RootsChat.Com
Scotland (Counties as in 1851-1901) => Scotland => Midlothian => Topic started by: Chris Nilsen on Saturday 18 January 25 05:26 GMT (UK)
-
I am having real trouble finding a death/burial for Jean Tod nee Steel, and I'm hoping someone can help by giving some advise.
Here's what I know:
Jean Steel, baptised 26-1-1780 at St. Cuthberts, Edinburgh, daughter of James Steel & Mary Gray.
Married John Tod, 4-4-1810 at Canongate, Edingurgh.
(John died 24-1-1821 and left everything in trust for his spouse, mentioned as Jean Steel)
Appears in 1841 living with her 30 year old daughter at Waouston Court, Edinburgh.
(Most likely Warriston's Close where they were living in 1821 when John died.)
Cannot find anything of her after 1841.
Here's what I can RULE OUT:
TOD, JANET
GRAY / JOHN GRAY
04/10/1842 (685 / 2) (510 / 123) St Cuthbert's.
(This Janet Todd married John Gray on 14-11-1812 at St. Cuths. Janet's father was Daniel.)
There are two other possibilities neither of which I can prove or disprove:
TOD, JANET Aged 68 (should be 78 so possibly not correct).
Mother's maiden name: GRAY
1858 (347 / 15)
Dunbarney
Burial:
Calton Burial Ground in 'R.A. & P Tod's tomb'.
Spouse of G Greig esq.
Jane Tod
Died 12-11-1858 at Innellan. No age recorded.
From Edin & Glasgow.
Any help would be greatly in proving/disproving any of the possibilities, or any advise or help given would be greatly appreciated also.
Thanks,
Chris
Adelaide, Australia.
-
Hi Chris have not found the death for Jean Tod so far found them on the census record on freecen and the address is Wariston Close .Getting the original copy on Scotlands people will have the correct address .
The death record you mentioned for Janet Tod Scotlands People
Janet Tod age 68 mothers maiden name Gray death 1858 Dunbarbney ref 314/15
Janet Campbell 68 mothers maiden name Gray death 1858 Dunbarney ref 314/15
This is just from the index not the certificate but no mention of the name Steel
The other name you mentioned burial Jane Tod 1858 Innellan
I would say this is the death index record S P
Jane Elizabeth Tod age 43 no mothers name mentioned death Dunoon and Kilmunref 510/84
Jane Elizabeth Greig age 43 ************** death Dunoon and Kilmun ref 510/84
Rosie
-
Did the daughter Mary Tod marry Peter Burns 20/4/1843 Edinburgh Parish father John Tod
Death for Mary Tod other name Burns mothers maiden name Steel 1878 Leith South ref 692/2/492
Is this her ?
There is a burial record for this Mary Tod 3 July 1878 Calton Cemetery Edinburgh
Mary Tod relict of Peter Burns Butcher from 4,Royal Park Terrace is buried in lair of Mr John Tod's lot
? G ..
If this is the daughter you would think there would be a record of her mothers burial
Rosie
-
Hi Rosie,
Thank you so much for looking into this for me and supplying the information.
I guess that means I can rule out the other two possibles, which is at least something.
Yes Mary Burns nee Tod is her daughter.
She is the Mary living with Jean/Jane in 1841, and marrying Peter Burns in 1843.
My assumption is that Jane/Jean never remarried, and being still a widow in 1841 and aged 60 this is very likely.
Her husband John's will provided a sizeable trust for her to live on, under the proviso that she not remarry.
I know John Tod was buried in Calton Burying Ground on 28th Jan 1821.
And as you discovered Mary was also laid there in 1878.
I would guess that Jean/Jane died between 1841 and 1843, or certainly prior to 1851 (cannot find her in the census).
I'm assuming Mary stayed unmarried to care for her ageing mother, but was then free to marry in 1843 as her mother had passed away maybe???
But this is just a guess.
You would assume Jean/Jane to be in the same grave as her husband John.
Do you know if burial records for Calton post 1841 are available for searching?
What's your thoughts?
Chris.
-
Do you have access to Ancestry the records of Calton burial ground start from 1841
I have looked through a few pages but had to go out will check a few more
I don't know if you have checked out this probate record confirmation date 22 April 1884
For Peter Burns who died April 1852 mentions his late wife Mary Tod and her brother
James Tod
You can view the will on Scotlandspeople ref number SC70/4/204/
Peter Burns 29/12/1883
Peter Burns flesher died Apr 1852
Rosie
-
Hi Rosie,
Thanks for your help with this.
I found the Calton burials on Ancestry.
The first ones in that register are December 1841, so if she died after the census date and before December 1841 we need to find earlier registers.
The Calton burials seem to be fully indexed on Ancestry, and there's certainly Jane/Jean Steel in there, so that's a bit frustrating. Unless it's been very badly transcribed.
In regards to Peter Burns probate:
I don't understand why there's a probate in 1884 when he died in 1852.
Even Mary his wife died in 1878 so why a probate in 1884?
I can access the will on familysearch so maybe it's worth a look. I'd be surprised if it mentions Jane Steel though.
Any ideas what to do next?
Chris.
-
Maybe try looking for a death notice in the papers I don't have a subscription to Newspapers but I have done a search but nothing so far .
You could try sending an email to breavement@edinburgh.gov.uk and inquire about Old Calton Burial Ground
I'm not to sure about the probate just thought I would mention it and as you said won't probably mention Jean Steel
And if you were aware of another child James Tod died 1896 St Andrews Edinburgh
Probate additional inventory of Peter Burns flesher died April 1852 Testate Edinburgh given up by James Tod brother of the late Mary Tod or Burns wife and beneficiary of deceased
Will or deed dated 15 October 1846 and recorded in court books of commissariot Edinburgh
Dated 29/12/1883
Original inventory recorded 29/12/1883
Value of additional estate £1.143.15s.10p
Rosie
-
Just for future reference and the avoidance of doubt and possible confusion.
