Knowledge base

Wills and Divorces

1. Death Duty Registers
2. London & West Kent Probate Indexes 1750 to 1858
3. Divorce and Matrimonial cause

1. Death duty registers

The Archive of Indexes to Death Duty Registers contains digitised images of the original indexes created by the Estate Duty Office (later to become the Inland Revenue) of all wills and administrations attracting Death Duties from all the Probate Courts in England and Wales.

The original indexes are held by The National Archives, London, England, under the series title IR27 and are made available here under license.

This valuable consolidated index is particularly useful to genealogists and family historians in two ways.

Firstly, if you find an entry in this online index, you may obtain a copy of the entry from the Death Duty Register. The information in the Death Duty Register gives different information to a will or administration and contains information not found elsewhere.

The registers were created by the office responsible for collecting taxes on personal estates.

Details of what the estate was actually worth after debts and expenses and what the beneficiaries received can be recorded.

In addition to the last address and occupation of the deceased, they can give the date of the will, the names, addresses and occupations of the executors, and details of estates, legacies, and trustees.

They may also give the date of death and information about beneficiaries and family relationships.

The registers could be annotated for many years after the first entry and therefore, can include information such as dates of death of spouse; dates of death or marriage of beneficiaries and grandchildren and further residential addresses.

Secondly, this online index forms a national index to all wills and administrations which attracted death duties between the dates of 1796 to 1903.

If you are looking for an English or Welsh will or administrations between these dates, the index can be used as a short cut to finding in which of the many probate courts the will was proven or letters of administration granted.

With this information you may be able to obtain a copy of the will or administration. Not every will or administration is covered but, after 1815, most should be traceable through this online index.

What are Death Duties?

In 1796 Legacy Duty was a tax payable on money left in wills or received from an administration (admon) of a personal estate. Close relatives such as wives and children did not have to pay.

More distant relatives had to pay and this was based on a percentage
depending on the relationship between the Testator or Intestate and the Beneficiary.

Between 1796 and 1903 the scope of taxes payable was extended and many more estates became subject to what is collectively referred to as "Death Duties".

1805 Legacy Duty was extended to include closer relatives and money received from the sale of real estate.

1815 The Stamp Act extended the duty further to include all beneficiaries except spouses.

1853 The introduction of Succession Duty in addition to Legacy Duty meant that a tax was payable on any of sort property transfer occurring at death, with or without the existence of a will or admon.

1881 Probate Duty was introduced and taxed all personal property bequeathed at death.

1894 Estate Duty replaced Probate Duty and taxed all property bequeathed at death.

From 1796 abstracts of most and from 1812 copies of nearly all wills and admons in England and Wales had to be deposited at the Legacy Duty Department of The Stamp Duty Office, this later became

The Estate Duty Office. Registers were compiled with details of the estates liable and taxes levied and are collectively known as the `Death Duty Registers’.

To find an individual entry in the Death Duty Registers you need to consult the Estate Duty Office Indexes to the Death Duty Registers. This is the Index available here.

The key to the Indexes is the Court name where the will or admon was proved or grant issued, until 1812 a separate index for each court was created. You will find using the index after this date is less complicated

Hierarchy and Probate Jurisdiction

Searching the Indexes is easier and faster if you have some understanding of the system for proving wills or issuing grants in England and Wales.

This was in the hands of the church until 1857 and various conditions applied and determined which court had jurisdiction and depending on the Testator"s or Intestate"s individual circumstances, which court would be most appropriate for the purpose.

England and Wales was divided ecclesiastically into two, the Province of Canterbury and the Province of York. Each Province had an Archbishop and an Archbishop’s court, known as the Prerogative Court.

These were the highest authorities within each Province; however, The Prerogative Court of Canterbury was the senior court of the two in regards to England and Wales as a whole and indeed could prove the will or issue a grant for any inhabitant of either Province.

The following briefly outlines the jurisdiction of the different courts appearing most commonly in the Indexes. Most counties were subject to at least a two tier system of hierarchy

Prerogative Court of the Archbishop of Canterbury

Superior jurisdiction in England and Wales and above the Prerogative Court of York. Sole jurisdiction when a testator held possessions of £5 or more in more than one diocese or peculiar in the Province of Canterbury and those with possessions in England and Wales who died overseas.

