Cumberland Probate Records: Difference between revisions

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[[England]] > [[Cumberland]]  
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== Getting Started  ==
For an explanation of probate records in England, click [[England Probate Records|here]].


''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 Cumberland. See [[England Probate Records]] for a general description of probate records in England.
== Cumberland County Probate Courts  ==


=== 1858 to the Present  ===


Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.
In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England. Wealthier individuals, people who owned property in more than one county or lower court's jurisdiction, and Naval personnel often had their estates proven through the Archbishop's court.  


==== Online Records ====
=== Appeals Courts  ===


*'''1858-1957''' {{RecordSearch|2451051|England and Wales, National Index of Wills and Administrations, 1858-1957}} at FamilySearch - [[England and Wales, National Index of Wills and Administrations - FamilySearch Historical Records|How to Use this Collection]]; index & images
Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:  
* '''1858-1995''' [https://www.ancestry.com/search/collections/1904/ England & Wales, National Probate Calendar (Index of Wills and Administrations), 1858-1995] at Ancestry($); index
* '''1858-2019''' [https://search.findmypast.com/search-world-records/england-and-wales-government-probate-death-index-1858-2019 England & Wales Government Probate Death Index 1858-2019] at Findmypast($); index


=== Before 1858  ===
*[[Court of Arches]]
*[[High Court of Delegates]]


Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Cumberland, follow these steps:
== Some Explanatory Notes on Cumberland Courts  ==


==== Step 1. Search Indexes ====
== Court Jurisdictions ==


Before looking for a will, you should search a probate index. It will save time and give a reference to finding a copy of a will. A few indexes are mentioned here. Others indexes, especially if they only index the wills for one court, are mentioned on each court page.<br>
Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts.&nbsp; When searching for the will of an ancestor&nbsp;in Cumberland, you should find in the jurisdictions lists of name of the town or parish where he/she lived or owned property and search the&nbsp;records of the courts in the order&nbsp;given.&nbsp; Search indexes first.&nbsp; To find indexes, click on a court name.  


*[https://www.findmypast.com/articles/england-and-wales-published-wills-and-probate-indexes-1300-1858-volumes-available/cumberland/index-to-the-wills-proved-in-the-consistory-court-of-carlisle-1661-1750-introduction-to-original-volume Index to the Wills Proved in the Consistory Court of Carlisle 1661-1750] at Findmypast - index ($).
Here is a list of parishes beginning with A and the pre-1858&nbsp;courts that had probate jurisdiction over them.&nbsp;


Indexes are found in archives and in the FamilySearch Library. Click here to see a list of the library's holdings for {{FSC|England, Cumberland - Probate records - Indexes|subject|subject-id=114683251|disp=indexes}} and {{FSC|England, Cumberland - Probate records|subject|subject-id=1536655066|disp=wills}}. Films can be viewed in the Library or in a [https://www.familysearch.org/en/centers/about FamilySearch Center]. <br>
For other parishes, click&nbsp;on a link:&nbsp; [[Cumberland Probate Jurisdictions, Parishes B-C|B-C]],&nbsp;[[Cumberland Probate Records, Parishes D-H|D-H]],&nbsp;[[Cumberland Probate Records, Parishes I-N|I-N]],&nbsp;[[Cumberland Probate Records, Parishes O-Z|O-Z]].  


Did you find a reference to a will?
<br>


*If ''yes'', go to '''Step 4''' below.
{| cellspacing="0" cellpadding="5" width="95%" align="center" border="1"
*If ''no'', go to '''Step 2''' below.
|-
! style="background: #ffdead" width="15%" | PARISH
! style="background: #ffdead" width="40%" | PRIMARY COURT
! style="background: #ffdead" width="40%" | SECONDARY COURTS - IN SEARCH ORDER
|-
| Addingham
| [[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]]


==== Step 2. Identify when and where your ancestor died  ====
4 - [[Chancery Court of the Archbishop of York]]


Determine ''when'' your ancestor died. If you aren't sure, use an approximate date. 
5 - [[Prerogative Court of the Archbishop of Canterbury]]


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:
|-
| Aikton
| [[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]]


*[https://www.visionofbritain.org.uk/ Vision of Britain]
4 - [[Chancery Court of the Archbishop of York]]  


