Revisiting the Will of Thomas Jacka

52 Ancestors in 52 Weeks: Week 9 (February 26-March 4): Where There's a Will

Thomas Jacka was buried in 1796 in the St Erth Parish Churchyard.[i] The grave is listed as a Grade II Building in St Erth, Cornwall on the “Statutory List of Buildings of Special Architectural or Historic Interest” as the “Jacka tomb”.[ii]

The listing provided the following information:-

“Thomas Jacka, died 1796 aged 62; Elizabeth Jacka, died 1795 aged 63 and Joseph son of Will and Margaret, died 1799 aged 8 months.”[iii]

Unfortunately, I have not sighted this Jacka grave, but the name index entry card for Monumental inscriptions provides further detail which reveals that Thomas Jacka died on 14 April 1796 at the age of 69.[iv] 

Photo by Kira auf der Heide published August 25, 2017 on Unsplash Accessed March 2018

In my quest for further information years ago, I discovered what I thought was his Will in an entry in The National Archives of England for Thomas Jacka. I was elated ‏I had discovered what I thought was Thomas Jacka’s will. As part of the 52 Ancestor Challenge, I revisited my findings.

Background to the document

Thomas Jacka of St Erth’s will was executed before 1858 by the local ecclesiastical court. Once it was processed by the court a copy was sent to the “Inland Revenue where death duty was calculated. The Inland Revenue created registers to record all this incoming information from the courts.”[v]

The record found was an entry in the Death Duty Registers (not a will as I had previously assumed) it was created to enable the authorities to collect money from the estate once a person had died. Note that “Inheritance tax was first introduced in 1796 and by 1857 was applied to any estate with a value of over £20.”[vi]

Since writing this post I have now discovered where the “real and original will” is held and am in the process of applying for it from the Cornwall Record Office in England.[vii]  While waiting for the Will I have processed the Death Duty Register Entry for Thomas Jacka.

Death Duty Register for Thomas Jacka 1796.[viii] (Annotated Transcription)

Date of the Probate or Admin & Sum Sworn - 1796, May 4th, Under £300 [person who has died]
Name and description of Testator or Intestate - Thomas Jacka of St Erth, Yeoman
Names & places of Abode of the Exeors or Administrators – John, Joseph & James Jacka,

Residuary Legatees, sons of John Jacka, The remainder of his goods [Residuary legatee are those that receive the remainder of the estate once the claims of the other legatees have been satisfied].  Note the implication here is that his son John Jacka has already passed away]

Auxiliary Legatees - Abraham Jacka, son, One hundred Pounds [;] Elizabeth Jacka, Daughter, Fifty Pounds [;] Ann Jacka, Daughter, Fifty Pounds

All the children of Thomas Jacka (see list below) except the two eldest sons, Thomas and William, and a younger son John Jacka are included in the Will. Both sons had already married so perhaps their father had already given them their inheritance while he was still alive. It would appear that his son John Jacka has already passed away and consequently, his portion of the inheritance would pass onto his sons.

Thomas Jacka’s children were as follows:-

The two eldest children below were married before Thomas died  & not listed in the will

1.  Thomas JACKA

Baptised on 29 Dec 1760 in St. Buryan, Cornwall, England.[ix]

Married Anna MOYSES on 29 May 1790 by license, Wendron, Cornwall, England, United Kingdom.[x]

2.  William JACKA

Baptised on 2 Jan 1763 in Sithney, Cornwall, England[xi]

Married Margaret WOOD  on 2 Jan 1790 in Germoe, Cornwall, England.[xii]

Below are his remaining children who were not married before Thomas died

3.  John JACKA

Baptised on 7 Oct 1764 in Sithney, Cornwall, England.[xiii]

[Originally I thought that this John Jacka had married Mary LAMBRICK (a widow) on 17 Jun 1800 in Helston, Cornwall, England.[xiv]  However this looks unlikely for the following reasons:-

