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$ $ $ …… £ £ £ 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 1970’s 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 GB £3.50. The National Archives holds Prerogative Court of Canterbury (PCC) Wills made between 1384 and 12thJanuary 1858.
These Wills are copies of original probate 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 the PROB 11 Series there are over 50 PRING (and variations) 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
PROB 10 Series, proved at Oxford between April 1643 and March 1646.
The National Archives runs a ‘Pre-View 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 1600’s and 1700’s can be quite hard to read, due to the ‘Olde English’ used at the time (also many contain short phrases or words of Latin). These Wills by todays standards are often long-winded in the use of language, eloquent and overly gracious which can make transcribing very complex. The National Archives ‘On-line’ 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 Records Office.
This can be found at; (http://www.genuki.org.uk/big/eng/DEV/DevonWillsProject). There is a Consolidated Index, that contains some 180 x PRING, PRINGE, PRYN Wills.
The collection lists the Wills Probate Courts and with assigned Codes, so this listing has Wills in Courts other that the Prerogative Court of Canterbury (PCC) that are at the National Archives. There are TROTT Wills for example from the (Consistency) 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), the FRYB Calendar of Wills (some 20,000) together with those Source designated (FRYA) Calendar of Wills (some 65,000) consist as ‘List Entries’ only, the advise 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, advise there are over 17,000 Wills that were copied by Sir Mervyn Medlycott, these can be determined on a Somerset Wills Index, Printed and Manuscript Copies (as at 1993). The Information re; Somerset Wills at the Heritage Centre is worth a ‘read through’ as much work has been on surviving Wills.
A Search of the; ‘On-line Index’ at Somerset Archives shows Wills; PRING (9).
London. Middlesex and Surrey Wills before 1858
The London Metropolitan Archives (LMA) hold 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; National Archives (On-line).
Deanery of the Arches Wills (1620-1780, and 1832). These Wills located at Lambeth Palace Library, London.
Archdeaconry Court of Surrey Wills (1480-1858) . These Wills are located; London Metropolitan Archives. 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.aspx)
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
Warwickshire Wills.
Findmypast has a Wills Beneficiaries Index (1505-1916) showing PRING (25) Note: These are beneficiaries, they do show the Testator in the Transcription.
Source: http://www.findmypast.co.uk
Australia Wills.
These are held by each State Government Jurisdiction.
Victoria:
Public Records Office (On-line Indexes) – Index to Will, Probate and Administration Records (1841-2013)
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 garnted Probate; 1884 and 1905 to 1999.
Source: http://guides.slsa.sa.gov.au
Western Australia
State Record Office hold Wills and Letters of Administration (1832-1947, available on Microfiche.
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 Will; 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 are the Death Duty Registers (1796-1811). Unfortunately there are far fewer of these for PRING (and variations); PRING (4)
These Death Duty Registers can prove to be as revealing in content as their better known records; ‘Wills’.
A John PRING of Chinstone who died 3rd June 1805 (Age 74 years) with wife Mary PRING who departed this life 27th April 1799 (age 55 years) is monumental inscription on their gravestone in St. Michael and All Angels Parish Churchyard in Awliscombe, Devon.
St. Michael and All Angels, Awliscombe
But who were these two PRINGs and what was Chinstone ? The Chinstone answer came through a search of Old Survey Maps, Chinstone an area that ran up that ran up St Cyres Hill that overlooks Awliscombe.
The answer to John & Mary PRING was more tricky, his burial date and approximate birth date were known but they gave little away as to who they were. There was no sign of a Will (PCC) at the National Archives, A search at the Devon Wills Project showed a possible ? but this Will looked to be one of the many that were lost in the Exeter Probate Registry fires of WW2.
Then taking a look at the Death Duty Registers, there was the Record of John PRING of Chinstone detailing all the Nephews and Nieces as beneficiaries, with the names of his Executors , all good information to bring John & Mary PRING back to life.
Source:
1. National Archives, Kew, London - The; County Court Death Duty Registers (1796-1811) are ‘On-line’ and are; Series IR 26 (Inland Revenue and Estate Duty). They can be
obtained for a fee; GB £3.45 (See: http://www.nationalarchives.gov.uk/help-with-your-research/research-guides/country-court-death-duty-registers-1796-1811/ )
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-1796-1903)
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’. n the date preamble …
Reading a Will ...........
The opening phase of a Will usually start in very much the same way, the following is from a very early dated Will where the reigning monarch is included in the preamble
In the name of God Amen. The day of January in the year of our Lord God one thousand five hundred
and twenty, in the 11thyear of the reign of King Henry VIII. I, John Pring of Awliscome, 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 foloweth:
First I bequeth my soul unto Almighty God my Redeemer and my body to the earth to be buried in the Church of St. Michael and All Angels.
And for my worldly goods that God hath been pleased to bestow upon me my will and mind is: First I give unto 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 hold the property whilst the estate is being administered. Trustee (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 ones presence’ or ‘in person’
Devise: To leave, by Will, ‘land’ as distinct from personal property ‘Bequeath’ is used for the latter.
ejusdem (when 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 small holder, 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. (see; Testate)
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 (todays use)
Nuncupative: spoken or oral Will before witnesses eg. on deathbed.
Moiety: legally means … ‘a portion of something, typically a half ‘
Probate (Probat, Latin) : the proving of a Will Proved: 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 as 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.
Testate: Having left a legally valid Will at death.
Toft: a plot of land on which a building stood, or more frequently used; which a building formally 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. 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, Pub; The
National Archives, Kew, 2004. ISBN: 190336549X (available in paperback: £7.99 and many Public Libraries).