$ $ $ …… £££ Follow the Money £££ ……. $ $ $
Wills and Death Duty Records a real Goldmine of Information
In Uncovering Ancestor Mysteries
Many will remember all those years ago back in the 1970s when Bob Woodward and Carl Bernstein, journalists of the Washington Post, were investigating the Watergate scandal, they were told by ‘Deep Throat’ to …… ‘follow the money’ ……..
This catch phrase is as true today as it was then and never more so than when uncovering the ‘dead ends’ and ‘blind alleys’ we encounter in tracing ancestors.
Where does the money trail start ?
One of the best repositories is The National Archives, at Kew, London. These records are now on-line and can be downloaded for a fee of GB £3.50. The National Archives holds Prerogative Court of Canterbury (PCC) Wills proved between 1384 and 12th January 1858.
These wills are copies of original probate records written into volumes by clerks at Church Courts.
Information from these wills can reveal ….. where people lived …. names of executors ….. dates ….. witnesses to the will …. the beneficiaries, which can reveal relatives that we didn’t know existed.
The search site for these wills is: http://www.nationalarchives.gov.uk/help-with-your-research/research-guides/wills-1384-1858/
These wills are covered at The National Archives in the series PROB 11. In PROB 11 there are over 100 TROTT wills, and 7 TRATT wills.
Not all PCC Wills for the period (1384-1858) are collated under PROB 11 at The National Archives. During the Civil War (1643-1646) when Cromwell was fighting King Charles, some PCC Wills were proved in Oxford, where King Charles had his Royalist Army Headquarters. These wills are under the series PROB 10, proved at Oxford between April 1643 and March 1646.
The National Archives runs a preview image viewer, that gives you some idea of what the will you intend to purchase may look like.
Law Clerk
Wills that are of a vintage 1600s and 1700s can be quite hard to read, due to the 'Olde English’ used at the time. Many also contain short phrases or words of Latin. These wills by today's standards are often long-winded in the use of language, eloquent and overly gracious which can make transcribing very complex. The National Archives Online offers a solution to this: Palaeography, reading old handwriting (1500 to 1800). It gives a lot of good tips on transcribing these documents.
Devon Wills Project
Another top source for wills is the Devon Wills Project, a co-operation involving the Devon Family History Society, Devon Heritage Services, GENUKI/Devon and the Plymouth and West Devon Record Office.
This can be found at http://www.genuki.org.uk/big/eng/DEV/DevonWillsProject. There is a Consolidated Index, that contains some 75 TROTT, TROTTE and TRATT wills.
The index lists the wills, probate courts, with assigned codes. It lists wills in other courts as well as the Prerogative Court of Canterbury (PCC) that are at The National Archives. There are TROTT Wills for example from the (Consistory) Archdeaconry Court of Exeter (EXE).
A major problem in obtaining Devon wills that are not PCC Wills is that many wills were lost, through the destruction of the Exeter Probate Registry in the bombing of Exeter during World War 2. What records do exist are known as the Calendar of Wills that were complied prior to WW2. Sources designated FRYB Calendar of Wills (some 20,000) together with those designated FRYA Calendar of Wills (some 65,000) consist of ‘List Entries’ only. The advice of the project is that any original will copies surviving are extremely low, close to zero. You can view which TROTT wills are sources FRYA and FRYB.
The Consolidated Wills Index does list by date, name, first and surname, occupation (limited entries) and notes for each Individual.
Somerset Wills
There are a limited number of wills at the South West Heritage Trust that cover Somerset. Somerset wills proved in the Archdeaconry Court of Taunton were kept in Exeter during WW2 and met the same fate as the Archdeaconry Court of Devon Wills (1537-1799). However the Somerset Heritage Centre at Taunton advises there are over 17,000 wills that were copied by Sir Mervyn Medlycott. These can be found in a Somerset Wills Index, Printed and Manuscript Copies (as at 1993). The Information re Somerset Wills at the Heritage Centre is worth a read as much work has been on surviving wills.
London, Middlesex and Surrey Wills before 1858
The London Metropolitan Archives (LMA) holds the wills for London, Middlesex and Surrey, dates 1507 to 1858. Not included are wills which survive only as copies entered in the Will Registers or the Court of Hustings Rolls. The LMA Wills have been digitised by Ancestry (see www.ancestry.co.uk).
London North of the Thames and Middlesex Wills
These wills should have been proved in the Prerogative Court of Canterbury (PCC). See The National Archives.
Deanery of the Arches Wills (1620-1780, and 1832). These wills are located at Lambeth Palace Library, London.
Archdeaconry Court of Surrey Wills (1480-1858)
These wills are located London Metropolitan Archives (LMA). Not all records have survived.
