puzzle why probate 12 years after death

[jc26red]

I have a will where the man had married a much younger wife, his will stated the money goes to his brother to look after and pay his widow an annual amount till she died.  The brother died and his son(who was due to inherit) became impatient and tried to go through the courts to say the marriage settlement was not valid. The case went on for 47 years and went to chancery!  the only winner in this case were the barristers as the inheritance was whittled down to a third of the original amount 

The widow ? She held on and lived to 92 and outlived all of them still claiming the annual amount as part of her marriage settlement 

The will was obviously written while his son was was very young (he was given a cash settlement).  If the son had been allowed to administer the will then the estate would have been kept intact and settle much quicker, though there was still ownership of land leases to sort out.

[lynne j]

Hi wills are so complicated ,trouble is I dont know who williams family are to look at previous wills
I have been looking for his marriage to mary topping born 1823 from wigton cumbria for 5 years now
all he has on the 1851 census in wigton is born 1825 essex then he died 1858 bishop auckland
my great grandad benjamin phillip taylor williams son was born 1856 hamsterly
on the 1861 cenus primrose hill bishop auckland after william died mary and sons are down as smith and not taylor
this was a census error, one of william and marys sons was born 1850 orsett essex
so really im stuck until i find who williams father is and his family in essex
im hoping if i purchase this probate it might give me something to go on
lynnej

[frederickay]

Hi i also have a question re probate. i see My aunty Lavinia Fox .. widow of Charles Montague Fox was not mentioned  in the probate pages . Her husband died leaving 84.000 pounds wow.   but the probate says several directors names and nothing about her . She live d for another 20 years. does this mean she didnt inherit ??
 thanks Fred

[jc26red]

Fred, the names mentioned in the Probate calendars are the administrators.  You need to apply to York for the will to find out the details

http://www.justice.gov.uk/courts/probate/family-history

[jc26red]

Lynne,
do you have the birth cert for Benjamin Phillip Taylor to confirm his mother's maiden name matches up with her second marriage cert? 

I think the best you can hope for is that  a sibling is named, this gives you something else to go on. Unfortunately the name Taylor (or various spellings) is one of those difficult names to research 

[lynne j]

Hi yes i have purchased all five birth certificates
alfred taylor 1846 carlisle george 1848 leeds william 1850 orsett essex joseph 1854 carlise benjamin phillip 1856 hamsterly
they all have father william taylor mam mary taylor formerly topping i purchased marys second marriage to david smith 1861 mary taylor widow age 37,residence  etherley lane 
father joseph topping
after 5 years really i should give up ive traced marys ancestors but no chance for william
i did ask for help on the essex look ups they seem to think william born 1825 orsett to william hanking taylor and charlotte brenner all the names of siblings are the same but without marriage i have no proof
lynnej

[jc26red]

Doesn't help that they move around  does it 

So the first child was born Carlisle....

[jc26red]

Thing is, I'm doubtful they married when you are expecting them to have (if at all!)

Have you persued this route yet?

There is a marriage for Mary Topping in Wigton
Mar qtr 1839 vol 25 page 125
7 people listed
there is a groom missing off the list but I doubt if its William as I think he is still down in Essex in 1841.  If you can match up the other 3 couples, then you might find out who was Mary's first husband and then look for the second marriage.

ps
*** from the above marriage search, you can discount Joseph Lowes, married Ann Robinson***

[lynne j]

I have bought this certificate wrong one also bought another 2 in carlisle maybe they never got married
spent loads of money on wrong certificates for this family i mean toppings and taylors loads of them
lynnej

would mary have to prove in court that she was married to william taylor to claim any money