Useful texts relating to pre-1858 probate records

A number of books and articles have been written over the years for persons practising ecclesiastical law or seeking grants of probate or administration, and latterly for researchers searching for and using probate records processed in the ecclesiastical courts. In addition some texts directly relevant to the Durham diocesan probate records collection have been published, and these too are listed. A useful table of legislation and customs relating to probate and inheritance in England and Wales (until 1858) is also available, with links to published Acts and Ordinances, as well as links to the relevant passages in some of the sources listed below. In some cases the full text of these works are now made available online by Early English Books Online ^{[subscription only]}, Eighteenth Century Collections Online ^{[subscription only]} and Google Book Search (free), and these may be accessed from this page.

The Genealogical Society of Utah's library of microfilms of original records, including most of the Durham probate records, can be searched here: online index.

• General guides
• Legal textbooks etc
• Where to find probate records
• Lists and indexes
• Editions - Durham
• Editions - York

Where an online resource is available only by subscription this is indicated thus: ^{[subscription only]}.

General guides to probate and wills (modern)

ARKELL, T., EVANS, N., and GOOSE, N., eds. When death do us part: understanding and interpreting the probate records of early modern England, (Leopards Head Press, 2000).

DRURY, J.L. 'Inventories in the probate records of the diocese of Durham', Archaeologia Aeliana, 5th series, 28 (2000), pp177-191: online resource.

MUNBY, L.M., THOMPSON, K.M. et al. Short Guides to Records, First Series - Guides 1-24 (The Historical Association, London, 1994). [Of particular use are the articles on Probate Inventories and Wills.]

THOMPSON, K.M. Short Guides to Records, Second Series - Guides 25-48 (The Historical Association, London, 1997). [Of particular use is the article on Probate Accounts.]

OVERTON, M. A Bibliography of British Probate Inventories (University of Newcastle upon Tyne, 1983).

TARVER, A. Church Court Records. An introduction for family and local historians (Phillimore, Chichester, 1995).

WITHERS, C.B. Yorkshire Probate (Yorkshire Wolds, 2006).

[Readdie, J,A.] "Let's Talk of Wills ..." in the Journal of the Northumberland and Durham Family History Society, vol.19, no.2, (Summer 1994), 42-47, [surveys probate documents and procedures in general as well as providing useful information on Durham records, catalogues, transcripts and editions; also lists the extracts from Durham and Northumberland wills which are printed in Archaeologia Aeliana, 3rd series, vol. XII]

Anon, "York and Canterbury wills [particularly re estates of testators from Durham diocese and associated peculiars etc.]", Journal of the Northumberland and Durham Family History Society, 19, no.3 (Autumn 1994), 81-82

NATIONAL ARCHIVES (UK) Wills and Probate Records In-depth research guide (The National Archives, 2010: online resource).

Legal textbooks and other contemporary guides to pre-1858 probate records

BURN, R. Ecclesiastical Law (London, 1763-5: online resource).

COOTE, H.C. The Practice of the Ecclesiastical Courts, with Forms and Tables of Costs (Butterworth, London, 1847: online resource).

GODOLPHIN, John The Orphans Legacy: or, A Testamentary Abridgement (London: 1674 - online resource). ^{[subscription only]}

LAWTON, G. A Brief Treatise of Bona Notabilia (London: 1825 - online resource).

NELSON, W. Lex testamentaria: or, a compendious system of all the laws of England, as well before the statute of Henry VIII. as since, concerning last wills and testaments (London, 1714; 2nd edition, 1724: online resource).

SWINBURNE, H. A (briefe) treatise of testaments and last wills (London, 1590: online resource ^{[subscription only]}; Dublin, 1793: online resource).

Guides to locating probate records

GIBSON, J. and CHURCHILL, E. Probate Jurisdictions: where to look for wills (Federation of Family History Societies, Bury, 5th edition 2002).

BORTHWICK INSTITUTE A simple guide to finding probate records (Borthwick Institute, York: online .pdf resource).

BORTHWICK INSTITUTE Probate Courts: Probate records at the Borthwick (Borthwick Institute, York: online resource).

Anon, "Good will hunting A beginner's guide to tracing Northumberland and Durham wills", Journal of the Northumberland and Durham Family History Society, 23, no.3 (Autumn 1998), 94-95

Camp, A.J., Wills and their Whereabouts (4th ed., published by the author, 1974).

Gibson, J.S.W., Wills and Where to Find Them (Phillimore and the British Record Society,1974).

