Westmorland Probate Records: Difference between revisions

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{{Westmorland-sidebar}}{{breadcrumb
For an explanation of probate records in England, click [[England Probate Records|here.]]  
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| link2=[[Westmorland, England Genealogy|Westmorland]]
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| link5=[[Westmorland_Probate_Records|Probate Records]]
}}


== Getting Started  ==
== Westmorland Probate Courts ==


''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. Probate records include [[W genealogical glossary terms|wills]] and [[A genealogical glossary terms|administrations]]. This article is about probate records in Westmorland. See [[England Probate Records]] for a general description of probate records in England.
== Some Explanatory Notes on the Westmorland Probate Courts ==


=== 1858 to the Present ===
== Court Jurisdictions ==


Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.
Before 1858, every town and parish in Westmorland was under the probate jurisdiction of a primary court and several secondary courts.  When looking for a will of an ancestor in Westmorland, search the courts in the order given.  Search indexes first.  For indexes, click on the court name links above.  


==== Online Records ====
Here is a list of Westmorland towns and parishes beginning with the letter A.&nbsp; For other places, click on a letter link:&nbsp; [[Westmorland Probate Jurisdictions for Parishes Beginning with B|B]], [[Westmorland Probate Jurisdictions for Parishes Beginning with C|C]], [[Westmorland Probate Jurisdictions for Parishes Beginning with D through G|D-G]], [[Westmorland Probate Jurisdictions for Parishes Beginning with H|H<span id="fck_dom_range_temp_1238518000821_104" />]], [[Westmorland Probate Jurisdictions for Parishes Beginning with K|K]], [[Westmorland Probate Jurisdictions for Parishes Beginning with L|L]], [[Westmorland Probate Jurisdictions for Parishes Beginning with M|M]], [[Westmorland Probate Jurisdictions for Places Beginning with N through R|N-R]], [[Westmorland Probate Jurisdictions for Places Beginning with S|S]], [[Westmorland Probate Jurisdictions for Places Beginning with T through Z|T-Z]].


*'''1858-1957''' {{RecordSearch|2451051|England and Wales, National Index of Wills and Administrations, 1858-1957}} at FamilySearch — index
{| cellspacing="0" cellpadding="5" width="95%" align="center" border="1"
*'''1858-1995''' [https://www.ancestry.com/search/collections/1904/ England & Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1995] at Ancestry
|-
*'''1858-2019''' [https://search.findmypast.co.uk/search-world-records/england-and-wales-government-probate-death-index-1858-2019 England & Wales Government Probate Death Index 1858-2019] at Findmypast
! style="background: #ffdead" width="15%" | PARISH
! style="background: #ffdead" width="40%" | PRIMARY COURT
! style="background: #ffdead" width="40%" | SECONDARY COURTS - IN SEARCH ORDER
|-
| Ambleside
| Court of the Bishop (Consistory) of the Commissary of the Archdeaconry of Richmond Western Deaneries - Kendal
| 2 - Exchequer and Prerogative Courts of the Archbishop of York
3 - Chancery Court of the Archbishop of York


=== Before 1858  ===
4 - Court of the Peculiar of the Dean and Chapter of York


Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Westmorland, follow these steps:
5 - Prerogative Court of the Archbishop of Canterbury


==== Step 1. Search Indexes  ====
|-
| Appleby St Laurence
| Court of the Bishop of Carlisle (Episcopal Consistory)
| 2 - Exchequer and Prerogative Courts of the Archbishop of York
3 - Court of the Peculiar of the Dean and Chapter of York


Here are some online indexes to probate records that include individuals who lived in Westmorland. Search these indexes first:
4 - Chancery Court of the Archbishop of York


*Search [https://www.ancestry.com/search/collections/62474/ an index of wills and related documents covering Lancashire north of the Ribble, and parts of Cumberland, Westmorland and Yorkshire, 1748-1858.] $ Specifically, it indexes all surviving probate documents for the Western Deaneries of the Archdeaconry of Richmond, 1748-1858. The deaneries included Kendal&nbsp;which had jurisdiction over roughly the southern half of the old county of Westmorland. An index reference includes name and&nbsp;occupation of the deceased, place of residence, Deanery, date of probate, and type of probate document. (The&nbsp;index, from the Institute of Local and Family&nbsp;History at the University of Central Lancashire, is only available to members and requires membership to view it, which can be obtained by contacting the Institute through an email link.&nbsp; Surname only and place name only lists&nbsp;are available for free but&nbsp;do not give any information&nbsp;to help&nbsp;you locate a will.)&nbsp;
5 - Prerogative Court of the Archbishop of Canterbury


