Willing

Just a quick hello today, as I have got behind on jobs and chapters this week. I did manage to get some research done, though, and did a lot of reading which, in the end, wasn’t that helpful. I was trying to find out about wills and bequeathments, so I turned to a friend who is a genealogist for advice. My imaginary will was written in about 1862, and I was trying to find an example of a will from that time so I could copy the wording. I have seen some from my family of the past, but they were 18th-century ones, and I thought there would be a difference. Turned out, I was right. Here’s what my friend wrote back:

The key thing is that in 1858 everything changed. Up until then, wills were written for and proved in the various church courts, so they were both kind of religious documents (the testament) and a disposal of worldly goods (the will). So they were a mix of the religious and the legal, and proved in the court of the Archbishop, or bishop, Dean and chapter, or archdeacon, as appropriate.

In 1858, all that changed and the wills were written for, and proved in, the High Court of Justice, in the newly established probate division. So they ceased to be religious documents and became purely legal ones. You no longer get all that stuff about believing in the merits of Christ as Saviour and believing in the Resurrection. And usually, out goes all the stuff about being decently buried in a good Christian manner. Although you still often get some instructions to executors about the burial where the will-maker had some definite preferences. Extravagant brick-lined graves, for example.

I don’t think I have any from around the 1880s, though I will have a look. The only way to get wills from the post-1858 period is to apply to the High Court Probate Division with the index details and pay a fee. They are not available on Ancestry unless an Ancestry member has gone through the application process then scanned the document and kindly made it available, although there are copyright issues when people do that, and it’s not really allowed.

Later, he sent me a link to a PDF file online. It’s a collection of Wills from the 19th century. Although I only found one dated after 1858, it was enough. I have now written my late character’s will-reading scene, and it will make for fun reading, I assure you. I’ll be back on Wednesday with another update on ‘Where There’s a Will.’

Meanwhile, don’t forget this promo is still running until the end of the month.

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