Lists, indexes and catalogues

PUBLIC RECORD OFFICE (UK), W. HARDY, Deputy Keeper Forty-Fourth Annual Report of the Deputy Keeper of the Public Records. [7 August 1883.] Appendix 2. Durham Records: Cursitor's Records: Inquisitions Post Mortem, &c. [1406-1649].

PUBLIC RECORD OFFICE (UK), W. HARDY, Deputy Keeper Forty-Fifth Annual Report of the Deputy Keeper of the Public Records. [7 August 1884.] Appendix 2. Durham Records: Cursitor's Records: Inquisitions Post Mortem, &c. (continued from the Forty-fourth Report, Appendix No. 2) [1318-1437].

TRENTHAM C.E.B. and LEIGHTON, R.H. Commonwealth Wills, 1649-1660. [An annotated typescript handlist of Durham and Northumberland wills proved in the Court of Civil Commission at London during the Commonwealth period. All these records were incorporated into the main Prerogative Court of Canterbury probate series and are now accessible at the National Archives and online at Documents Online. The annotated typescript is available in Palace Green Library Special Collections.]

WOOD, H.M. Index of Wills, etc., in the Probate Registry, Durham, and from other sources, 1540-1599 (Newcastle upon Tyne Records Series, VIII, 1928). [This is an index of (a) the probate records listed in the first volume of the index to the main Durham diocese probate series, (Ref: DPRI/7/1); (b) the first three parts of the published Surtees Society probate records series (see above); (c) extracts of wills held in the Durham Dean and Chapter Library compiled by the antiquarian Sir Cuthbert Sharp (1781-1849), (Ref: MSS 31-33); (d) Raine's Testamenta Dunelmensis, fourteen volumes of manuscript extracts from and transcripts of some Durham wills etc., compiled by Canon James Raine senior (1791-1858) and his son James Raine (1830-1896), (Northumberland Record Office, Ref: SANT/BEQ/24/2). This index includes references to some 1500 records that in 1928 were found no longer to survive: the completion of the NEI catalogue should clarify this point.]

COLLINS, F. ed. Index of wills in the York Registry, 1389 to 1514. (Yorkshire Archaeological and Topographical Association. Record Series, 6, 1889: online resource). With an index to unregistered Probate Acts and Administrations, taken from the earliest Act Book, 1502-1514.

COLLINS, F. ed. Index of wills in the York Registry, 1514 to 1553. (Yorkshire Archaeological and Topographical Association. Record Series, 11, 1891: online resource). With an index to the Administration Acts in the Act Books, 1514-1553, and of all unregistered Probate Acts, 1514-1521; and Harthill Deanery probate acts, 1503-1505 (addition to volume 6, appendix 1).

COLLINS, F. ed. Index of wills in the York Registry, 1554-1568. (Yorkshire Archaeological Society. Record Series, 14, 1893: online resource). With an index to the Administration Acts taken from the Act Books, 1553 to 1568.

COLLINS, F. ed. Index of wills in the York Registry, 1568 to 1585. (Yorkshire Archaeological Society. Record Series, 19, 1895: online resource). With an index to the Administration Acts taken from the Act Books, 1568-1585.

COLLINS, F. ed. Index of wills in the York Registry, 1585 to 1594. (Yorkshire Archaeological Society. Record Series, 22, 1897: online resource). With an index to the Administration Acts taken from the Act Books, 1585-1594.

COLLINS, F. ed. Index of wills in the York Registry, 1594 to 1602. (Yorkshire Archaeological Society. Record Series, 24, 1898: online resource). With an index to the Administration Acts taken from the Act Books, 1594-1602.

COLLINS, F. ed. Index of wills in the York Registry, 1603 to 1611. (Yorkshire Archaeological Society. Record Series, 26, 1899: online resource). With an index to the Administration Acts taken from the Act Books, 1603-1611.

COLLINS, F. ed. Index of wills in the York Registry, 1612 to 1619. (Yorkshire Archaeological Society. Record Series, 28, 1900: online resource). With an index to the Administration Acts taken from the Act Books, 1612-1619.

COLLINS, F. ed. Index of wills in the York Registry, 1620 to 1627. (Yorkshire Archaeological Society. Record Series, 32, 1902: online resource). With an index to the Administration Acts taken from the Act Books, 1620-1627.

COLLINS, F. ed. Index of wills in the York Registry, 1627 to 1636. Administrations, 1627-1652. (Yorkshire Archaeological Society. Record Series, 35, 1905: online resource).

