.
The next article will be “12 – The Society of Genealogists”
Be Happy, Healthy and Wealthy
Stuart
https://familyhistorythestart.com
Ann
Thank you very much for your thorough post. It reminded me a bit of a subject I had to take at University. My teacher explained things in the same way you do. I have a specific case and that’s why I’m researching about this topic. I believe that when writing a will, we must make things easy for our executor to settle our estate. Some even suggest, we should include specifics about any number of things that will help our executor settle our estate including account numbers, passwords and even burial instructions. My teacher always suggested, and I agree with him, that concerning personal items, it’s better to leave everything to one trusted person who knows our wishes for distributing them.
admin
Ann, thank you so much for your very valued comments, think that your ideas are not only sound but very logical.
LineCowley
Oh this is fascinating to read about your great great grandfather and the way in which his estate was divided. It was very traditional in those days for only the sons to inherit, as the daughters would get married and then their husbands would look after them. Having a will is extremely important to ensure that your wishes are met after your death. It also makes it a lot easier for the family and executor if you have a will.
admin
HiLine, Many thanks for this, glad that you enjoyed the article.
Aly
What great advice on helping people to research their family history! We have one person in our family who has taken up researching the family tree since they have retired. The details they have found on the life of our ancestors has been fascinating, but I have never heard them mention poring over the details of a will to find more stories! I am sharing with them because this is a fantastic idea and I’d love to know what stories are in those documents!
admin
Thanks Aly, glad that thia has helped.
Leahrae
Boy I wished I had found this information sooner. My son’s father (that he has never had contact with) passed away. He lives in another state and has 5 other children from that state. So we know we had to get a hold of the will and check out the laws for that state. I felt he deserved something since he never got anything his entire life from his “dad”. We ended up contacting the court house and filing a form to get a copy of anything they had from the death certificate to a copy of the will. It was like pulling teeth but it was worth it for him.
admin
Hi many thanks for your kind comments, pleased that you were able to get justice for youe Son.