The gazetteer will either tell you:
5 - [[Prerogative Court of the Archbishop of Canterbury]]


*A place is a parish, or
|-
*What parish it is a part of, or
| Ainstable
*What place it is near.
| [[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]]


If the latter, look that place up in the gazetteer and see if it is a parish.
4 - [[Chancery Court of the Archbishop of York]]


Once you have identified the parish, go to '''Step 3'''.
5 - [[Prerogative Court of the Archbishop of Canterbury]]


==== Step 3. Identify court jurisdictions by parish  ====
|-
| Allhallows
| [[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]]


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 Cumberland 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.<br>
|-
| Allonby
| [[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]]


{| class="FCK__ShowTableBorders" style="width: 360px; height: 30px" cellspacing="1" cellpadding="1" border="0"
|-
|-
|  
| Alston with Garrigill
|  
| [[Court of the Bishop of Durham]] (Episcopal Consistory)
|  
| [[Court of the Bishop of Durham]] (Episcopal Consistory) -- 2 - [[Exchequer and Prerogative Courts of the Archbishop of York]]
| [[Cumberland Probate Jurisdictions, Parishes A|A]]
3 - [[Court of the Peculiar of the Dean and Chapter of York]]
| [[Cumberland Probate Jurisdictions, Parishes B-C|B-C]]  
 
| [[Cumberland Probate Jurisdictions, Parishes D-H|D-H]]  
4 - [[Chancery Court of the Archbishop of York]]  
| [[Cumberland Probate Jurisdictions, Parishes I-N|I-N]]  
 
| [[Cumberland Probate Jurisdictions, Parishes O-T|O-T]]  
5 - [[Prerogative Court of the Archbishop of Canterbury]]
| [[Cumberland Probate Jurisdictions, Parishes U-Z|U-Z]]
 
|-
| Arlecdon
| Court of the Archdeaconry of Richmond Western Deaneries - Copeland
| 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]]
 
|-
| Armathwaite
| [[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]]
 
|-
| Arthuret
| [[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]]
 
|-
| Aspatria
| [[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]]
 
|}
|}


<br>
<br>


==== Step 4. Obtain a copy of the probate record  ====
== Probate Indexes Online ==
 
Before looking for a will, you should search an index. <br>
 
 
 
[http://www.uclan.ac.uk/ahss/education_social_sciences/history/probate_index.php http://www.uclan.ac.uk/ahss/education_social_sciences/history/probate_index.php]


Once you have found an index reference to a will or other probate record, obtain a copy of the record. Do so by one of these methods:
An index of all surviving probate documents for the Western Deaneries of the Archdeaconry of Richmond, 1748-1858 has been prepared. The deaneries included are Amounderness, Copeland, Furness, Kendal and Lonsdale. The full index (36,676 wills) is available on the members' area of the website. An alphabetical list of the townships and other placenames in the index is available, free of charge.&nbsp;&nbsp;An alphabetical list of the surnames in the index is available, free of charge.


*{{FSC|England, Cumberland - Probate records|subject|subject-id=1536655066|disp=Cumberland 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>
&nbsp;
*Visit or contact the record office that has the original records in its collection.


== Cumberland Probate Courts  ==
[http://www.genuki.org.uk/big/eng/CUL/ProbateRecords/index.html http://www.genuki.org.uk/big/eng/CUL/ProbateRecords/index.html]


The following ecclesiastical courts had some probate jurisdiction over the county of Cumberland prior to 1858. Click on a court name to learn more about its records, indexes and finding a probate for your ancestor. To determine which court, go to the Court Jurisdictions section above.<br>
Abstracts of Cumberland Probate Records pre-1858


*[[Court of the Bishop of Carlisle (Episcopal Consistory)]]
*[[Court of the Archdeaconry of Richmond Western Deaneries - Copeland]]
*[[Court of the Bishop of Durham (Episcopal Consistory)]]
*[[Exchequer and Prerogative Courts of the Archbishop of York]]
*[[Prerogative Court of the Archbishop of Canterbury]]


<br>


== Some Explanatory Notes on the Cumberland Probate Courts ==
== Post-1857 Probate Records  ==


