The Fantastic World of Wills Acquire US

Wills are actually probably the most great supply for household historical past. They supply unparalleled proof on relationships, enabling in depth household bushes to be constructed. Wills may additionally result in you different sources, similar to title deeds or manorial information, because of the description of land holdings. Additionally they make it easier to to pinpoint related baptisms, marriages and burials and provide useful particulars about an individual’s occupation and residence. What I really like most of all is that via wills, you may uncover who was the testator’s nearest and dearest and the way they needed their private possessions and actual property to be distributed after their dying. However, many household historians ignore this vital document supply, believing, erroneously, that their household won’t ever function in them as a result of they have been simply odd folks. Solely wealthy folks will probably be present in wills! The aim of this text is to make you assume once more.

Chances are you’ll be satisfied that probate information aren’t of curiosity to you as a result of you’ve gotten but to seek out any for the household you might be tracing. My suggestion is that as an alternative of simply looking out by a reputation, it’s best to strive looking out by place. It is because typically, probate information are solely listed by the title of the testator, or the title of the deceased if they didn’t make a will and an administration was produced as an alternative. Inside the information are many extra names: the names of the beneficiaries, executors, directors and witnesses, any of whom could be your ancestor. Nonetheless, you’ll by no means discover them except you have a look at the precise paperwork. It’s wonderful what connections you will discover, particularly in case your ancestors lived in a small village, the place there was plenty of intermarriage between native households. An added bonus is that you simply would possibly discover information of curiosity that you’ve got neglected beforehand beneath a reputation search due to sudden title variants. On the identical time, you acquire an actual perception into the lives of the native inhabitants, your ancestors’ associates and neighbours.

The small village of Wylye in Wiltshire is a spot near my coronary heart, because it was the hometown of my grandmother in 1897. It’s located between the cities of Salisbury and Warminster, Wiltshire, within the Wylye valley, alongside the river that gave the village its title. Wylye, traditionally normally spelt Wiley, was a farming neighborhood, with sheep pasture on the downs above the village and wheat, oats and barley being the principal crops grown within the valley. Philip Bennett, my fourth nice grandfather, was born there in 1783, the fifth youngster and second son of Philip Bennett, a labourer, and his spouse, Sarah, nee Small. On the floor, given Philip’s occupation, it might sound unlikely that I might discover any probate information of curiosity. Wylye’s yeoman farmers and tradespeople with some belongings could be the most definitely folks to make wills. Would a humble labourer or his antecedents function in them? In reality, I discovered not less than three wills made by labourers of Wylye. It must also be remembered that kids didn’t essentially obtain an equal inheritance, or fortunes have been misplaced. Earlier generations of your loved ones could have been richer even when wealth was not handed down via your personal explicit department.

The proving of wills was within the palms of the Church till 1858. This text is just not primarily in regards to the advanced preparations of the completely different ecclesiastical courts however suffice to say that discovering wills previous to 1858 will be difficult, as completely different courts had jurisdiction over explicit parishes. As well as, the providers of a superior court docket might be used and could be required if property fell in multiple jurisdiction or throughout a bishop’s visitation, when the decrease court docket was “inhibited”. However, Wylye comes beneath the jurisdiction of the Archdeaconry of Sarum and most Wylye testators had their wills proved by this court docket, although a number of, selected or wanted to make use of the providers of the Prerogative Court docket of Canterbury, the very best court docket within the land. Fortuitously, probate information from the assorted native courts in Wiltshire have now been listed by Wiltshire and Swindon Archives. The precise information can be found to view on-line at Ancestry (http://www.ancestry.co.uk) and it’s potential to look them by place, somewhat than by title. On this article I’ll illustrate why probate information are important for household historical past analysis, utilizing some actual examples from Wylye.

Firstly, it’s mandatory to look Ancestry’s Card Catalogue to seek out the gathering, Wiltshire, England, Wills and Probate, 1530-1858. Ancestry has different massive probate collections too for Yorkshire, Wales, London and the Diocese of Lichfield and Coventry. To set some parameters for my search, I made a decision to have a look at probate information between 1700 and 1858 for Wylye. I discovered eighty six information altogether for this time interval. Sadly, although they have been all described as wills, I discovered that many have been in actual fact administrations, the place permission to manage the property of the deceased was sought from the court docket as a result of the individual had died intestate. Administrations aren’t as helpful genealogically as wills. There was additionally a smattering of inventories. Utilizing an Excel spreadsheet, I put collectively a desk itemizing the title of the deceased, the date of the document and any notes on the contents. The truth that the information are on-line made this a simple activity.

