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Topic: Left out of the Will? (Read 1078 times)
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Sasha
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Posts: 534
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Fitty,
Even if they were ag labs it's still worth checking. I've got a copy of the will of my 3xGt-Grandfather who died in 1869 - in all the census returns he appeared in he's down as an ag lab. His will didn't give much detail - he left under £200 to be divided equally amongst his seven children, but it did give me the married names of two of his daughters.
Wish I'd discovered an inventory like Pam's though! You must be well pleased.
Sasha.
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Little Nell
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Posts: 5885
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Well, what about being included in it but being ticked off in the process? The following are quotes from late 18th century wills, a brother and sister (neither of whom were married) - and the spelling is as in the original will.
I Give to my niece ...my Gold Watch my Perl Neckless and two
Rings with red Stones I Give her in my Will Three hundred pounds after her mothers Death but if she marry James Bonnyface or any such as he is or if she keeps Company with him or any such as he is I Give it to my Nephew ... after his Mothers Death
but in case my said Nephew George E.. shall sign over or otherwise part with his right and interest of and in the said Annuity or Yearly Sum of forty pounds or any part thereof to any person or persons whatsoever for debt or otherwise then the same shall be forfeited and go to my Executor hereinafter named.
George obviously had a reputation! And either the niece died or she heeded her aunt's advice, because I can't find a marriage to this James.
I have found wills to be absolutely invaluable for proving some family links and working out others. All sorts of people left them, including some who were apparently very lowly. A 4x gt grandpa left a will specifically leaving his 1.5 acres (less than a football pitch) which he had been allotted by an Enclosure award. He was "just" a gardener. And in Scotland I have also found some treasures: another childless uncle to some degree appears to have owned all the property around a major cross-roads in Edinburgh. Like Pam, using the 1881 census plus the will and inventory I turned up an awful lot of his relatives living in the houses. Fascinating stuff!
Nell
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Aussie possum
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What a facinating will, Nell. It really gives an insight into the character of the person making it. Don't you just love the way she covered all her bases in the terminology "with him, or any such as he is"
There are also interesting conditions in another one I am looking at which dates back to 1730.
But whereas my father Thomas .... hath for about three years since, left the place of his nativity and is gone I know not whither, and whether dead or living I know not and whereas by an agreement made between us I was to pay to my said father four pounds per annum during his natural life, since which time that is about three years payment now due and in arrears if he happens to return home and in case my said father Thomas.... shall happen to be living and return home as aforesaid, Then I do hereby will order and appoint that my Executors in trust herein named do and shall out of the rents issues and profits of my said estates goods and chattels raise yearly and pay unto my said father Thomas.... the said yearly sum of four pounds per annum of lawful money of Great Britain yearly and every year for and during so many years as my said father shall happen to live together with the said arrears of the said payments
I have no clue as to why he went wandering off...maybe an early case of senile dementia in the family.
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Boongie Pam
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Posts: 2457
Lilian Palmer 1923 to 1987
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Sasha,
I have the exact same clause peppered through a will on my tree.
The wife wasn't allowed to even look at another man, never mind marry. The clause was that if the trustees thought she was acting in a manner "unbecoming" to his memory and their children they could cut her off without a penny.
I hope he left enough cash!
Pam
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All census look up transcriptions are Crown Copyright~~~~~~~~~~~ Dumfrieshire: Fallen, Fallon, Carruthers, Scott, Farish, Aitchison, Green, Ryecroft, Thomson, Stewart Midlothian: Linn/d, Aitken, Martin North Wales: Robins(on), Hughes, Parry, Jones Cumberland: Lowther, Young, Steward, Miller Somerset: Palmer, Cork, Greedy, Clothier http://fallon.rootschat.net
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Aussie possum
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Amazing how times and attitudes change, Sasha. In my father's will, made in 1970"s, he left half to children of his first marriage, and half to my mother. The solicitor thought he had been more than generous with the first family, and that he was entitled to leave them out completely!
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GreySquirrel
RootsChat Senior
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Posts: 289
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Just a few penniesworth from me on the general question raised at the start...
In England & Wales there is "freedom of testamentary disposition". This means that you can leave your estate to whosoever you wish, including of course non-family members, charities and pets -- provided you create a trust for them, you could leave a bequest to, say, your parrot. A Will can, of course, be contested but good cause would have to be shown to vary its terms. These days there is also an act called the Inheritance (Provision For Family & Dependents) Act which makes certain classes of claim more likely to succeed -- e.g. claims from cohabitants and financial dependents.
In Scotland there are some restrictions on testamentary freedom. Spouse and issue have legal rights and cannot be disinherited.
Either way, many family members are excluded from Wills, whether because they are already amply provided for, or are independently wealthy, or have fallen out / emigrated / lost touch etc. Like every source of information, Wills are useful but not definitive.
Personally, my sense is that Wills are an under-used resource. I also think it is a misconception that poorer classes of people never left Wills -- certainly from the late Victorian period to date, in my inglorious family many persons with little more than a bean to their name did actually write a Will (or perhaps had it written for them).
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madbadrob
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Squirrel,
I couldn't agree more with you regarding wills being an under used resource. The later wills are easier to read and smoetimes contain more information than the older wills but then as a few people have mentioned ( not pam cos I know zip about Scottish probate) invemtories come with wills. These usually were taken within the hour of the death so that the family couldn't hide anything. It was usually taken by two senior members of teh community ( parish clerks and the like) They would list every item that the deceased owned and in what room it could be found even down to the bed linen and the different livestock machinery stires of wheat etc.
Then for those who died intestate there is or should be an admon somewhere which basically tells you who if anyone made a claim for the estate of the deceased
Rob
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