Devon Probate Records: Difference between revisions

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[[England]] [[Image:Gotoarrow.png]] [[Devonshire]]  
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<br>
The following article is about probate records in Devonshire. For general information about probate records in England, click [[England Probate Records|here]]. <br>  


== Getting Started  ==
== Getting Started  ==


''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 Devon. See [[England Probate Records]] for a general description of probate records in England.
Probate is the legal court process by which the estate of a deceased person is&nbsp;distributed to his/her&nbsp;heirs.&nbsp;


=== 1858 to the Present  ===
''Probate'' is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The Church of England ecclesiastical courts had authority for this process until to 1858. Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The Post-1857 Probate Records section below contains links to additional information about the records of this court.


Beginning in 1858, the [[Principal Probate Registry|Principal Probate Registry]] had the authority for probating estates. Click on the link to learn more.
To look for a probate record before 1858:<br>


==== Online Records ====
#Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived. <br>
#Go to [https://wiki.familysearch.org/en/Durham_Probate_Records#Court_Jurisdictions Court Jurisdictions] section below.<br>
#Click a letter or span of letters for your place name. This opens a jurisdictions table.<br>
#Follow the instructions on the jurisdictions table page.<br>


*'''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
== Devonshire Probate Courts  ==


=== Before 1858  ===
*[[Court of the Bishop (Consistory) of the Archdeaconry of Barnstable]]
 
*[[Court of the Archdeaconry of Cornwall]]
Before 1858, Church of England ecclesiastical courts had authority for this process. To search for a pre-1858 probate record in Devon, follow these steps:
*[[Court of the Bishop (Consistory) of the Archdeaconry of Exeter]]
 
*[[Court of the Bishop (Consistory) of the Archdeaconry of Totnes]]
==== Step 1. Search Indexes  ====
*[[Court of the Peculiar of the Bishop of Exeter (Episcopal Consistory)]]
 
*[[Peculiar of the Court of the Dean and Chapter of Exeter]]
The majority of the records of Devonshire courts were destroyed during World War II when the Exeter Registry was bombed. Because of this loss, dozens of projects have attempted to gather, abstract, transcribe and index any wills which could be located from any source, including solicitors' offices. Copies were obtained of any abstracts or transcripts made before the destruction of the records. Here are some online indexes to probate records that include individuals who lived in Devon. Search these indexes first:
*[[Court of the Peculiar of the Prebend of Uffculme]]
 
*[[Court of the Peculiar of the Dean of Sarum]] (secondary court of Uffculme)
*[https://genuki.org.uk/big/eng/DEV/DevonWillsProject Devon Wills Project] -- provides an online consolidated index of Devon wills, administrations and inventories, covering (and distinguishing between) original documents, probate copies, transcripts and abstracts. The project involves systematically transcribing information obtained from various "sources", i.e. numerous private publications of abstracts or transcripts, and various indexes, calendars, catalogues, etc. The period covered is up to 1858, and wills, etc., are taken as related to Devon if the testator is identified to be or can be assumed as being of Devon, even if the will was proved elsewhere. The index covers only testators, not other named individuals, and efforts to create a consolidated index which covers all individual sources is not yet complete.) Individual sources are linked to from the Devon Wills Project page.
*[[Court of the Peculiar of the Manor of Cockington]] <br>
 
*[[Court of the Peculiar of the Manor of Templeton]]
*The [https://www.ancestry.com/search/collections/61333/ Wiltshire Wills and Probates] includes Pre-1858 for CHARDSTOCK and UFFCULME parishes, and a few wills from other parishes from the diocese of Salisbury that used to cover not only Wiltshire but also part of Berkshire, Dorset and Devon.
*[[Peculair of the Mayor of Exeter|Peculiar of the Mayor of Exeter]]
 
*[[Orphan's Court of the City of Exeter]]
*[https://www.ancestry.com/search/collections/5111/ Prerogative Court of Canterbury wills (1384 - 1858)]  This was the highest court in England which generally probated the estates of more wealthy individuals. These wills are fully indexed and copies of wills are available online for a fee.
*[[Court of the Peculiar of the Custos and College of Vicars Choral in Exeter]]
 
