RootsChat.Com
England (Counties as in 1851-1901) => England => Durham => Topic started by: sally75 on Friday 11 January 08 12:48 GMT (UK)
-
Hi There
I haven't been on for quite a while, so hopefully I'm posting on the right board.
I've just got hold of my 5 x great grandfather's Will, which states, as I suspected, that he had 'freehold and copyhold messuages lands tenements and hereditaments situate in the several parishes of Sedgefield and Grindon'. One of his houses with land he left to my 4 x great grandfather, however, it seems that the rest of the property he had was put in the trusteeship of two other men, as they all seemed to be leased to other people.
So, what I'd like to know, if anyone could tell me is, why didn't his children inherit all his land, and most importantly, how can I find out exactly what property they owned?
Anyway help would be much appreciated, as this is the first Will I've research in my family tree.
Thanks.
Sally.
-
Sorry i dont know anything about Wills at all..all i can think is maybe you can ask someone at CAB (citizens advice bureau) and they may be able to put you in touch with relevant people
i also found this
http://www.familyrecords.gov.uk/frc/research/willsmain.htm
maybe if you contact them they will be able to give you more advice
-
I can't help directly but I was interested in your post as I had a similar experience with my 4x g-grandfathers will in Stockton-on-Tees. In this case his wish was that his land was sold and the proceeds distributed to his family. After his death this was done but the buyer of the property seems only to have paid a ten percent deposit and then spent the rest of his days in the debtors prison at Durham Gaol. Whether the family got any more money or not I don't know.
I think we need someone who knows English Law to sort these issues out as the legal documents of the day I don't find easy to understand.
Incidentally I hope to inspect the manorial documents held in Durham University later this year since the record of land transactions of those days are held in these.
John
-
He might have left the property in trust if the children were young at the time when he made the will - this might have been years before he died, so look at the date when he signed it. You don't say what the date of the will was, but if it was after 1796 there might be a Death Duty Register entry that would give you a bit more detail.
The best book around at the moment on wills is 'Wills and other probate records' by Karen Grannum and Nigel Tayor, a TNA Publication, which you may be able to though your local libray, or buy direct from TNA.
Hope this helps
Mean_genie