*Search [https://www.ancestry.com/search/collections/61519/ Westmorland, England: Parish and Probate Records]. $ This index, available from Ancestry.com, is a collection of parish and probate records in England and Wales, from the 1500s to the 1800s. It includes extracts of other types of records including wills. To view the index results, you&nbsp;must have a membership to Ancestry.com or have access to it through the FamilySearch Library or a FamilySearch center near you.
|-
| Appleby St Michael
| Court of the Bishop of Carlisle (Episcopal Consistory)
| 2 - Exchequer and Prerogative Courts of the Archbishop of York
3 - Court of the Peculiar of the Dean and Chapter of York


Did you find a reference to a probate record?
4 - Chancery Court of the Archbishop of York


*If ''yes'', go to '''Step 4''' below.
5 - Prerogative Court of the Archbishop of Canterbury
*If ''no'', go to '''Step 2''' below.


==== Step 2. Identify when and where your ancestor died  ====
|-
| Applethwaite
| Court of the Bishop (Consistory) of the Commissary of the Archdeaconry of Richmond Western Deaneries - Kendal
| 2 - Exchequer and Prerogative Courts of the Archbishop of York
3 - Chancery Court of the Archbishop of York


Determine ''when'' your ancestor died.&nbsp;If you aren't sure, use an approximate date.&nbsp;
4 - Court of the Peculiar of the Dean and Chapter of York


Determine ''where'' your ancestor died. It is easier to find a probate record if you know whether the place where your ancestor lived or died is a [[P genealogical glossary terms|parish]]. To learn whether it is a parish, look it up in a gazetteer. Here is a link to the 1872 ''Imperial Gazetteer of England and Wales'' online:
5 - Prerogative Court of the Archbishop of Canterbury


*[https://www.visionofbritain.org.uk/maps/ Vision of Britain]
|-
| Asby
| Court of the Bishop of Carlisle (Episcopal Consistory)
| 2 - Exchequer and Prerogative Courts of the Archbishop of York
3 - Court of the Peculiar of the Dean and Chapter of York


The gazetteer will either tell you:
4 - Chancery Court of the Archbishop of York


*A place is a parish, or
5 - Prerogative Court of the Archbishop of Canterbury
*What parish it is a part of, or
*What place it is near.


If the latter, look that place up in the gazetteer and see if it is a parish.
|-
| Askham
| Court of the Bishop of Carlisle (Episcopal Consistory)
| 2 - Exchequer and Prerogative Courts of the Archbishop of York
3 - Court of the Peculiar of the Dean and Chapter of York


Once you have identified the parish, go to '''Step 3'''.
4 - Chancery Court of the Archbishop of York


==== Step 3. Identify court jurisdictions by parish  ====
5 - Prerogative Court of the Archbishop of Canterbury
 
Once you have identified the parish where your ancestor lived or died, learn which courts had jurisdiction over it then search indexes for those courts. Every town and parish in&nbsp;Westmorland fell under the probate jurisdiction of a primary court and several secondary courts. Click on a link below for the letter the parish begins with and follow the instructions on the next screen.
 
{| cellspacing="1" cellpadding="1" width="454" border="1"
|-
| &nbsp; &nbsp; [[Westmorland Probate Jurisdictions for Places Beginning with A|A]]
| &nbsp; [[Westmorland Probate Jurisdictions for Parishes Beginning with B|B]]
| &nbsp; [[Westmorland Probate Jurisdictions for Parishes Beginning with C|C]]
| [[Westmorland Probate Jurisdictions for Parishes Beginning with D through G|D-G]]
| [[Westmorland Probate Jurisdictions for Parishes Beginning with H|H]]
| &nbsp; [[Westmorland Probate Jurisdictions for Parishes Beginning with K|K]]
| [[Westmorland Probate Jurisdictions for Parishes Beginning with L|L]]
| &nbsp;[[Westmorland Probate Jurisdictions for Parishes Beginning with M|M]]
| &nbsp;[[Westmorland Probate Jurisdictions for Places Beginning with N through R|N-R]]
| &nbsp;[[Westmorland Probate Jurisdictions for Places Beginning with S|S]]
| &nbsp;[[Westmorland Probate Jurisdictions for Places Beginning with T through Z|T-Z]]
|}
|}


==== Step 4. Find a copy of the probate record ====
== Post-1858 Probate Records ==
 
Indexes give information that will enable you to obtain a copy of the probate record. The original records are located at the Westmorland Archive Centre at Kendal, which offers a research service if you are unable to visit the centre.
 