Original wills (1534-1857) with gaps, Registers of wills (1480-1821) with gaps, Probate and Administration Act Books (1674-1858) with gaps to 1725.
Source: London Metropolitan Archives. http://www.cityoflondon.gov.uk/things-to-do/london-metropolitan-archives/Pages/default.asp
Dorset Wills
According to the Dorset History Centre, wills and probate for Dorset prior to 1858 can be accessed through the Ancestry website, or free through computer searches at Dorset Libraries and the Dorset History Centre.
Source: https://www.dorsetforyou.gov.uk/article/402579/Wills
Essex Wills
Findmypast has a Wills Beneficiaries Index (1505-1916) showing TROTT (54). Note: These are beneficiaries, but they do show the testator in the transcription.
Source: http://search.findmypast.co.uk/search-world-Records/essex-wills-beneficiaries-index-1505-1916
Yorkshire Wills
Wills for the Prerogative and Exchequer Courts of York, 1688-1858, have been digitised by Findmypast. There are 24 TROTT wills.
City of York
Australia Wills
These are held by each State Government Jurisdiction.
Victoria
Public Record Office (on-line indexes) – Index to Will, Probate and Administration Records (1841-2013).
Source: http://prov.vic.gov.au/
Queensland
State Archives: Wills Index (1857-1940), Equity Index (1857-1899), Instruments of Renunciation Index (1915-1983), Trustee Files Index (1889-1929).
Source: http://www.slq.qld.gov.au/resources/family-history/wills
New South Wales
In partnership with the NSW State Records Office, Findmypast has Indexes of the Wills Books, Images, Transcripts etc.
Source: http://www.findmypast.com.au/new-south-wales-wills
South Australia
The State Library has Testamentary Index (microfiche) for Wills granted Probate; 1884 and 1905 to 1999.
Source: http://guides.slsa.sa.gov.au
Western Australia
State Record Office holds Wills and Letters of Administration, 1832-1947, available on microfiche.
Source: http://www.sro.wa.gov.au/
Tasmania
Wills (1824-1989) and Letters of Administration registered for probate.
Names Index for Search.
Source: https://linctas.ent.sirsidynix.net.au/client/en_AU/names/
Northern Territory.
Ancestry has digitised copies of wills, Northern Territory Probate Index (1911-1994).
Source: http://search.ancestry.com.au/search/db.aspx?dbid=60748
Death Duties 1796 - 1903
Death Duty Registers
Another source of information that can prove vital is the Death Duty Registers (1796-1811). Unfortunately there are far fewer of these for TROTT (and variations), TROTT (4).
These Death Duty Registers can prove to be as revealing in content as their better known records, wills.
Cold Harbour Mill - Uffculme, Devon
The Death Duty Registers helped to distinguish between two Robert Trotts, born within a couple of weeks of each other in the same village in Devon. The will of Robert Trott of Uffcombe, proved in 1851, mentioned his children by their first names. The Death Duty Registers held the answer, identifying the names of spouses that were not in the will. This helped to identify which of the two Robert Trotts this was.
Sources:
1. The National Archives, Kew, London: County Court Death Duty Registers (1796-1811) are on-line and are in Series IR 26 (Inland Revenue and Estate Duty). They can be obtained for a fee, GB £3.45.
2. Death Duties (1796-1903), these have been digitised by Findmypast and are available.
See: http://search.findmypast.co.uk/search-united-kingdom-records/index-to-death-duty-registers-1796-1
What You Need to Know……
…… about Wills
Wills became Law
The Statute of Wills became law in England during the 32nd year (1540) of the reign of Henry the VIII. Prior to the Statute becoming law through Henry’s Parliament, landowners did not have the right to determine who would be the new owner of the land on their death. Generally if they died with no relatives, the land reverted to possession by the Crown. The reversion on the death of the landowner was known as ‘escheat’, the derivation of today’s word cheat.
….. sounds so familiar with Governments of the present day !
Many of today’s will procedures created by the Statute of Wills are used in the present day. Wills were to be ‘in writing’, ’signed by the person making the will, the testator’, ‘witnessed by other persons’. If the requirements were not met the Will was not enforced in Court.
The Statute laid down that a will should specify ‘land and buildings’ these were ‘a devise’ and a Testament should specify ‘goods, chattels, money’ this was 'a legacy’. In the Statute these two were combined, and hence the phrase; ‘last Will and Testament’.
Olde Scrolled Will
Reading a Will ...........
