Build Your Family Tree: A Guide For Canadians With Local And Global Roots

By Lynne Butler

Take your geneaology research to the next level by completing your ancestral story with historical will and probate records.

Often, when you research your family tree, you can find only basic facts about ancestors, such as birth, marriage, and death dates. Sometimes, you can figure out a bit more from these records such as their religion, occupation, and names of some other family members. While all of these facts are crucial to your research, they do not paint much of a picture of your family members as people.

For those who want to dig deeper and really get to know their ancestors, Build Your Family Tree explains how a will or probate record can offer a much more robust image of lives lived and legacies left.

Wills are underused in genealogy research. This may be because many family genealogists use primarily online sources for research and most wills are not found online; it could also be because the documents are usually in old, unfamiliar, handwritten script and are not easy to read. With a little work, you could uncover some surprises or a treasure trove of information.

Even genealogy enthusiasts who are willing to look for wills may not fully appreciate just how useful probate and related records can be. In this book you will find an explanation of what sorts of probate records exist and where to find them. You will find definitions of the terminology used in probate records, including latin words and phrases and legal terms that are common to this type of resource.

Once you know what is in a physical archive and how to view those records, you are able to take your information about your ancestors to a new level. The story of your family could be different than you imagined. Are you ready to find out how?

• Language: English
• Publisher: Self-Counsel Press
• Release date: Oct 15, 2022
• ISBN: 9781770405363

Lynne Butler

Lynne Butler has worked in estate planning and law for over 25 years. She is a frequent speaker on will and estate matters, and has been a Learning Group facilitator for the Wills and Estates module of the bar admission course in Alberta. Lynne is the author of Self-Counsel titles 'Protect Your Elderly Parents', 'Alberta Probate Kit', 'Estate Planning through Family Meetings', 'Succession Planning Kit for Canadian Business', 'How Executors Avoid Personal Liability' and 'Contesting a Will without a Lawyer'.

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INTRODUCTION

Tracing your family tree can be a project so immense that it keeps you busy for several years. It seems the more information you find, the more you want to find. Detail by detail, you put your family ancestry puzzle together. Each new tidbit of information leads to another avenue of exploration. Sometimes, though, you can reach a dead end. You may not be able to discover a name that would allow you to continue your family tree. Or perhaps you have a name but there are two or three people with the same name and you don’t know which one is your ancestor.

Perhaps you know for sure that someone is your ancestor but you would like to know more about him or her than simply the dates of birth and death. What were their lives like? What kind of work did they do? What sort of town or village did they inhabit? Were they famous or perhaps even infamous? It can be really satisfying and intriguing to fill out the details of an ancestor’s life and gain an understanding of your true background. This book is based on the idea that you want to know more than the bare facts. It is based on the idea that you want to know as much as you can about your ancestors and see them as people who lived full, interesting lives.

The more you explore genealogy, the more you learn about different sources that can help you advance your family tree. In this book, we are going to take a look at using wills, estates, and probate records to learn more about your ancestors. The records that document the circum-stances of a person’s death often tell us volumes about their life. We’ll dive into what you can learn from wills and from probate court records and where to find them. We’ll also go into depth about exactly which clues you can pick up to lead you to further names and information. These records can be a rich source of valuable new information and can be the key to confirming guesses you may have made.

For many of our ancestors, we can find only the basic facts, those being birth date, marriage date, and death date. While those are crucial to building your tree, they do not necessarily paint much of a picture of your ancestor as a person. In this book, we will discover how a will or probate record can fill out a much more robust picture. The records of a person’s death can reveal an ancestor’s religion, birthplace, occupation, wealth, associations, business ownership, and locations of family property. You will also find facts such as names of immediate family members, names of their children’s spouses, and names of children who predeceased them. If you want to create a fuller picture of an individual ancestor, their will and the record of probate are excellent places to turn.

Wills are underused in genealogy research. This may be because many family genealogists use primarily online sources for research and most wills are not found online. We’ll look at the large, commercial websites in this book but we will also go way beyond them into smaller, specialized websites you probably have not thought of checking. We’ll also discuss the many valuable sources that are not online and how you can access them. This is where you will find your research taking leaps and bounds forward! Once you know what is in a physical archive and how to view those records, you will be able to take your information about your ancestors to a new level.

The under-usage of wills may also exist because the documents are usually in old, unfamiliar, handwritten script and are not easy to read. You may be unwilling to put in the work to figure out what a will says unless you know that it contains a treasure trove of information that can be uncovered. We will provide some tips on dealing with those difficult documents.

Even genealogy enthusiasts who are willing to look for wills may not fully appreciate just how useful probate and related records can be. In this book you will find an explanation of what sorts of probate records exist and where to find them. You will find definitions of the terminology used in probate records, including the Latin words and phrases and legal terms that are common to this type of resource.

In this book you will find examples of actual wills and probate documents that illustrate the various types of information that you can find using wills and probate records. You will learn about various sites to visit and what to search for when you get there. The download that accompanies this book is packed with links to sites that you can search for yourself, as well as useful forms to streamline your searches.