1. The John Jacka who married Mary Lambrick was from St Erth whereas this John is from Sithney.[3]
2. It is thought that he predeceased his father who mentions his grandsons (children of John) as residuary legatees in his will rather than his son [his son has either died (most likely) or has been disinherited (but then John's sons would have most likely been disinherited as well)]  

4.  Elizabeth JACKKA

Baptised on 30 Nov 1766 in Sithney, Cornwall, England[xv] 

Married William JELBART (1)  on 12 May 1800 in St. Erth, Cornwall, England, UK.[xvi]

5.  Abraham JACKA

Baptised on 4 May 1769 in Sithney, Cornwall, England[xvii] 

Married Ann MILLDRUM on 20 Nov 1796 in St Hilary, Cornwall, England.[xviii]

6.   Joseph JACKA 

      Baptised on 29 Sep 1771 in Sithney, Cornwall, England[xix] 

Joseph married Charity BERRYMAN on 7 Oct 1798 in St. Erth, Cornwall, England [XViii1a]

7.   James JACCKA  

      Baptised on 12 Oct 1774 in Sithney, Cornwall, England.[xx] 

     James married Eleanor HAMMILL on 16 Nov 1800 in St. Erth, Cornwall, England.[xxi])

8.  Ann JACKA

     Baptised on 26 Oct 1777 in Sithney, Cornwall, England.[xxii] 

Photo by Rendiansyah Nugroho, Books, published November 2, 2017 on Unsplash Accessed 5 March 2018 (image cropped)

Since conducting this research I have now located the wills of both Thomas Jacka [senior] and his son Thomas Jacka at the Cornwall Records Office and hope to apply for them soon.

• Will of Thomas Jacka of St Erth 1796 Ref No. AP/3/2020
• Will of Thomas Jacka Yoeman of St Sithney 1834 Ref No.AP/J/2427

Notes

[Further information:- Thomas Jacka was a yeoman - A 'yeoman' described as such in a nineteenth-century census or directory was someone who owned his own land. This could be a big or a small landowner, especially when the term is used in a directory, but the census might more usually describe a big landowner as a 'landed proprietor'. A yeoman might in other contexts be described as a 'gentleman' source:- Index of Old Occupations http://rmhh.co.uk/occup/x-z.html#Y)]

Post Updated 4 May 2018

Sources

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[i] FamilySearch, Burial entry for Thomas Jacka, buried 16 Apr 1796, St Erth Parish Church Register. Cornwall, England, "England, Cornwall Parish Registers, 1538-2010," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:QGL2-MC2C  : 2 February 2018), citing Burial, St Erth, Cornwall, England, United Kingdom, Cornwall Records Office, Truro.

[ii] Note – explanation about what a listed building is in the Uk. Stuff, G. (2018). About Listed Buildings. [online] Britishlistedbuildings.co.uk. Available at: https://www.britishlistedbuildings.co.uk/site/about-listed-buildings#.Wps2oehuaUk  [Accessed 4 Mar. 2018].

[iii] Stuff, G. (2018). Jacka Tomb at Approximately 12 Metres East of South Aisle of Church of St Erth, St Erth, Cornwall. [online] Britishlistedbuildings.co.uk. Available at: https://www.britishlistedbuildings.co.uk/101143616-jacka-tomb-at-approximately-12-metres-east-of-south-aisle-of-church-of-st-erth-st-erth#.Wpoc0OhuaUk  [Accessed 3 Mar. 2018].

[iv] Findmypast, Memorial Card transcription for Thomas Jacka died 14 April 1796 buried St Erth Parish Church, 'Cornwall Memorial Inscriptions' Reference 154, Cornwall Family History Society Accessed 4 March 2018

[v] The National Archives. (2018). Death duties 1796-1903 - The National Archives. [online] Available at: http://www.nationalarchives.gov.uk/help-with-your-research/research-guides/death-duties-1796-1903/ [Accessed 3 Mar. 2018].

[vi] Search.findmypast.com. (2018). Register today - Sign up | findmypast.com. [online] Available at: https://search.findmypast.com/record?id=bmd%2fd%2fdduty%2f3340174  [Accessed 3 Mar. 2018].