Prerogative Court of the Archbishop of York

Superior jurisdiction over all other courts in the Province of York. Superior jurisdiction when a testator held possessions of £5 or more in more than one diocese or peculiar in the Province of York. If a testator held possessions in both Provinces, Canterbury had jurisdiction.

Bishops Diocesan and Consistory Courts

The Bishops courts with jurisdiction over the Archdeaconry courts. There could be several Archdeaconry Courts within the Bishops Diocese.

Commissary Courts

Held the authority or commission to exercise jurisdiction on behalf of an Archbishop or Bishop.

Archdeaconry Court

Normally the lowest of the ecclesiastical courts but most dealt effectively with wills and admons within their jurisdiction.

Dean and Chapter Courts

Clergy usually with peculiar jurisdiction over parishes within the patronage of their Cathedral.

Peculiar Court

Sometimes "Royal" peculiars, a parish or group of parishes, not always in the same county that were exempt from the jurisdiction of the Archdeaconry and sometimes Consistory Courts.

The jurisdiction of a court did not necessarily apply to just one county. A court could have jurisdiction over several parishes in several counties. Therefore, between 1796 and 1811 The Estate Duty Office created a separate index for each court and sometimes groups of courts.

These are not indexed by county, only by the court name. For help in identifying the jurisdiction of a court from a county level during this period, please refer to Counties and Probate Jurisdictions. This should be used as a guide only as there may have been other factors which could have determined why your ancestor’s will was not proved in his local court of probate

Using the Estate Duty Indexes

Finding a will or admon between 1796 and 1823

You should now have some understanding of the ecclesiastical court system in England and Wales at the time. Entries are listed in order of date of probate or issue of grant and not date of death; therefore, you should always check the indexes for a few years after the date of death.

Between 1796 and 1823 a separate index was created for each court or sometimes groups of courts. If you do not know the name of the court that may have granted probate or issued the grant, you may find our guide Counties and Probate Jurisdictions helpful.

Your free search will list pages relevant to your surname query from all courts with jurisdiction throughout England and Wales during this period. These are not pages of exact surname matches, surnames were not recorded alphabetically but by different methods of sub -division and grouping.

The more obvious place to start is the Index for the Archdeaconry, Consistory, and Commissary Courts covering the locality or county of the person’s home. For example; if an individual owning land or property all located within the jurisdiction of one Archdeaconry Court died, his will or admon would probably be found in the Archdeaconry Court Index.

If he owned property or goods in more than one area thus involving the jurisdiction of another Archdeaconry Court then his will or admon would have to be proved in a superior court; such as the Consistory Court or even the Prerogative Court.

You should always consider the possibility that the will was proved or grant issued in the Prerogative Courts by choice. The details of wills and admons of ordinary people such as tradesmen, merchants, farmers and many more were often proved in the Archbishop’s Courts through choice.

There is no evidence in the Estate Duty Office Index to wills and admons in either the Prerogative Court of Canterbury, or the Prerogative Court of York to suggest that these courts were reserved solely for wealthy individuals.

You may come across `peculiars’ these were sometimes called ‘Royal peculiars’ and were courts having special jurisdictions over certain areas.

Therefore if a person happened to have property in one of these districts, his executors would not be allowed to prove his will in the local Archdeacon’s Court or even perhaps in the Consistory Court, although they would be able to go above the Peculiar Court and prove it in the Prerogative Court.

Finding a will or admon between 1812 and 1857

From 1812 to 1857, although the ecclesiastical court system remained the same, The Estate Duty Office revised their method of indexing and recorded all wills and admons in one of three indexes only; if you are searching through the Country Courts Index you will find the court of probate included in the entry.

• Administrations for Country Courts (This is all courts excluding the Prerogative Court of Canterbury, (PCC)
• Administrations for the Prerogative Court of Canterbury (PCC)
• Wills for Country Courts and the Prerogative Court of Canterbury (PCC)

Finding a will or admon between 1857 and 1903

In 1857 The Court of Probate Act brought to an end the jurisdiction of the old ecclesiastical courts. From the 12nd January 1858, the Principal Probate Registry became responsible for the proving of all wills and issuing of all grants of administrations.

