Assistance please with Will of Joseph Gaunt 1749

[Wiggy]

Thanks Crowsfeet.

All contributions very gratefully received . . . . but please would you explain copy hold.     

What you are saying certainly could explain why the difference in the way various farms were left.

Some seem to be left in some way to people who are possibly sitting tenants, others directly to family, and one at least, to a son in tenancy with the consent of the landlord.

So much easier to have only one house to leave!   

Wiggy.

[crowsfeet]

Quite a complex subject.

A general idea was that the copyhold land was owned by the lord of the manor. So a form of feudal tenure with an agreed term of leasehold, e.g. for say 99 years, or for three generations of the family.

My very general understanding of this land stuff is through Mr Google so not a great level of learning for me.

The copyhold tenure was phased out by legislation as late as I think 1926 - can't  remember - exactly when the legislation was enacted.

Regards Crowsfeet

[Wiggy]

    Thank you very much - that could explain things! e.g.  Why he can leave some land but not other.

 - I might have to PM Stanmapstone to take a look at this thread . . . . - he seems to have historical legal stuff down pat.   

[crowsfeet]

Thanks Wiggy

I'll be interested in what Stanmapstone has to say as well.

Regards Crowsfeet

[stanmapstone]

Under the Tudors the term Yeoman was widened to include the prosperous working farmers below the rank of gentry, they increasingly held their land by a variety of tenures; freehold, copyhold, and leasehold.
Freehold tenure was not subject to the customs of the manor or the will of the lord, and which could be disposed of without restriction.
 Copyhold was originally a tenure dependant on custom, and the Lord of the Manor's will, carrying obligations to perform certain services for the Lord. These services were commuted to money payments after the Black Death in the 14th century. The tenant was protected by title written into the manor court rolls, of which he was provided with a copy, hence the name of the tenure. When transferring the property the tenant first surrendered it to the lord, who held fee-simple, and then the new tenant was admitted on payment of a fine. Copyhold tenure was abolished in 1922.
Leasehold Tenure could be for a term of years, for life, for up to three lives, or at the will of the landlord. In leases for three lives [not necessarily of three generations] the names of three persons had to be recorded.

Devise is a term used in a will to leave landed property, bequeath is used in the case of personal property.

I hope this helps.
Stan

[Wiggy]

Thanks very much Stan  Yes it does help!

So this man leaves a couple of properties to people who are not related but are already 'in possession' of the farm and presumably working it,  and he leaves another to his son, and he leaves another to his son as tenant with the consent of the landord.  I think I have that right.

 - I know there seem to be 6 parcels of land involved though Stubin occurs once as a straight 'devising' and a second time as 'with consent of the landlord' - so I am wondering if there are two parcels of land on the one property, but held in different ways.   (I am not of course allowed to post the whole will so . . .  trying to describe as clearly as possible.)

So, from this, do I presume that those farms with people already 'in possession' are tenants to him - and therefore to 'his heirs and assignees'     Is that the way it would have worked.   In these cases he names two different farmers for each property -

Thanks very much for the explanation!

Wiggy

In looking around for the location of the farms, I came across one which seemed to be in High Hoyland, so I read a little of the history of that area and noticed that one of the people named  as significant in that history bears the same name as one of the legatees in this Will.  Beaumont.

[Wiggy]

In reading another will, the meaning of closes has become clearer -    I think it means areas of land which have been enclosed.         .  That certainly makes sense in the context.

[AnotherJackson]

I live close to Denby Dale. There is an area called Gilthwaites which used to go as Gillfit or Gilfits until relatively recently.

[AnotherJackson]

Am pretty sure there is/was a Springwood Mill textile factory around there too..