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A Will is the written instructions of a deccased person as to the division of their assets after their death. The maker of the will (the testator) will usually specify the distribution of the property, and appoint a trusted person (the Executor) to carry out their instructions. To achieve a legal status, a will must be accepted, or 'proven' by a Probate court. If a deceased person died without making a will (i.e. intestate), this court must do so on their behalf, taking account of their assets, and the family and creditor situation. This is called an Administration. On certain occasions where a will has been made but it is inoperable (eg the executor is also deceased) an Administration may also be made. In these cases, the court appoints an Administrator, usually a relative or legal person, to oversee the distribution of the estate of the deceased as determined by the court. The Administrator enters a bond for a sum of money as a surety that the instructions of the court will be carried out. These bonds are called Administration Bonds
Wills and administrations can provide the researcher with excellent information on family relationships. The details can sometimes resemble a brief family pedigree. The Probate records available to researchers are as follows:
Original Wills & Administrations : These are potentially important legal documents willi a particular relevance in proving ownership of property. They are stored in many different archives, as well as in private collections. The major collection of Irish wills was unfortunately destroyed in the Public Record Office fire in 1922.
Abstracts: For various legal and family history purposes, details of the persons and properties mentioned in certain wills have been abstracted and either published or otherwise made available for consultation.
Indexes: Although a large proportion of Irish wills have been destroyed, the index to die collection survives, and provides name, residence and date of death of each testator. Indexes for existing wills obviously also survive, and are usefully detailed.
Prior to 1858 Probate administration was the responsibility of the Church of Ireland, and all wills were proven in either the Prerogative court in Armagh, or a Diocesan or Consistorial court in each diocese.
The Prerogative Court (The Prerogative Court of the Archbishop of Armagh) was responsible for the proving of wills of persons whose property lay within two or more diocese's where the value in the second diocese was £5 or more. Such wills were generally those made by more wealthy individuals. However, landholders whose property straddled ,,' the border of two dioceses may also be included.
The Diocesan, or Consistorial, Court was responsible for the proving of wills of persons whose property lay within one diocese. Each Mayo diocese, ie Killala, Achonry and Tuam ~: Diocese, had its own court.
Following the abolition of the Ecclesiastical Courts (Prerogative and Diocesan) in 1857, a i civil court system was established. It comprised a Principal Registry and eleven District '. Registries. The Principal Registry effectively replaced the Prerogative Court and dealt with cases where the testator held property in more than I District Registry. The District Registries replaced the Diocesan Courts. Mayo wills are proved in the District Registry of Ballina. The surviving records from each of these courts are listed below:
Prerogative Will Books:
All original Prerogative wills were destroyed in 1922. However, some will books (Books into which original wills were transcribed) did survive as follows:
1664-1684; 1706-1708; 1726-1729 (An names); 1777 (Surnames beginning A-L only); 1813 (Surnames beginning with K-Z only); 1834 (Surnames beginning A-E only). These are in the NAI and indexed in the NAI Testamentary Card Index.
The indexes to Prerogative Wills also survive and are arranged alphabetically by surname giving testator's address, occupation and year of probate. The original manuscript index for the period 1536-1857 is available in the NAi. An index for the period 1536-1810, edited by Sir Arthur Vicars, was published as the 'Index to the Prerogative Wills of Ireland' (Dublin 1897); Reprinted by Genealogical Publishing Co., (Baltimore 1989). (See p. 53).
Biographical details from a huge collection of pre-1800 Prerogative Wills and Administrations were abstracted by William Betham before their destruction. These abstracts are in the NAi. Betham also constructed sketch pedigrees, based on these abstracts, which are in the GO. Copies are held by the SOG.
An Index to the Abstracts of Wills of Irish Testators registered in the Prerogative Court of Canterbury 1636-1698 is held in the Manuscript Reading Room of the NLI (Ms. 1397).
Prerogative Administration Grant Books:
All original grants (Letters of Administration) were also destroyed and only a few Grant Books (books into which original grants were transcribed) survived. They are as follows: 1684-1688; 1748-1751; 1839. Also: 1784-1788 (Prerogative Day Books)
These are held at the NAI.
Prerogative Grant Indexes:
A combined index of Prerogative Grants of Administrations, Probate of Wills and Marriage Licences for the period 1595-1858. Alphabetically arranged under initial letter of surname listing name, address, occupation/condition year and nature of grant. The index is available in the NAI.
A sizeable number of wills were registered in the Registry of Deeds. Abstracts of wills registered there during the period 1708-1832 have been published in 3 volumes 'Registry of Deeds, Dublin: Abstracts of Wills' by the IMC: Vol. 1 1708-45 (Dublin 1954); Vol. n 1746-1785 (Dublin 1956) both edited by P.B. Eustace, and Vol. ill 1785-1832 (Dublin 1984) Ed. E. Ellis & P.B. Eustace.
