Author Topic: Will for Annie Stewart died 1937  (Read 1414 times)

Offline NZfitzy

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Will for Annie Stewart died 1937
« on: Sunday 16 August 15 08:17 BST (UK) »
Can someone advise how I can get a copy of a will for Annie Stewart who died 8 Jan 1937 at 51 Otago Street Glasgow. Trying to track down her daughter Margaret born 1885  at 5 Wilton Street Glasgow who gave birth to my father  Hector Hart in 1912. I thought her will may give me some idea of Margaret's whereabouts as I could find no trace of her marriage or death at Scotland's People after spending a week there on a recent trip to Scotland.

Cheers
Josephine

Offline aghadowey

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Re: Will for Annie Stewart died 1937
« Reply #1 on: Sunday 16 August 15 09:42 BST (UK) »
It may be that Annie Stewart didn't leave a Will or have any Estate that needed to go through Probate. I checked 1937 and 1938 without finding her but you can have a look yourself-
https://probatesearch.service.gov.uk/#wills
Away sorting out DNA matches... I may be gone for some time many years!

Offline dawnsh

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Re: Will for Annie Stewart died 1937
« Reply #2 on: Sunday 16 August 15 10:47 BST (UK) »
the link above is for England & Wales only, sorry.

Link for Scotland here

http://nationalrecordsofscotland.gov.uk/research/guides/wills-and-testaments
Census information Crown Copyright, from www.nationalarchives.gov.uk

Sherry-Paddington & Marylebone,
Longhurst-Ealing & Capel, Abinger, Ewhurst & Ockley,
Chandler-Chelsea

Offline dawnsh

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Re: Will for Annie Stewart died 1937
« Reply #3 on: Sunday 16 August 15 10:57 BST (UK) »
Hi Josephine

Was Hector born in Scotland?

If so his birth certificate should show his parents names and the date and place of their marriage
Census information Crown Copyright, from www.nationalarchives.gov.uk

Sherry-Paddington & Marylebone,
Longhurst-Ealing & Capel, Abinger, Ewhurst & Ockley,
Chandler-Chelsea


Offline ev

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Re: Will for Annie Stewart died 1937
« Reply #4 on: Sunday 16 August 15 11:44 BST (UK) »
Census information Crown copyright , All Census information from transcriptions - check original records , Familysearch/IGI is a finding tool only - check original records

Offline Forfarian

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Re: Will for Annie Stewart died 1937
« Reply #5 on: Sunday 16 August 15 12:16 BST (UK) »
Probate does not exist in Scots Law. The corresponding process in Scotland is called Confirmation. Some confirmations are also listed in the England and Wales Calendar of Probate if the deceased had property in England. In these cases the full process of probate is not invoked; the English and Welsh courts accept the Confirmation process in the Scottish Courts, and the Confirmation is 'Sealed' in England or Wales. So even though https://probatesearch.service.gov.uk/#wills is an England and Wales source, there is an outside chance of finding a Scottish Confirmation there.

As for http://nationalrecordsofscotland.gov.uk/research/guides/wills-and-testaments , wills and testaments in Scotland are indexed online to 1925 only.

After 1925, you can consult the Calendars of Confirmation, which are printed books listing all Confirmations on an annual basis. Confirmation of the will of someone who died in 1937 could take several years, so it is necessary to check several years after 1937.

These books are available in the National Records of Scotland and in other libraries and archives in Scotland. If you are anywhere near London, they will also be in the British Library, because under the Copyright Act of 1911, all publishers were obliged to present a copy of everything they published to the British Library and to other Copyright Libraries - see http://www.legaldeposit.org.uk/ so you should also be able to consult them in Oxford, Cambridge, Dublin and Aberystwyth.

The Calendar lists the name, date of death, date of Confirmation and amount of the estate, and the name of the person to whom Confirmation was granted. Armed with this information, you can go to the National Records of Scotland and see the actual documents, but you need to order them in advance of your visit, because they are not stored in the same building as the search room and they have to be located and brought in for you.


Never trust anything you find online (especially submitted trees and transcriptions on Ancestry, MyHeritage, FindMyPast and other commercial web sites) unless it's an image of an original document - and even then be wary because errors can and do occur.

Offline NZfitzy

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Re: Will for Annie Stewart died 1937
« Reply #6 on: Sunday 16 August 15 20:17 BST (UK) »
Thanks for all that information. I may need to investigate the National Archives on my next visit to Scotland.
I do have Hectors birth certificate Dawnsh but his parents Margaret Stewart and Gordon Hart were not married and he was Adopted privately  by Jean and Robert Fitzpatrick. I have found Gordon Hart who never married and died in Sudbury England in 1972 but do not know what happened to Margaret Stewart. It took 40 years just to narrow down the right Stewart family as there are so many in Glasgow. That happened with the 1911 census but where she went next is my problem. She was one of 10 siblings so I am checking out her siblings as well. Thanks once again for all  your help.