*[[Court of the Peculiar of the Dean of Exeter]]
Published indexes exist (except for the Archdeaconry Court of Totnes) as well as collections of abstract of some records. Most, if not all, of these sources are included in the online Devon Wills Project. Here is a list of published indexes available through the [https://www.familysearch.org/en/library/ FamilySearch Library]:
*[[Court of the Archdeaconry of Dorset]]
 
*[[Episcopal Principal Registry of Exeter]]<br>
*{{FSC|235196|title-id|disp=Calendars of wills and administrations relating to the counties of Devon and Cornwall : proved in the Court of the principal registry of the Bishop of Exeter, 1559-1799; and of Devon only, proved in the Court of the Archdeaconry of Exeter,1540-1799.}}
 
*{{FSC|251593|title-id|disp=Calendars of wills and administrations relating to the counties of Devon and Cornwall: 1532-1800}}
 
*{{FSC|251598|title-id|disp=Index of testamentary material in records of the principal registry of Bishop of Exeter}}
 
*{{FSC|289964|title-id|disp=Transcripts of Devonshire wills, 1600-1800}}
 
*{{FSC|351796|title-id|disp=Oswyn Murray collection of wills, abt. 1600-1800}}
 
*{{FSC|575287|title-id|disp=Index to wills, copies and related papers, 1200-1900's}}
 
*{{FSC|264158|title-id|disp=Devonshire wills...}}
 
*{{FSC|246385|title-id|disp=A calendar of inquisitiones post mortem for Cornwall and Devon, from Henry III to Charles I (1216-1649)}}
 
*{{FSC|278481|title-id|disp=An alphabetical register of divers persons, who by their last wills &amp; grants have given towards the relief of the poor of the county of Devon}}
 
*{{FSC|279949|title-id|disp=Abstracts of wills of the Drew Family, proved in the Court of the Archdeacon of Exeter and other courts, 1550-1891}}
 
*{{FSC|15644|title-id|disp=Death duty registers, Exeter, 1796-1811}}
 
*{{FSC|573927|title-id|disp=Wills for the Diocese of Exeter (County of Devon), 1812-1857}} The copies were made for the Legacy Duty Department of the Stamp Duty Office, and from 1848 on to its successor, The Estate Duty Office of the Inland Revenue Office. They consist of wills proved in the Principal Registry and Consistory Court of the Bishop of Exeter, and in the various Archdeaconry Courts.
 
Uffculme is a Peculiar Court and has indexes as follows: See Film 97429 18th court listed and 97430 17th court listed using following link. Wills, original and registered of the peculiar court of the Dean and parish of Sarum, Wiltshire, {{FSC|300055|title-id|disp=1560-1857}}
 
Did you find a reference to a probate record?
 
*If ''yes'', go to '''Step 4''' below.
 
*If ''no'', go to '''Step 2''' below.


==== Step 2. Identify when and where your ancestor died ====
==== Prerogative Court of the Archbishop of Canterbury ====


Determine ''when'' your ancestor died. If you aren't sure, use an approximate date.
In addition, the [[Prerogative Court of the Archbishop of Canterbury]] had jurisdiction over the whole of England and specifically in the following cases.  


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:
*Wealthier individuals
*People who owned property in more than one county
*Military and naval personnel
*People who lived or owned property outside England


*[https://www.visionofbritain.org.uk/descriptions/index.jsp Vision of Britain]
==== Appeals Courts  ====


The gazetteer will either tell you:  
Any probate that was disputed and could not be settled by the county courts could be sent to these higher appeals courts:  


*A place is a parish, or
*[[Court of Arches]]
*What parish it is a part of, or
*[[High Court of Delegates]]
*What place it is near.
*[[Prerogative Court of the Archbishop of Canterbury]] also served as an appeals court.


