1848 Dunse sheriff court will...confused?

[worth]

Hi all
Question 1: I have a relative called William Hately who was an overseer/steward at Dunse castle in the early part of the 1800s up until his death in 1822 in Dunse. (All his children where born there as well). What I don't under stand is that his sheriff court will states he died 14 March 1822 in Dunse but it wasn't actually given in until 1848, by his daughter in law, 25 years later, has anyone else come across this and why would it happen. Question 2: Does anyone under stand what the attached part of the will means please. It mentions a Peter Hately in Sprouston, do you think this could be a possible brother of William Hately. Any problems seeing the attached please let me know as I haven't done this before xx

[terianne]

unusual - was the Will contested in the family at probate?

Also William Hay was probably be William Hately's employer if he worked at Duns Castle - it could be a pension due to William being transferred to his heir - Peter Hately in this case.

[DonM]

You only have 1 part of a 2 part puzzle.  I bet if you download Robert's Testament he has 300 in cash or combination of cash/liquid assets.  Look at his date of death and death of his Testament. 

Download Elizabeth's Testament and do same she should have the Note recorded as well.  If it is there then the Note didn't mature until her death at which point the cash from Robert was used to clear the Note with Hay.  This could have been a stipulation with Wm Hay when he granted this loan.

The Note if it survived, will be in Hay's Estate papers and the discharge in his pocketbook (accounts).

Hope this solves your riddle.

Don
 

[worth]

Hi
It is indeed mentioned in Elizabeth Hatelys Testament, I have never noticed this before so thanks loads for that. Is this unusual or have you come across it before? When you say 'Robert' in your last post did you mean William? There is no Testament for William Hately, just a Duns Sheriff court inventory, where I got the info from, and a Duns sheriff court will, nothing else on SP that I can see. I have attached the part from Elizabeths testament hope it shows up x
Dawn

[DonM]

Its just an accounting thing.

HATELY ROBERT 23/10/1847 STEWARD AT DUNSE CASTLE. D.09/01/1842 TESTAMENT DATIVE DUNS SHERIFF COURT WILLS SC60/44/3

HATELY WILLIAM 08/06/1848 STEWARD OR OVERSEER AT DUNSE CASTLE. D.14/03/1822 TESTAMENT DATIVE DUNS SHERIFF COURT WILLS SC60/44/3

William & Robert were Stewards at Dunse at the same time...interesting.

Don

[worth]

Hi DomM
Thanks for the info. Robert Hately was William and Elizabeths son, all their children where born at Dunse castle and I belive the 'Hay' family still own and live there. Who do you think the Peter Hately could have been that's mentioned in my first post about William? Also as the note is dated 1814 do you think this is probably when William Hately started him employment at Dunse castle.
Thanks for all your help xx

[DonM]

I suspect Peter is John's son.  If you find out where John served or based out of during his career you might find Peter. 

I have no idea what initiated the note, you would need to search Hay's records although I suspect if found, it will be a simple entry with no explanation.

A quick search National Archives has this entry not sure if it will be same as available on SP or not.

Reference:
PROB 11/2042/89 

Description:
Will of John Hately, Surgeon Royal Navy of Duns , Berwickshire 

Date:
04 September 1846 

Held by:
The National Archives, Kew 

Don

[worth]

Thanks DomM
I downloaded Johns will from the National archives but it mentions no children, just his wife Margaret Smith or Hately. John didn't marry Margaret until 1844 and he died in 1846, he was 53 by then and she was 49. So unless John was married twice its unlikely Peter Hately who is mentioned in my first post would be his I will have to look into this further John was also a son of William Hately  and Elizabeth Thompson x Thanks for all your other help xx
Dawn