Scottish Government consults on inheritance law shake up

The Scottish Government has launched a consultation into proposed changes to inheritance law in Scotland. The following is the ministerial forward from the Government's Community Safety Minister, Ash Denham:

While the law of succession affects everyone, it can also divide opinion.

It is precisely because it affects everyone that there must be some consensus on what reforms will deliver outcomes that are appropriate for the majority of modern day Scots and in line with their expectations. This is no easy task.

We consulted in 2015 on recommendations made by the Scottish Law Commission in their Report on Succession published in 2009. It was clear from the responses that there was insufficient consensus on a significant number of the recommendations to progress them further.

On testate succession, whilst the current scheme of legal rights attracts criticism, the Scottish Government has concluded from the responses that it does have the benefit of striking a balance between testamentary freedom and limited protections for spouses/civil partners and children and so will not bring forward reforms to the law on testate succession.

This paper focuses on intestacy. The key area which remained unresolved in the 2015 consultation was how an estate should be split where there are both a surviving spouse/civil partner and children. This paper therefore seeks views on a fresh approach to reform of the law of intestacy with reference to regimes which operate elsewhere.

Given that the current rules on intestacy have been in place for over half a century, the approaches explored in this paper may seem novel. Nevertheless I would urge you to consider them and would be grateful for your views. The paper also seeks views on extending an alternative approach to cohabitants to test whether views on what cohabitants' rights on intestacy should be, have shifted.

There are a number of other discrete succession issues in the final chapter on which we would welcome views

I am pleased therefore to publish this consultation paper and I look forward to considering the responses which will inform our policy in this area.

For more on the story visit https://www.holyrood.com/articles/news/scottish-government-consider-reform-inheritance-law.

Details of the consultation are available at https://www.gov.scot/publications/consultation-law-succession/.

Chris

For more information on the historic laws on inheritance in Scotland, consult my book Discover Scottish Land Records - details at https://britishgenes.blogspot.com/p/my-books.html.

Chris

My next Scottish Research Online course starts March 11th 2019 - see www.pharostutors.com/details.php?coursenumber=102. Details of my genealogical research service are available at www.ScotlandsGreatestStory.co.uk. For my Scottish and Irish themed books, visit https://britishgenes.blogspot.com/p/my-books.html. Further news published daily on The GENES Blog Facebook page, and on Twitter @genesblog.

Surrey and New York collections join FindmyPast

This week's new FindmyPast (www.findmypast.co.uk) additions:

Surrey Lay Subsidies 1524-1645
Search for your ancestors in over 16,000 early taxation records created from The National Archives' E 179 series, 'Exchequer: King's Remembrancer: Particulars of account and other records relating to lay and clerical taxation, National treasury records'. Lay subsidies are taxation records from the final years of the Tudor period and the early years of the Jacobean era. All the records come from Surrey in South East England.

Surrey Court Cases 1391-1835
Surrey Court Cases is an index of over 26,000 records covering four centuries of Surrey court cases. Each record consists of a transcript that will reveal the year of the case, the court it was head at and, in some cases, full texts comprising the names of others named in the court proceedings.
The records cover four Surrey Courts:

• Surrey Court of Star Chamber, 1485-1649 –dealt primarily with criminal cases and alleged violence such as sedition, illegal hunting, assault, fraud, public disorder, murder, and witchcraft.
• Surrey Exchequer Court, 1497-1835 – responsible for cases of equity and revenue. You will find land disputes, titles of land, manorial rights, tithes, debts, and wills in these records.
• Surrey Court of Requests, 1500-1624 – Due to the low cost and the speedy process of the Court of Requests, it was frequently used by the poor and servants of the king in matters of equity.
• Surrey Court of Chancery, 1391-1758 – also dealt with cases of equity, trusts, and land laws, as well as the estates of lunatics and guardianship of infants

Surrey & South London Wills & Probate Index, 1470-1856
Just under 2,000 records have been added to our collection of Surrey & South London Will Abstracts 1470-1856. The index consists of names taken from original will registers held at the London Metropolitan Archives. The registers contain the details taken down from office copies of the wills as the testator or their solicitor would have retained the original document.

New York State Death Index Browse
Browse 71 indices of deaths from the state of New York. Images are broken up by year and cover the years 1880 to 1955. Records will reveal where your ancestor died, their date of death, cause of death, age at death and certificate number.

