Does anyone know why there would be a Will and an Inquisition Post Mortem for the same individual?
I have been researching my Elliott/Ellyott ancestors in Salisbury, Wiltshire and have the following puzzle.
Thomas Elliott died in 1625 and left a Will which was written on 9 December 1624. In the will he mentions his sons Thomas and Nicholas as well as his daughter Anne, the wife of Wolstan Coward and his daughter Margaret, the wife of James Abbott. Thomas states in his Will that his son Thomas 'hath been disobedient unto me and a great grief unto me.....' and appoints his youngest son Nicholas to be his executor. The Will was proved in the PCC on 15 June 1625.
However I have also found in the journals of the Wiltshire Archaeological and Natural History Society that there was an Inquisition Post Mortem for him. The IPM mentions John Abbott (another brother in law) as well an indenture which names 'Nicholas Ellyott, his son, and Thomas Ellyott the leder son' as well as 'Thomas Ellyott, son of the said Thomas the elder son'. It mentions various properties and lands in Salisbury (New Sarum) and other areas. Crucially though it mentions another indenture which names Wolstan Coward and James Abbott as well as Thomas's son Nicholas, and also Margery and Elizabeth Thorne daughters of Thomas Thorne and which relates to a pair of messuages in High Street. Margery, Elizabeth and John Thorne are all mentioned in the above Will, as is the property in the High Street.
Another indenture mentioned refers to messuages in Oatemeale Row and a stable and curtilage in Chipper Lane which are also mentioned in the Will.
Finally there is reference to another indenture which refers to Wolstan Coward, James Abbott and Nicholas Abbott and mentions two messuages in Draggon Street, and [the said] mansion house, the messuage in Chipper Street, and [the said] messuage in Minster Street.
The IPM states that Thomas died 7 June, 1 Charles I [1625] which fits exactly with the date of Probate on the Will (15 June 1625). It also states that 'Thomas Ellyott the son is his son and next heir, and is now aged......years and more'
Following on from this I have found that two years later there is a case in Chancery between Thomas Ellyott v Nicholas Ellyott, Wolstan Coward, and James Abbott. This is clearly between the eldest son and his brother Nicholas and brothers in law Wolstan and James. The case is centred on the 'apprenticeship of Thomas as a woollen draper, dispute over the will and estate of Thomas Ellyott'
The reference for this case is C78/293/9 and the document can be seen online at the Anglo-American Legal Tradition website the following address
http://www.uh.edu/waalt/index.php/C78_1627Search the page for Ellyott or Wolstan to find the entry in the index and then click the blue 85 on the right to see the images.
I have only had a quick look at this so far but so far it mentions
Thomas Ellyott, the complainant
Nicholas Ellyott, Wolstan Coward, and James Abbott, the defendants.
Thomas Ellyott - the complainant's late farther
Then crucially it refers to Thomas being 'an apprentice to his said father in the trade of a woollen draper'
I'll add more tomorrow but that's all for now as this document is quite long and difficult to read in places.
I also have the IPM for John Ellyott, second son of Tomas snr, which states that he was 'a lunatic' and also refers to his brothers Thomas and Nicholas.
Any suggestions welcomed.
Thanks in advance.
Matt
