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General => The Common Room => Topic started by: jubee on Sunday 16 October 16 21:07 BST (UK)
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Hi,
I wasn't quite sure where to post this to begin so apologies if it is in the wrong place. It does concern a general query although the specific reference is a Cheshire related one so if the moderator moves it in due course please feel free :)
I recently found a will for John Furnivall of Astbury, Cheshire proved in 1776 via FindMyPast and it contains the following term;
"also I will that if Thomas or James Furnivall shall not come from a Broad (sic), Either one or Both to demand there partes (sic) of money within the space or term of twenty years after then thence from then there (sic) shares or share of Either one or Both to be equally devided (sic) amongst all the brothers and sisters then living or there heirs...."
Does "abroad" mean "beyond England abroad" or is it merely an 18th century concept of abroad i.e. out of one's own parish or county. Given that the will states twenty years as being the time allowed to claim the share of John's estate, I'm tending towards them being out of the country.
I've searched for death records for Thomas and James Furnivall after 1776 (the date of probate) in Cheshire but they seem to either have a different father or are outside the Astbury area which doesn't necessarily rule them out but doesn't confirm them either!
If Thomas or James did not return to collect their estate share, would the money be automatically divided between the other siblings or would there need to be an amendment or codicil recorded somewhere to say that the terms of the will had been fulfilled by the executors?
If it is they remained out of the country, could you suggest where to research next.
Thanks
jubee
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Hi
Even in 1776 I'm sure abroad meant out of the country. They could have been anywhere - USA/Canada/Oz etc etc
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Hi Jubee,
Would agree with Carole.
Annie
Added...Are you now scratching your head wondering where to look for them? ;D
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The Oxford English dictionary definition of abroad:
- in or to foreign countries
- in different directions; over a wide area
- freely moving about
So I have to disagree with the previous comments. I think it could mean either. And this is reinforced by the Cambridge dictionary which gives the definition (as well as being in foreign parts) of 'not being at home'.
Regards
GS
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Hi
Even in 1776 I'm sure abroad meant out of the country. They could have been anywhere - USA/Canada/Oz etc etc
They were not abroad in Australia. The First Fleet departed in 1787 and arrived in Sydney in 1788.
1776
That's the year of the Declaration of Independence ..... USA etc http://www.historytoday.com/robert-hole/american-declaration-independence-july-4th-1776
I am used to the expression 'abroad' to mean both 'overseas' and to be 'out and about' ie not at home. But then I have living ancient relatives who are great conversationalists, and they assure me that 'aboard' to them simply means 'not at home'.
JM EDIT to finish the thoughts. (fingers got ahead of grey cells)
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1 less place for OP to look ::)
Annie
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Here is an attempt of a legal definition:
https://books.google.com/books?id=lwdDAQAAMAAJ&pg=PA259&lpg=PA259&dq=Beyond+England+abroad+Will&source=bl&ots=EfW-l3XEXd&sig=SHuiQRjCwHz-T4BsLK6izT6lsOU&hl=en&sa=X&ved=0ahUKEwiAicCk3ODPAhWJ44MKHWjwBBM4ChDoAQhXMAk#v=onepage&q=Beyond%20England%20abroad%20Will&f=false
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Although now abroad usually means overseas/in anothercountry it can be used to mean away from home or even in the general area, there are many instances in literature of these meanings.
King James Bibles [not exactly literature];
For your obedience is come abroad unto all men. I am glad therefore on your behalf: but yet I would have you wise unto that which is good, and simple concerning evil.
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If they were "abroad" somewhere in the UK I somewhat doubt they would be given 20yrs in which to claim their inheritance
Such a length of time suggests they had left the UK for another country
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I would agree that they were somewhere overseas -- and also had not been heard from for some time so their relatives back home did not know where they were or whether they were still alive
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I would have thought if still in the UK the will would have read.... ? now residing in the Parish/County of ? or similar.
I've also seen abroad as "foreign parts" & "a land beyond the seas" with the same claim period & direction to the Trustees re the other legatees.
With goods & chattels it won't appear anywhere if the legacy went unclaimed after that period but with regard to property there would have been a legal document of transfer.
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Thanks to everyone, as I suspected the general consensus seems to be that they were out of the country given the time stipulation on collecting the share of the estate.
They were not abroad in Australia. The First Fleet departed in 1787 and arrived in Sydney in 1788.
1776
That's the year of the Declaration of Independence ..... USA etc http://www.historytoday.com/robert-hole/american-declaration-independence-july-4th-1776
When I saw the date of the will, 1776, it did make me think of the Revolutionary Wars period or maybe the East India Company.
Given the ambiguity I think I'll need to have a good think about where to go next, otherwise it could end up in my growing list of "brick wall" files ::)
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I have seen this exact phrase used in a will of this period, "come and demand his share"
I think it means that the whereabouts of the person is not known, not necessarily overseas.
Without it the executor would have to trace the person, an impossible task at that time, and the estate could never be finalised.
Mie