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Scotland Probate Records: Difference between revisions
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== Historical Background == | == Historical Background == | ||
Testaments are court records dealing with the distribution of a person’s estate after death. These records can be very helpful because they were recorded long before statutory birth, marriage, and death registration began in 1855. Testaments were made primarily by the middle and upper classes, most of whom were | Testaments are court records dealing with the distribution of a person’s estate after death. These records can be very helpful because they were recorded long before statutory birth, marriage, and death registration began in 1855. | ||
Testaments were made primarily by the middle and upper classes, most of whom were: | |||
*Nobility | |||
*Gentry | |||
*Merchants | |||
*Tradesmen. | |||
However, they are a very valuable source not to be overlooked regardless of the social standing of your ancestors. | |||
Information recorded in testaments may include | Information recorded in testaments may include: | ||
*Death dates | |||
*Names of Heirs and Guardian | |||
*Relationships | |||
*Residences | |||
*Inventories of the estate (including household goods) | |||
*Names of witnesses. | |||
On the other hand, as there were very strict rules about the distribution of ''moveable'' property, there was no need to name a widow/widower or children, and often they are not named at all. | |||
Essentially, a surviving spouse had to inherit a third, the children one third and the deceased could dispose of the last third (''the deid's part'') by a ''latterwill'' or ''legacie''. There were further rules to complicate matters, but that's the essentials of it. | |||
== Online Resourcs == | |||
*[http://www.scotlandspeople.gov.uk/ Scotlandspeople], index, images, free index, pay per view ($) | |||
*[http://search.ancestry.com/search/db.aspx?dbid=6344 Aberdeen, Scotland, Register of Testaments (Wills), 1715 - 1800], ($) | |||
*[http://search.ancestry.com/search/db.aspx?dbid=5841 Ayrshire, Scotland, Parish and Probate Records, 1500's - 1800's] ($) | |||
*[http://search.ancestry.com/search/db.aspx?dbid=5842 Banffshire, Scotland, Parish and Probate Records, 1500's - 1800's.] ($) | |||
*[http://search.ancestry.com/search/db.aspx?dbid=5857 Clackmannanshire, Scotland: Parish and Probate Records 1500's - 1800's ] ($) | |||
=== Online indexes to Testamentary Records === | |||
Indexes are being compiled for these wonderful records: | |||
[http://www.scotlandspeople.gov.uk/content/help/index.aspx?r=554&407 www.Scotlandspeople.gov.uk 1513-1925] The wills & testaments index contains over 611,000 index entries to Scottish wills and testaments dating from 1513 to 1901 | |||
[http://www.ancestry.co.uk www.ancestry.co.uk][http://search.ancestry.co.uk/search/db.aspx?dbid=1904 1861-1941 ] is an index to the wills of the Principal Probate Registry in England. Sometimes there are wills of Scottish people in this index. For example, a person who was living in England at the time of death but had property in Scotland could have a will in the Principal Probate Registry. Most of the Scottish people listed in this index will also be listed in the index above. | |||
[http://www.scotlandspeople.gov.uk/content/help/index.aspx?r=554&407 Scotland’s People] <br>[http://www.nas.gov.uk/guides/wills.asp National Archives of Scotland] | |||
=== Learn More About Testamentary Records === | |||
To read more about Scottish testaments, go to the appropriate pages on these websites: | |||
[http://www.scotlandspeople.gov.uk/content/help/index.aspx?r=554&407 Scotland’s People] <br>[http://www.nas.gov.uk/guides/wills.asp National Archives of Scotland] | |||
=== Movable Property Only === | === Movable Property Only === | ||
In Scotland before 1868, it was not possible to leave ''immoveable'' property (land, buildings, titles or other ''heritables'') to a person by means of a will. It was only possible to give personal property, known as ''moveable'' property, by means of a testament. | In Scotland before 1868, it was not possible to leave ''immoveable'' property (land, buildings, titles or other ''heritables'') to a person by means of a will. It was only possible to give personal property, known as ''moveable'' property, by means of a testament. | ||