COLLINS, F. ed. Index of wills in the York Registry, 1636 to 1652. (Yorkshire Archaeological Society. Record Series, 4, 1888: online resource).

SYKES, J. and F. COLLINS eds A Catalogue of the Inquisitions Post Mortem for the County of York, for the reigns of James I and Charles I, in the Courts of Chancery and of Wards and Liveries; and A Catalogue of the Yorkshire Wills at Somerset House, for the years 1649 to 1660. (Yorkshire Archaeological and Topographical Association. Record Series, 1, 1885).

COLLINS, F. ed. Index of wills, administrations and probate acts, in the York Registry, 1660 to 1665. And also of the unregistered wills and the probate acts, Aug. 1, 1633, to Jul. 31, 1634. And of the "Re infecta" wills, and the wills in bundles A and B. (Yorkshire Archaeological Society. Record Series, 49, 1913: online resource).

CROSSLEY, E.W. ed. Index of wills, administrations, and probate acts, in the York Registry, 1666 to 1672. And also of the wills, etc. in certain peculiars. (Yorkshire Archaeological Society. Record Series, 60, 1920).

CROSSLEY, E.W. ed. Index of wills, administrations, and probate acts, in the York Registry, 1673 to 1680. And also of the wills, etc. in the peculiar of Beeford. (Yorkshire Archaeological Society. Record Series, 68, 1926).

CROSSLEY, E.W. ed. Index of wills, administrations, and probate acts in the York Registry, 1681 to 1688; including the "vacancies", June to August 1683 and April 1686 to December 1688. (Yorkshire Archaeological Society. Record Series, 89, 1934).

CHARLESWORTH, J. and A.V. HUDSON eds. Index of the wills and administrations entered in the registers of the archbishops at York, being Consistory wills, &c., 1316 to 1822 known as the Archbishops' Wills. (Yorkshire Archaeological Society. Record Series, 93, 1937).

COLLINS, F. ed. Index of wills, etc., from the Dean and Chapter's Court at York. 1321 to 1636; with appendix of original wills. 1524 to 1724. (Yorkshire Archaeological Society. Record Series, 38, 1907).

CROSSLEY, E.W. ed. Index of the original documents of the Consistory Court of York, 1427 to 1658. And also of the probate & administration acts in the Court of the Dean of York, 1604 to 1722. (Yorkshire Archaeological Society. Record Series, 73, 1928).

Nicholson, G. and Readdie, J.A., Personal Names in Wills Proved at Durham 1787- 1791 A complete list of the wills proved at Durham in the years 1787, 1788, 1789, 1790 and 1791 and of all the personal names mentioned in them. Indexed (Northumberland and Durham Family History Society, 1994)

Readdie, J.A., Thirkell, P.R.G., and Nicholson, G., Personal Names in Wills Proved at Durham 1792-1794 A complete list of the wills proved at Durham in the years 1792, 1793 and 1794 and of all the personal names mentioned in them. Indexed (Northumberland and Durham Family History Society, 1996)

Thirkell, P.R.G., Personal Names in Wills Proved at Durham 1795-1797 A complete list of the wills proved at Durham in the years 1795, 1796 and 1797 and of all the personal names mentioned in them. Indexed (Northumberland and Durham Family History Society, 1996)

Thirkell, P.R.G., Personal Names in Wills Proved at Durham 1798-1800 A complete list of the wills proved at Durham in the years 1798, 1799 and 1800 and of all the personal names mentioned in them. Indexed (Northumberland and Durham Family History Society, 1996)

Thirkell, P.R.G., Personal Names in Wills Proved at Durham 1801-1803 A complete list of the wills proved at Durham in the years 1801, 1802 and 1803 and of all the personal names mentioned in them. Indexed (Northumberland and Durham Family History Society, 1998)

Index of Wills, etc., in the Probate Registry, Durham and from other sources 1540-1599, ed. by H.M. Wood, Newcastle upon Tyne Records Series, 8 (1928)

Northumberland Record Office, "Wills in Allendale MSS at Northumberland Record Office [list of testators, chiefly from Hexham and Hexhamshire]", Journal of the Northumberland and Durham Family History Society, 19, no.3 (Autumn 1994), 81-82

Published editions of wills and inventories etc (Durham probate records)

HARRISON, J.V. 'Kirkhaugh Wills', Archaeologia Aeliana, 4th series, 40 (1962), 253-276; 41 (1963), 173-193; and 43 (1965), 275-304. [This paper chiefly deals with the period 1663-1818.]

