Probate, 1750 - Memorial of a Written Will

[karen58]

Hi all,

This regards a probate issued 12 May 1750 and signed by the surrogate, John Heginbottom. He was the Curate of Saddleworth in West Riding Yorkshire.

Although Saddleworth was in the West Riding, it was a chapelry in the Parish of Rochdale Lancashire, so probates were proved in Chester.

To be sure, the will was archived at Chester.

The executors swore the oath 27 April 1750.

But the testator died 22 August 1739 in Saddleworth some eleven years earlier. I can't imagine why the delay in probate?

Below the Rev Heginbottom's signature is a paragraph signed by the Deputy Register:

A Memorial of the within written Will
was registered at Wakefield the Twenty Eighth
Day of ffebruary Seventeen Hundred and
fforty Nine near Twelve at Noon In
Book A3 page 637 and Number 771

My questions are;

1. What is a memorial of a will? My understanding of the word memorial is that it was some type of petition. Did someone contest the will?

2. Why was it registered 28 February 1749, 13 months before probate was issued?

3. Why was the memorial registered at Wakefield rather than Manchester of Chester? Especially when Manchester is much closer to Saddleworth.

4. What does Book A3 page 637 and Number 771 refer to?

5. What could be the reason for the delay in probate?

Thank you
Karen

[Watson]

A memorial of a document means a summary of it.  The document doesn't have to be a will, it could be, for example, a deed.  Presumably, a memorial of this will was made as part of the process of obtaining probate.

Wakefield was in the West Riding of Yorkshire and the Archdeaconry of York.  I would guess that some of the property lay in the Archdeaconry of York (or perhaps another Yorkshire jurisdiction), which would have fallen outside the Chester jurisdiction, and that may explain the Wakefield involvement.

Presumably, Book A3 page 637 and Number 771 is a reference to the memorial in the register book.

There are various reasons why the probate may have taken so long, but it is hard to say from the information provided.

Perhaps another Rootschatter can help further.

[Watson]

The date seems to be 28 February 1749/50.  If so, that would only be two and a half months before probate, not 13.

[karen58]

Hello Watson,

Thank you, I had forgotten about the Julian to Gregorian calendar change. The wrapper on the will is dated 12th May 1750.

With regards to jurisdictions. I am certain that the testator does own land outside of Saddleworth. At least he does not mention property beyond Saddleworth in his will.

Warm regards
Karen


 

[Watson]

When there was property in more than one jurisiction, I thought the will was usually proved in a court which was superior to both.  In this case, one might expect it to be the Prerogative Court of York.  Perhaps they wanted to avoid that, hence the Wakefield involvement.

Were the executors who swore the will the same as were named in the will?

[karen58]

Hello Watson,

So sorry, meant to say: the testator didn't own land outside of Saddleworth.

And yes, the two executors nominated in the will swore the oath and are noted on the wrapper of the will.

Also, the will was definitely a Chester will.

[Watson]

There are still aspects of this that are not explained.  I don't know whether your posting details of the will would reveal any clues.

[karen58]

Hi Watson,

Thank you for your interest in my questions.

I've sent you a PM with the transcription of the will.

Warm regards
Karen

[karen58]

Hello Watson,
Oops that didn't work. Too many characters. I'm wondering if a link to my cloud account would work if it was copied in a PM?
I'll give it a try