On the whole, many of the information have been easy to learn and adopted an analogous format. The sooner wills normally had a prolonged preamble during which the testator dedicated themselves to God’s mercy and requested that their executors ensured they have been decently buried. Bequests have been then made and the need is dated, signed and witnessed. Fortuitously, they weren’t stuffed with the legalese that one tends to seek out with wills proved within the Prerogative Court docket of Canterbury. The date the need was made is essential. Any data that the need incorporates pertains to the date it was written, somewhat than the date it was proved. It’s clear although that wills will need to have usually been written on dying beds, as incessantly, they have been proved shortly afterwards. I even discovered one nuncupative will, a will that was spoken and written down by witnesses who testified that they’d recorded the testator’s true needs. The authenticity of a will was vital and sometimes, witnesses needed to seem earlier than the court docket to swear an oath to the need’s veracity. Testators usually mentioned that they have been revoking any former wills and if it was a protracted doc, they famous down the variety of pages to make sure compliance with their ultimate needs.

The position of executors was essential. Typically, husbands would appoint their partner or kids for the position however my examination of the wills of Wylye means that associates have been incessantly given the duty, significantly if minors have been concerned. In sure circumstances, it could even have been advantageous to have somebody who was impartial and outdoors of the quick household, as inevitably, some bequests will need to have been contentious. Usually, land and the income from its rental would both be given to the widow, and never offered or divided up till after her dying, or offered instantly, with the curiosity invested from its sale for use to help her till her dying or remarriage. Equally, if the beneficiaries have been beneath twenty one, the age of consent, curiosity on actual property would usually be used for his or her upkeep and even schooling till they got here of age and will inherit the land holding in their very own proper. Minors function usually, as mother and father wanted to make provision for his or her dependant kids. Equally, grandparents usually remembered their grandchildren of their wills, particularly if the latter had suffered the lack of a father or mother.

Constructing a household tree

Two Wylye wills of explicit curiosity to me have been the wills of Thomas Small, proved in 1794, and Lydia Small, proved in 1805, the mother and father of my ancestor, Sarah Small. The wills produced the next household tree:

From his will, I learnt that Thomas Small was a baker, one thing that had not been recorded in parish registers. He left £100 every to his three sons, Henry, William and Edward, to be paid to them instantly after the dying of his spouse, Lydia. Nonetheless, his three daughters, all recognized with the names of their husbands, have been to obtain just one guinea every “and no extra”, paid inside a month of his decease. His spouse, Lydia, was to obtain the whole lot else, together with the “inventory and utensils within the bakery enterprise”. It’s doubtless that Thomas and Lydia had run the enterprise collectively so she would keep on after Thomas’ dying. The daughters’ bequest of 1 guinea every was a tiny fraction of the cash their brothers obtained. At first sight, it appeared that my ancestor, Sarah, the spouse of the labourer, Philip Bennett, had been harshly handled. Nonetheless, maybe Thomas and Lydia had agreed to make provision for his or her daughters after Lydia’s dying. In her will that she wrote in 1795, Lydia requested that her executor, John Perrior of Wylye, ought to promote her land, and all her possessions after her dying excluding her garments, and make investments the proceeds for the advantage of her three daughters. As soon as once more, the names of her daughters’ husbands are given, this time with the addition of their occupations. Curiously, Ann Small, Lydia’s granddaughter, who was residing together with her, was to obtain a bequest of £20 and a share of her garments. None of Lydia’s sons had a daughter named Ann presently, which means that Lydia’s granddaughter could have been illegitimate. Lydia had a daughter named Ann who had died eight days earlier than her father had made his will, which explains why she is just not talked about. In close by Tisbury, there’s the baptism of Anna Maria Small, the daughter of Ann Small on 14 December 1775. It seems doubtless that Anna Maria was Lydia’s granddaughter and Lydia had taken her in to dwell together with her.