If the latter, look that place up in the gazetteer and see if it is a parish.
== Some Explanatory Notes on the Devonshire Courts  ==


Once you have identified the parish, go to '''Step 3'''.  
[http://www.devon.gov.uk/index/councildemocracy/neighbourhoods-villages/record_office/family_history_3/wills_records.htm Devon Wills and Probate Records] contains information about probates and where they are located. [[Estate Duty Registers]] should be searched since many of the probate courts were destroyed during World War II.  


==== Step 3. Identify court jurisdictions by parish ====
== Court Jurisdictions ==


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 Devon 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.  
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, find the name of the town or parish where he/she lived in the jurisdictions lists below. Go to the list of places by clicking on a letter or series of letters below.<br>


{| width="372" cellspacing="1" cellpadding="1" border="1"
{| height="30" width="535" cellspacing="1" cellpadding="1" border="0" style=""
|-
|-
| [[Devonshire Probate Jurisdictions Parishes A|A]]  
| &nbsp;&nbsp; [[Devonshire Probate Jurisdictions Parishes A|A]]  
| [[Devonshire Probate Jurisdictions Parishes B|B]]  
| [[Devonshire Probate Jurisdictions Parishes B|B]]  
| [[Devonshire Probate Jurisdictions Parishes C|C]]  
| [[Devonshire Probate Jurisdictions Parishes C|C]]  
| [[Devonshire Probate Jurisdictions Parishes D & E|D-E]]  
| [[Devonshire Probate Jurisdictions Parishes D & E|D-E]]  
| [[Devonshire Probate Jurisdictions Parishes F through H|F-H]]  
| [[Devonshire Probate Jurisdictions Parishes F through H|F-H]]  
| [[Devonshire Probate Jurisdictions Parishes I through K|I-K]]  
| [[Devonshire Probate Jurisdictions Parishes I through K|I-K]]  
| [[Devonshire Probate Jurisdictions Parishes L & M|L-M]]  
| [[Devonshire Probate Jurisdictions Parishes L & M|L-M]]  
| [[Devonshire Probate Jurisdictions Parishes N & O|N-O]]  
| [[Devonshire Probate Jurisdictions Parishes N & O|N-O]]  
| [[Devonshire Probate Jurisdictions Parishes P through R|P-R]]  
| [[Devonshire Probate Jurisdictions Parishes P through R|P-R]]  
| [[Devonshire Probate Jurisdictions Parishes S|S]]  
| &nbsp; [[Devonshire Probate Jurisdictions Parishes S|S]]  
| [[Devonshire Probate Jurisdictions Parishes T through V|T-V]]  
| [[Devonshire Probate Jurisdictions Parishes T through V|T-V]]  
| [[Devonshire Probate Jurisdictions Parishes W through Z|W-Z]]
| [[Devonshire Probate Jurisdictions Parishes W through Z|W-Z]]
|}
|}


==== Step 4. Obtain a copy of the probate record  ====
== Probate Indexes Online  ==
 
Before looking for a will, you should search an index.&nbsp;<br>


Once you have found an index reference to a probate, obtain a copy of the record. Do so by one of these methods:
*[http://history.wiltshire.gov.uk/heritage/index.php Pre-1858 for CHARDSTOCK and UFFCULME parishes], and a few other wills from other parishes for the diocese of Salisbury that used to cover not only Wiltshire but also part of Berkshire, Dorset and Devon.


*{{FSC|England, Devon - Probate records|subject|subject-id=708104293|disp=Devon 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>
*[http://genuki.cs.ncl.ac.uk/DEV/DevonWills/index.html Devon Names in the Calendars of the Prerogative Court of Canterbury Wills 1383-1700]
*Visit or contact the record office that has the original records in its collection.
<br>