*{{FSC|England, Westmoreland - Probate records|subject|subject-id=1644413347|disp=Westmorland England Probate Records}}(*) at FamilySearch Catalog - some images may only be available at a [https://www.familysearch.org/centers/locations/ FamilySearch Center or FamilySearch Affiliate Library.]<br>
*Visit or contact the record office that has the original records in its collection.
:::[http://www.cumbria.gov.uk/archives/recordoffices/knrec.asp Cumbria Archive Centre, Kendal]<br>
:::Kendal County Offices<br>
:::Kendal<br>
:::LA9 4RQ<br>
:::Tel:01539 713540 or 713539<br>
:::Fax:01539 773538<br>
:::Email: [mailto:kendal.archives@cumbriacc.gov.uk kendal.archives@cumbriacc.gov.uk]
 
== Westmorland Probate Courts  ==
 
The pre-1858 courts that had jurisdiction over the county were:<br>
 
*[[Court of the Bishop (Consistory) of the Commissary of the Archdeaconry of Richmond Western Deaneries - Kendal]]
*[[Court of the Bishop of Carlisle (Episcopal Consistory)]]
*[[Court of the Peculiar of the Manor of Ravenstonedale]]
*[[Court of the Peculiar of the Manor of Temple Sowerby]]<br>
*[[Prerogative Court of the Archbishop of Canterbury]]
 
<br>
 
=== Some Explanatory Notes on the Westmorland Probate Courts  ===
 
Westmorland was almost evenly divided between the jurisdiction of the Consistory Court of Carlisle and the jurisdictions of the Archdeaconry Court of Richmond and three manorial courts. Apparently, reference to part of the Westmorland belonging to the pre-Reformation Diocese of Lichfield and Coventry are unfounded.
 
The Archdeaconry of Richmond was part of the Diocese of York until 1541 and thereafter the Diocese of Chester. Evidently, the Diocese of Chester never exercised superior jurisdiction over Richmond in probate matters. The probates granted by the Archdeaconry Court of Richmond were usually filed under the name of the deanery in which the testator resided.
 
<br>
 
{{Place|Westmorland}}
 
[[Category:Westmorland Probate Records|Probate]]

Revision as of 10:52, 31 March 2009

For an explanation of probate records in England, click here.

Westmorland Probate Courts[edit | edit source]

Some Explanatory Notes on the Westmorland Probate Courts[edit | edit source]

Court Jurisdictions[edit | edit source]

Before 1858, every town and parish in Westmorland was under the probate jurisdiction of a primary court and several secondary courts.  When looking for a will of an ancestor in Westmorland, search the courts in the order given.  Search indexes first.  For indexes, click on the court name links above.

Here is a list of Westmorland towns and parishes beginning with the letter A.  For other places, click on a letter link:  B, C, D-G, H, K, L, M, N-R, S, T-Z.

PARISH PRIMARY COURT SECONDARY COURTS - IN SEARCH ORDER
Ambleside Court of the Bishop (Consistory) of the Commissary of the Archdeaconry of Richmond Western Deaneries - Kendal 2 - Exchequer and Prerogative Courts of the Archbishop of York

3 - Chancery Court of the Archbishop of York

4 - Court of the Peculiar of the Dean and Chapter of York

5 - Prerogative Court of the Archbishop of Canterbury

Appleby St Laurence Court of the Bishop of Carlisle (Episcopal Consistory) 2 - Exchequer and Prerogative Courts of the Archbishop of York

3 - Court of the Peculiar of the Dean and Chapter of York

4 - Chancery Court of the Archbishop of York

5 - Prerogative Court of the Archbishop of Canterbury

Appleby St Michael Court of the Bishop of Carlisle (Episcopal Consistory) 2 - Exchequer and Prerogative Courts of the Archbishop of York

3 - Court of the Peculiar of the Dean and Chapter of York

4 - Chancery Court of the Archbishop of York

5 - Prerogative Court of the Archbishop of Canterbury

Applethwaite Court of the Bishop (Consistory) of the Commissary of the Archdeaconry of Richmond Western Deaneries - Kendal 2 - Exchequer and Prerogative Courts of the Archbishop of York

3 - Chancery Court of the Archbishop of York

4 - Court of the Peculiar of the Dean and Chapter of York

5 - Prerogative Court of the Archbishop of Canterbury

Asby Court of the Bishop of Carlisle (Episcopal Consistory) 2 - Exchequer and Prerogative Courts of the Archbishop of York

3 - Court of the Peculiar of the Dean and Chapter of York

4 - Chancery Court of the Archbishop of York

5 - Prerogative Court of the Archbishop of Canterbury

Askham Court of the Bishop of Carlisle (Episcopal Consistory) 2 - Exchequer and Prerogative Courts of the Archbishop of York

3 - Court of the Peculiar of the Dean and Chapter of York

4 - Chancery Court of the Archbishop of York

5 - Prerogative Court of the Archbishop of Canterbury

Post-1858 Probate Records[edit | edit source]

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