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General => The Common Room => Topic started by: Geoff-E on Monday 25 May 09 20:46 BST (UK)
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I have a will-
I Samuel EVERITT of Sutterton ......
... bequeath unto my brother Ely EVERITT the sum of one shilling.
All the rest I give to my kinsman John EVERITT whom I make and appoint sole executor.
I hereby appoint Robert KETTON of Kirton and John DOUBLEDAY of Gosberton as trustees for my said kinsman until he attains 21 years of age.
Witnesses: Josh ASPLAND, Edward + WRIGHT, Elizabeth + WRIGHT. 5 October 1793
What does kinsman mean? The testator was aged 34, perhaps his wife had died, there was a daughter that died as a baby. I don't know of a son. Sam had a brother John who was aged 50ish, so it wasn't him. Does kinsman = cousin? Also it seems odd to appoint a minor as sole executor.
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I have another will which contains the line -
Also I do give and bequeathe to my son James Cook ELDING ... the sum of £100 ... to be paid when he arrives at the full age of 24 years ...
Has anyone come across "Full age" to mean anything other than 21?
(http://services.arnit.net/images_to_go/users4/Will241544070525.jpg)
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I have seen wills that state that a legacy will only be payable at the age of twenty-five, about as often as they say twenty-one, so that is not that much of a surprise to me.
As regards kinsman, I wouldn't like to give a definitive answer. I have some wills which refer to 'cousin' when really the relationship was only 'married to cousin' but because the cousin was female, I presume the husband then took legal precedence (I'm talking 18th century and earlier here). I would think in this instance there is some blood-tie but it is not completely clear to the testator.
Only a suggestion.
Nell
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Kinsman = a relative by blood (or, loosely, by marriage).
Stan
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The legal definition of "Full Age" is the age which is completed on the day preceding the anniversary of a person's birth. In this case the twenty fourth anniversary, but it is normally the twenty first, when they may dispose of themselves and their lands.
Stan
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One of my lot made his will in 1845 and states, "And I will and direct that my said wife shall so carry on my said Trades and Businesses until my eldest Son ... shall attain the age of twenty four years."
I don't know why he chose 24 years, but I've seen it elsewhere, too. Maybe it was a cultural thing where it was thought 21 was still too young to run a business.
:)
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Thanks to all for your replies :)
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It is worth adding that in 1792 marriage was regarded as creating a blood relationship. As a result your cousin and your wife's cousin would both have the same relationship to you namely cousin.
The term kinsman often referred to someone who was a more distant relative.
In a similar way the term brother-in-law meant a step brother as we know it today. The brother-in-law would simply have been called brother. This results in the term my brother Jones for example being frequently found in early wills referring of course to the husband of a sister who married a Mr Jones.
David
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Hi
I had trouble with kinsman this very week having just lost a cousin and being the only one alive or bothered to sort out his affairs.
I had to speak to a distant call centre to surrender a Insurance Policy for money towards his funeral. Their first language was not English and I had to argue for ages that a cousin is a blood relative.
The definition of kinsman is someone who shares the same blood relative and in my case we share the same grandparents as his Dad was my Mums brother.
The only thing I know about 24 or 25 years for a inheritance is you were considered a mature person by that age and would probably be settled down married and with kids.
Hope this helps
regards
Sandymc
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It is worth adding that in 1792 marriage was regarded as creating a blood relationship. As a result your cousin and your wife's cousin would both have the same relationship to you namely cousin.
The term kinsman often referred to someone who was a more distant relative.
In a similar way the term brother-in-law meant a step brother as we know it today. The brother-in-law would simply have been called brother. This results in the term my brother Jones for example being frequently found in early wills referring of course to the husband of a sister who married a Mr Jones.
David
It's interesting you state that about in-laws on wills:
I looked at the will of Elizabeth Daniel, a widow of Bramhall Cheshire on Family Search. She was one of my 10x great grandma's.
Elizabeth named "Jane Daniel of knutsford" as her daughter in a list of her daughters:
https://www.familysearch.org/ark:/61903/1:1:FGBT-T6N
But Jane was in fact Elizabeth's daughter in-law and widow of her late son William.
:)
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There's always the plot in Pirates of Penzance where Frederic is apprenticed to the pirate king until his 21st birthday - but he was born on 29th February.......
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There's always the plot in Pirates of Penzance where Frederic is apprenticed to the pirate king until his 21st birthday - but he was born on 29th February.......
;D ;D ;D