== Devonshire Probate Courts ==
== Manuscript Records<br> ==


*[[Court of the Bishop (Consistory) of the Archdeaconry of Barnstable]]
The Family History Library has [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=235196&disp=Calendars+of+wills+and+administrations+r%20%20&columns=*,0,0 ''Calendars of wills and administrations relating to the counties of Devon and Cornwall&amp;nbsp;: proved in the Court of the principal registry of the Bishop of Exeter, 1559-1799. And of Devon only, proved in the Court of the Archdeaconry of Exeter, 1540-1799'']  
*[[Court of the Bishop (Consistory) of the Archdeaconry of Cornwall]]
*[[Court of the Bishop (Consistory) of the Archdeaconry of Exeter]]
*[[Court of the Bishop (Consistory) of the Archdeaconry of Totnes]]
*[[Court of the Peculiar of the Bishop of Exeter (Episcopal Consistory)]]
*[[Peculiar of the Court of the Dean and Chapter of Exeter]]
*[[Court of the Peculiar of the Prebend of Uffculme]]
*[[Court of the Peculiar of the Dean of Salisbury]] (secondary court of Uffculme)
*[[Court of the Peculiar of the Manor of Cockington]]
*[[Court of the Peculiar of the Manor of Templeton]]
*[[Peculair of the Mayor of Exeter|Peculiar of the Mayor of Exeter]]
*[[Court of the Peculiar of the Custos and College of Vicars Choral in Exeter]]
*[[Court of the Peculiar of the Dean of Exeter]]
*[[Court of the Archdeaconry of Dorset]]
*[[Episcopal Principal Registry of Exeter]]<br>
*[[Prerogative Court of the Archbishop of Canterbury]]


<br>
==== Olive Moger Collection  ====


== Manuscript Records<br> ==
A professional genealogist, she abstracted many probate records from most of the Devon courts prior to World War II. The Family History Library has [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=289964&disp=Transcript+of+Devonshire+wills%2C+1600%2%20%20&columns=*,0,0 Transcript of Devonshire wills, 1600-1800].


The FamilySearch Library has {{FSC|235196|title-id|disp=''Calendars of wills and administrations relating to the counties of Devon and Cornwall&amp;nbsp;: proved in the Court of the principal registry of the Bishop of Exeter, 1559-1799. And of Devon only, proved in the Court of the Archdeaconry of Exeter, 1540-1799''}}
==== Oswyn Murray's collection  ====


==== Olive Moger Collection  ====
Includes abstracts of probate records from various courts about testators from Devon before the destruction in World War II. The Family History Library has [http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=351796&disp=Oswyn+Murray+collection+of+wills%2C+abt%%20%20&columns=*,0,0 Oswyn Murray collection of wills, abt. 1600-1800]


A professional genealogist, she abstracted many probate records from most of the Devon courts prior to World War II. The FamilySearch Library has {{FSC|289964|title-id|disp=Transcript of Devonshire wills, 1600-1800}}.
==== Other collections in the Family History Library<br>  ====


==== Oswyn Murray's collection  ====
*[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=575287&disp=Index+to+wills%2C+copies+and+related+pap%20%20&columns=*,0,0 Index to wills, copies and related pape][http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=575287&disp=Index+to+wills%2C+copies+and+related+pap%20%20&columns=*,0,0 rs [of the County of Devon, 1200-1900's]
*[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=264158&disp=Devonshire+wills...%20%20&columns=*,0,0} Devonshire wills, by Charles Worthy]
*[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=246385&disp=A+calendar+of+inquisitiones+post+mortem+%20%20&columns=*,0,0 A calendar of inquisitiones post mortem for Cornwall and Devon, from Henry III to Charles I (1216-1649)]<br>
*[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=278481&disp=An+alphabetical+register+of+divers+perso%20%20&columns=*,0,0 An alphabetical register of divers persons, who by their last wills &amp; grants have given towards the relief of the poor of the county of Devon]<br>
*[http://www.familysearch.org/eng/library/fhlcatalog/supermainframeset.asp?display=titledetails&titleno=279949&disp=Abstracts+of+wills+of+the+Drew+Family%2C%20%20&columns=*,0,0 Abstracts of wills of the Drew Family, proved in the Court of the Archdeacon of Exeter and other courts, 1550-1891]<br>


Includes abstracts of probate records from various courts about testators from Devon before the destruction in World War II. The FamilySearch Library has {{FSC|351796|title-id|disp=Oswyn Murray collection of wills, abt. 1600-1800}}
== Estate Duty Records<br>  ==