The good news is that copies of all wills and admons from 1857 in England and Wales should be traceable through the Principle Probate Registry. If you are using these Indexes to find a will or admon from 1858 you should be aware that there is a National Calendar of wills and admons from this date in many Record Offices, usually available in microform.

However, if you are unable to gain access to this, you can utilise The Estate Duty Indexes up until 1903 for this purpose, you may not find an entry if the will or admon was valued at less than £20.

Counties and Probate Jurisdictions relevant to Estate Duty Office Index 1796 to 1857

2. London & West Kent Probate Indexes 1750 to 1858

London Probate Indexes 1750-1858

This index currently contains surnames A-F (about 20,500 entries).

Each entry includes surname and forename; date of the grant of representation to the estate; whether a will, administration or other record; the court; parish, county, country etc. of residence, as given in the original; and any other details as shown, including cross-referenced aliases and maiden, former or other surnames.

This index covers the administration of estates at nine courts not covered by the index for London and Middlesex probate entries 1750-1858 in the Prerogative Court of Canterbury (PCC) series held at The National Archives.

The nine courts in question are as follows:

1. The Royal Peculiar of St Katherine by the Tower: entries 1750-1772, and one in 1818. Original records held at the Guildhall Library, Aldermanbury, London EC2P 2EJ.
2. The Royal Peculiar of the Commissary Court of the Dean and Chapter of Westminster: entries 1750-1780s, with a few later to 1829. Original records held at the City of Westminster Archives, 10 St Anne's St, London SW1P 2XR
3. The Archbishop of Canterbury's Peculiar of the Deanery of Croydon: most entries relate to Kent and Surrey, but those for residents of Harrow with Pinner and Hayes with Norwood have been extracted 1750-1780s, with a few later for 1800-1832. Original records held at Lambeth Palace Library, London SE1 7JU.
4. The Archbishop of Canterbury's Peculiar of the Deanery of the Arches: entries 1750-1780s, with a few later to 1806. Original records held at Lambeth Palace Library.
5. The Peculiar of the Dean and Chapter of St Paul's Cathedral: entries 1750-1837. Original records held at the Guildhall Library.
6. The Archdeaconry Court of Middlesex: entries 1750-1785, with a few later to 1810. Records held at the London Metropolitan Archives, 40 Northampton Rd, London EC1R OHB.
7. The Archdeaconry Court of London: entries 1750-1785, with a few later to 1807. Records held at the Guildhall Library.
8. The Consistory Court of London: entries 1750-1858. Records held at the London Metropolitan Archives.
9. The Commissary Court of London: entries 1750-1858. Records held at the Guildhall Library.

The index is easily as rich and varied as the PCC, albeit necessarily on a smaller scale. There are entries from all over England (and particularly Essex and Hertfordshire as the jurisdiction of the Consistory Court of London stretched into those two counties), plus Ireland, Scotland and Wales; but great strength also lies in prodigious numbers of people domiciled or dying abroad, and of soldiers and sailors on active service - in virtually every case, the regiment or ship's name is given. The range of surnames is vast, and it is probably true to say that there are not many which do not have at least two or three entries, even ones localised in areas far from London. Most entries in the index relate to wills and administrations, but the calendars to the smaller courts also reveal a few bonds, caveats and other associated documents, all of which have been included, as have occupation, parish and other details, if shown.

The index has been constructed for the most part from the near-contemporary probate calendars, continuously updated registers divided into first letter of surname, but no further. All information contained in those calendars has been included in the index, but note that some volumes are defective or too tightly bound to allow all details to be gathered (indicated in the index by three short dashes) but there is still in every instance sufficient detail for the researcher to turn to the records of the appropriate court and examine the full original entry. Parish and other place names, and a few other words have been silently expanded. It is a near certainty that the calendars will have errors or omissions, and thus a search of the Probate Act books may be necessary if you are sure that a will was proved but cannot find the entry.

A detailed article on the contents and the problems of constructing the index can be found in The Genealogist's Magazine for September 2001.

