Use of maiden or married name in Will?

[waynenort]

A friend of the Norton family and an attorney at Ramsgate called John Fagg leaves a piece of land with Messuages, Outhouses, etc. (called Robsack) to a Sarah Norton in his Will in 1795.

This same piece of land had been previously owned by two generations of the Norton family before being sold to John Fagg in 1792, which was discussed in this post here:

https://www.rootschat.com/forum/index.php?topic=856511.0

I'm wondering if John Fagg could possibly list Sarah Norton in his Will referring to her maiden name Norton instead of her married name.

Sarah Norton (of the Norton family) marries Henry Hodgman in 1767 in Ramsgate before moving to Chatham circa 1771, for around 20 years. After Sarah's husband dies in 1791 in Chatham, Sarah moves back to Ramsgate in 1792 with most of her children.

The Sarah Norton I'm referring to, and her 3 siblings originally inherited the piece of land called Robsack from their grandfather in 1765, before her brother John Norton sells it to John Fagg in 1792.

Note: John Fagg was appointed Sarah's guardian by her grandfather in his Will in 1765.  As Sarah's grandfather outlived both her parents.

Would John Fagg be able to list Sarah Norton using her maiden name in his Will in 1795. or would he have to use her married name (if was married)?


 

[BumbleB]

Just wondering - when did John Fagg write his will?

[waynenort]

John Fagg dates his Will - 26 December 1795 and is 7 pages long
John Fagg's death dated on a white marble tablet vault in the St Laurence churchyard - 27 December 1795
John Fagg's burial - 4 January 1796
Probate of Will  - 4 January 1796

The Will (links just below) probably would have been prepared earlier, but I can't find an earlier date.

https://www.ancestry.co.uk/discoveryui-content/view/305688:5111?tid=&pid=&queryId=21d6b7beeaa633471ad23bcfb6d2d2f1&_phsrc=ZTS6205&_phstart=successSource

https://discovery.nationalarchives.gov.uk/details/r/D557319


I would think that John Fagg's Will, would have been made or updated after 1792 since the land deed (for Robsack) was with John Norton before being transferred to John Fagg on 17 Nov 1792

This link (below) has a brief description of the deed document:

Parties: John Norton, labourer, to John Fagg, gent, both of Ramsgate. Messuage with outhouses, garden, backside, etc in Ramsgate at or near a place commonly known as Rob-Sack. Consideration: £21. Endorsed as to redemption, 24 Feb 1796

https://www.kentarchives.org.uk/collections/getrecord/GB51_R_U9_T_10

The description in kentarchives: "Endorsed as to redemption, 24 Feb 1796" is about 2 months after John Fagg's death which would coincide with his Will.

I've purchased the deed doc between John Norton and John Fagg from kentarchives, but not sure if I'm allowed to post my transcribed version of the words here. Note it doesn't mention any other specific names in the document other than John Norton and John Fagg.