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=== Types of Probate Records === | === Types of Probate Records === | ||
'''Will.''' Technically, a will conveys real (immovable) property to heirs after an individual’s death. A registered will is an official copy made by a court clerk.<br> | '''Will.''' Technically, a will conveys real (immovable) property to heirs after an individual’s death. A registered will is an official copy made by a court clerk.<br> | ||
'''Testament.''' A testament conveys personal (move-able) property to heirs. The term will eventually referred to both a will and a testament.<br> | '''Testament.''' A testament conveys personal (move-able) property to heirs. The term will eventually referred to both a will and a testament.<br> | ||
'''Administration, Letters of Administration, or Admon.''' These names refer to a document appointing someone to supervise the estate’s distribution for someone who died intestate (without a valid will). This document gives very little information but may contain some useful clues, such as the name of the administrator, who was usually a relative of the deceased.<br> | '''Administration, Letters of Administration, or Admon.''' These names refer to a document appointing someone to supervise the estate’s distribution for someone who died intestate (without a valid will). This document gives very little information but may contain some useful clues, such as the name of the administrator, who was usually a relative of the deceased.<br> | ||
'''Admon with Will.''' This record grants administration to someone else when the executor named in the will is deceased, unwilling, or unable to act as executor. A copy of the will is attached.<br>. | '''Admon with Will.''' This record grants administration to someone else when the executor named in the will is deceased, unwilling, or unable to act as executor. A copy of the will is attached.<br>. | ||
'''Inventory.''' An inventory lists belongings and their values, including such items as household goods, tools, and personal items. Occupations are often mentioned.<br> | '''Inventory.''' An inventory lists belongings and their values, including such items as household goods, tools, and personal items. Occupations are often mentioned.<br> | ||
'''Bond.''' A bond is a written guarantee that a person will faithfully perform the tasks assigned to him by a probate court. The executor posted a testamentary bond, the administrator posted an administration bond, and the guardian of a minor child posted a bond of tuition or curation. | '''Bond.''' A bond is a written guarantee that a person will faithfully perform the tasks assigned to him by a probate court. The executor posted a testamentary bond, the administrator posted an administration bond, and the guardian of a minor child posted a bond of tuition or curation. | ||
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=== Laws and Customs === | === Laws and Customs === | ||
Wills were made primarily by the middle and upper classes, mostly by males with property. Before 1882 a wife who died before her husband could not make a will except with her husband’s consent or under a marriage settlement created before her marriage. A widow, however, could make a will.<br> | Wills were made primarily by the middle and upper classes, mostly by males with property. Before 1882 a wife who died before her husband could not make a will except with her husband’s consent or under a marriage settlement created before her marriage. A widow, however, could make a will.<br> | ||
Before 1750 heirs often did not prove wills to avoid court costs. The will was often kept in case someone later objected to the distribution of the property. As a result, sometimes wills were probated decades after the testator’s death. Some archives have collections of unproved wills. Others may be among family papers. | Before 1750 heirs often did not prove wills to avoid court costs. The will was often kept in case someone later objected to the distribution of the property. As a result, sometimes wills were probated decades after the testator’s death. Some archives have collections of unproved wills. Others may be among family papers. | ||
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*The Prerogative Court of Canterbury (PCC) was the highest court. This court was used if the deceased had property in more than one diocese. | *The Prerogative Court of Canterbury (PCC) was the highest court. This court was used if the deceased had property in more than one diocese. | ||
If a court’s decision was disputed, additional records may be found among later records of the same court or in any court of higher jurisdiction. Decisions made in the diocesan and archdeaconry courts in Wales could be appealed to the Prerogative Court of Canterbury and then to the Court of Arches (of Canterbury). Final appeals from all courts were taken to the Pope until 1533. They were then taken to the Court of Delegates until 1832, after which the Privy Council handled them. | If a court’s decision was disputed, additional records may be found among later records of the same court or in any court of higher jurisdiction. Decisions made in the diocesan and archdeaconry courts in Wales could be appealed to the Prerogative Court of Canterbury and then to the Court of Arches (of Canterbury). Final appeals from all courts were taken to the Pope until 1533. They were then taken to the Court of Delegates until 1832, after which the Privy Council handled them. | ||
=== Counties and Courts === | === Counties and Courts === | ||
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Here is a list of the counties of Wales and the courts that had primary jurisdiction over all or part of them: (Click on a county name to learn more.) | Here is a list of the counties of Wales and the courts that had primary jurisdiction over all or part of them: (Click on a county name to learn more.) | ||
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{| cellspacing="1" cellpadding="1" border="1" width="592" style="width: 592px; height: 441px;" | {| cellspacing="1" cellpadding="1" border="1" width="592" style="width: 592px; height: 441px;" | ||
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|- | |- | ||
| [[Monmouthshire]] | | [[Monmouthshire]] | ||
| Court of the Bishop of Llandaff; Court of the | | Court of the Bishop of Llandaff; Court of the Bishop of Hereford; Court of the Archdeaconry of Brecon | ||
|- | |- | ||
| [[Montgomeryshire]] | | [[Montgomeryshire]] | ||
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|} | |} | ||
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=== Availability === | === Availability === | ||
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'''York Probate Sub-Registry''' | '''York Probate Sub-Registry''' | ||
Duncombe Place | Duncombe Place | ||
York YO1 2EA | York YO1 2EA | ||
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'''Probate Search Rooms''' | '''Probate Search Rooms''' | ||
First Avenue House | First Avenue House | ||
42–49 High Holborn London | 42–49 High Holborn London | ||
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Website: [http://www.hmcourts-service.gov.uk/cms/1226.htm http://www.hmcourts-service.gov.uk/cms/1226.htm] | Website: [http://www.hmcourts-service.gov.uk/cms/1226.htm http://www.hmcourts-service.gov.uk/cms/1226.htm] | ||
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Sometimes solicitors (attorneys) kept will books, copies of wills they had prepared for clients. These books have often found their way into record offices. The books may include wills that were later revoked or never probated. | Sometimes solicitors (attorneys) kept will books, copies of wills they had prepared for clients. These books have often found their way into record offices. The books may include wills that were later revoked or never probated. | ||
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To overcome the above problems, search the records of all probate courts having jurisdiction over the areas where the individual had property. You may also need to extend your search several years after the individual’s death.<ref>The Church of Jesus Christ of Latter-day Saints, ''Research Outline: Wales'' (Salt Lake City: Corporation of the President, 2000), 57-61.</ref> | To overcome the above problems, search the records of all probate courts having jurisdiction over the areas where the individual had property. You may also need to extend your search several years after the individual’s death.<ref>The Church of Jesus Christ of Latter-day Saints, ''Research Outline: Wales'' (Salt Lake City: Corporation of the President, 2000), 57-61.</ref> | ||
[[Wales, Probate Abstracts (FamilySearch Historical Records)]] | [[Wales, Probate Abstracts (FamilySearch Historical Records)]] | ||
== External Links == | == External Links == | ||
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== Sources == | == Sources == | ||