[vii] Will of Thomas Jacka of St Erth 1796 AP/J/2020, CRO

[viii] IR 26/339, EXETER: Cornwall Archdeaconry, Repository The National Archives, Kew, Richmond, Surrey, TW9 4DU [Note this is not the original will, but instead a copy made by the clerk (source:- Cornish Probate Records http://webs.lanset.com/azazella/probate_guide.html) presumably at the time the probate was processed]

[ix] FamilySearch, Baptism of Thomas Jacka, baptised 29 December 1860, St Buryan Church Parish Register, St Buryan Cornwall England. "England, Cornwall Parish Registers, 1538-2010," database with images, (https://familysearch.org/ark:/61903/3:1:S3HT-6QKS-Z99?cc=1769414&wc=3CB4-K6D%3A138123201%2C141035101%2C1582882809 : 14 April 2015), Cornwall Records Office, Truro St Buryan Baptisms, marriages, burials, 1718-1812 Page 34. [image 21 of 88;.]

[x] FamilySearch, Marriage of Thomas Jacka & Anna Moyses, married 29 May 1790, Wendon Church Parish Register, Wendon Cornwall England. "England, Cornwall Parish Registers, 1538-2010," database with images, (https://familysearch.org/ark:/61903/3:1:S3HT-XC79-KV4?cc=1769414&wc=3CBH-GPX%3A138123201%2C142405601%2C1582884005 : 14 April 2015), Cornwall Records Office, Truro Marriage banns, marriages, 1754-1812, Page 165. [image 83 of 144]

[xi] FamilySearch, Baptism of William Jacka, baptised 2 January 1763, Sithney Parish Church Register. "England, Cornwall Parish Registers, 1538-2010," database with images, (https://familysearch.org/ark:/61903/3:1:S3HT-65X9-XHK?cc=1769414&wc=3CBH-6T1%3A138123201%2C140750301%2C1582884019 : 14 April 2015) ), Cornwall Records Office, Truro, Sithney Cornwall England, Baptisms, marriages, burials, 1737-1812 page 30 [image 20 of 108]

[xii] FamilySearch, Marriage of William Jacka & Margaret Wood, married 12 May 1790, Germoe Church Parish Register, Germoe Cornwall England. "England, Cornwall Parish Registers, 1538-2010," database with images, (https://familysearch.org/ark:/61903/3:1:S3HT-6QZ7-T12?cc=1769414&wc=3CB4-FMD%3A138123201%2C138780501%2C1582884005 : 14 April 2015), Cornwall Records Office, Truro Germoe Marriage banns, marriages, 1754-1812, Page 35. [image 21 of 34]

[xiii] FamilySearch, Baptism of John Jackka, baptised 7 October 1764, Sithney Parish Church Register. "England, Cornwall Parish Registers, 1538-2010," database with images, (https://familysearch.org/ark:/61903/3:1:S3HT-65X9-8LM?cc=1769414&wc=3CBH-6T1%3A138123201%2C140750301%2C1582884019 : 14 April 2015) ), Cornwall Records Office, Truro, Sithney Cornwall England, Baptisms, marriages, burials, 1737-1812 page 30 [image 21 of 108]

[xiv] FamilySearch, Marriage of John Jacka & Mary Lambrick, married 17 June 1800, Helston Church Parish Register, Helston Cornwall England. "England, Cornwall Parish Registers, 1538-2010," database with images, (https://familysearch.org/ark:/61903/3:1:S3HY-6QVQ-QKP?cc=1769414&wc=3CBZ-DP8%3A138123201%2C138937101%2C138815001 : 14 April 2015), Cornwall Records Office, Truro Helston Marriages, 1754-1812, Page 206. [image 105 of 133]

[xv] FamilySearch, Baptism of Elizabeth Jackka, baptised 30 November 1766, Sithney Parish Church Register. "England, Cornwall Parish Registers, 1538-2010," database with images, (https://familysearch.org/ark:/61903/3:1:S3HT-65X9-7SJ?cc=1769414&wc=3CBH-6T1%3A138123201%2C140750301%2C1582884019 : 14 April 2015) ), Cornwall Records Office, Truro, Sithney Cornwall England, Baptisms, marriages, burials, 1737-1812 page 35 [image 22 of 108]