Feminine Ancestors

Round twenty p.c of wills in Wylye for this era have been made by ladies, primarily widows, and these are sometimes probably the most fascinating wills of all due to the quite a few bequests to household and associates. On account of modifications in title and brides transferring away from their household house, ladies will be significantly tough to hint. Nonetheless, ladies incessantly function as beneficiaries in wills, in addition to appearing as witnesses and executrixes. Probate information can due to this fact be particularly helpful in figuring out ladies, who could have modified their title a number of instances in the event that they married greater than as soon as. That is illustrated by the need of Robert Small, a cousin of Sarah Small. A gentleman of Wylye, Robert Small wrote his will in 1813 and made his “pricey mom, Frances Affected person” and his brother, William Small, the beneficiaries of his property. The parish registers of Wylye document the wedding of Frances Small, a widow, to George Affected person, a widower and gentleman on 22 February 1797. A number of years earlier, Frances Gibbs married Robert Small by licence on 28 April 1790 in Wylye. The desire gives the proof that Frances Gibbs, Frances Small and Frances Affected person are literally the identical individual.

The desire of Ann Brandis dated 1806, turned out to very helpful to my Small analysis. In Ann’s will, she provides a mourning ring that was made to commemorate her brother, William Small, to her granddaughter Diana Brandis. The burial of William Small is recorded within the Wylye burial registers in 1788. Aside from revealing the provenance of a household heirloom and treasure, this bequest offered the proof of Ann’s maiden title. She left a number of bequests to the next people:

• Her son, Thomas Hinwood, a service of Symmington
• Her daughter, Ann Rumsey
• Her granddaughters, Henrietta and Sophia Scammel
• Her granddaughter, Diana Brandis
• Her son, Christopher Brandis

It took some investigation to untangle her varied marriages. It turned out that Ann Small was the sister of my ancestor, Thomas Small. She was baptised in Wylye on November 16 1731. In 1756, she married her first husband, Thomas Hinwood. Sadly, she was left as a widow with three younger kids upon his dying in 1765. Two years later, in 1767, she married a 46 yr previous bachelor, Richard Rumsey, they usually had two daughters earlier than his dying in 1771. She married for a 3rd time in October 1773, her new partner being Christopher Brandis. The wedding was very short-lived as Christopher dies in August the next yr, leaving Ann pregnant with their son, who she names after his father at his delivery in February 1775.

Trying on the Wylye probate information, I can see that when Ann’s first husband, Thomas Hinwood died, Ann utilized to manage his property as Thomas didn’t depart a will. She was assisted by William Small, a corn miller of Wylye (her brother) and Thomas Fricker, a dairyman of New Court docket, Downton, (a relative on her mom’s aspect). Her second husband, Richard Rumsey left a will, made shortly earlier than his dying in 1771, and Ann is made the executor and her brother, Thomas Small, is a witness. Her third husband, Christopher Brandis, doesn’t make a will and an administration was not produced. With out the information of her earlier names, (offered by the bequests in her will), I might not have been capable of determine Ann in any of those prior probate paperwork. Likewise, I might by no means have recognized that any of them have been related to my analysis if I had searched solely by title. Generally a possible clue to an individual’s identification could also be discovered within the names of witnesses and directors who may need been relations.

Parish Registers

Probate information will be very useful in figuring out baptisms, marriages and burials of relations. It’s normally potential to seek out the burial of the testator, as most wills have been proved inside a number of months of dying and the date of their will tells you once they have been final alive. Nonetheless, parish registers haven’t at all times survived, particularly at early dates, and a few entries are lacking.

The mom of my ancestor, Thomas Small, (whose will was proved in 1790), was Bridget Fricker. Bridget had been baptised in close by Steeple Langford in 1697, the daughter of Edward Fricker and his spouse Ann. The desire of Thomas Fricker of Wylye, which was proved in 1737, proved to be very helpful and produced the next household tree:

Thomas Fricker, the testator, will be recognized because the brother of Bridget’s father, Edward Fricker. I already had the baptism of Edward’s son, Stephen, who was talked about within the will, however most importantly, Thomas provides the mill at Wylye and land at Stockton to William Small, his kinsman. William Small was the husband of Bridget. Their eldest son, William, obtained Thomas’ family items. What is very important about it will is that the opposite siblings of Thomas Fricker, who all obtained bequests, have been unknown to me. Edward had been baptised in 1667 in Wylye, the son of Edward and Catherine Fricker however it could appear that information of the baptisms of Ambrose, Henry, Thomas, John, Bridget and Margaret, the opposite kids of the couple, have in all probability not survived.

