Need help understanding old will

[jpanks]

Hi all
I have received a will written in norfolk 1834 and proved or not proved in 1838.

This relative seems to have left various messauges , lands and tenements and copy hold for grimston manor.

Then at the end of the will there Is a line I don't understand

This will was ex??  but not proved. Testatrix (as is alleged) not leaving personnel estate of the value of £5 therefore copied filed and registered only.

Can't read the fourth word looks like extubated but really not sure
So any ideas what this line means, does it mean she didn't have all that stuff, I'd the £5 pound relevant?

Over to the experts

Thanks very much in advance

Jason Panks

[josey]

Without seeing the excerpt - could it be exhibited?

Are you having trouble uploading the scan? You may need to rename it as it won't upload if there is already another named the same in the system.

[jpanks]

Gimme a couple of minutes I will try and get one on..

[cati]

I'd say it would be "exhibited but not proved".

A formal grant of probate is only required where the estate is worth over a certain amount.  Without digging out the old legal textbooks from the attic, I'd say from memory that in 1838 this limit was £5.00 - hence there is no need for probate.

For a very long time, the value of 'real property' (land) was not brought into the calculation when a deceased's personal estate was valued for probate.   

So (basically): yes - she probably still had interests in the land*; no, she didn't have anything else which exceeded £5 in value

*unless these were  sold between the date the will was made and the date it was exhibited - I'd have thought unlikely, but always a possibility.

Cati

[jpanks]

hope this works

[josey]

Cati & I both right then, but cati has much more information & explanation

[jpanks]

Yes exhibited looks good to me

Thankyou  very much..

I can tell you I never got to see any land left over for me..

[josey]

Just like I never saw any of my ancestor's 500 acre 1817 Land Grant in Nova Scotia  . Still at least most of it belongs to the province now [unfarmable] so I was at least able to walk & kayak on it in 2011.