New York City Marriage Announcements, 1833-1836
This collection of marriage announcements from New York City contains many notices from newspapers not readily available to the public. The two newspapers included are The Sun and the New York Transcript. This work has two main indexes: the Groom and the Bride. Each record contains the names of both the bride and groom, the name of the officiating minister, the marriage date, location and the newspaper the notice was
originally printed in. The collection is also available to browse.

New York State Religious Records 1716-1914 Image Browse
Browse 120 volumes of baptisms, marriages, and deaths from dozens of New York State churches of various denominations.

The New York Genealogical and Biographical Record
Another fascinating resource from NYG&B, The New York Genealogical and Biographical Record is the second oldest genealogical journal in the US and details the people and places of the Empire State from the 17th century onwards. We've added a further 85 images from Vol 148 No 3 in this latest update.

Further details at https://blog.findmypast.co.uk/findmypast-friday-november-3rd-2505574686.html
Chris

My next 5 week long Scotland 1750-1850: Beyond the OPRs course commences Nov 6th 2017 - details at https://www.pharostutors.com/details.php?coursenumber=302. For my genealogy guide books, visit http://britishgenes.blogspot.co.uk/p/my-books.html, whilst details of my research service are at www.ScotlandsGreatestStory.co.uk. Further content is also published daily on The GENES Blog Facebook page at www.facebook.com/BritishGENES.

TNA podcasts - First World War VD prosecution, and medieval treason and magic

The National Archives based in England (www.nationalarchives.gov.uk) has two new podcasts available.

‘A Bit of a Scratch’, a radio drama about the battle against Venereal Disease during the First World War

‘A Bit of a Scratch’ explores the first recorded prosecution under the Venereal Diseases Act 1917. The legislation was introduced due to the large numbers, roughly 5%, of UK troops returning from the First World War with venereal diseases and to ensure that treatment was undertaken by qualified medical professionals. The last century has seen remarkable developments in sexual health, however with rising numbers of sexually transmitted infections and the emergence of antimicrobial resistant disease, the provision of high quality sexual health services are more important than ever.

This podcast was produced jointly with the British Association for Sexual Health and HIV (BASHH). More information on the issues
contained within this podcast can be found on the BASHH website and @BASHH_UK.

The podcast is available at http://media.nationalarchives.gov.uk/index.php/bit-scratch/


Medieval treason and magic

In this podcast, two of our records specialists tell us about treason and necromancy in The National Archives’ medieval records.

The first part, narrated by Paul Dryburgh, tells the story of a band of men from Coventry who planned to kill King Edward II and his supporters, the Despencers, with a plot that involved wax effigies and pins. In the second part, Sean Cunningham discusses one of the earliest English language statements in legal history; a tale involving a mole catcher and a magical dismembered hand.

The podcast is available at http://media.nationalarchives.gov.uk/index.php/medieval-treason-magic/

NB: Please note the survey that the archive is asking for responses from, concerning its online media player, available at http://www.smartsurvey.co.uk/s/FFCFX/.

Chris

My next 5 week Scottish Research Online course commences Sept 11th 2017 - details at https://www.pharostutors.com/details.php?coursenumber=102.
For details on my Scottish & Irish genealogy guide books, please visit http://britishgenes.blogspot.co.uk/p/my-books.html.
For my genealogy research service, please visit http://www.ScotlandsGreatestStory.co.uk.

Ancestry releases details of Scottish witches

Ancestry (www.ancestry.co.uk) has released a special Scottish collection just in time for Hallowe'en.

Scotland, Names of Witches, 1658
http://search.ancestry.co.uk/search/db.aspx?dbid=61099
Source: Names of Witches in Scotland. Wellcome Library, London, England.

About Scotland, Names of Witches, 1658

The passing of the Scottish Witchcraft Act in 1563 made witchcraft, or consulting with witches, capital crimes in Scotland. It is estimated that between three and five thousand women were publicly accused of being witches in 16th and 17th century Scotland, a much higher number than neighbouring England. Some men were also accused of witchcraft during this period, however, the number of women persecuted was far larger.

The outbreak of witch-hunting in the years 1658-1662, the period in which this list of names was created, is generally agreed to represent the high water mark of Scottish persecution.

Within this collection, you will be able to find details of the accused's name and resident town.