Migration

Probably the most tough issues a household historian faces is discovering the place the place an individual originated. Even previous to the Industrial Revolution, folks moved across the nation, maybe to seek out work or to hitch different relations. Even when a potential candidate is discovered, how will you show that it’s the individual you might be in search of? Wills can reveal these household connections to locations.

An instance of that is contained within the will of Mary Perrior, a widow of Wylye, who made her will on 8 December 1796. She names the next family:

• Her daughter, Sarah, the spouse of James Coombes of West Stower, Dorset, yeoman
• Her granddaughter, Sarah Thorne
• Her granddaughters, Mary and Diana Mussell

From Mary Perrior’s will, we all know that her, daughter, Sarah, had moved away to Dorset after her marriage. Sarah in all probability didn’t survive lengthy sufficient to be recorded in census information, so this doc gives useful proof about her parentage. In case you have a possible baptism for an ancestor however lack the proof that it pertains to the individual you might be in search of, have a look at native probate information for proof.

Household Relationships

I really like the truth that wills can provide you an perception into household relationships. Isaac Fleming in his will dated 1819, provides his daughter, Anna Fleming, his family items and furnishings as much as the worth of £20, to be chosen by his spouse inside a month of his decease. Nonetheless, the next means that he didn’t belief his spouse fully to adjust to this:

“But when my spouse shall refuse or neglect so to do inside that time frame, then the identical shall be instantly afterwards chosen by my Trustees hereinafter named”.

The desire of Richard Rumsey, dated 1771 means that not everybody in his household accepted of his late marriage, as a 46 yr previous bachelor, to Ann Hinwood, nee Small. He reserves his two granaries and the pump and cistern standing within the malt home for his spouse:

“And in case the kids of my mentioned brother William make any demand of my spouse, apart from the family items, I empower her to demand of them what they owe me for board and cloaths”.

Paternity

An enormous problem in household historical past is the unknown paternity of illegitimate kids. Nonetheless, it’s potential that the daddy of an illegitimate youngster would possibly point out them of their will. Should you have no idea their title, you might solely uncover this by taking a look at wills for a selected place within the related time interval. The desire of John Neal, an innkeeper of Wily, dated 1805, made fascinating studying:

“First I bequeath unto Mary Bryant daughter of Jane Bryant within the parish of Wily within the County of Wilts the sum of fifty kilos of lawful cash of Nice Britain instantly after my decease. I’ll the cash be paid into the palms of William Thompson to place out the Cash to Curiosity upon pretty much as good Safety as he can and to pay unto the mentioned Mary Bryant two shillings per week paid from the curiosity and when that is gone, from the entire.

John Neal additionally asks his executors to place Mary at school when she is sufficiently old to be taught, and to pay for her education “till that point she is proved to be a very good scholar”. Mary’s mom, Jane, is to obtain £10, £5 on the time of his decease and £5 twelve months later. A search of the Wylye parish registers reveals the baptism of Mary in 1798:

Clearly, although he doesn’t determine her immediately, John Neal needed to make it possible for his daughter, Mary, was taken care of. Cash is even to be spent on her schooling after his decease. He’s additionally well-disposed in the direction of Mary’s mom, Jane Bryant, leaving her a bequest too.

Pals

Additionally it is evident that associates have been vital and have been usually left legacies or trusted to behave as witnesses, directors and executors. I found that William Small, who was described as a miller of Wylye, (his father, William, had inherited the mill from Thomas Fricker), was appointed as an executor to his pal, John Abrey, a yeoman, in 1787, together with one other pal, Charles Hibberd of Barford, miller. A lot of John Abrey’s property was to be held in belief for the advantage of Charles Hibberd the youthful, the second son of Charles senior, for his schooling and upkeep till he was to obtain the land on the age of 21. If Charles Hibberd was your ancestor, you might by no means find out about his stroke of excellent fortune with out taking a look at this Wylye will.

