Westmorland Probate Records: Difference between revisions

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[[England]] [[Image:Gotoarrow.png]] [[Westmorland|Westmorland]]  
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== Getting Started  ==
The following text has information about probate records in the county of Westmoreland. To read general information English probate records 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 Westmorland. See [[England Probate Records]] for a general description of probate records in England.
== Getting Started in Probate Records<br> ==


=== 1858 to the Present  ===
== Westmorland Probate Courts ==
 
Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.
 
==== Online Records ====
 
*'''1858-1957''' {{RecordSearch|2451051|England and Wales, National Index of Wills and Administrations, 1858-1957}} at FamilySearch — index
*'''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
 
=== Before 1858  ===
 
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:
 
==== Step 1. Search Indexes ====
 
Here are some online indexes to probate records that include individuals who lived in Westmorland. Search these indexes first:
 
*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;
 
*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.
 
Did you find a reference to a probate record?


*If ''yes'', go to '''Step 4''' below.
The courts that had jurisdiction over the county were:<br>
*If ''no'', go to '''Step 2''' below.


==== Step 2. Identify when and where your ancestor died  ====
*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>


Determine ''when'' your ancestor died.&nbsp;If you aren't sure, use an approximate date.&nbsp;
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.  


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:
=== Appeals Courts  ===


*[https://www.visionofbritain.org.uk/maps/ Vision of Britain]
Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:  


The gazetteer will either tell you:
*[[Court of Arches]]
*[[High Court of Delegates]]


*A place is a parish, or
== Some Explanatory Notes on the Westmorland Probate Courts  ==
*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.
== Court Jurisdictions by Parish  ==


Once you have identified the parish, go to '''Step 3'''.  
Before 1858, every town and parish in Westmorland was under the probate jurisdiction of a primary court and several secondary courts.&nbsp; When looking for a will of an ancestor in Westmorland, search the courts in the order given.&nbsp; Search indexes first.&nbsp; For indexes, click on the court name links above.  


==== Step 3. Identify court jurisdictions by parish  ====
Here is a list of Westmorland towns and parishes beginning with the letter A.&nbsp; For other places, click on a letter or span of letters to link to the page.


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" border="0" style="width: 264px; height: 27px;"
 
{| cellspacing="1" cellpadding="1" width="454" border="1"
|-
|-
| &nbsp; &nbsp; [[Westmorland Probate Jurisdictions for Places Beginning with A|A]]
| A
| &nbsp; [[Westmorland Probate Jurisdictions for Parishes Beginning with B|B]]
| B
| &nbsp; [[Westmorland Probate Jurisdictions for Parishes Beginning with C|C]]
| C
| [[Westmorland Probate Jurisdictions for Parishes Beginning with D through G|D-G]]
| D-G
| [[Westmorland Probate Jurisdictions for Parishes Beginning with H|H]]
| H
| &nbsp; [[Westmorland Probate Jurisdictions for Parishes Beginning with K|K]]
| K
| [[Westmorland Probate Jurisdictions for Parishes Beginning with L|L]]
| L
| &nbsp;[[Westmorland Probate Jurisdictions for Parishes Beginning with M|M]]
| M
| &nbsp;[[Westmorland Probate Jurisdictions for Places Beginning with N through R|N-R]]
| N-R
| &nbsp;[[Westmorland Probate Jurisdictions for Places Beginning with S|S]]
| S
| &nbsp;[[Westmorland Probate Jurisdictions for Places Beginning with T through Z|T-Z]]
| T-Z
|}
|}


==== Step 4. Find a copy of the probate record ====
<br>


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.
<br>
 
*{{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 ==
== Probate Indexes Online ==


The pre-1858 courts that had jurisdiction over the county were:<br>
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]


*[[Court of the Bishop (Consistory) of the Commissary of the Archdeaconry of Richmond Western Deaneries - Kendal]]
An index of wills and related documents covering Lancashire north of the Ribble, and parts of Cumberland, Westmorland and Yorkshire, 1748-1858.
*[[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>
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. <br>  


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


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.  
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].  
 
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}}
A&nbsp;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 1858-1925 are available on microfilm at the Family History Library.<br>


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

Revision as of 12:25, 8 May 2009

England Gotoarrow.png Westmorland

The following text has information about probate records in the county of Westmoreland. To read general information English probate records click here.

Getting Started in Probate Records
[edit | edit source]

Westmorland Probate Courts[edit | edit source]

The courts that had jurisdiction over the county were:

  • 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

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 the Westmorland Probate Courts[edit | edit source]

Court Jurisdictions by Parish[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 or span of letters to link to the page.

A B C D-G H K L M N-R S T-Z



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 wills and related documents covering Lancashire north of the Ribble, and parts of Cumberland, Westmorland and Yorkshire, 1748-1858.

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.

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 1858-1925 are available on microfilm at the Family History Library.

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