Surviving pre 1858 material of the Diocesan Courts of Mayo:
Diocesan or Consistorial Wills Indexes: The original wills and will books for the courts covering Co. Mayo were destroyed. However, the following indexes survive:
Killala & Achonry 1756-1831: NAI (badly damaged)
Killala & Achonry 1698-1838: pub in Jr. Gen. Vol. 3 (12) (1967) p. 506-519
Tuam 1648-1858: NAI (damaged)
Tuam 1621-1821: RIA: Ms. 24. D. 16
Microfilm copies of the NAI indexes are also available in the NU.
Diocesan Administration Bond Indexes: The original administration bonds for the Mayo Diocesan Courts did not survive but the indexes to these bonds are available as follows:
Killala and Achonry 1779-1858 NAI
Killala and Achonry 1782-1856 Jr. Anc. Vol. 7 (1) (1975) p. 55-61
Tuam 1692-1857 NAI
Microfilm copies of the NAI indexes are also available in the NUI.
Principal Registry Will Books: 1874 (Names beginning G-M); 1878 (A-Z); 1891 (G-M); 1896 (A-F); 1922 (A-Z)
Principal Registry Grant Books: 1878; 1883; 1891; 1893
The above books are held in the NAI.
Surviving Post 1858 material of Ba/lina Probate district:
Ballina Probate District Will Books: August 1865-December 1899; NAI, SLC film 100925-6 January 1914-August 1919; July 1923-1952 NAI
Having identified an entry from one of the above indexes, the Testamentary card index in the NAI should be consulted to establish if the particular will or administration survives. This index covers all surviving pre and post 1858 testamentary material (except the surviving post 1858 probate district will books). Betham's abstracts and other abstract collections are indexed separately to the main testamentary card index.
Yearly 'Calendars' of Wills, starting in 1858, are also held at the NAI. These are effectively abstracts of wills from 1858 on, and are printed in large bound volumes which provide the researcher with the deceased person's name, address, date of death, place of death, occupation and value of estate. The grantee's name, address and relationship is also found and the date and place of probate or administration. When an entry of interest is identified, the testamentary card index or surviving will book should then be consulted.
This publication compiled by the Rev. Wallace Clare (Sharman 1930) is a valuable aid to the researcher, as it provides a single alphabetical index to the following:
(a) Copies and abstracts of Irish wills deposited in the Society of Genealogists, London.
(b) Copies of wills in all the Prerogative will books which were salvaged from the PRO fire
(c) Early original wills deposited in English archives.
(d) Copies and abstracts of wills published in some historical and genealogical journals, family histories etc.
The book arrangement is as follows: name, address, date of probate and key to one of the above.
Index to Will Abstracts in the Genealogical Office.
This index is arranged alphabetically by surname giving forename, address, occupation, date and key to collection. Pub. in Analecta Hibernica Vol 17, P. 151-348.
Wills at Irish Land Commission.
An index to wills (mainly 19th c) is available. See Chapter 8.
There were several methods available to the churches to ensure that there was no impediment to a marriage. The fIrst was the 'Banns'. This involved reading, or posting, an announcement of the intention of a couple to marry. The Banns effectively gave 3 weeks public notice of the impending marriage so any objections could be made. The Banns were read in the parish church of each of the marrying couple and in the church in which the marriage would take place if the couple were marrying elsewhere. For whatever reason, marriage by Banns was regarded as an indication of poverty by many and was avoided by most couples. Instead, a fee would be paid to the CoI minister to have the Banns waived.
The alternative, a Marriage License was obtained (prior to 1858), from the Ecclesiastical courts noted previously. It involved a payment which technically was a surety to indemnify the church against any damages that may be sought later as a result of any unforeseen impediment to the marriage. These sureties were called Marriage Licence Bonds.
Two types of marriage licences were issued:
(a) Diocesan Marriage Licences, which were valid for three months and allowed the couple to marry immediately.
(b) Prerogative Marriage Licences, which were issued by the Prerogative Court of Annagh and allowed the couple to marry anywhere with no time restrictions. Prerogative marriage licences were also known as Special Licences.
No records of Marriage Licences or Bonds survive for Mayo. Records of Banns exist in 2 CoI churches, Oughaval (1819-25) and Aughagower (1826-29), but provide no additional details to the marriage records. Indexes to the Marriage Licence Bonds do survive (in the NAI, NLI and GO) as follows:
Indexes to Marriage Licence Bonds:
Prerogative Marriage Licence Bonds Indexes
1750-1861 NAI (Alphabetically arranged by surname)
1629-1858 GO Ms. 605-607
Diocesan Marriage Licence Bonds Indexes:
The diocesan court indexes is alphabetical are arranged by surname of both bride and bridegroom, and show the full names of both parties and the year. Those available are: Killala & Achonry Diocesan Court (1787-1842): NAI, also NU Pos. 1882
Tuam Diocesan Court (1769-1845) NAI, also NLI Pos. 1884