There is a bit more on the book's release on Scottish Legal news at http://www.scottishlegal.com/2016/10/27/book-listing-those-accused-of-witchcraft-in-17th-century-scotland-digitised/

And if that isn't enough on the Scottish witchcraft front for you, don't forget to check out the University of Edinburgh's Survey of Scottish Witchcraft website at http://www.shca.ed.ac.uk/Research/witches/. This site is a database resource for the history of witchcraft and witch-hunting in Scotland, with the names of some 4000 accused witches, and references to case notes in kirk sesison records and other sources.

UPDATE: I've just discovered there were two witches from Largs, North Ayrshire (where I now live), listed in the book - a Margaret Jamieson and a Janet Holmes.

Happy Hallowe'en...!

UPDATE: A wider list of Largs women accused of being witches, and years tried:

Clerk, Agnes (1662)
Crauford, Jonet (1662)
Dumbar, Jean (1662)
Erskine, Sarah (1650)
Holmes, Jonnet (1658)
Jamesonne, Margaret (1658)
Knox, Maig (1622)
Losk, Jonet (1683)
Maillshead, Isobel (1650)
Montgomerie, Maal (1650)
Scott, Marjory (1662)
Sheddon, John (1650)
Small, Cristian (1662)
Small, Maal (1650)
Whyte, Jonet (1662)

(Source: Survey of Scottish Witchcraft http://webdb.ucs.ed.ac.uk/witches/index.cfm?fuseaction=home.main)

Original records on Margaret Jameson and Janet Holmes' trials are held at the National Records of Scotland in Edinburgh. Must take a look next time I am up!

Chris

For details on my genealogy guide books, including A Beginner's Guide to British and Irish Genealogy, A Decade of Irish Centenaries: Researching Ireland 1912-1923, Discover Scottish Church Records (2nd edition), Discover Irish Land Records and Down and Out in Scotland: Researching Ancestral Crisis, please visit http://britishgenes.blogspot.co.uk/p/my-books.html.

TNA podcast - Magna Carta

The latest podcast from the National Archives in England is entitled Magna Carta: Law, Liberty and Legacy, a 50 minute talk from Julian Harrison of the British Library, examining the history of the document which affected the law in England, and its legacy.

The podcast can be listened to at (or downloaded from) http://media.nationalarchives.gov.uk/index.php/magna-carta-law-liberty-legacy/, or downloaded for free from iTunes.

Chris

For details on my genealogy guide books, including A Beginner's Guide to British and Irish Genealogy, A Decade of Irish Centenaries: Researching Ireland 1912-1923, Discover Scottish Church Records (2nd edition), Discover Irish Land Records and Down and Out in Scotland: Researching Ancestral Crisis, please visit http://britishgenes.blogspot.co.uk/p/my-books.html.

Magna Carta, 1215 and beyond

For those studying English legal history, the National Archives at Kew has uploaded a new educational resource page on the Magna Carta document sealed in 1215, designed to restrict the ambitions of the English king John.

The page, entitled Magna Carta, 1215 and beyond is available at http://www.nationalarchives.gov.uk/education/resources/magna-carta/.

Chris

For details on my range of genealogy guide books please visit http://britishgenes.blogspot.co.uk/p/my-books.html. To commission me for genealogical research, please visit my research site at www.scotlandsgreateststory.co.uk.

More on Who Do You Think You Are Story terms and conditions

I've previously commented on the Terms and Conditions of the new Who Do You Think You Are Story (www.whodoyouthinkyouarestory.com) product from DC Thomson Family History in my beta site review at http://britishgenes.blogspot.co.uk/2014/08/who-do-you-think-you-are-story-beta.html), but I'm not a lawyer - thankfully, the legal genealogist Judy G Russell is much more experienced in such matters, and has also picked up on the same issues I looked at concerning any images or data that you upload to the site.

Judy's comments can be found at http://www.legalgenealogist.com/blog/2014/09/02/wdytya-story-terms-of-use/ - well worth a read.

Chris

Now available for UK research is the new second edition of the best selling Tracing Your Family History on the Internet: A Guide for Family Historians, whilst my new book British and Irish Newspapers is also now out. And please consider purchasing the great new version of Caledonia by The Libations at 79p via www.caledonia2014.com - all profits go to help fund Scottish foodbanks

Changes in UK copyright law effective from today

The following may be of interest concerning new changes to UK copyright law as of today, which looks set to save archives and libraries a fair few quid.