The finer points of probate searching, together with the reasons why an entry cannot be found and what can be done to circumvent the problem, will be found in Dr David Wright's Kent Probate Records (available from the author: see http://www.davideastkent.canterhill.co.uk/kpr1.htm), which covers not only that county's extraordinary probate material, but the PCC, the Estate Duty records, the Prerogative Court of York, and the Principal Probate Registry. The suggestions made there are applicable for searching in any county and include, for example, advice on testamentary procedure, how to abstract a will, and a glossary of probate terms. Suggestions are offered on ways to overcome negative searches, including the possibility of an entry being entered under an alias unknown to you, a grant being issued many decades after the death, a grant being issued in a court far from the place of residence at the convenience of a distant executor, and the time-consuming but potentially valuable exercise of examining every entry for a surname in order to go backwards by first going sideways.

Note: Surnames G-Z of the London Probate Index (about 50,000 entries) are fully indexed and held by Dr Wright pending digitisation; in the interim you may contact Dr Wright for searches in this section of his Index: see www.davideastkent.canterhill.co.uk/contact.htm for contact details. The minimum search fee is £5 for up to ten entries of a surname and its near variants. Larger listings are costed at 50p per entry. Dr Wright can obtain photocopies of desired entries from the archives, and will quote once you indicate your requirements.

West Kent Probate Indexes 1750-1858

The wills for the Diocese of Canterbury (effectively East Kent) are more or less fully indexed, although the equally (and sometimes more) valuable administrations are not.

The West Kent Probate Index is a master index of wills and administrations to the two probate and two peculiar courts of the Diocese of Rochester:

1. The Archdeaconry Court of Rochester
2. The Consistory Court of Rochester
3. The Archbishop's Peculiar of the Deanery of Shoreham
4. The Peculiar of the Rector of Cliffe

All the 6,300 or so entries have been indexed, with each entry showing the name and surname of the testator or intestate, the parish of residence, occupation and/or marital status, the year and month of the grant, and the issuing court.

All original wills and administration bonds have also been checked and some entries accidentally omitted from the probate act books have now been rescued from oblivion.

As the National Archives have produced an online index to the national PCC series of wills (class PROB11) in which many Kentish people appear, the publication of the West Kent Probate Index means that the century leading up to the advent of the Principal Probate Registry in 1858 is well-nigh complete for the Diocese of Rochester.

Dr Wright can obtain photocopies of desired documents from the archives, and will quote once you indicate your requirements. See www.davideastkent.canterhill.co.uk/contact.htm for Dr Wright's contact details.

Wills and probate

Findmypast.co.uk would like to thank Your Family Tree magazine for kindly contributing this article.

Many people believe that historically only the rich and famous (or infamous) made wills, but many ‘ordinary’ folk also left them. Here’s our guide to finding and using wills for family history

The search for wills and probate records falls within two distinct periods in England and Wales - before and after 11 January 1858. From the 14th century until 10 January 1858 the proving of wills came under the jurisdiction of the Church, and so can be found deposited with the records of the ecclesiastical courts. On 11 January 1858, the Probate Act of 1857 came into force, thereby making the proving of wills and probate a civil matter.

The Court of Probate was established with probate registries in London and throughout the country. Since 1970 it has been part of the Court of the Family Division, and District Probate Registries can often be found within these court buildings.

For wills proved after 1858, if you know the name of the deceased person, the name of the court and the date on which probate was granted, a copy of the will can be purchased either by:

• A personal visit to Court of Probate at High Holborn
• Ordering from your local District Probate Registry
• By post from the Probate Registry at York (which includes a four-year search).

Each copy currently costs £5.00 (as at March 2008) and can vary in length from just a few lines up to 20 pages. A person leaving a will dies testate and the granting of probate enables his or her executor or executrix to carry out the terms of the will. A person who does not leave a will dies intestate, and letters of administration are issued (usually to the next of kin) to administer the estate.

However, most of us do not have the above information, so a search of the National Probate Calendar (generally known as ‘Wills and Admons’) is necessary. These are annual cumulative indexes of all wills proved in England and Wales from 1858 to the present day.

Copies can be found in book, microfiche or microfilm form at major repositories, and also at some large libraries and Probate Registries. Entries appear in the volume covering the year in which the will was proved, not the year in which the person died, and this may be several years after the death occurred.