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To help you determine which commissariat court had jurisdiction over which parishes and counties, go to the ''[http://www.scotlandspeople.gov.uk/content/help/index.aspx?r=551&636 ScotlandsPeople]'' website and its [http://scotlandspeople.gov.uk/content/help/index.aspx?r=551&636 'Courts Map'] page, which identifies which courts operate in a given county by clicking on the appropriate county; or see the following guides: | To help you determine which commissariat court had jurisdiction over which parishes and counties, go to the ''[http://www.scotlandspeople.gov.uk/content/help/index.aspx?r=551&636 ScotlandsPeople]'' website and its [http://scotlandspeople.gov.uk/content/help/index.aspx?r=551&636 'Courts Map'] page, which identifies which courts operate in a given county by clicking on the appropriate county; or see the following guides: | ||
*''Testaments and Commissariat Records of Scotland.'' Salt Lake City, Utah: Genealogical Society of Utah, 1972. (Family History Library book {{FHL|425488|title-id|disp=941 P2gs; fiche 6054479}}.) | *''Testaments and Commissariat Records of Scotland.'' | ||
*Salt Lake City, Utah: Genealogical Society of Utah, 1972. (Family History Library book {{FHL|425488|title-id|disp=941 P2gs; fiche 6054479}}.) | |||
*Cecil Sinclair. ''Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office''. Edinburgh, Scotland: Her Magesty’s Stationery Office, 1990. (Family History Library book {{FHL|941 D27s|disp=941 D27s}}). Identifies court(s) by county along with ending dates for Commissariot and beginning dates for Sheriffs Court, which often overlap. | *Cecil Sinclair. ''Tracing Your Scottish Ancestors: A Guide to Ancestry Research in the Scottish Record Office''. Edinburgh, Scotland: Her Magesty’s Stationery Office, 1990. (Family History Library book {{FHL|941 D27s|disp=941 D27s}}). Identifies court(s) by county along with ending dates for Commissariot and beginning dates for Sheriffs Court, which often overlap. | ||
*Kathleen Cory. ''Tracing Your Scottish Ancestors, Third Edition''. Baltimore, MD: Genealogical Publishing Company, 2004. Appendix III provides a table listing all parishes, among other things identifying Commissariot(s) which included that parish, and date of first testament or inventory for the parish. | *Kathleen Cory. ''Tracing Your Scottish Ancestors, Third Edition''. Baltimore, MD: Genealogical Publishing Company, 2004. Appendix III provides a table listing all parishes, among other things identifying Commissariot(s) which included that parish, and date of first testament or inventory for the parish. | ||
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The original records of the commissariat and sheriff courts are housed at the [http://www.nas.gov.uk/ National Archives of Scotland] in Edinburgh. | The original records of the commissariat and sheriff courts are housed at the [http://www.nas.gov.uk/ National Archives of Scotland] in Edinburgh. | ||
The Family History Library has microfilm copies of the commissariat court records to 1823 and some sheriff court records. To find these records, look in the Locality Search of the [http://www.familysearch.org/Eng/Library/ | The Family History Library has microfilm copies of the commissariat court records to 1823 and some sheriff court records. To find these records, look in the Locality Search of the [http://www.familysearch.org/Eng/Library/Catalog FamilySearch Catalog] under: | ||
*Scotland -- Probate records | *Scotland -- Probate records | ||
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You may also access testamentary records online through the ScotlandsPeople web site (see Indexes below). | You may also access testamentary records online through the ScotlandsPeople web site (see Indexes below). | ||
=== Indexes to Testamentary Records === | === Indexes to Testamentary Records === | ||
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*Testaments for women may be under their maiden name. | *Testaments for women may be under their maiden name. | ||
=== Help | ===Books to Help Understanding Testaments === | ||
*Burness, Lawrence. A Scottish Genealogist’s Glossary. Aberdeen: Aberdeen & North East Scotland Family History Society, c1990. (FHL British Ref 941 D27bL) | *Burness, Lawrence. A Scottish Genealogist’s Glossary. Aberdeen: Aberdeen & North East Scotland Family History Society, c1990. (FHL British Ref 941 D27bL) | ||
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*Gibb, Andrew Dewar. Student’s Glossary of Scottish Legal Terms. Edinburgh: W. Green & Son, Ltd., 1946 (FHL British book 941 P36g) | *Gibb, Andrew Dewar. Student’s Glossary of Scottish Legal Terms. Edinburgh: W. Green & Son, Ltd., 1946 (FHL British book 941 P36g) | ||
*Gouldesbrough, Peter. Formulary of Old Scots Legal Documents. Vol. 36 Edinburgh: The Stair Society, 1985. (FHL British book 941 B4st v. 36) | *Gouldesbrough, Peter. Formulary of Old Scots Legal Documents. Vol. 36 Edinburgh: The Stair Society, 1985. (FHL British book 941 B4st v. 36) | ||
Return to the [[Scotland|Scotland ]]. | Return to the [[Scotland|Scotland ]]. | ||