Three new regulations:

The Copyright and Rights in Performances (Disability) Regulations 2014 - This allows those with a disability or groups representing them to make copies of materials in different formats.

The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 - Libraries can begin to scan materials and make them available in digital collections.

The Copyright (Public Administration) Regulations 2014 - Public bodies can now publish everything that they hold online.

For a full analysis of what this all means, visit the following article at http://www.business-cloud.com/articles/news/uk-copyright-changes-force

(With thanks to @ShirleyBurnham and @fleming77)

Chris

Now available for UK research is the new second edition of the best selling Tracing Your Family History on the Internet: A Guide for Family Historians, whilst my new book British and Irish Newspapers is also now out. And FindmyPast - please reinstate the original Scottish census citations on your new site.

FindmyPast Ireland updates petty session records

FindmyPast Ireland (www.findmypast.ie) has updated its petty session records collection with material from an additonal 25 courts - there are further details at https://www.findmypast.ie/articles/news/petty-sessions-updated-with-25-new-courts

(With thanks to FindmyPast Ireland on Facebook)

Chris

Pre-order my new book, Tracing Your Irish Family History on the Internet, through Pen and Sword (30 April 2013), or purchase early at Who Do You Think You Are Live 2013 in London. For my other genealogy books, please visit  http://britishgenes.blogspot.co.uk/p/my-books.html; whilst for my online Scottish based genealogy courses please visit the Pharos Teaching and Tutoring Ltd site.

Scottish Legal History Research Guide

I came across a page last night on the Georgetown University website concerning Scottish legal history, which may be of interest to those carrying out family history research. The Scottish Legal History Research Guide site is at www.law.georgetown.edu/library/research/guides/scottishlegalhistory.cfm and provides an interesting historic overview of the Scottish law system and courts, with links to details of various printed resources.

Chris

Pre-order my new book, Tracing Your Irish Family History on the Internet, through Pen and Sword (30 April 2013), or purchase early at Who Do You Think You Are Live 2013 in London. For my other genealogy books, please visit  http://britishgenes.blogspot.co.uk/p/my-books.html; whilst for my online Scottish based genealogy courses please visit the Pharos Teaching and Tutoring Ltd site.

Calendars of Inner Temple Records now online

If your ancestor was involved in legal practice in London, this may be of interest:

The Honourable Society of the Inner Temple is pleased to announce that its Calendars of Inner Temple Records 1505 to 1845 are now available online and may be accessed via the Inner Temple's website.
www.innertemple.org.uk/history/caldendars-of-inner-temple-records-1505-1845

The Calendars detail the administrative decisions made by the Inn's Bench Table and Parliament, and also publish many of the other series of documents contained in the Inn's archive, including account books from 1682, account receipt books 1682 to 1870 and other miscellaneous documents.

Genealogists will be able to search for ancestors admitted to the Inn and its Chambers as well as any that were called to the bar using a document wordsearch. The first volumes are edited by F.A. Inderwick Q.C. a former Treasurer of the Inn in 1898 and include his own excellent introductions. This also contains the Register of Burials at the Temple Church from 1660 to 1715. The editorship is then taken over by R.A.Roberts in 1933 who continues with the introductions to each volume until 1800. More recently Celia Charlton has transcribed our records to produce the volume 1836 to 1845.

The volumes take some time to load due to their size and we thank you for your patience and hope that soon we will be able to split the size of the files and thereby speed up the process.

Any enquiries should be addressed to the archivist Celia Pilkington cpilkington@innertemple.org.uk

(With thanks to Wendy Archer)

NB: There's also an admissions database accessible via the site or at www.innertemplearchives.org.uk/index.asp

Chris

Pre-order my new book, Tracing Your Irish Family History on the Internet, through Pen and Sword (30 April 2013), or purchase early at Who Do You Think You Are Live 2013 in London. For my other genealogy books, please visit  http://britishgenes.blogspot.co.uk/p/my-books.html; whilst for my online Scottish based genealogy courses please visit the Pharos Teaching and Tutoring Ltd site.