[xvi] FamilySearch, Marriage of William Jelbart & Elizabeth Jacka, married 21 May 1800, St Erth Church Parish Register, St Erth Cornwall England. "England, Cornwall Parish Registers, 1538-2010," database with images, (: 14 April 2015), Cornwall Records Office, Truro St Erth Marriages, 1782-1812, Page 38. [image 21 of 35]

[xvii] FamilySearch, Baptism of Abraham Jackka, baptised 4 May 1769, Sithney Parish Church Register. "England, Cornwall Parish Registers, 1538-2010," database with images, (https://familysearch.org/ark:/61903/3:1:S3HT-65X9-7SJ?cc=1769414&wc=3CBH-6T1%3A138123201%2C140750301%2C1582884019 : 14 April 2015) ), Cornwall Records Office, Truro, Sithney Cornwall England, Baptisms, marriages, burials, 1737-1812 page 38 [image 24 of 108]

[xviii] FamilySearch, Marriage of Abraham Jacka & Ann Milldrum, married 20 November 1796, St Hilary Church Parish Register, St Hilary Cornwall England. "England, Cornwall Parish Registers, 1538-2010," database with images, (https://familysearch.org/ark:/61903/1:1:QGLK-1KPC : 2 February 2018), Cornwall Records Office, Truro Marriage, St Hilary, Cornwall, England, United Kingdom, Page 167. [image 89 of 123]

[XViii1a] FamilySearch, Marriage of Joseph Jacka & Charity Berryman, married 07 Oct 1798, St Erth Church Parish Register, St Erth Cornwall England. "England, Cornwall Parish Registers, 1538-2010," database with images, (: 14 April 2015), Cornwall Records Office, Truro St Erth Marriages, 1782-1812, Page 34. [image 19 of 35]

[xix] FamilySearch, Baptism of Joseph Jackka, baptised 27 September 1771, Sithney Parish Church Register. "England, Cornwall Parish Registers, 1538-2010," database with images, (https://familysearch.org/ark:/61903/3:1:S3HT-65X9-C98?cc=1769414&wc=3CBH-6T1%3A138123201%2C140750301%2C1582884019 : 14 April 2015) ), Cornwall Records Office, Truro, Sithney Cornwall England, Baptisms, marriages, burials, 1737-1812 page 41 [image 25 of 108]

[xx] FamilySearch, Baptism of James Jackka, baptised 12 October 1774, Sithney Parish Church Register. "England, Cornwall Parish Registers, 1538-2010," database with images, (https://familysearch.org/ark:/61903/3:1:S3HT-65X9-XRS?cc=1769414&wc=3CBH-6T1%3A138123201%2C140750301%2C1582884019 : 14 April 2015) ), Cornwall Records Office, Truro, Sithney Cornwall England, Baptisms, marriages, burials, 1737-1812 page 45 [image 27 of 108]

[xxi] FamilySearch, Marriage of James Jacka & Eleanor Hammil, married 16 November 1800, St Erth Church Parish Register, St Erth Cornwall England. "England, Cornwall Parish Registers, 1538-2010," database with images, (: 14 April 2015), Cornwall Records Office, Truro St Erth Marriages, 1782-1812, Page 39. [image 21 of 35]

[xxii] FamilySearch, Baptism of Ann Jackka, baptised 26 October 1777, Sithney Parish Church Register. "England, Cornwall Parish Registers, 1538-2010," database with images, (https://familysearch.org/ark:/61903/3:1:S3HT-65X9-WPD?cc=1769414&wc=3CBH-6T1%3A138123201%2C140750301%2C1582884019 : 14 April 2015) ), Cornwall Records Office, Truro, Sithney Cornwall England, Baptisms, marriages, burials, 1737-1812 page 49 [image 29 of 108]