There is no such thing as probate in Scots Law.
The corresponding process in Scotland is termed confirmation.
The will of someone who dies domiciled in Scotland is confirmed in a Scottish court of law, and if the person owns property in England, Wales or Ireland that confirmation is then sealed in a court in that jurisdiction.
Similarly if someone dies domicilied in England, Wales or Ireland, the will is proved in a court in that jusrisdiction, and if the person owns property in Scotland that probate is then sealed in a Scottish court.
If the person does not own property outside Scotland, the will is confirmed in Scotland, but it does not need to be sealed in England, Wales or Ireland, and therefore it will not be included in what is misleadingly termed 'UK probate' on various web sites such as Ancestry or FindMyPast.
-
Hi Rosie,
I discovered that in most cases wives are buried under their maiden name, which is quite unusual I thought.
Armed with that, I found another possible burial that could be my ancestor.
Buried 30th Oct 1857, Calton Burying Ground.
Janet Steele, from the House of Refuge is buried in the New Ground at West End Jamies border. Aged 79.
I think this is the corresponding death record:
STEEL, JANET
79
1857
685 / 5 / 442
Holyrood and Canongate
And in the 1851 census:
Name Janet Steel
Age 72
Estimated Birth Year abt 1779
Where born Wick, Caithness
Parish Number 685/3
Civil parish Edinburgh Canongate
County Midlothian
ED Queensberry House of Refuge
Page 20
Household schedule number 1
Line 5
Roll CSSCT1851_185
Household Members:
Janet Steel 72
James Skinner 53 Pauper
Ann Arnoth 54 Pauper
Any idea how I can more information about this?
Are there House of Refuge records available anywhere?
Thanks again.
Chris.
-
Hi Chris
I don't think this Janet Steel/Steele is your relation
S P index just has Janet Steel no other name
I would be surprised if your Janet was in house of refuge when her daughter was still living
You would assume she would have been in the burial ground belonging to her husband ???
Rosie
-
I discovered that in most cases wives are buried under their maiden name, which is quite unusual I thought.
Not at all; it's the normal practice in Scotland because in Scotland a woman does not lose her maiden surname on marriage.
Buried 30th Oct 1857, Calton Burying Ground.
Janet Steele, from the House of Refuge is buried in the New Ground at West End Jamies border. Aged 79.
I think this is the corresponding death record:
STEEL, JANET
79
1857
685 / 5 / 442
Holyrood and Canongate
You need to have a look at that death certificate. As it's between 1856 and 1860, it will unfortunately not tell you the name of her spouse, but it might contain other useful information.
Are there House of Refuge records available anywhere?
Ask the City of Edinburgh Archives https://www.edinburgh.gov.uk/managing-information/edinburgh-city-archives-1
-
Not at all; it's the normal practice in Scotland because in Scotland a woman does not lose her maiden surname on marriage.
That's very interesting.
Under what circumstances does a married woman carry her husbands name in Scotland?
I think I have found in census entries the wife always has her husbands surname.
Are there other times traditionally?
Thanks.
Chris.
-
It's a convention that most women are listed in most censuses by their husband's surname, though expecially in the earlier censuses it's not unusual to see a wife listed under her maiden surname, and quite common for a widow to be listed by her maiden surname.
In a legal document, to this day, a married woman is usually named as xxx yyy or zzz, where xxx is her given name(s), yyy is her maiden surname and zzz is her husband's surname.
This is why you mostly get the mother's maiden surname in a baptism record. Here's an 18th-century example: 1748, September 11th. William lawful son to Alexander Leslie of Balnageith in Burncrooks and Mrs Anne Duff his spouse was baptized. Witness Mr James Gray minister. [Rothes Parish Register]
Then the same lady witnesses a baptism: 1753, March 23rd. Anne lawful daughter to Joseph Leslie in Braehill was baptised. Witnesses Mrs Anne Duff in Burncrooks, Anne Fraser on the Burnside, Anne Davidson in the New Land of Blackhall, George Dean in Braehill, William Brember in Braehead. [Rothes Parish Register]
I also have examples of a widow remarrying under her maiden surname, with no mention of her late husband's name. Here's one: Margaret Sang died in 1872 and her death certificate names two husbands, Andrew Watt and James Hay. The second marriage is recorded in three different kirk registers: 1834, 26th June. James Hay merchant in Arbroath and Margaret Sang, widow, residing in Timber Market in this parish were contracted in order to marriage and having been regularly proclaimed were married the 30th June. [Brechin Parish Register]
1834. Contracted May 27, James Hay merchant in Arbroath and Margaret Sang in Brechin. Married June 30. [Arbroath Parish Register]
Brechin 30th June 1834. Married James Hay Merchant Arbroath to Margaret Sang (late Mrs Watt) of Brechin. [Brechin Relief Kirk register]
Because she does not lose her maiden surname, you not only get both (or indeed all) her surnames in legal documents, you also get her full name, including maiden surname, in her own post-1855 death certificate and in her children's post-1855 marriage and death certificates. It's also not unusual for both (or all) her surnames to be recorded in her burial record. And if a widow or divorcée remarries, then the post-1855 marriage certificate should include all her previous surnames including her maiden surname and the surname(s) of her ex-husband(s) and late husband(s). You should also get her full name including her maiden surname in her husbands' 1855 and post-1861 death certificates.