Left out of the Will?

[Aussie possum]

Just wondering how common it was to not remember all children in the will.  I have one I have downloaded from the internet, and I am trying to determine whether it is in my direct line or not.    He only mentions his 2 sons, Samuel and John,  whereas if it is my person there should be more sons and daughters.

The only other possibility is that this person had a cousin/relative with the same wife's name, living in the same village, in the same era.  I know its possible, but nothing has come to light in parish registers, census etc.  that would support this.

[D ap D]

Hallo Possum,

I've just finished transcribing an ancestors will dated 1808 and can confirm your suspicion. He names his wife, wifes father and grandfather (last 2 both deceased) his eldest 3 sons and 3 of his married daughters with their husbands names. Another daughter is mentioned in a codicil.

However, he had 12 children. He refers to the others as "my infant children", or "my other children in their minorities". Perhaps with so many, he simply forgot their names.

What dates are you looking at?

[Aussie possum]

Thanks D ap D,

The will was made and proved in 1820.  The son Samuel married in 1822, the other son John  married in 1817, but the son James who also married in 1817 is not mentioned,  as well as about 3 unmarried daughters, and another son born in 1799. 

I have found the record of his death in parish records, and it is the day after the will was made.  Maybe he wasn't in any fit state to give it a lot of thought.

And yes, of course I am descended from the son James who missed out!

[Jane Masri]

Hi Aussie Possum...what a name

I think I'm right in saying that the eldest son was not always mentioned in wills as it was automatic that he inherited the lions share or at least the property. But I think your take on the situation is more than likely true, that he was so poorly, he missed out a lot of things!  Did you take note of who the executors of the will were?  Sometimes they were family members and that gives clues as well.


Jane

[Gardener]

Hi. I think I've seen a couple of cases of missing people. The reason could be that the person has already had their "share" in the form of land etc., or it is possible that they married into a wealthy family so didn't need anything from their own parents. I have one will where only the oldest and youngest sons get anything and at least 2 living sons are unmentioned. Moved away from home before the will was written perhaps. There are lots of reasons not to include children so don't dispair!

[Aussie possum]

His wife Ann is the sole executrix.  Yes Jane and Gardener, you probably have given me a clue.  Maybe with my James being the oldest he would inherit the property on his mothers death.  The youngest son Henry was still a minor (just), so that might account for his not being mentioned. 

[Boongie Pam]

Have you tracked down all the death dates of the children?  I know it sounds obvious but I was hunting for someone who wasn't mentioned on a will and it turned out they died as a child so they wouldn't have been mentioned!    Daft Me!

On another will I have found a chap that died without issue left all his dosh to his sisters and nieces he named a pile of people who had died 5 years prior to the will being written (10 years prior to it being proved).  So obviously the news didn't reach him?

P

[Aussie possum]

The other sons are definitely still alive.  Not 100 percent sure about 2 of the daughters.  I did find one possible additional son that had pre-deceased the father.  Trouble is they were members of Culmstock Prescott Baptist, and were not big on keeping the register.  In the film I was reading today there were years where the minister had "forgot" to keep the register, and had to get the relatives and friends to recall it as best they could....and other occasions where years down the track he realised certain births and deaths had never been recorded.  So I am lucky to have got as much as I have under the circumstances.

[madbadrob]

Ok heres my 2 quids worth as one who as transcribed loads of wills and on that note anyone interested in sharing their wills with the genealogy community check out http://wills4all.netfirms.com but dont click the email link I havent had time to update it yet.

Right back to the will. Firstly the eldest son getting it all isnt the case as a rule after the 18th Century in fact if a will was left the whole estate as to be divided as the will dictates therefore if eldest son not mentioned he gets nowt.

Then we have to look at what the family situation is at the time.  If the deceased didnt have a lot of money he may have decided to just give those in need the items/cash and not them with the money.  Of course it is possible he disowned them.  Id be very reluctant to accept that will as my families unless everythign else fits.  You dont say where he lived or died and that would be useful in deciding if its yours.  Although again not conclusive.

What id suggest is you dont discount it but you dotn accept it neither.  try and build up more information. Try looking at the local diocese for another will that may fit or even an administration.  Did the family have money?  That would be  the biggest question because if they didnt why is he making a will with the PCC.

Lots of questions and so few answers, now tell me why we love genealogy so much

rob