Private Possessions

A list could be drawn up after dying so the non-public results of the deceased might be distributed. The place these survive, they make fascinating studying, as one will get an perception into the contents of an individual’s home. In the event that they have been farmers, their livestock and animals would even be included. Private possessions may additionally typically be recorded as separate bequests in a will. Widows and spinsters have been significantly eager to offer particular objects to their feminine family and associates. One will which I significantly loved studying was the need of Ann Hayter, widow, dated 4 Nov 1763. She left all kinds of non-public bequests, together with the next:

• Daughter in legislation Jane Stone, widow of the late James Stone of Bulbridge Farm, Wilton, £5, three silk robes, black velvet cardinal and my crimson quilted petticoat.
• Hannah Hayter, a widow, of Wylye, 4 guineas and the remainder of her attire to be shared equally with Miah Seawell, the spouse of John Seawell.
• Mrs Jane Smith, two gold rings, one with this motto “In thee my selection I do rejoice”, the opposite a mourning ring in reminiscence of John Stokes.

Commerce/Occupation

Chances are you’ll discover out extra about an individual’s commerce via a listing, which could record instruments, or because of bequests made in a will. Christopher Card, who made his will in 1728, was a maltster. His daughter, Martha, was to obtain one furnace, one kiln for making malt, one cistern, one granary home and one shovel home belonging to the messuage and tenement the place he lived. His different daughter, Mary was to obtain “three rating kilos” when she reached the age of 21 and one brewing kettle. Martha was to take over her father’s malting enterprise after her mom’s dying.

Servants

I get the impression that many testators turned keen on their servants, significantly if they’d given them lengthy service. Shut relationships will need to have been shaped, particularly in the event that they lived in and the testator was aged and wanted care. In case your ancestor was a servant, it’s potential you will see them talked about within the will of their grasp or mistress. Nicholas Burt, a labourer, in his will of 1811, left £5 to Mary Perrier, his housekeeper, together with:

“one cheese and half a flitch of bacon if I don’t Iive to spend it”.

John Mussell, a yeoman, granted his property in 1757 to his two cousins and his servant, Martha Hinton, spinster, to be equally divided between them “share and share a like”

John Aubrey in his will of 1787, mentioned that his servant, Ann Younger, was to obtain three guineas and the maidservant of Ann Hayter, at time of her decease, was to obtain a wardrobe of clothes: her mistresses’ two finest linen robes, two white quilted petticoats, two finest white aprons and two finest blue-checked ones.

Care of Minors/Susceptible Household Members

Filed together with the probate paperwork was a bond of guardianship, dated 5 December 1752 that referred to the guardianship of Thomas Small, aged 18, son of the late William Small of Wylye. This doc due to this fact offered my ancestor’s age, the title of his father and the knowledge that his father had died by this date. Matthew Pritchard, a shopkeeper of Tisbury, James Polder a miller of Tisbury, James Tebeult of the Metropolis of Sarum, innholder and Thomas Dunbare, a weaver, additionally of Sarum, have been appointed as his guardians on 5 Dec 1752. I discovered that there was an administration for Thomas’s father, William, after William’s dying in 1738. Maybe as a result of his father had died intestate, it was mandatory to guard his property and make sure that Thomas obtained his inheritance when he turned 21. Thomas had married his spouse, Lydia Fry, two years earlier in 1750 when he was round sixteen years previous, so maybe his marriage had introduced in regards to the bond of guardianship.

It’s extremely uncommon to discover a will made by a married girl previous to 1882, as a result of earlier than this date, the property of a married girl belonged to her husband and a spouse may solely make a will with the permission of her husband. This was granted to Betty Locke, who’s described because the spouse of Richard Locke in her will dated 18 April 1791. Betty was very involved in regards to the welfare of her “unlucky” son, William Warne, by her former husband, Matthew Warne. William was attributable to obtain £300 when he reached the age of 21 however due to his “misfortune” it had by no means been given to him. Betty appoints executors to take a position the £300 and asks that her son is put beneath their care and custody with the curiosity used to help and preserve him “till such time as it could please almighty god to revive him his psychological schools”. In her prolonged will she refers to numerous indentures made between her and different people together with a wedding settlement.

Marriage Settlements

Probate information present proof of marriage settlements. John Andrews, in his will dated 1828, states that his daughter, Katherine, had been superior £400 as a wedding portion, (dowry) when she not too long ago married Robert Gooden, a maltster of Collingbourne Kingston. He remarks tartly that if Katherine doesn’t return it so it’s a part of his property, she’s going to obtain nothing extra.

