Two Grants of Probate

[chelsen]

I am researching for a friend whose Great Great Grandfather Paul Jackson, Surgeon, left a huge amount of money (for over a hundred years ago) when he died in London in 1896 aged 84.  I have found a probate record dated 2nd November 1896 on Ancestry which showed that probate was granted to two unrelated people, presumably, executors or lawyers.
 
Then I found a second probate record, dated 1914, relating to the same person, Paul Jackson, Surgeon, who died in 1896 but this time a small amount of money was left and probate was granted to John Charles Jackson, his only surviving son.  The previous grant of probate was referred to in this record.

There were complications when Paul Jackson died in that his eldest son, Thomas Creswick Jackson had already died (one surviving son, living abroad) and his second son William Henry Paul Jackson had disappeared in Argentina many years before. 

I have found a copy of a legal notice printed in a newspaper dated 1898 asking for information about the missing son and a deadline by which he should come forward.

Why would another Grant of Probate be issued in 1914, all those years later and for a small amount of money?
Is it possible to find out what happened to the very large amount of money he left in 1896?

I think it is impossible to find out these things but I would be extremely grateful if anyone could give me any ideas.
 

[lizdb]

To find out what happened to the money you would need to buy a copyof the Will.
Hopefully all will be explained in it - who has been left what, and who the executors were etc.

[chelsen]

Thank you Lizdb

I searched on National Archives for the will but the catalogue doesn't seem to cover 1896.  Perhaps I am looking in the wrong place.

Carole

[Elwyn Soutter]

I have seen second grants of probate from time to time. It appears to be in cases where additional assets are found after the estate has been wound up, and the original executor is dead or not available to deal with the new assets. Consequently someone else has to apply to the Probate Court to be appointed executor in order to deal with the extra assets.

You mention it was “a small amount of money.” The comparative size may not be the key issue. If there’s no valid executor, they aren’t going to hand it over. Lawfully they can only hand it over or dispose of it as directed by an executor. Hence the relatives would have had to go back to the Probate court and get a 2nd grant (which appoints a new executor or administrator).

[chelsen]

Thank you Elwyn.  That is very helpful. 
Maybe I am reading too much into the fact that one of the sons was missing presumed dead.  It may be that the assets were distributed in 1896 but, as you say, something else came to light in 1914.
I am very grateful for the help.
Carole

[dawnsh]

Hi Carole

The calendars for grants after 1858 refer to the wills now held by Her Majesty's Courts & Tribunals Service (HMCTS)

You can apply for copies of the grants and the will by post if you can't get to London, details here

http://www.justice.gov.uk/courts/probate/copies-of-grants-wills

If you want copies, you should get your application in before 22nd April when the price goes up from £6 to £10 per grant/will.

Please be aware though that if you send of £12 you will receive 2 separate grants, one for 1896 and 1914, but you might get 2 copies of the same will. The grants will contain no further information than is shown in the calendars.

Dawn

[Marmalady]

It could be that the second probate referred to money left to the missing son.

Possibly information had come to light about his  whereabouts or death -- if he had pre-deceased his father, there may have been legacies to him that were invalidated and that money needed to be re-distributed

I have a case where a second grant of probate is made shortly after a missing son is legally presumed dead nearly 30 years after his father (the testator)  died

[chelsen]

Thank you Dawnsh and Marmalady.
I am not sure if it is worth pursuing the probate records if it doesn't offer any information about what was in the will.
Hopefully, the National Archives will eventually publish more wills.
Thanks again.
Carole

[Marmalady]

Thank you Dawnsh and Marmalady.
I am not sure if it is worth pursuing the probate records if it doesn't offer any information about what was in the will.
Hopefully, the National Archives will eventually publish more wills.
Thanks again.
Carole

You can get a copy of the will as described in Dawnsh's post

Go to http://www.justice.gov.uk/courts/probate/copies-of-grants-wills and fill in the form giving the details as you know them -- the names, dates, grant of probate dates etc and you will get a copy of  both the grant AND the will

As dawnsh says, it currently costs £6 but will be going up to £10 at the end of the month

As post 1858 wills are held by HMCTS and issue copies on payment of a fee, it is very unlikely that National Archives will be publishing them any time soon -- and they will only have what is already available from HMCTS anyway