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Scotland (Counties as in 1851-1901) => Scotland => Topic started by: gill on Friday 15 September 17 19:26 BST (UK)
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I have downloaded my 7 x great grandfathers last will and testament from Scotland People.
He died 1803, in Leith, Midlothian.
His last will and testament (TT at Edinburgh Commissary Court 1805) makes reference to a previous last will and testament lodged on 16 April 1787 at Prerogative Court of Canterbury.
Why would his will be lodged there? Was it customary for mariners to have their wills lodged there?
Is there any way that I could locate the original will of 1787, to see what the content of that will was?
I have tried searching the National Archives around that date (1787), but when I purchased it, it was the later will of 1805.
Any advise how to follow this up would be greatly appreciated.
Thanks in advance
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https://www.londonlives.org/static/AHDSPCC.jsp
I can't answer your query however will be interested in your answers.
I too have a great aunt whose 1st husband was Scottish who lived/died in Scotland and his Will registered in England and not Scotland
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Nowadays, if someone domiciled in Scotland, say has property in Scotland and in England or Wales, it is usual for Confirmation of the Estate to be applied for in the appropriate Sheriff Court in Scotland and issued from there and then that Confirmation has then to be "registered" down south to enable the property there to be released/transferred. It may be that something the same happened even 200 years ago.
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I can confirm that the situation in Northern Ireland is the same. If the deceased has property or assets in different parts of the UK, the probate file is opened in one jurisdiction and then "re-sealed" and sent to the other(s) for appropriate action there. So the probate files held in Northern Ireland are often cross referenced like this to a file in another part of the UK.
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I don't understand why someone who died in 1803 could have had a will recorded in 1787. Is it possible that it is the same will, dated in 1787 before he died, and confirmed in 1803 after he died? Then if the English probate lists the date of the will and the Scottish confirmation record lists the date of confirmation, you would get two apparently conflicting dates.
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Being 'lodged' presumably doesn't necessarily mean probated.
There's a set of records called something like Royal Navy Wills 1786-1832 at TNA which might be something to do with this.
A quick Google should get you the research guide.
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His last will and testament (TT at Edinburgh Commissary Court 1805) makes reference to a previous last will and testament lodged on 16 April 1787 at Prerogative Court of Canterbury.
Are you sure it doesn't say something like ".... dated 16 April 1787 and lodged at ...."
Why would his will be lodged there? Was it customary for mariners to have their wills lodged there?
It would be customary for it to be lodged there after it had been granted confirmation in Scotland if he owned property in England and Wales.
I have tried searching the National Archives around that date (1787), but when I purchased it, it was the later will of 1805.
A 'Last will and testament' cannot be processed by the legal system until after the death of the testator, so if he died in 1803 his will cannot possibly have gone through the courts in 1787. In any case every new will cancels all previous ones.
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Wills (like some other legal documents) are registered before death for security reasons although pretty rare now but I would have thought that in the 18th century it may have been more common?
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His last will and testament (TT at Edinburgh Commissary Court 1805) makes reference to a previous last will and testament lodged on 16 April 1787 at Prerogative Court of Canterbury.
Are you sure it doesn't say something like ".... dated 16 April 1787 and lodged at ...."
Why would his will be lodged there? Was it customary for mariners to have their wills lodged there?
It would be customary for it to be lodged there after it had been granted confirmation in Scotland if he owned property in England and Wales.
I have tried searching the National Archives around that date (1787), but when I purchased it, it was the later will of 1805.
A 'Last will and testament' cannot be processed by the legal system until after the death of the testator, so if he died in 1803 his will cannot possibly have gone through the courts in 1787. In any case every new will cancels all previous ones.
Yes, the original will was written and dated 16th April 1787.
I have since discovered that the 1787 will was written “down south”, because his naval career was based there, and he had property there also.
The reason I asked if it was possible to view the contents of the 1787 will, was because the 1803 makes reference to people who were named in the previous will.
I was attempting to confirm more information on those people.
I know that the previous will cancels the new one, and now know it’s not possible to view contents of previous will.
Thanks