Author Topic: Probate  (Read 1892 times)

Offline peb21

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Probate
« on: Tuesday 11 August 15 00:18 BST (UK) »
I have found information which I am wondering if it is actually a will under this section on FindMyPast Prerogative & Exchequer Courts of York Probate Index, 1688-1858 The image is the only clue it gives.
To order it sent me to this site Borthwick Institute for Archives.  Has anyone any idea?
I have wasted money lately ordering wrong certs. so am a bit iffy ordering especially if it's not a will.

I already have a Chancery connected with this person.

Thank you

Offline Bookbox

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Re: Probate
« Reply #1 on: Tuesday 11 August 15 00:52 BST (UK) »
It's not a will, but a grant of Administration (indicated by 'A', in the right-hand column).
The estate was originally valued at £300, but 'resworn since under £100[?]'.

Offline arthurk

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Re: Probate
« Reply #2 on: Tuesday 11 August 15 19:45 BST (UK) »
The Borthwick Institute for Archives is quite legitimate, so don't worry about that aspect. It's part of the University of York, and is where most pre-1858 Yorkshire wills are kept. The Borthwick (as it's often known) has an agreement with FindMyPast whereby FindMyPast has indexes to the wills and administrations (this is an image of the main/only calendar, or index) and provides links for users to order copies direct from York.

Given that the Borthwick's document is only an administration, I think it's unlikely to provide more information than I take it you already have from the Chancery papers.

Arthur

Offline peb21

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Re: Probate
« Reply #3 on: Wednesday 12 August 15 00:58 BST (UK) »
Thank you both.  I would have liked a will to help make sense of the chancery.  But grateful that I asked first before I sent off for the information.
Thank you again.


Offline arthurk

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Re: Probate
« Reply #4 on: Wednesday 12 August 15 08:26 BST (UK) »
You do occasionally get more information in an administration file than the usual bare minimum. I seem to remember coming across one in my wife's family where the administrator had failed to deal with the estate in the time laid down, so there was a record of the court's deliberations and probably a few extra family names. In other cases there might be some dispute as to who would be responsible for the administration, so again, a bigger file than usual.

I don't know much about Chancery cases other than that this is where probate disputes ended up, but I would expect the court records to include at least a bit of background. That is probably going to be your best guide as to how useful the administration file will be. However, the only sure way to find out would be to order a copy or to go to York and look at the original.

Arthur

Offline Bookbox

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Re: Probate
« Reply #5 on: Wednesday 12 August 15 10:30 BST (UK) »
I would have liked a will to help make sense of the chancery.

If the Chancery suit is causing problems, you could start a new thread to get some help.

To get help with reading it, you can post small extracts of any difficult parts. Or if you have already read it, you can post a summary of the content, and someone may be able to help with the legal background.

Offline peb21

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Re: Probate
« Reply #6 on: Wednesday 12 August 15 11:36 BST (UK) »
Thank you arthurk, it may be worth sending off for it then. 
The chancery is full of names which tie in with the family.  But to memory as I haven't delved in to this for a couple of years, it seems it's the family against the widow and maybe property.  I remember it list's the executors of the deceased father, but I don't recall an outcome.  Time to go back and look again.
Thank you Bookbox, when I first received the chancery I did put extracts on here for help.  But must admit not knowing what I was looking at I never took it further.
With both your help, I now know what a chancery is and hopefully will be able to make better sense of it.  If not 'I will be back'.

Offline arthurk

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Re: Probate
« Reply #7 on: Wednesday 12 August 15 17:10 BST (UK) »
As Bookbox says, have another look at the Chancery papers and ask again about them if necessary - the more we know about them, the better we can advise you!

Incidentally, it ocurred to me later that the amendment to the value of the estate in the York probate calendar may well have something to do with the Chancery case. There might therefore be something in the administration file referring to that, but I've no idea if it would be anything more than you already have.

Arthur