==== Other collections in the FamilySearch Library<br> ====
Starting in 1796, a tax or death duty was payable on estates over a certain value. Estate duty abstracts may add considerable information not found elsewhere. Estate duty indexes may help locate a will. For more information, go to [[Estate Duty Records]].<br>  


*{{FSC|575287|title-id|disp=Index to wills, copies and related papers (of the County of Devon), 1200-1900's}}
== Post-1858 Probate Records  ==
*{{FSC|264158|title-id|disp=Devonshire wills, by Charles Worthy}}
*{{FSC|246385|title-id|disp=A calendar of inquisitiones post mortem for Cornwall and Devon, from Henry III to Charles I (1216-1649)}}<br>
*{{FSC|278481|title-id|disp=An alphabetical register of divers persons, who by their last wills &amp; grants have given towards the relief of the poor of the county of Devon}}<br>
*{{FSC|279949|title-id|disp=Abstracts of wills of the Drew Family, proved in the Court of the Archdeacon of Exeter and other courts, 1550-1891}}<br>


{{Place|Devon|Probate Records}}
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. For more information, go to [[Principal Probate Registry]].<br>
{{England Probate Records}}


[[Category:Devon Probate Records|Probate]] [[Category:Devon Probate Records]]
[[Category:Devon|Probate Records]] [[Category:Probate_records_in_England]]

Revision as of 10:15, 23 June 2009

England Gotoarrow.png Devonshire

The following article is about probate records in Devonshire. For general information about probate records in England, click here.

Getting Started[edit | edit source]

Probate is the legal court process by which the estate of a deceased person is distributed to his/her heirs. 

Probate is the legal court process by which the estate of a deceased person is distributed to his or her heirs. The Church of England ecclesiastical courts had authority for this process until to 1858. Beginning in 1858, authority over probate matters was taken from ecclesiastical courts and put under the civil authority of the Principal Probate Registry. The Post-1857 Probate Records section below contains links to additional information about the records of this court.

To look for a probate record before 1858:

  1. Discover when and where your ancestor died. If you don’t know, use the approximate date and place where they lived.
  2. Go to Court Jurisdictions section below.
  3. Click a letter or span of letters for your place name. This opens a jurisdictions table.
  4. Follow the instructions on the jurisdictions table page.

Devonshire Probate Courts[edit | edit source]

Prerogative Court of the Archbishop of Canterbury[edit | edit source]

In addition, the Prerogative Court of the Archbishop of Canterbury had jurisdiction over the whole of England and specifically in the following cases.

  • Wealthier individuals
  • People who owned property in more than one county
  • Military and naval personnel
  • People who lived or owned property outside England

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 Devonshire Courts[edit | edit source]

Devon Wills and Probate Records contains information about probates and where they are located. Estate Duty Registers should be searched since many of the probate courts were destroyed during World War II.

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, find the name of the town or parish where he/she lived in the jurisdictions lists below. Go to the list of places by clicking on a letter or series of letters below.

   A B C D-E F-H I-K L-M N-O P-R   S T-V W-Z

Probate Indexes Online[edit | edit source]

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

Manuscript Records
[edit | edit source]

The Family History Library has Calendars of wills and administrations relating to the counties of Devon and Cornwall&nbsp;: proved in the Court of the principal registry of the Bishop of Exeter, 1559-1799. And of Devon only, proved in the Court of the Archdeaconry of Exeter, 1540-1799

Olive Moger Collection[edit | edit source]

A professional genealogist, she abstracted many probate records from most of the Devon courts prior to World War II. The Family History Library has Transcript of Devonshire wills, 1600-1800.

Oswyn Murray's collection[edit | edit source]

Includes abstracts of probate records from various courts about testators from Devon before the destruction in World War II. The Family History Library has Oswyn Murray collection of wills, abt. 1600-1800

Other collections in the Family History Library
[edit | edit source]

Estate Duty Records
[edit | edit source]

Starting in 1796, a tax or death duty was payable on estates over a certain value. Estate duty abstracts may add considerable information not found elsewhere. Estate duty indexes may help locate a will. For more information, go to Estate Duty Records.

Post-1858 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. For more information, go to Principal Probate Registry.

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