The entry usually provides the date and place of death as well as the names of the executors/ administrators and the amount of the estate.

These indexes, used in conjunction with the General Register Office (GRO) Index of Deaths can help you to ascertain if the entry you have found in the GRO Index is the one you are seeking.

Quite often the will is better value for money because it should provide more genealogical information. Don’t assume that your ancestor was too poor to have left a will.

There may have been some items of special sentimental value that he or she wanted to pass on to a favourite relative, and so although the amount left may be small in monetary terms, in genealogical terms it can be priceless.

The extracts for 1916 shown below have consecutive entries in the sums of £19 18s 0d and £79,183 2s 3d respectively:

WILLIAMS Mary Catherine
of 31 Howard-street Hulme MANCHESTER died 14 March 1916 at the Workhouse Infirmary Withington Manchester Administration Manchester  3 April to Annie Webb spinster. Effects £19 18s.

WILLIAMS Mary Elizabeth
at Holme Island Grange-over-Sands LANCASHIRE widow died 28 July 1915 Probate LANCASTER 13 January to George Edward Moser solicitor George Evans chartered secretary and managing director and John James Moffect accountant. Effects £79,183 2s 3d.

Dates to remember

Between 1858 and 1870 the wills and letters of administration have separate sequences, with admons appearing alphabetically after the wills. From 1871 both are listed in the same alphabetical sequence.

Although the year 1858 is vital to locating wills and probate records, two other dates are also helpful. Death Duty is a term used to encompass various taxes, such as on legacies, from 1796.

Initially these were payable on estates with a value of £20 or more, and taxes collected by the Estate Duty Office. This later merged with the Inland Revenue, and so the death duty registers and their indexes are in Classes IR 27 and 28 at the National Archives (TNA).  

As there is no single index to wills prior to 1858 which could have been proved in any of the 250 or so ecclesiastical courts, the Death Duty Registers are an effective shortcut to locating wills proved between 1796 and 1858. They cover the period up to 1903 and may be annotated, so it is worthwhile examining these in addition to the will itself wherever possible.

The TNA leaflet Death Duty Records from 1796 (DR 57) can be downloaded here.

Initially, much of the estate was exempt from tax, but, by 1815, this applied only to the portion paid to the spouse, so after this date more wills became liable to death duty - especially as the lower limit of £20 had not been increased, even though inflation had risen.

Before 1858 there was a strict hierarchy of courts in which wills could be proved. The smallest of the jurisdictions was the Peculiar, which generally consisted of one or more parishes located within an Archdeaconry, but exempt from the Archdeacon or Bishop's authority.

They fell within the jurisdiction of another religious authority, such as the Dean and Chapter of a Cathedral, a lay authority such as a university or the Lord of the Manor. Most had ceased to function by 1857, but Phillimore's Atlas and Index of Parish Registers gives the location and names of Peculiars within each English and Welsh county.

Archdeacon’s Courts could prove wills or grant letters of administration if the testator's property was held only within the area covered by the Archdeaconry.

Where property was held in more than one Archdeaconry, the Bishops (or Consistory) Court had jurisdiction, but where goods to the value of £5, or £10 in London, were held in more than one diocese the deceased was deemed to be in possession of a bona notabilia, and probate was granted in the higher court.

These were the Prerogative Court of Canterbury (PCC) and Prerogative Court of York (PCY).  The former held seniority and covered most of England and Wales south of Derbyshire, and was located at Doctor"s Common close to St Paul\"s Churchyard in London.

It was the location of property which determined the court at which the will was proved, so this was not necessarily geographically near to where the person lived or died. Stocks (or gilts) were administered by the Bank of England, and so any stockholder would be considered as holding property in London.

Sometimes it was more convenient for wills to be proved in a higher court than necessary if, for instance, the executor lived some distance from where the deceased's property was held. Wealthy people also tended to utilise the higher courts as a symbol of their status.

The PCC was also the preferred court for many non-conformists and Catholics who did not want to deal with the Established Church. It was obligatory for serving soldiers and sailors, people with property held in England and Wales who died abroad and people from abroad who died here to have their wills proved at the PCC.

During the Commonwealth (1653-1660) all wills were proved at this court.