ADMINISTRATIONs

Usually, administrations present restricted data, maybe the title of the surviving partner or a baby, together with the names of these appointed by the court docket to assist administer the property. Nonetheless, often, extra data will be gleaned. For instance, an administration was produced for Edward Davis of Wylye in 1784. Edward’s father, James Davis of Teffont Magna, was his subsequent of kin however he renounced his proper of administration. Edward’s kids, who have been all minors, have been named as Elizabeth, Letitia, James, Edward and Mary Davis. Generally an administration was produced as a result of the need of the testator was deemed to be invalid. On this state of affairs, the unique will could be annexed. Generally, this occurred as a result of an executor had died.

William Bennett, the daddy of my ancestor Philip Bennett, died intestate in 1791. Philip was appointed to manage his father’s property and this helped me to determine William’s burial within the Wylye parish registers. There was one other burial of a William Bennett in 1781, and no ages have been recorded in both entry.

PLace of Burial

Many testators requested that their executors ought to make sure that they have been decently buried. Ann Hayter, in her will of 1763, needed to be buried within the chancel of Wylye church, subsequent to her husband. Because of this, she gave the next bequests:

• One guinea to the Minster of Wylye for his consent to have her grave made within the chancel and one other one for preaching a funeral sermon.
• One guinea to the clerk for digging her grave considerably deeper than odd and for tolling the bell.
• One guinea to Joseph Lane, stone-cutter of Tisbury, for filling up the tombstone
• One guinea to John Doughty of Wylye for aiding on the funeral and carrying the brick to the church for the grave.

This can illustrates that you simply by no means know in what context an ancestor could be talked about.

Charity

It’s not uncommon to seek out charitable bequests given by the wealthier members of the neighborhood. John Stevens, whose will was proved in 1701, gave £5 to be distributed to sixteen poor households the day after his burial.

Household Teams

Generally a will will point out who lived with the testator. John Barnett, in his will of 1742, provides bequests to his sister in legislation, Mary Cooper, and Jane Everly, spinsters, who lived with him in his home.

Spiritual Beliefs

It could be potential to discern if an ancestor was a non-conformist. Christopher Brandis, in his will of 1853, wrote the next:

“its my want that the Chapel be at all times let to the identical society for preaching as Lengthy as my spouse shall dwell”.

Possession and Occupation of Land

Most wills comprise particulars of land holdings. There’s a description of the land and whether or not it was freehold, leasehold or copyhold and any circumstances beneath which it was held, such because the lives of named people. Wills could due to this fact warn you to the existence of title deeds and if the land was held by copyhold, additional helpful data could also be present in manorial information. There could even be a sign of how the land was inherited or from whom it was bought. Cornelius Giles, in his will proved in 1850, states that he had bought the Swan Inn in Wylye from his pal, William Thompson, in return for an annuity of £20 a yr for his life, together with that of his brother, George Giles.

Signatures

Probate information can reveal whether or not your ancestor was literate, as testators, directors and witnesses needed to signal their title or make their mark. In the event that they signed their title, this may be helpful for identification, as you may evaluate the signature with that discovered on one other document, similar to a wedding entry. I discovered a good looking signature for my ancestor, Philip Bennett, who acted as an administrator upon his father’s dying in 1791:

Conclusion

The wills of Wylye are fascinating and provides a useful perception into the lives of the inhabitants of the village over the centuries. They supply great genealogical data and even for those who ancestor didn’t make a will or died intestate, you might properly discover them talked about inside probate information, no matter their social standing. Looking out by place, somewhat than by title, can yield sudden treasures. Sooner or later, I hope to have a look at surviving probate information for Wylye pre 1700 and broaden my search to neighbouring villages. Likewise, further wills and administrations held by the Prerogative Court docket of Canterbury will be discovered via looking out by place*. I hope you are feeling inspired to undertake an analogous train and see what wonderful data you will discover by yourself household inside these wonderful information.

© Judith Batchelor 2022

* Should you search the information of the Prerogative Court docket of Canterbury, I’ve discovered it higher to make use of the web site of the Nationwide Archives (U.Ok.), because the search engine consists of variants of place names.