As you peruse original written documents, you will find that some of the language used in old records many years ago would be considered offensive and harmful today. Please be aware that some of the collections mentioned in this book reflect the attitudes and practices that were in place at the time the actual records were made. They are words that were recorded generations ago and reflect those outdated attitudes.

The focus in this book is on Canadian researchers of all backgrounds. It is also a great resource for people outside of Canada whose family histories take them through Canada at some point. We’ll de-mystify the Canadian courts and the lingo of Canadian wills and probate records. You will find detailed information regarding sources in each province and territory. Also, in recognition of the fact that our country is not very old, we will delve broadly into international sources that focus on wills and probate. Canadians’ roots extend all over the world. Many searchers can use Canadian records to find only two or three generations of ancestors and must then turn to records from their family’s country of origin to continue the family tree. You will find several useful explanations, ideas, and links in this book for accessing and understanding records from other countries.

Records outside of Canada are listed alphabetically by country (check the downloadable kit you can access through the link printed at the back of this book for more complete resources). Each country has its own discussion and its own links to resources. You will find that the availability and quality of records varies widely from place to place. Countries in some parts of the world have had their boundaries changed by war or other events. Records have been lost due to fires, floods, armed conflicts, and changes in government policies. We have located and identified as many reliable sources of records as possible, given those upheavals and changes.

There are hundreds of international genealogy sites that offer records such as birth, death, and marriage but they are not included in this book unless they also offer registries of wills, probate documents, inheritance registries, notarial records, or similar collections. While the birth, death, and marriage records form the backbone of your family tree and you will no doubt consult those sites along the way, in this book, listings are focused on estate-related sites in order to help you narrow down your search.

That is not to say we have been overly restrictive in our choice of records; we have made reference to many resources that are not actual probate documents but that are related. Some will lead you to probate records and others will supplement and support them by painting a vivid picture of your ancestor’s life. Our goal is to help you fill out the story of your ancestors with much more than just the bare facts. We hope you enjoy checking out the less expected sources and that you make wonderful discoveries. We know you will find information here to advance your family tree and fill out your picture of your ancestors.

We have provided website addresses for every resource listed. In addition, if we were able to find other ways of interacting with a group or archive, we have listed those as well. These would include other social media such as Facebook and Instagram. Hopefully including this information will ensure that you are always able to make contact with someone from the site or group when you have questions or you want to arrange a visit. Since new record acquisitions and changes in schedules are often announced on social media sites, having this information may help keep you up to date with new developments at an archive that interests you.

We have also listed physical address for archives, museums, and libraries in Canada and around the world so that you can quickly ascertain whether a visit in person is possible. You’ll also find telephone numbers and email addresses.

At the back of this book you will find a link to a download kit containing several useful forms and checklists, many web resources, and information about research in several international countries. We have designed the forms to help you record, organize, and preserve your research findings in a convenient and practical way, whether you are new to genealogy or are a seasoned researcher. The forms and checklists are listed on your download. You will very quickly become an expert in using them.

Happy researching!

CHAPTER 1

Information You Can Find in Wills

While some wills can be little more than bare-bones lists of who gets what, other wills are much more detailed. With any luck, you might find a will that contains a wealth of useful facts. Your search could pay off with a dozen new clues to follow up regarding your ancestor(s). In this chapter, we will take a look at some of the information that is commonly found in wills so that you know what to look for.

When you find a will, be sure to examine it carefully to pick up every clue that you can. Some facts will jump out at you, such as the name of a spouse. But look more closely and you will be able to draw further conclusions that will boost your knowledge of your family history and lead you to new paths to explore. You may also be able to draw conclusions from what is not in a will and read between the lines to understand your ancestor’s situation. We will look at some examples of how to look at more than the obvious facts when looking at an ancestor’s will.

Every time you find an ancestor’s will, record your findings on an Abstract of Will form. There is a blank copy on the downloadable kit that is included with this book. See Sample 1.

Sample 1: Abstract of Will

1. Names of Children and In-laws

Wills are usually an excellent tool for confirming the names of family members such as spouses and children. This excerpt from a will from 1905 is a good example:

One cow and heifer to my daughter, Mary Jane Steadman; two cows and two young cattle to my wife’s sister, Anne Kelly, and all the rest of my stock, horses and farm machinery and household furniture I give and bequeath to my son Austin Steadman. I also bequeath to my son, Austin Steadman one share of the Farmer’s Elevator now held by me.

There is quite a bit of information held within this brief paragraph, though not all of it is obviously stated. We can conclude that:

• Mr. Steadman’s wife had a sister named Anne. Her surname was Kelly, which could have been either a maiden name or a married name.

• Mr. Steadman had a daughter named Mary Jane.

• Mary Jane was unmarried when the will was made in 1905. If she married, it was after that date.

• Mr. Steadman was a farmer, raising cattle and crops.

