Jill Morris explores wills from the 14th to 19th centuries, available online
Header
Image: ‘Dr Syntax making his will’ by Thomas Rowlandson (1820)
Jill Morris
is a regular writer for Discover Your Ancestors Periodical.
Locating where an ancestor’s will may be kept can be a daunting task. Fortunately, many indexes are now available on CD and online, and TheGenealogist has a collection available of over a million wills dating from 1384 to 1858.
Until 1858, probate – a legal document that grants an executor or executors named in a will the right to administer the deceased’s estate and divide his or her property – was granted in England and Wales by ecclesiastical courts. The most important was of these was the PCC, or Prerogative Court of Canterbury, which covered southern England and Wales; the Prerogative Court of York covered the north of England. There were around 250 smaller courts across England and Wales, but each would come under the jurisdiction of either Canterbury or York.
A will was proved in the court closest to where the deceased’s physical property was and not where he or she lived. In a simpler case, where all property was located in one archdeaconry (usually the poorer), it would be proven in that archdeacon’s court. If property spread across more than one archdeaconry, a will would be proved in a bishop’s court; if across more than a single diocese, it would be proven in the geographically relevant Prerogative Court. This means that many of the wills proved in the Canterbury or York court would have been those of the wealthy. Wills of those who died overseas were always proven in the PCC.
James Thomas Greenwood’s will, at TheGenealogist.co.uk, includes the information that he was a painter from Leeds, that his will was dated 22 January 1834, that it was proved on 2 September 1834, that his executor was his “friend and brother in law” William Tagg Wormald – who was also to ensure that a funeral was paid for – and names the witnesses as Edward Rhodes and William Wood. Underneath is the first two lines of the last will and testament of Rebecca Gibbs, whose will, at four pages, is a little more detailed
In some cases wills could have been penned for boys aged 14 and girls just 12. The age minimum for both became 21 in 1837. Bear in mind, though, that those written for women before 1882 would have been the unmarried or widowed, as a woman’s property passed to her husband until 1882.
Wills proved in the ecclesiastical courts are valuable sources of information for genealogists. They include information about the deceased, where he or she lived and was buried, the name of the executor(s), witness signatures, dates and names of family and other beneficiaries, and sometimes occupations. Reading between the lines often gives clues as to family relationships and standards of living. When searching for a will, remember that it could have been proved some time after its testator died, so broaden year parameters, and check for different spellings of names.
Intriguing article?
Subscribe to our newsletter, filled with more captivating articles, expert tips, and special offers.
