It is exceptionally fortunate that there are so many probate documents available for Ewyas Lacy Hundred; over 1,000 from the National Library of Wales alone, and there are more at the Record Office at Kew. There is an unusual history to the presence of the wills, and their attendant documents at the NLW. Because of its previous links with Wales, Ewyas Lacy Hundred for centuries this part of Herefordshire, along the Welsh border, was dealt with by the Diocese of St Davids, along with the rest of Wales, and all ecclesiastical business was dealt with by the diocese, and the Archdeaconry of Brecon in particular until the mid 19th century. The only exception to this was if there was a dispute over the will, or the testator owned land in more than one diocese, or county, or had died abroad, or at sea, when the documents would go to the Prerogative Court of Canterbury in London.

The wills span almost two centuries, from 1660- 1854, but for about twenty years before this, the abolition of the Church Courts by the Commonwealth government caused all probate to be carried out in London, and there are others for the first half of the 17th century, and the latter 16th century, which are also at Kew.
Wills could be made by females over twelve, and males over fourteen.  Yeomen, who seem to predominate among the testators, were generally substantial people, of some social standing, sometimes not very far removed from the minor gentry. They were usually freeholders who owned their land, or with ancient copyholds listed in the manorial court rolls.

Relatively few wills were made by women, especially wives; roughly only twenty percent. Wives seldom owned anything of their own as on marriage everything was considered to be owned by the husband. One exception was on a second marriage, if an agreement had been made that she retained everything from the first marriage. [see BR/1810/13 Elizabeth Prosser] This would have the merit of protecting the interests of the children of the first marriage. Wives, though, held more power than is immediately evident, as they were usually made an executrix.

Wills are silent on many points, therefore they cannot be an accurate guide to a person's true wealth. Property was not always included, as inheritance was governed by common law or custom, and the offspring of the marriage may already have been provided for in marriage settlements. Women seldom signed their wills, but this should not be taken as a sign of illiteracy. The testator may have been too ill, or too old to sign. If the testator did sign it does not follow that he, or she, could read.

Unlike today, no inheritance tax was payable on property at death, but it probably cost at least £3 to make a will, therefore there are few probate documents for the poor.

Inventories were required by law from 1529 in order to prevent fraud. Within a few days of the death of the testator, two or more neighbours would inventory the contents of the house, the outbuildings, and even the fields. All movable items had to be listed, from the clothes of the dead person, their furniture, sheep and cattle, grain in the barn, cheeses and hams, to manure heaps and firewood. Most 17th century probate documents have inventories attached, and in the 18th century they seem to assume even greater importance, as not one but two copies were made.  Few inventories were made in the 19th century. There are a higher proportion of inventories surviving for Ewyas Lacy than in some places [at Uffculme, in Devon, for instance about half the wills were without inventories and there were none after 1754]. "Specialities" or "Specialties" are items often mentioned in inventories. These were debts that were legally protected, unlike "desperate" debts.

Various administrative documents will be found in addition to the will and inventory, such as Bonds and Grants. The Bond was the agreement entered into by the executor, promising to produce an inventory of the dead person's goods. The Grant of Administration gave relations or close friends of the deceased the power to administer the estate if there was no executor named, or if they were minors, or had died during probate. These, however, are rare.

R. P. Flower-Smith

Judith Jones [ed]  Monmouthshire Wills, 1560-1601     [South Wales Record Society, 1997]

Peter Wyatt and Robin Stanes [eds]  Uffculme: A Peculiar Parish   [Uffculme Archive Group, 1997]

Glossary:

Chattels: Any kind of movable property

Chattel lease: The remaining part of a lease held by the deceased.

Coverlid: Bedcover

Cordwainer: shoemaker

Copyhold: A type of tenure for which the tenant had to produce, when required a copy of the court rolls.

Corvisor:  shoemaker

Fuller: One who deals with part of the process of making cloth by shrinking and milling it to make it thicker and stronger.

Gavelkind: Welsh system of inheritance whereby all the children inherit an equal share.

Gobard: Probably a cupboard.

Holograph will:  Will in the testators own hand

Hurden: a coarse fabric, often used in sheets.

Holland:  Fine linen, used for sheets, shirts and table napkins

Leasows: Open land which could be used either for grass or arable crops.

Moiety:  Half

Muncorn: A mixture of wheat and rye.

Nuncupative:  A oral will made before witnesses

Pillow bere or beer:  A pillow case

Posnet: A metal pot for boiling.

Wain:  Large, wheeled farm wagon

Yeoman:  Usually a freeholder, he had a higher status than a husbandman