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=== Immovable Property === | === Immovable Property === | ||
To inherit immovable property such as land, heirs had to prove to an ''Inquisition'' (essentially a jury of local people) their right to inherit. The records granting these rights are called [[ | To inherit immovable property such as land, heirs had to prove to an ''Inquisition'' (essentially a jury of local people) their right to inherit. The records granting these rights are called [[Service of Heirs or Retours|''retours'' or ''services of heirs'']]. Records of actual transfers of land are called ''[[Sasines|sasines]]''. You will find more information about these records in the [[Scotland Land and Property|Land and Property]] section of the Wiki. | ||
== Determining Court Jurisdictions == | == Determining Court Jurisdictions == | ||
Before the Scottish Reformation and the establishment of the Presbyterian Church in 1592, confirmation of testaments was the prerogative of Episcopal (bishop’s) courts. Their subordinates, called official or ''commissariat ''courts actually carried out the probate function. | Before the Scottish Reformation and the establishment of the Presbyterian Church in 1592, confirmation of testaments was the prerogative of Episcopal (bishop’s) courts. Their subordinates, called official or ''commissariat ''courts actually carried out the probate function. | ||
After the reformation in 1560, fifteen (eventually 22) commissariats were established by royal authority. The principal commissariat court was in Edinburgh, and it had both local and general jurisdiction. The territorial extent of the commissariat courts paid little attention to county boundaries. This system stayed in force until the end of 1823. | After the reformation in 1560, fifteen (eventually 22) commissariats were established by royal authority. The principal commissariat court was in Edinburgh, and it had both local and general jurisdiction. The territorial extent of the commissariat courts paid little attention to county boundaries. This system stayed in force until the end of 1823. | ||
To help you determine which commissariat court had jurisdiction over which parishes and counties, go to the ''[http://www.scotlandspeople.gov.uk/content/help/index.aspx?r=551&636 ScotlandsPeople]'' website and its [http://scotlandspeople.gov.uk/content/help/index.aspx?r=551&636 'Courts Map'] page, which identifies which courts operate in a given county by clicking on the appropriate county; or see the following guides: | To help you determine which commissariat court had jurisdiction over which parishes and counties, go to the ''[http://www.scotlandspeople.gov.uk/content/help/index.aspx?r=551&636 ScotlandsPeople]'' website and its [http://scotlandspeople.gov.uk/content/help/index.aspx?r=551&636 'Courts Map'] page, which identifies which courts operate in a given county by clicking on the appropriate county; or see the following guides: | ||
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*Scotland, [County] -- Probate records--Indexes | *Scotland, [County] -- Probate records--Indexes | ||
From 1876-1936, these books can be located through the Family History Library catalog {{FHL|307501|title-id|disp=}} | From 1876-1936, these books can be located through the Family History Library catalog {{FHL|307501|title-id|disp=}} | ||
=== Difficulties in Finding a Testament === | === Difficulties in Finding a Testament === | ||
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*A person who died outside of Scotland but who owned property within Scotland would have his or her testament proved in an Edinburgh court and sometimes also in an English court, such as the Prerogative Court of Canterbury (available at [http://www.nationalarchives.gov.uk/documentsonline/wills.asp?WT.hp=Wills Documents Online ]at The UK National Archives website). | *A person who died outside of Scotland but who owned property within Scotland would have his or her testament proved in an Edinburgh court and sometimes also in an English court, such as the Prerogative Court of Canterbury (available at [http://www.nationalarchives.gov.uk/documentsonline/wills.asp?WT.hp=Wills Documents Online ]at The UK National Archives website). | ||
*Testaments for women may be under their maiden name.. | *Testaments for women may be under their maiden name.. | ||
=== Help to Understanding the Records === | |||
*Burness, Lawrence. A Scottish Genealogist’s Glossary. Aberdeen: Aberdeen & North East Scotland Family History Society, c1990. (FHL British Ref 941 D27bL) | |||
*Burness, Lawrence. A Scottish Historian’s Glossary. [Scotland]: Scottish Association of Family History Societies, c1997. (FHL British book 941 H26b) | |||
*Encyclopedia of the Laws of Scotland. 16 vols and 2 supps. Edinburgh: W. Green & Son, Ltd., 1926. (FHL British book 941 P36e) Note: Vol. 11 is available at [http://www.archive.org/details/greensencyclopae11chis archive.org] | |||
*Gibb, Andrew Dewar. Student’s Glossary of Scottish Legal Terms. Edinburgh: W. Green & Son, Ltd., 1946 (FHL British book 941 P36g) | |||
*Gouldesbrough, Peter. Formulary of Old Scots Legal Documents. Vol. 36 Edinburgh: The Stair Society, 1985. (FHL British book 941 B4st v. 36) | |||
=== Learn More About Testamentary Records === | === Learn More About Testamentary Records === | ||