• Mr. Steadman had a son named Austin.

• The farm was being left to Mr. Steadman’s son as a going concern.

You can see how these facts could help add to or confirm other records you might have found. For example, you might not have been able to determine for sure the maiden name of Mr. Steadman’s wife. Knowing now that it might have been Kelly, you have a new avenue to search. Also, you can compare the people named in the will to any census record you find to ensure that you have the right person, and to see whether there is anyone listed in the census who is not in the will.

At this point, it is useful to think for a minute about what is not included in a will. In this case, there is no mention of Mr. Steadman’s wife. There is no share of the estate left to her and no provision of any kind is made for her. Therefore, you could tentatively conclude that Mr. Steadman’s wife was deceased by 1905 and search for a death certificate to support your hypothesis. In addition, no mention is made of any other children besides Mary Jane and Austin. You would then try to confirm this by looking at a census, if possible.

A will might also help you identify other family members. It might assist you with information that you are only guessing at and need confirmed. For example, determining who the daughters of a family married can be challenging since the daughters’ surnames would traditionally change upon marriage. A will might help you there. This will from 1885 is an outstanding example, as the testator named the men that each of his daughters married. This was a very common practice in older wills. This information could lead you to find marriage records for the daughters.

… and further I give and bequeath to my daughter Sarah Matilda the wife of Thomas Guy — Amelia Ann the wife of Frederick Slade — Joanna Clara the wife of Francis Forward and Lydia Jane Manuel aforementioned the sum of ten pounds currency to be paid each on the said Lydia Jane Manuel attaining the age aforementioned, for their own sole use and benefit …

2. Extended Family Names and Relationships

The identities and locations revealed in a will go further than just spouses and children. Some wills give information you might not find anywhere else, including names of siblings, names of nieces and nephews, married names for women in the family, and the places your ancestors lived. On occasion, a will contains information that you had no idea was relevant to your ancestor! For example, look at this will from 1755:

I, James Campbell late of Jamaica make this my last will and testament

I give unto my brother Duncan Campbell of Kildusklan the interest of £500 Sterling during his life and £20 Sterling to buy mourning and a ring

I give to each of my four sisters £40 Sterling

I give to my nieces hereinafter mentioned viz. Florence McLachlan, Elizabeth and Catherine McNeil daughters of my sister Florence Campbell and to Florence and Jane Campbell daughters to Duncan Campbell of Knap and Isabel and Jane Campbell daughters of Daniel Campbell of Tansay to each of them £100 Sterling

I bequeath to my niece Ann Campbell spouse to John Somervil in the Custom House at Greenock and to each of his three daughters Ann, Henrietta and Agnes Somervills £50 Sterling each

I bequeath to my niece Mary Campbell spouse to Richard Betham £100 Sterling and to his daughter Mary Betham £100 Sterling

I bequeath the above £500 after my brother’s death and all the goods, bonds bills or gear of whatever kind to my natural son Ronald Campbell born of the body of Margaret McFarlane and in case of his death before twenty one years of age I devise the whole of my estate, after the above legacies are paid to be divided equally amongst my nieces.

It is my will that my brother Duncan Campbell of Kildusklan shall have all my wearing apparel, horses, pistols, saddles and furniture together with my watch and nominate my said brother John Campbell of Danna to be guardian to my son Donald Campbell

Signed James Campbell, 25th August 1755

From this will, we have learned that:

• James Campbell had siblings named Duncan, Florence, Daniel, and John as well as three other, unnamed sisters.

• Duncan lived in Kildusklan.

• His sister, Florence, had daughters named Florence, Elizabeth, and Catherine.

• His brother, Duncan, lived in Knap and had daughters named Florence and Jane.

• His brother, Daniel, lived in Tansay and had daughters named Isobel and Jane.

• His niece, Ann, married John Somervil and lived in Greenock. It appears that Mr. Somervil might have been married before as the daughters are referred to as his daughters and not their daughters. The daughters were named Ann, Henrietta, and Agnes.

• His niece, Mary, married Richard Betham, who had a daughter named Mary.

• He had a son named Ronald with a woman named Margaret McFarlane. As Ronald is called his natural son (i.e., born out of wedlock), it appears James did not marry Ms. McFarlane.

• Another son, Donald, was younger than the age of 21 when the will was made.

• His brother John lived in Danna.

This will paints a vivid picture of the entire family in only a couple of paragraphs. Most archived records from 1755 are likely to contain no more than birth, marriage, and death records, and even those can be difficult to find as you go further back in time. Very few census or other types of family listings are available for that time period. As you can see, there is more detail in this will than could be found in any other source. For example, without seeing this will, you might never be able to prove the link between the son, Ronald, and his father. You might not have been aware of Ronald’s existence before seeing this will.

Once again, you should ask yourself what is missing from the will. What is not mentioned? You’ll note that Mr. Campbell mentions three nieces: Florence, Elizabeth, and Catherine. He then goes on to name the husbands of Elizabeth and Catherine. He does not mention a