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English Probate Pre-1858
On 11 January1858 the administration of probate matters was turned over to the civil authorities, but prior to 1858 probate matters were handled by ecclesiastic authorities. That's why you need to understand the organization of the Church of England in order to understand pre-1858 English probate records. The divisions of the Church of England from smallest to largest are:
PARISH: District served by a Vicar or a Rector. In rural areas, a parish includes many villages and usually carries the name of the town where the parish church is. If there is more than one church in a parish, the others are chapelries. Larger cities will have many parishes, each having jurisdiction over a portion of the city--sometimes as little as a few blocks.
RURAL DEANERY: An area consisting of a number of parishes, headed by a Dean who is usually also one of the parish ministers within that deanery.
ARCHEACONRY: An area consisting of a number of Rural Deaneries, with their parishes, headed by an Archdeacon. Yorkshire had five Archdeaconries: The Archdeaconry of York or West Riding, The Archdeaconry of the East Riding, The Archdeaconry of Cleveland, The Archdeaconry of Craven, and The Archdeaconry of Richmond.
DIOCESE: An area headed by a Bishop, consisting of one or more Archdeaconries. Yorkshire had two Dioceses: The Diocese of York and The Diocese of Ripon. (Note that the Diocese of Ripon wasn't split off from the Diocese of York until 1836 and had no probate jurisdiction).
PROVINCE: Headed by an Archbishop. Prior to 1920, there are two provinces in England:
Province of Canterbury (PCC) for the midland and southern counties and Wales.
Province of York (PCY) for the eight northern counties.
In most of England, probates were usually handled by the Archdeaconry Court of residence. However, some parishes and deaneries held probate courts, and are referred to as PECULIARS. If property was owned in more than one area, or the deceased was of a higher status, a higher court took jurisdiction. The Provincial (Prerogative) (PCC/PCY) Courts handled estates of those living outside of England and Wales.
NOTE that probate matters in Yorkshire are a little different from the rest of England. Compared to the other counties, Yorkshire has substantially more potential jurisdictions for probate matters. There are ten major courts and something like 60 minor courts and peculiars. Here are the ten major probate courts in Yorkshire (according to the Family History Library):
Exchequer Court of York (the Diocesan Court - had jurisdiction over most of the County)
Prerogative Court of the Archbishop of York (PCY) (held jurisdiction in cases of bona notabila)
Chancery Court of the Archbishop of York (probated many wills of the clergy)
Consistory Court of the Archbishop of York (jurisdiction limited, mostly heard appeals)
Court of the Bishop of Chester
Court of the Bishop of Durham
Court of the Dean and Chapter of York (main court during vacancies of the Archbishop)
Consistory Court of the Commissary of the Archdeacon of Richmond (Eastern Deaneries)
Consistory Court of the Commissary of the Archdeacon of Richmond (Western Deaneries)
Prerogative Court of the Archbishop of Canterbury (PCC)
Note that the Exchequer Court of York and the Prerogative Court of the Archbishop of York filed most of their probate records together. Therefore the main calendar for the two courts is a single calendar, usually referred to as the Exchequer and Prerogative Courts of the Archbishop of York. Most of the wills for the two courts are also filed together. The Admons are filed separately.
A single parish will not fall solely in the jurisdiction of one of these courts. There were many factors that would require probate to be filed in a superior court: the income of the decedent, whether he or she had property in more than one jurisdiction, whether a court was inhibited, etc. Therefore you will often need to search several courts in your search for your will. It can be worth it though, if your search leads you to a doozy of a will!
To find the potential Probate Courts for a parish consult Pre-1858 English Probate Jurisdictions published by the Genealogical Society of the Church of Jesus Christ of Latter Day Saints. These are at most Family History Centers and other genealogical libraries. Locate your parish on the map and check the color. Then refer to the Probate Jurisdiction Tables to find the Probate Jurisdiction(s). The Probate Jurisdiction Table will suggest an order of search.
Next order the appropriate index. Most probate records and indexes have been filmed and are available through the FHC. To find a major court (For Yorkshire, one of the courts listed above), do a locality search in the Family History Library Catalogue for [COUNTY] - ENGLAND and then search the Probate Records Topic. Minor courts and peculiars will usually be listed at the parish level, therefore search the Family History Library Catalogue for [PARISH] - [COUNTY] - ENGLAND and then search the Probate Records Topic. PCC probates will be listed under ENGLAND - Probate Records.