Wills and probate - obligations

Until 1782 executors or administrators were obliged to supply a 'true and perfect inventory of the goods and chattels' of the deceased person. This is, in effect, a room-by-room guide to his dwelling, itemising all the goods within the house as well as any outbuildings, workshops, live or dead stock, and crops.

While only a small portion of those for the PCC have survived prior to 1660, a higher proportion may be found in the Archdeacon's or Bishop's Court records.

For example, the inventory for Mary Hadley, widow of Aston [Birmingham], went to probate in 1693 and lists goods in the house as well as her deceased husband's work tools. Her estate was valued at £1 10s 10d, much of which came from the sale of goods amounting to 6s 01/2d to one John Hadley.

Most wills made by women prior to the 20th century were probably those of widows. Spinsters were often too poor, and until the passing of the Married Women's Property Act in 1883, on marriage any property of the bride became that of her husband unless private arrangements, such as a marriage settlement, had been made.

Before 1840 the will register for each year was given the name of a prominent person whose will was contained in it. That of 1734 was named 'Ockham' after Lord King of Ockham who was Lord Chancellor, and responsible for the Act ordering English to be used in legal documents instead of Latin.

Wills are one of the few documents which give us a real insight into both the blood / marriage relationships between family members but, more importantly, they are probably the only source which tells us the emotional relationships between the testator and the persons to whom he or she left all their worldly goods.

By Doreen Hopwood

In memoranda?

Deathbed Wills

Some wills were spoken, or were written in the testator's own hand.

Death-bed or non-cupative wills

Until the law was amended in 1837, these spoken wills made up almost a third of all probates. As long as the dying man had been resident at the place of death for at least ten days, and spoke his last wishes in the presence of three witnesses, the written account of his words were deemed to be legal even though the will was not signed by the testator. Non-cupative wills continued to be legal only for military personnel on active service. If the document starts with the word 'memoranda' this signifies that the will was spoken, not written by the testator.

Holograph wills

These were wills written entirely in the testator's own handwriting. They did not require witnesses, and could be probated on the strength of a statement from friends or relatives that the will was in the testator's own hand.

Understanding a will before 1858

A Will before 1858

Here is the breakdown for the impenetrable will of Richard Smalbroke 'the elder', 1613. A transcript of the original text can be downloaded below.

 Most wills start with a standard preamble
-IN THE NAME OF GOD AMEN The sixe and Twentith daye of July in the yeare of our Lord God one Thousand six hundred and Thirteene and in the yeare of "the Raigne of our soveraigne Lord James"

The soul is then committed to God, and a Catholic may add a prayer for the intercession of the Virgin Mary
"ffirst I comend my soule to Alimightie God my Creator and to Jesus Christ his sonne by whose death and bitter passion And by none other meanes I trust only to be saved"

Instructions for the funeral and burial
"my desire and will is That Mr. Archer viccar of Yardley aforesaid shall make a Sermon at my buriall"

Charitable bequests to the poor of the Parish
"to the poore inhabitants of Yardley aforesaid ffiftie shillings of lawfull money of England"

Description of location of realty
"All those closes pastures and Crofts of land with thappurtenances called or knowne by the name and names of the Colmans or Colemans lyinge in Yardley aforesaid in the said Countie of Wigorn"

 Widows were usually given a life interest in property - or until she remarried
"my will is that Elizabeth my wyfe shall occupie the same meadowe during her life shee payinge the rents thereof due to the ffeoltees of the parishe lands of Yardley"

The disposal of personality (or moveable goods)
"I give and bequeath unto the said Richard Smalbroke my chest or coffer wch I have standing in this house and all the glasse seeling and waynscott standing in upon or about the house in Yardley wherein I did lately dwell or in or upon the windowes or other partes of the same house and my Table boardes and fframes wth the benches and formes standing in the hall of the same house and one greate Pott that lately stoode in a ffornace of the same house"

Beware of the terminology of relationships
‘Step’ and ‘in-law’ were often interchangeable, and a ‘cozen’ may refer to a kinsperson other than a cousin. Blood ties and Godchildren were held in higher regard than in later times, and often named as beneficiaries
"I give and bequeath to Richard Smalbroke my godsonne the sonne of the said Richard Smalbroke and to Anne Turton my God daughter the wife of William Turton and to Elizabeth Shawe the wyfe of Henry Shawe and to every one of them one Angell of of (sic) gould...