RAINE, J. ed. Durham Probate Records Wills and Inventories illustrative of the History, Manners, Language, Statistics, etc. of the Northern Counties of England from the Eleventh Century Downwards, Part I, (Surtees Society, 2, 1835, reprinted 1967: online resource; index); [transcripts of a selection of wills and inventories 1095 to 1580/1, with index of testators covered by Part I. Many of the medieval wills are transcribed from the surviving episcopal registers].

GREENWELL, W. ed. Wills and Inventories from the Registry at Durham, Part II, (Surtees Society, 38, 1860, reprinted 1967); online resource; indexes; [continuation from Part I for the period 1580-1599, plus a few earlier wills, with an index of testators covered by Part II and with indexes of all names and places covered by both Part I and Part II].

HODGSON, J.C. ed. Wills and Inventories from the Registry at Durham, Part III, (Surtees Society, 112. 1906, reprinted 1967); online resource; index; [continuation from and complementary to Part II, for the period 1543-1602, with indexes of testators and of all names and places covered by Part III].

WOOD, H.M. ed. Wills and Inventories from the Registry at Durham, Part IV, (Surtees Society, 142, 1929, reprinted 1968); [continuation from Part III, for the period 1603-1649, with indexes of testators and of all names and places covered by Part IV].

ATKINSON, J.A., FLYNN, B. and others, eds. Darlington Wills and Inventories 1600-1625, (Surtees Society, 201, 1993); [with index of places and names].

BRIGGS, Joan and others, eds, Sunderland wills and inventories, 1601-1650 (Surtees Society, number 214, 2010)

EDWARDS, Dorothy and NEWMAN, Christine, eds, Northallerton wills and inventories, 1666-1719 (Surtees Society, number 220, 2016)

Published editions of (and extracts from) wills and inventories etc (York probate records, including some County Durham and Northumberland wills)

RAINE, J. 'Testamentary Curiosities. Nuncupative Wills', Archaeologia Aeliana, 2nd series, 2 (1858), pp191-202: online resource.

RAINE, J. ed. Testamenta Eboracensia or Wills registered at York illustrative of the history, manners, language, statistics, &c., of the Province of York, from the year MCCC. downwards. Part I, [1316-1430] (Surtees Society, 4, 1836); online resource.

RAINE, J. ed. Testamenta Eboracensia. A selection of Wills from the Registry at York. Part II, [1429-1467] (Surtees Society, 30, 1855); online resource.

RAINE, J. ed. Testamenta Eboracensia. A selection of Wills from the Registry at York. Part III, [1395-1486] (Surtees Society, 45, 1865); online resource.

RAINE, J. ed. Testamenta Eboracensia. A selection of Wills from the Registry at York. Part IV, [1420-1509] (Surtees Society, 53, 1868); online resource.

RAINE, J. ed. Testamenta Eboracensia. A selection of Wills from the Registry at York. Part V, [1509-1531] (Surtees Society, 79, 1884); online resource.

CLAY, J.W. ed. Testamenta Eboracensia. A selection of Wills from the Registry at York. Part VI, [1512-1551] (Surtees Society, 106, 1902); online resource.

CLAY, J.W. ed. North country wills, being abstracts of wills relating to the counties of York, Nottingham, Northumberland, Cumberland, and Westmorland at Somerset House and Lambeth Palace, 1383-1558. Volume I, (Surtees Society, 116, 1908); online resource.

CLAY, J.W. ed. North country wills, being abstracts of wills relating to the counties of York, Nottingham, Northumberland, Cumberland, and Westmorland at Somerset House and Lambeth Palace, 1558-1604. Volume II, (Surtees Society, 121, 1912).

CLAY, John William ed. Abstracts of Yorkshire wills in the time of the Commonwealth, at Somerset House, London, chiefly illustrative of Sir William Dugdale's visitation of Yorkshire in 1665-6. (Yorkshire Archaeological and Topographical Association. Record Series, 9, 1890).

COLLINS, F. ed. Selby wills, 1634-1710. (Yorkshire Archaeological Society. Record Series, 47, 1912).

THWAITE, H. ed. Abstracts of Abbotside wills, 1552-1688. (Yorkshire Archaeological Society. Record Series, 130, 1968).

BERRY, E.K. ed. Swaledale wills and inventories 1522-1600. (Yorkshire Archaeological Society. Record Series, 152, 1998).

BREARS, Peter C.D. ed. Yorkshire probate inventories, 1542-1689. (Yorkshire Archaeological Society. Record Series, 134, 1972).