One final comment - about the underestimated value of Administrations and Act Books. If there is a will there is very little motivation to search the Act Book - almost all it ever says is who was granted administration of the will, and the will tells who the testator intended for that to be, so why bother to look at the Administration? But consider this: Thomas Turner dies in July. In his will he makes his wife Ann Turner sole Executrix. However it's eight months before his will is proved. In the mean-time his wife re-marries and the Act Book entry for the will of Thomas Turner reads: "Admon of his goods was granted to Ann the wife of Francis Harrison, his Relict." This was how I found out that my Ann Turner who married Francis Harrison had a first husband named Thomas Turner. Ann's birth name wasn't Turner, it was Edgehill - and I had been chasing an Ann Turner for years. I found that entry by accident, and what a fortuitous accident it was! Maybe it's not a bad idea to look at the Administration or Act Book too, just in case…
Abatement: A reduction in the legacies detailed in the will, usually caused by a lack of funds.
Act Book: A daily register noting the official grants of probate of Wills, Letters of Administration (Admon), and other probate business.
Administration, Letters of (usually abbreviated to Admon.): A grant to the next-of-kin (or some other person or persons) who applied to administer the property of an intestate.
Administration (Letters of) with Will annexed: A grant, usually to the next-of-kin, when the will did not specify any executors or if the executors were unable to act, or renounced, or had died. The will is then attached to the Admon Bond.
Administration Bond: Persons granted administration were legally bound to pay a set amount if they failed to administer the estate honestly and faithfully. Prior to 1733 Bonds are in latin, but the names can easily be picked out of the first two lines. The date is in the last line of the first paragraph. The first paragraph also states the amount the administrator will be required to pay if they fail to act honestly (typically twice the value of the estate). The relationship of the administrator(s) to the deceased can be located in the second paragraph, which is typically in English. Administration Bonds deal with issues such as administration of an estate, curation or tuition of a minor, or performing an inventory of the testator's possessions.
Administrator / Administratrix: A person appointed to administer an estate. In the case of an intestate, usually (but not always) the next-of-kin. (I've seen plenty of Admons in which Administration is granted to a creditor.) An Administratrix was a woman.
Admon.: See Administration, Letters of.
'Bona Notabilia': A latin term meaning considerable goods, technically £5 or more. When the deceased had 'bona notabilia' in more than one jurisdiction, a will should have been proved in a superior court.
Borough English: The ancient Anglo-Saxon custom wherein the youngest son inherited the land.
Calendar: An index, chronological within initial letter of surname, normally but not always contemporary with the records being indexed.
Caveat: A warning notice that a will is to be disputed.
Citation: A summons to appear before a court.
Codicil: a postscript to a will containing later additions or modifications.
Curation: Guardianship over minors - under 21 but over 14 (boys) or 12 (girls). Typically abbreviated as Curon. See also Tuition.
Dean and Chapter: The Chapter is the administrative body of a Cathedral. The Dean is their presiding officer. The Dean & Chapter held peculiar jurisdiction over parishes in the patronage of that cathedral and had jurisdiction during the vacancy of the higher court.
Devise: Disposition of real property.
Diocese: The ecclesiastic district over which a bishop has authority.
Exchequer: This term is unique to Yorkshire and refers to probate jurisdiction for the Diocese of York. Exchequer probates were normally handled by Rural Deaneries.
Executor / Executrix (often abbreviated to Exor): A person appointed by the testator to carry out the provisions of a will. Male = Executor, female =Executrix.
Folio: a group of pages - more than two and less than sixteen. Probate indexes typically refer to folio numbers as opposed to page numbers. These folio numbers typically appear on every other page.
Gavelkind: The equal division of property among the sons of the deceased. This practice was not permitted in England under Norman rule, as it divided the estate. The practice did continue in Ireland after the Norman invasion.
Grant: Approval of the submission of the executor or administrator, denoting probate or letters of administration.
Guardianship: See Curation and Tuition.
Heir: Originally the person(s) (typically the eldest son) legally entitled to inherit the real property of the deceased. Other next of kin could only inherit personal property.