Details of payments ‘for their pains’ was often made at this point to executors or trustees, etc
"And I give to every of them Tenne shillings for their paynes"

The inventory
"Inprimus in the hall house one Table with a fframe, one Drawing Table and one forme and halfe a Dozen of Buffett Stooles. Item in the Parlour. one Drawing Table boarde with the frame one longe formne one livery Cupboard one other Cupboard wch was my ffathers one little Drawing Table two Chayres of Joyners worke and half a dozen of Buffett Stooles. Item in the Buttrye one Bynne for bread and one Table with the frame. Item in the Celler or Taverne one S[?.] Item in the Chamber over the hall one Beddsteed with a Testerne and one livery Cupborde. Itm in the Chamber over the kitchen one Bedsted with a Testerne and one liverye Cupborde and one presse and one Tune Bedd Itm in the Chamber over the Parlor one Bedsted wth a Testerne one Ptirle bedd one square Table one livery Cupborde one wrought Chaire and one ioyned Chaire. Itm in the Studdye and Closetts all Bords Tables and Shelves. Itm in the Kitchen and Bakehouse one broade Square Table wth the fframe and one Turnebroche of Iron comonly called a Jack and a greate pan that standeth in the Bakehouse and ffurnis. Itm in the Cocklofts a clock with the greate Bell and all the poyses and waights thereunto belonginge"

Understanding a will after 1858

A will after 1858

A little easier than the last will and testament of one William Knight, 1857. A copy of the will can be downloaded below

Standard preamble
"This is the last will and testament of me William Knight late of Birmingham in the county of Warwick"

Disposal of realty and personalty
"Give and bequeath unto my dear wife Sylvia Knight all my household goods and furniture plate linen china books pictures implements utensils and household effects which shall be in or about my dwellinghouse"

As time progressed the legal jargon became more complex, and is often confusing until read through several times
"And shall exonerate all purchasers and other persons paying any monies to said trustees or trustee by virtue of this my will from all liability in respect of the application thereof I declare that if any one or more of my said trustees or trustee or any trustees or trustee to be appointed under this provision shall die (whether in my lifetime or after my death) or shall go to reside beyond the seas or shall become unwilling or unable to act as trustees or trustee
of my will"

The date of the drawing up of the will may be several years before the death of the testator
"This sixteenth day of June in the year of our lord one thousand eight hundred and fifty five"

Any number of codicils can be added to a will
They reflect changes, over time, in relationship between the testator and his beneficiaries. It may be that one of the executors or beneficiaries pre-deceased him, or simply that the person fell out of favour;

 "to make this codicil to my last will and testament I give and bequeath to my mother Susannah Knight the weekly sum of six shillings to be paid to her during her life"

Do not think that if a child is not named in a will that he or she was the family's "black sheep".
More often than not it meant that provision for that person had already been made. This can be fairly obvious if a husband left a large sum of money when he died, but on his widow's subsequent death, the sum was largely depleted. In most cases she would have provided for her children, although it is also possible that she had spent it.

Wills – the legal jargon

Glossary

Terms and abbreviations used in wills and will-making

Account

[Probate] Detailing the distributions of the personal estate and the financial and the administrator’s or executor’s expenses.

Act Book

The books which record the orders of the court - grants of probate to executors are recorded in the probate act books and grants of administration in the administration act books.

Administration

A grant giving the right to administer the estate of a person who died without leaving a valid will.

Bequeath

To leave by will - this relates only to PERSONAL property. See also Devise.

Calendar

[Probate] A list of names of persons for whose estates a grant of probate or administration has been made.

Codicil

A signed, witnessed addition to a will by the testator after the will has been drawn up and signed. Any number of codicils can be made.

Cousin German

First cousin - child of an aunt or uncle.

Coverture

The condition of a woman being married and under her husband’s protection.

Decree

A judgement of court - may indicate that contested proceedings had occurred.

Deposition

A testimony (which is usually written) given under oath.

Devise

To leave by will - this relates only to REAL estate. See also Bequeath.

Estate

The collective assets and liabilities of the deceased person.

