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From: "Jennifer Sherwood Braswell" <>
Subject: [GABIBB] Family Tree Finders Thursday June 15, 2000 (wills, etc.)
Date: Thu, 15 Jun 2000 11:26:06 -0500


forwarded by permission...

Jennifer Sherwood Braswell

----- Original Message -----
From: Family Tree Finders <>
To: <>
Sent: Thursday, June 15, 2000 10:29 AM
Subject: Family Tree Finders Thursday June 15, 2000


:
:
: FAMILY TREE FINDERS
: Thursday - 15 June 2000
:
: An introduction to wills and some of the
: confusing terms.
:
:
: FAMILY TREE FINDERS
: Thursday - 15 June 2000
:
: Understanding Wills
:
: There are some basic record types that genealogists are
: encouraged to investigate and use. Among those always
: mentioned are the probate records, though many times they
: are referred to simply as wills. However, there are times
: that we do not give as much attention to these probate
: records as we should.
:
: First, we need to understand the different types of wills.
: There are three different types of wills
:
: 1. Attested will - this will is prepared for the testator by
: someone. In the past it might have been the local
: magistrate. In today's system this is what a lawyer draws
: up for you.
:
: 2. Holographic will - this will is actually written by the
: testator himself, in his own handwriting.
:
: 3. Nuncupative will - this will is actually recorded at the
: deathbed of the testator. A witness writes down the dying
: wishes of the individual.
:
: All three of these wills require witnesses. Attested wills are
: the most common ones. Witnesses could not be
: beneficiaries, but were often relatives. So, pay attention to
: the names of witnesses. Widows were seldom given real
: estate outright by their husbands, although they were often
: given personal property, such as household items, and often
: the widow got the "use" of part of the estate during her
: lifetime or until she remarried.
:
: In the past I often thought that this was a cruel thing to do
: to the widow. I have since learned the rhyme to that reason.
: It took a little understanding to the aspects of what a female
: was entitled to, which in many instances wasn't much. By
: limiting her ownership up till she remarried, the first
: husband was protecting his inheritance for the children.
: When the wife remarried, technically all her worldy goods
: became property of the new husband. By limiting her
: property until she married, the first husband solved this
: problem and guaranteeing that his property and wealth that
: would eventually go to his children would indeed follow
: this path.
:
: Another problem that we often get hooked up in when
: working with the probate records is in the references to
: possible relatives. The two biggest confusions comes from
: the terms "Junior" and "Senior." We have long seen them
: as denoting the father and the son who share the same
: name. However, in early times they actually stood for the
: "elder" and the "younger" and may not have directly
: related. They simply shared the same name and were living
: in the same area.
:
: The terms "in-law" and "cousin" are major problems, also.
: In-law may have been used in the modern sense, but could
: just as easily refer to a stepchild. The term cousin probably
: causes the most problems. It was applied loosely to almost
: any type of relationship outside the immediate family
: circle.
:
: Frequently the term cousin denoted a nephew or niece, but
: may have meant a first or more distant cousin, or the spouse
: of any of these relatives - and sometimes to other indirect
: connections who were not blood relatives. If you are
: dealing with a pre-1750 will, be especially careful in
: assuming family connections when the term cousin is used.
:
: So, as you are researching these probate records keep in
: mind some of these points. You just never know when you
: will stumble upon one of them.
:
:
:
: Rhonda R. McClure
:
:
:
: If you know someone who is interested in genealogy,
: please forward this entire message to them!
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