Cyndi's List copyright theft

There's quite a bit on a few social network forums and blogs just now about an apparent attempt to violate the copyright of Cyndi Howell's material on her vastly useful web portal Cyndi's List at www.cyndislist.com. The allegation (I say allegation as lawsuits are pending) is that the material on Cyndi's site - which is completely free to view - has been lifted and placed onto another site which charges users for access. It has understandably caused quite an amount of distress to Cyndi, who is filing several lawsuits to order the violator to cease and desist.

A useful overview from Mocavo's Michael J. Leclerc is at http://blog.mocavo.com/2012/11/copyright-and-copy-wrong whilst John Reid in Canada has the story also at http://anglo-celtic-connections.blogspot.co.uk/2012/11/cyndis-trial.html, including a link to Cyndi's own brief statement on the issue via her Facebook page. 

It's worth flagging up that last year Cyndi spent $40,000 of her own money to upgrade her site, which is some 16 years in the making. Many donors have contributed towards the cost, with some 37% of the costs so far recouped by Cyndi by September. If you would like to help recoup the cost and allow Cyndi to continue offering her service, please make a donation also via Cyndi's site at www.cyndislist.com. A list of donors is available at www.cyndislist.com/donate/.

A true gene genie...

Chris

Scotland 1750-1850 - 5 weeks online Pharos course, £45.99, taught by Chris Paton from 2 NOV 2012 - see www.pharostutors.com
New book: It's Perthshire 1866 - there's been a murder... www.thehistorypress.co.uk/products/The-Mount-Stewart-Murder.aspx (from June 12th 2012)

More on Ancestry.com being sued

There's a bit more about the lawsuits that have been filed against Ancestry.com, following the proposed sale of the company to London based Permira Advisers LLP, at www.heraldextra.com/news/local/central/provo/shareholders-sue-ancestry-com-over-buyout/article_0c7ee199-a45a-566d-ae7a-aff10ae4b041.html. This includes a response from an Ancestry spokesperson, which might be of interest.

Chris

Scotland 1750-1850 - 5 weeks online Pharos course, £45.99, taught by Chris Paton from 2 NOV 2012 - see www.pharostutors.com
New book: It's Perthshire 1866 - there's been a murder... www.thehistorypress.co.uk/products/The-Mount-Stewart-Murder.aspx (from June 12th 2012)

Ancestry.com sued over buyout

Fun and games with Ancestry.com - it looks like the company is now being sued by some of its shareholders in Michigan and Delaware, unhappy at the sale price to London based Permira.

The story is at www.businessweek.com/news/2012-10-26/ancestry-dot-com-sued-over-1-dot-6-billion-permira-buyout-deal

Chris

Scotland 1750-1850 - 5 weeks online Pharos course, £45.99, taught by Chris Paton from 2 NOV 2012 - see www.pharostutors.com
New book: It's Perthshire 1866 - there's been a murder... www.thehistorypress.co.uk/products/The-Mount-Stewart-Murder.aspx (from June 12th 2012)

1872 Education Act and Gaelic conference

A one day conference entitled The Education (Scotland) Act 1872 – A watershed for the Gaelic language is to be hosted by Tasglann nan Eilean Siar (Hebridean Archives) at Balivanich Primary School on Benbecula, August 25th 2012, to commemorate the act's 140th anniversary.

Tickets cost £10, including a light lunch, and booking forms are available from enquiries@tasglann.org.uk, by visiting www.tasglann.org.uk or telephoning 01851 822750.

For further information, including the topics and speakers, visit www.ampaipear.org.uk/2012/08/did-formal-education-really-damage-the-gaelic-language/

NB: Talks will be given bilingually in both Gaelic and English.

(With thanks to Am Paipear)

Chris

Check out my Scotland's Greatest Story research service www.ScotlandsGreatestStory.co.uk
New book: It's Perthshire 1866 - there's been a murder... www.thehistorypress.co.uk/products/The-Mount-Stewart-Murder.aspx (from June 12th 2012)

TNA podcast - Magna Carta

The latest National Archives podcast from Kew is entitled Magna Carta: What More is There to Say? - it is available to listen at http://media.nationalarchives.gov.uk/index.php/magna-carta-what-more-is-there-to-say/ or to download from iTunes.

Chris

Check out my Scotland's Greatest Story research service www.ScotlandsGreatestStory.co.uk
New book: It's Perthshire 1866 - there's been a murder... www.thehistorypress.co.uk/products/The-Mount-Stewart-Murder.aspx (from June 12th 2012)