Honour: See Manor
Inhibition: The period during the visitation of a Bishop to an Archdeaconry, when the Archdeacon's court would be closed and probate business conducted in the Consistory Court. In theory the visitation of an Archbishop to a Diocese would have the same effect on a Consistory Court, but in post-medieval times this was likely to be 'pro forma' only. Some peculiars were entirely exempt from visitation and inhibition, others were subject to visitation by a Dean or a Dean and Chapter. Visitations would normally last several months at intervals of several years.
Infra: latin term meaning below or under. For example, in referring to the value of an estate a calendar might include this notation: inf: 5 £
Intestate: A person who died without making a will.
Inventory: A list of personal and household goods left by the deceased, with their appraised value. Occupation was usually given, or can be inferred from tools of trade. They were common in the later 16th and 17th centuries, but became much less detailed and less common in the 18th century.
Legacy: Technically the disposition of personal property, but the term eventually came to be used for both real and personal property.
Liberty: See Manor
Manor: Occasionally manorial courts had peculiar or exempt jurisdiction over a parish or part of a parish. An Honour (cf. Knaresborough, Yorks.) or Liberty (cf. Frampton, Dorset) might be a group of manors with such exempt jurisidiction.
Nuncupative will: A will made orally, normally by a testator on his deathbed, written down and sworn to by witnesses, but not signed by the deceased.
Overseers: Those assigned by the testator to oversee the administration of the estate.
Peculiar: A parish or group of parishes, not necessarily adjacent or even in the same district or county, which were usually exempt from the testamentary jurisdiction of the Archdeaconry and often the Consistory Court. Ecclesiastical peculiars were often subject to a Dean or Dean and Chapter, though they might be administered by a locally appointed official; a Bishop's peculiar might be administered by the Consistory Court; a number were royal or Archbishop's peculiars, usually locally administered; and there were some lay, manorial or collegiate peculiars.
Personalty: Personal property (goods, chattels, credits, etc.) as opposed to real property. Originally, only personalty (moveable property) could be bequeathed, and such a document is technically known as a testament.
Prebend: A Prebend or Prebendary is a priest on the staff of a Cathedral. If he presides over a Peculiar, the court is referred to as a Prebendal Court.
Prerogative Court: The Provincial Court. See Province.
Primogeniture: The practice of conferring land on the eldest son without subdivision, thereby leaving an estate intact for centuries. The Normans brought this practice with them when they conquered England.
Probate: From the Latin probare (to approve or prove). An official act of a court declaring the will to be legally binding and granting the Executor(s) the right to carry out its terms.
Probate Act: The record of probate, entered into the Act Book.
Proved: A will has been proved when probate has been granted.
Province: The Dioceses over which an Archbishop has authority, ie, before 1858, in England and Wales, the provinces of Canterbury and York, and in Ireland, the province of Aimagh. The Prerogative Courts of the Archbishops had superior jurisdiction to all others, and Canterbury was superior to York.
Realty, Real Property, Real Estate: Property or interests in land, as opposed to personalty. Originally, most realty (heritable property) could not be divided, or there were limitations on its bequest, therefore the disposition of real property does not usually appear in early probate documents.
Registers and Registered Wills: Volumes of copy wills, made at the time of probate. It is these the searcher will normally see, though sometimes only original wills are available. At times only the registered copies survive. These are not to be confused with archbishops' and bishops' registers, which record their provincial and diocesan activities, but also include occasional wills, particularly in medieval times.
Renunciation: When an executor declines to apply for probate.
rpt: unique to Yorkshire probate records, this abbreviation indicates there was no Inventory filed with the will
See: Often used as a synonym for diocese, though technically the seat of the bishop or the diocesan centre.
'See Vacancy' or 'Sede Vacante': Vacancy of the See.
Sentences: The final judgment on a disputed will, often entered in an act book.
Testament: Normally a synonym for a will, but technically a document which excludes realty (heritable property).
Testator: A man who has made a will. A testatrix is a woman.
Tuition: Guardianship over minors - under 15 (boys) or 13 (girls). Typically abbreviated as Tuon. See also Curation.
Vacancy: A break in the official business of the court on the death or translation of the bishop or other chief official. The court might be closed and business carried on in another court, but often this was 'pro forma' only, as the same actual officials carried on, powers from the alternative court being delegated to them.
Will: A written document by which a person declares his or her intent for the disposition of property and rights after his or her death, normally signed and witnessed. Originally a will was used to dispose of only real property, and a testament was used to dispose of personal property. Eventually the two documents were combined, hence the phrase "last will and testament." Eventually the two terms came to be synonymous.
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