forwarded by permission... Jennifer Sherwood Braswell jensgen@iol10.com ----- Original Message ----- From: Family Tree Finders <soda-send@gt.sodamail.com> To: <jensgen@mail.integrityonline10.COM> 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 : rhondam@sodamail.com : : : If you know someone who is interested in genealogy, : please forward this entire message to them! : _________________________________________________ : : IMPORTANT ADDRESSES: : Sodamail Web site: http://www.sodamail.com : : TO UNSUBSCRIBE VIA WEB : Click on the following link to be unsubscribed immediately: : http://gt.sodamail.com/exec/gt/unsubscribe_FT.html?user=#user : [gtKey|encoded]# : : NOTE: You can subscribe to other Sodamail newsletters at the same : time! : : TO UNSUBSCRIBE VIA E-MAIL : Send blank email message to: : leave-family-tree-finders@gt.sodamail.com : : TO SUBSCRIBE VIA E-MAIL : Send blank email message to: : join-family-tree-finders@gt.sodamail.com : : Need help? -- write to: help@sodamail.com : Have questions--write to our editor: editor@sodamail.com : __________________________________________________ : COPYRIGHT 1999-2000 SodaMail LLC. All rights reserved : http://www.Sodamail.com : : : : : :