The original probate records are housed in one of four record offices in the following cities: Barrow, Kendall, Carlisle, and Whitehaven. Links to these offices are found on the [http://www.cumbria.gov.uk/archives/recordoffices/default.asp Cumbria Archive Service] site.  
Beginning in 1858, the government took over the&nbsp;settlement of estates and all&nbsp;wills are now probated through the Principal Probate Registry system.&nbsp; The system consists of 11 district registry offices and&nbsp;18 sub-district registries, located throughout England and Wales, and&nbsp;the principal registry&nbsp;office located in London.&nbsp; The records are available through the office of Her Majesty's Courts Service.&nbsp; To learn more, go to the [http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm HMCS website].  


{{Place|Cumberland|Probate Records}}
A country-wide surname index to the records is available, so it is much easier to look for post-1857 wills.&nbsp; The [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=208102&disp=Calendar+of+the+grants+of+probate+and+le%20%20&columns=*,0,0 indexes] for 1858-1957 and the records for the [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=517092&disp=Record+copy+wills%2C+1858%2D1925%20%20&columns=*,0,0 Principal Registry] and the [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=517092&disp=Record+copy+wills%2C+1858%2D1925%20%20&columns=*,0,0 District Registries] for 1858-1925 are available on microfilm at the Family History Library. <br>
{{England Probate Records}}


[[Category:Cumberland Probate Records|Probate Records]]
[[Category:England|England]]

Revision as of 14:43, 24 April 2009

England > Cumberland

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

Cumberland County Probate Courts[edit | edit source]

In addition, the Prerogative Court of the Archbishop of Canterbury had jurisdiction over the whole of England. Wealthier individuals, people who owned property in more than one county or lower court's jurisdiction, and Naval personnel often had their estates proven through the Archbishop's court.

Appeals Courts[edit | edit source]

Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:

Some Explanatory Notes on Cumberland Courts[edit | edit source]

Court Jurisdictions[edit | edit source]

Before 1858, every town and parish in Cumberland was under the probate jurisdiction of a primary court and several secondary courts.  When searching for the will of an ancestor in Cumberland, you should find in the jurisdictions lists of name of the town or parish where he/she lived or owned property and search the records of the courts in the order given.  Search indexes first.  To find indexes, click on a court name.

Here is a list of parishes beginning with A and the pre-1858 courts that had probate jurisdiction over them. 

For other parishes, click on a link:  B-CD-HI-NO-Z.


PARISH PRIMARY COURT SECONDARY COURTS - IN SEARCH ORDER
Addingham 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

Aikton 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

Ainstable 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

Allhallows 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

Allonby 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

Alston with Garrigill Court of the Bishop of Durham (Episcopal Consistory) Court of the Bishop of Durham (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

Arlecdon Court of the Archdeaconry of Richmond Western Deaneries - Copeland 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

Armathwaite 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

Arthuret 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

Aspatria 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


Probate Indexes Online[edit | edit source]

Before looking for a will, you should search an index.


http://www.uclan.ac.uk/ahss/education_social_sciences/history/probate_index.php

An index of all surviving probate documents for the Western Deaneries of the Archdeaconry of Richmond, 1748-1858 has been prepared. The deaneries included are Amounderness, Copeland, Furness, Kendal and Lonsdale. The full index (36,676 wills) is available on the members' area of the website. An alphabetical list of the townships and other placenames in the index is available, free of charge.  An alphabetical list of the surnames in the index is available, free of charge.

 

http://www.genuki.org.uk/big/eng/CUL/ProbateRecords/index.html

Abstracts of Cumberland Probate Records pre-1858


Post-1857 Probate Records[edit | edit source]

Beginning in 1858, the government took over the settlement of estates and all wills are now probated through the Principal Probate Registry system.  The system consists of 11 district registry offices and 18 sub-district registries, located throughout England and Wales, and the principal registry office located in London.  The records are available through the office of Her Majesty's Courts Service.  To learn more, go to the HMCS website.

A country-wide surname index to the records is available, so it is much easier to look for post-1857 wills.  The indexes for 1858-1957 and the records for the Principal Registry and the District Registries for 1858-1925 are available on microfilm at the Family History Library.