Author Topic: Help understanding dispute re Robert HAMBLY's will 1742  (Read 206 times)

Offline fisherj

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Help understanding dispute re Robert HAMBLY's will 1742
« on: Thursday 02 February 23 16:58 GMT (UK) »
I am unclear about the outcome of the case Robert HAMBLY's son William brought against his step mother, Grace and his step siblings and hope someone will be kind enough to have a look at the links below and please just let me know the outcome!  (A transcription of this document is not necessary!!)

William was Robert's oldest son, by his first wife.

Robert's second wife Grace and the children of their marriage were all beneficaries of the will - as were William's full siblings.

William was appointed Executor and it is not clear to me what he would inherit though it was his duty of course to deal with debts and ensure the beneficiaries received their dues.

Robert HAMBLY lived and was buried in Blisland.  His will was written when he was ill and in Bradstone, Devon where his daughter Mary lived.  He subsequently died from this sickness.

The court hearing the case was in St Nyot (Neot).

I think Grace and her children absented themselves from the proceedings.

Two witnesses gave testimony.

I appreciate that this is a lot to ask...but...

here are the links to the one and a half pages of text.

https://www.familysearch.org/ark:/61903/3:1:S3HY-X9FQ-M5?i=429&cat=329778

https://www.familysearch.org/ark:/61903/3:1:S3HY-X9FH-YX?i=430&cat=329778

Many thanks for reading this.
Woodmancote:  Hobbs; Davison
Bisley:  Fisher
Eastcombe:  Winstone
Chalford:  Lambert
Newent:  Bowkett
Llangurig: Owen; Jones
Llangurig & Bedlinog: Rees
Llanonn: Williams
Charfield:  Fowler; Selman
Olveston:  Fisher
Batheaston: Fisher
Andover, Hurstbourne, Woodcutt, Shinfield: Farmer & Tanner
Alresford: Sprangle; Hack
Martletwy & Llangwig:  Davies

Offline Bookbox

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Re: Help understanding dispute re Robert HAMBLY's will 1742
« Reply #1 on: Thursday 02 February 23 20:27 GMT (UK) »
This is a Judicial Sentence, issued by the church court, confirming the validity of Robert Hambly’s will. It does not relate to the content of the will, or who got what, but is concerned only with whether the will was legally valid.

The outcome is that the will was indeed judged to be valid, the testator was of sound and perfect mind and memory when he wrote it, and the executor William Hambly was lawfully appointed. On that basis the judge decided that there was no reason why letters of administration should not be duly granted to William.

The wording is 90% standard for such a statement, with the names entered in the appropriate places. Grace and the children were not represented, either in person or by a lawyer, and were deemed to be in contempt of court.

A close reading of the preceding images (the will itself and the two witness statements) might throw more light on the issue. But it may simply be a case of the named executor (William) being anxious to obtain confirmation from the court of his right to deal with the estate, in order to pre-empt any challenge that might arise from other parties. This was not uncommon.

Offline fisherj

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Re: Help understanding dispute re Robert HAMBLY's will 1742
« Reply #2 on: Thursday 02 February 23 21:24 GMT (UK) »
Thank you Bookbox.  That's really helpful.

I had obviously jumped to the wrong conclusion.  I thought that Grace and her children's being in contempt of court was counting against them and that added to the questions re the will.

Robert HAMBLY was obviously very sick.  His signature was "laboured" for want of a better word.  And there was a crossing out where one beneficiary was bequeathed the same amount twice (same wording).

Thanks for taking the time to read and explain this for me.
Woodmancote:  Hobbs; Davison
Bisley:  Fisher
Eastcombe:  Winstone
Chalford:  Lambert
Newent:  Bowkett
Llangurig: Owen; Jones
Llangurig & Bedlinog: Rees
Llanonn: Williams
Charfield:  Fowler; Selman
Olveston:  Fisher
Batheaston: Fisher
Andover, Hurstbourne, Woodcutt, Shinfield: Farmer & Tanner
Alresford: Sprangle; Hack
Martletwy & Llangwig:  Davies