Wills - General

[Robert Fletcher]

In 1873 a farmer died leaving no will. Administration awarded the estate to his wife. However there was adult sons on the farm at this time.
I was always lead to believe that it should have gone to the eldest son. When did things change to allow the wife to take ownership?
Robert

[stanmapstone]

You could  look at The Law of Succession, Testamentary and Intestate
http://www.archive.org/stream/lawsuccessionte00vickgoog#page/n12/mode/1up
Also this thread http://www.rootschat.com/forum/index.php/topic,472908.msg3326527.html#msg3326527
Stan

[Robert Fletcher]

You could  look at The Law of Succession, Testamentary and Intestate
http://www.archive.org/stream/lawsuccessionte00vickgoog#page/n12/mode/1up
Also this thread http://www.rootschat.com/forum/index.php/topic,472908.msg3326527.html#msg3326527
Stan

Thanks, your first link is giving me a 502 Gateway Error. The second link dose not really apply in my case. Got confusing stuff when I Googled

In the case I have outlined everyone is legitimate and all rites carried out in the established Church. This actually belongs to a friend.

But I have a similar thing in my own family. my 2nd Gt Grandfather died in 1852 leaving a wife by 2nd marriage and a number of children. The eldest son Thomas was from the first marriage. Now I have to go to Lincoln to look at the records for confirmation but it seems that the wife ran and managed the farm. It could be of course that whilst the son may have been granted the estate mother was allowed, out of respect and strong determination took control.

Interesting the case I do have the documentation on is also a farmer.

Am I right in assuming that the Court transcription would not be available and the Probate Calendar has as much detail as we will get considering there is no will to look at.

[davidft]

I would try the first link again - it opened for me.

It contains a very detailed explanation and its not straight forward so best not to try to precis it here.

[GR2]

Assuming your ancestors were tenants, it might depend on the terms of the lease.

Graham.

[stanmapstone]

your first link is giving me a 502 Gateway Error.
Go to http://www.archive.org/index.php and enter The Law of Succession in search, and you should get the book first in the list.

Stan

[I've left]

In 1873 a farmer died leaving no will. Administration awarded the estate to his wife.

I think the wife was granted the Administration of the Estate. That means she was empowered to deal with matters; access her husbands back account etc.

It does not mean she was given ownership of the property of her husband.

Bryan

[Robert Fletcher]

In 1873 a farmer died leaving no will. Administration awarded the estate to his wife.

I think the wife was granted the Administration of the Estate. That means she was empowered to deal with matters; access her husbands back account etc.

It does not mean she was given ownership of the property of her husband.

Bryan

Bryan that is a better way to understand things. So you think the actual order will tell us who got what. They owned the farm and had done so from the early 1700's at least.

[Little Nell]

I don't think you will necessarily find out who got what.  The widow was granted the right to deal with her dead husband's affairs, but once she was granted that right, she did not necessarily leave documents indicating what then happened.

Nell