Struggling to understand this Will. Any suggestions appreciated

[This Boy]

Whilst I can make out most of this will, I cannot for the life of me understand it and think I must be misreading or missing something.

John Middleham seems to revoke previous wills and appoint an executor to sell his assets but it isn’t clear to me to whom he leaves the proceeds. He doesn’t seem to stipulate a single beneficiary. I am completely puzzled. The will is dated 2nd October 1868 which is the exact same day on which he died aged 71.

By that date his wife and son had pre deceased him but he still had three young grandchildren living in the same village and I cannot see any mention of them but I cannot make out every word.

Is he actually leaving everything to his executor? It doesn’t seem to say so. If that is the case I am very suspicious that there has been some jiggery pokery going on. The proximity of the will to his death (cause listed as Jaundice) the X mark instead of a signature and no mention of his grandchildren.

Feel a bit sad if so but am I missing something?

I also have a newspaper cutting announcing his bankruptcy on 19/5/64. Oddly, his estate on death was valued at between £100 and £200 which wasn’t insignificant I guess back then. He seemingly recovered quickly from bankruptcy.

Any help, opinions or suggestions will be greatly appreciated.


This Boy.

[BushInn1746]

According to the last Notice in The Gazette  (which are free to search on "The Gazette" their official UK website) it looks like a meeting was held to Discharge the Bankrupt. So he looks to be free of it, provided nobody objected, nor had grounds to object, at that Meeting.

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I don't feel you have put up the full paperwork regarding the Will. It looks to stop part of the way through the sentence regarding the person applying for Probate?

Not naming a Beneficiary in a Will, in effect means that you have likely only appointed Executor/s to deal with the Will.

The last time I checked, if you are a witness to a Will, you cannot be a beneficiary. But you may need to consider the Law applicable back then, if different.

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I also have a family Will probably made whilst our widow was very upset by the recent loss of her husband without a Beneficiary named on that Will and she only appoints the Solicitor and an accountant as Executors who it states shall have the power to charge their fees in executing the said Will.

Next in The London Gazette the Solicitor publishes a Notice, naming the Testator, when and where she died, asking relatives of the deceased to make formal contact and if he has had no reply by a future date (specified), he will execute the Will and distribute the proceeds as he thinks fit.

Mark

[horselydown86]

I don't feel you have put up the full paperwork regarding the Will. It looks to stop part of the way through the sentence regarding the person applying for Probate?

Just following up BushInn1746's post - there should definitely be at least one more page for this matter in the register.  John Tennant of Shadwell's deposition is incomplete.

In what we have, JT states his relevance to the Middleham matter but doesn't get as far as stating what is the purpose for which he has been deposed.

There's no point in speculating until we have all of JT's deposition, any other depositions made in the matter, and the statement of probate.

[This Boy]

So sorry for the incomplete upload. Here is page 2

[This Boy]

Bushinn1746 thank you so much for your thoughts and the additional information from The Gazette. Appreciated muchly Mark 🙏.

Do you think the second page helps?

Horselydown86 likewise, thank you. Any opinions always welcome.

[horselydown86]

Unfortunately John Tennant's deposition doesn't address the question of beneficiaries.

Its purpose is to describe the process by which the witnesses understood that JM approved of the will and its execution and the significance of the marks (X) which can be seen on this register copy.

Here's the key part of the deposition:

... the said testator executed the said

Will on the day of the date thereof by making his

mark near to his name at the commencement thereof in

the Testimonium clause thereof and at the foot or end thereof

meaning and intending his said last mark for his final

execution of his said will as the same now appear theron

in the presence of me and of Thomas Pawson the other

subscribed witness thereto...


Tennant goes on to say that he read the will to the testator before JM executed the will and that JM:

...seemed thoroughly to understand and approve of the contents of his said Will...


All we know is that the court approved the process by which William Walker was named executor and granted the Administration to him.

What he did with the proceeds of the sale is unknown.

I wouldn't assume that anything untoward occurred.

It was clearly a rush to ensure the estate was taken care of (as it often was when incurable illnesses could strike suddenly).

Walker, Tennant and Pawson were probably trusted friends and well aware of JM's intentions for his descendants' benefit.

[This Boy]

Thank you so much for this explanation. Much appreciated.

[horselydown86]

...execution of his said will as the same now appear theron...

Typo correction - should be:  thereon