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General => The Common Room => Topic started by: Jayson on Sunday 13 January 19 13:45 GMT (UK)
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Hi all
I have the will (dated 1832) of Ellen Salmon, of Willaston, South Cheshire.
In it she states that if her cousin to whom she left her whole estate dies without making a will she then bequeaths it equally amongst the sons and daughters of her cousin to hold forever “as tenants in common and not as joint tenants” what does this mean exactly?
Then she goes to say that if the above children of her cousin die under age and without leaving lawful issue then she leaves her residuary property to her own right heirs.
She was a widow when she died; she had no children or brothers and sisters so who would classify as her own right heirs?
Any help understanding the above would be appreciated
Jay🙂
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Its a different form of ownership.
You probably were asked this if you ever purchased a home with anyone else.
You either own 100% jointly with someone else or
You own 50%, the other party owns 50%
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When a property is owned by joint tenants with survivorship, the interest of a deceased owner automatically gets transferred to the remaining surviving owners.
Tenancy in Common is a specific type of concurrent, or simultaneous, ownership of property by two or more parties. All tenants in common hold an individual, undivided ownership interest in the property. This means that each party has the right to alienate, or transfer the ownership of, his/ her ownership interest.
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Thank you both for the detailed information...most helpful🙂
Jay
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From Which? Magazine:
https://www.which.co.uk/money/mortgages-and-property/first-time-buyers/buying-a-home/tenants-in-common-vs-joint-tenancy-amlkh0x4ct97#headline_2
Martin
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It is my understanding that 'right heirs' refers to a prescribed sequence of relations who were entitled to inherit if a person died intestate. A cousin would not come first which is why Ellen wrote the will as she did. She obviously wanted to favour this cousin and their offspring if possible but made mention of what should happen if the cousin AND their offspring had died by the time Ellen did.
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Thank you for sharing the link, Martin. I found that really helpful.
Ellen Salmon left Willaston Hall to James Bayley. He was the great grandson of her father’s brother, James Bayley.
Jay
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Yes, the term is still in current usage.
My mum & dad's house was converted from joint ownership to "tenants in common" some years back, so that when one of them died, their share could be passed on at that point. This has quite an impact on inheritance taxes.