Executor/trix

The man/woman appointed by the testator to dispose of his/her estate in accordance with the wishes expressed in the will.

Grant

An act transferring power - such as the granting of administration to an intestate’s next of kin by the court.

Holograph Will

A will written entirely in the handwriting of the person making the will.

Inventory

[Probate] A list of personal and household goods left by the deceased together with their appraised value. It does NOT include REAL estate or debts/liabilities.

Intestate

A person who has died without making a will or for whom no valid will can be found.

Minor

A person under the age of 21 years.

Noncupative Will

A will made ORALLY by the testator.

PCC

Prerogative Court of Canterbury.

PCY

Prerogative Court of York.

Personalty

Personal property - goods, chattels, credits, or moveable property.

Probate

The process of proving a will and also the evidence that a will has been accepted by the court, and that the executor has been granted permission to carry out the terms of the will.

Realty

Real estate, i.e. land and non-moveable property.

Relict

The remaining spouse - usually refers to the widow.

Testator/trix

A man/woman who has made his/her last will and testament.

Will

A written statement in which a person regulates the disposal of property and rights after his/her death. The WILL relates to realty (real estate), while the TESTAMENT refers to the personalty (personal estate) of the testator/ testatrix.

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3. Divorce and matrimonial causes

The Archive of Indexes to Divorce and Matrimonial Causes contains digitized images of the original entry books where divorce and matrimonial suits were filed.

The original entry books are held by, London, England, under the series title J78 and are made available here under license.

The entries provide summary details of causes such as divorce, restitution of conjugal rights, legitimacy and protection of earnings etc, raised in the Court for Divorce and Matrimonial Causes 1858 to 1873.

From 1873 all cases were heard by the then newly created Supreme Court of Judication, Probate and Admiralty Division, London, England.

Causes are listed by hand in entry books under the first letter of the Petitioners surname and record the full name of the Petitioner and the full name of the Defendant(s). In some cases up to eight Defendants are named.

If any party is known to have more than one surname, the alternative surnames are listed.

Details of the year of registration and cause number are included and many pages contain additional information inserted between causes; usually in the form of a reference to other petitions, dates of decrees and final outcome.

How to interpret

How were the original divorce and matrimonial causes indexes recorded?

The entries are listed chronologically by hand and are not in true alphabetical order but grouped by the first letter of the Petitioner's surname.
In many cases the reference 'orse' (meaning otherwise known as) is used for parties known to have more than one surname.
For example: In 1879 Annie Cohen otherwise known as Annie Van Moppas brought an action against Jules Cohen otherwise known as Jules Van Moppas.

In the entry book the case is listed as: Cohen orse Van Moppas Annie v Cohen orse Van Moppas. In some cases where the Defendant's surname is the same as the Petitioners surname, only the first letter of the Defendant's surname is included.
For example: In 1884 Samuel Chappell Wild brought an action against Maria Wild and a third party named Bishop.
In the entry book the case is listed as: Wild Saml Chappell v W Maria and Bishop.

Often, if a previous or later petition exists a cross reference may be added although it should be noted that not all additional petitions are noted in the entry books.
For example: In 1862, Caroline Sarah Massey brought an action against Nathaniel William Massey. The entry has been cross referenced with a further Petition in 1863.

First and middle names are often abbreviated. A comprehensive list of abbreviated names appearing in the Index to Divorce and Matrimonial Causes 1858 – 1903 is available.

I've found a divorce entry, what next?

If you find and entry in the index there should be a case number recorded. Not all pages include the date of the entry; please refer to the date shown in the search results. The year of entry and cause number is the vital reference for finding the case notes.

Case notes contain the petition and often copies of any affidavits and decrees. Case notes can be ordered at The National Archives.

Divorce records

The divorce records are a set of registers of decrees nisi and absolute, with their indexes. These are kept by the Principal Registry of the Family Division (PRFD), and are not accessible by the public. Instead, officials will carry out a paid search of the index, and certified copies of the decrees can be bought. You can contact them at:

Principal Registry of the Family Division
First Avenue House
42-49 High Holborn
London
WC2V 6NP
Tel: 020 7947 6971 or (international) +44 20 7947 6971

http://www.courtservice.gov.uk

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