The opening phase of a Will usually starts in very much the same way. The following is from a very early dated will where the
reigning monarch is included in the date preamble …
In the name of God Amen. The third day of January in the year of our Lord God one thousand five hundred
and twenty, in the 11th year of the reign of King Henry VIII. I, John Trott of Cullompton, in the County of Devon, gentleman being
sick of body but sound of mind and memory and before Almighty God do make this my last will and testament in manner and
form followeth:
First I bequeath my soul unto Almighty God my Redeemer and my body to the earth to be buried in the Church of Our Lady of
Cullompton. And for my worldly goods that God hath been pleased to bestow upon me my will and mind is: First I give unto.......
Some useful ‘Hints’ when Deciphering / Reading Wills
Persons that are found in Wills can vary greatly and range from Relatives to Officials, to assist in understanding these, the range of possible persons are grouped into following Categories;
1. Testator: A man who has made the Will
Testatrix: A woman who has made the Will
2. Will Official:
(i) Executor: A man appointed by the Testator/Testatrix to ensure the provisions of the Will are carried out. (Exor abbreviated)
(ii) Executrix: A woman appointed by the Testator/Testatrix to ensure the provisions of the Will are carried out.
(iii) Witness: Two other persons required to sign the will.
(iv) Trustee: A person who holds the property whilst the estate is being administered. Trustees (usually the Executor) are appointed where
there are infants and benefits held until majority is reached.
3. Close Relative: Spouse, Grandparent, Parent, Sibling, Child, Grandchild, Spouse of Sibling or Child.
4. Other Relative: Nephew, Niece, Uncle, Aunt, Cousin, Kinsman, Kinswoman, Greatgrandchild.
5. Legatee: Unrelated person with a legacy – Friend, Servant etc.
Residuary Legatee: The person to whom the estate is left after specific bequests have been made.
6. Unrelated person with no legacy: Bondee, Landlord, Tenant, Priest, etc.
7. Bureaucrat: Any Official, Clerk, Administrator, Witness involved in the Probate process.
Glossary
Terms that are found in Wills.
Admor: Administrator, Letters of Administration, also known as Admons.
Appurtenances: Rights and duties attached to the holding of land, grazing rights, payments for fines, etc .
Behoofe: A benefit or an advantage.
Bequeath: Personal property (other than land).
Chatolel: Chattels.
Codicil: An addition or amendment to a will to record changes.
Coram: Latin for ‘in one's presence’ or ‘in person’.
Devise: To leave, by will, ‘land’ as distinct from personal property. ‘Bequeath’ is used for the latter.
Ejusdem: (abbreviated eju) Latin for the same.
Feoffee: A trustee, when invested to hold an estate, to hold in possession.
Feoffment: Transfer of land from one person to another.
Hereditament: Property passed to an heir or heiress.
Hereinbefore: Earlier in this document.
Husbandman: A tenant farmer or smallholder, below the rank of yeoman.
Ibidem: (abbreviated ibm) Latin for ‘in the same place’ or ‘at the same time’.
Imprimis: (abbreviated imp or impris) Latin for ‘In the first place’ or ’especially’. Often used when commending soul to God the Almighty.
Intestate: A person dying without making a will.
Issue: All living descendants – children, grandchildren, etc. included adopted children. NB does not include step-children.
Leasowe: Pasture, meadow, land.
Messuage: Dwelling and adjoining land, outbuildings assigned to its use.
Nephew: Before 1700 could mean grandson, descendant or kinsman. After 1775 the son of a brother or sister (today's use).
Nuncupative: Spoken or oral will before witnesses e.g. on deathbed.
Moiety: Legally means ‘a portion of something, typically a half‘.
Probate: The proving of a will. Before executors can act, a will must be proved to establish it is genuine and the executors formally given authority.
Relict: Widow (can be used for widower but very rarely).
Sojourner: Of temporary residence.
s.p.: Died without children. (Often seen in a Visitation Pedigree, shown as ob. s.p.)
Tenement: Dwelling or part thereof or a holding of land.
Toft: A plot of land on which a building stood, or more frequently used for plot on which a building formerly stood.
Worldly Estate: Possessions during ones lifetime - also temporal estate.
Yeoman: Farmer, a freeholder of land or tenant, above a husbandman, who would have less land.
Source:
1. Oxford Family History Society (www.ofhs.org.uk): Transcribing and Searching Wills.
2. Findmy past – Glossary of Probate Terms Introduction to Wills . www.findmypast.co.uk
3. The National Archives, Kew, London – Death Duties 1796-1903, further research.
4. Wills and other probate records: a practical guide to researching your ancestors’ last documents, Karen Grannum and Nigel Taylor, The
National Archives, Kew, 2004. ISBN: 190336549X (available in paperback: £7.99 and many Public Libraries