Author Topic: Intestate estate in the early 1800s and a mother and 3 sisters beneficiaries.  (Read 182 times)

Offline karen58

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Does anyone know how an intestate estate would be divided up if the beneficiaries are women.

The situation is: in 1706, Thomas Booth, a 3 year old, was to inherited 3 properties from his father when he attained the age of 21. This was the whole of his father's estate.

It was 2 messuages, Tame water & Woods, and land called Dungbooths.

He had 3 sisters, Ann Sarah & Mary and a mother, Mary Shaw.

Thomas' father's will stipulated that Thomas was to pay his mother, Mary Shaw, 130 pounds when he took possession of his inheritance.

Thomas' father's will also stipulated that his children be brought up at Tame water.

The mother, Mary Shaw, remarried a man named Thomas Platt, who owned 3 closes of land at Tame water.

Thomas Platt died 03 May 1722 and left his land at Tame water to Thomas Booth in his will of Apr 1722. Thomas Platt's probate was granted in Oct 1722.

Mary Shaw got the rest of Thomas Platt's estate in his will until their son's reached minority.

Thomas Booth died 24 Apr 1722 intestate when he was 19 years old. So he would not have received his inheritance from his father or the Tame water inheritance from his stepfather, Thomas Platt.

His burial register referred to him as a Batchelor de Tamewater so I'm assuming he had no legal offspring.

His eldest sister, Ann, was granted the Admon in Apr 1724 and her husband John, a yeoman from a different county, was the bondsman.

Very shortly after Ann and John settled at Tame water and had children there. In John's will he left Tame water and Dungbooths to his sons.

In 1730, Mary Shaw, the mother, bequeathed a two thirds moiety of Woods to her sons from her second marriage. I don't know who owned the remaining one third.

Mary Shaw did not mention Tame water in her will. Of course she may have gained some land at Tame water from the admon and disposed of it some time before she died.

Still, it seems to me that Ann and John got the lions share of the estate. I would have expected Mary Shaw to as she was the mother/wife. She had lived at Tame water since 1693 and shouldn't she have received the 130 pounds.

I'm confident that Tame water was the better estate, it was definitely larger and the River Thame ran through it.

Interestingly, Mary Shaw does not mention Ann in her will but provides for her other daughters Mary and Sarah. I wonder if there was a rift between Ann and Mary Shaw over Tame water.

Perhaps I am making to much of this.

How were decisions made in the case of an intestate estate regarding who gets what, especially if there were no male heirs.

Many thanks Karen



Platts & Scholefields; Saddleworth
Winterbottoms; Saddleworth and Huddersfield
Pitchforths; Halifax and Huddersfield

Offline Marmalady

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Re: Intestate estate in the early 1800s and a mother and 3 sisters beneficiaries.
« Reply #1 on: Tuesday 06 January 26 10:20 GMT (UK) »
Go back to his father's will
There is usually a clause " if x should die before attaining his majority" then "this" should happen to the estate -- such as it could revert entirely to the mother, or go to one of the daughters or be split between the daughters  etc

Under present day Intestacy rules, I think the mother would inherit it all -- but I don't know whether this applied back in the 1700s
Wainwright - Yorkshire
Whitney - Herefordshire
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Offline karen58

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Re: Intestate estate in the early 1800s and a mother and 3 sisters beneficiaries.
« Reply #2 on: Tuesday 06 January 26 21:28 GMT (UK) »
Hi Marmalady

I checked the will and there is no alternative provision clauses regarding Thomas' inheritance. But I was mistaken. Thomas could have half of Tame Water when he turned 16. Extract of the will below:

'Item all the most of my Goods & Catells I leave unto Mary
my wife and also my land until my Son Thomas comes to Twenty one years of Age
and also my Tenement lying and being at Tamewater until my son Thomas
Booth com to the Age of Sixteen years and then hee to enter upon the one half
of my Tenement'

Is this unusual? I thought that at this time, the established legal age of majority was 21 and the estate would be managed by a guardian until the heir reached majority.

Nothing in the will directs what happens to the other half of Tame Water once Thomas turned 16, so I'm assuming it was Mary Shaw's until Thomas turned 21.


Platts & Scholefields; Saddleworth
Winterbottoms; Saddleworth and Huddersfield
Pitchforths; Halifax and Huddersfield

Offline Marmalady

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Re: Intestate estate in the early 1800s and a mother and 3 sisters beneficiaries.
« Reply #3 on: Tuesday 06 January 26 23:40 GMT (UK) »
Everything is left to wife Mary until son Thomas turns 21
He never reached 21, so Mary retains everything except the half of Tame Water that Thomas got at age 16.
And if the intestacy rules were the same back then as they are now, that half would revert back to Mary as well.
Wainwright - Yorkshire
Whitney - Herefordshire
Watson -  Northamptonshire
Trant - Yorkshire
Helps - all
Needham - Derbyshire
Waterhouse - Derbyshire
Northing - all


Offline karen58

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Hi Marmalady

That is what I would have thought. Then how did Ann get Tame Water and Dungbooths while Mary Shaw only had a Moiety of Woods?
Platts & Scholefields; Saddleworth
Winterbottoms; Saddleworth and Huddersfield
Pitchforths; Halifax and Huddersfield

Offline Marmalady

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Hi Marmalady

Then how did Ann get Tame Water and Dungbooths while Mary Shaw only had a Moiety of Woods?

Could be any number of reasons:
Given to Ann & husband as part of marriage settlement
Ann & husband bought the estate off Mary
Given to Ann as her share of the inheritance during Mary's lifetime --hence why no mention of Ann in Mary's will

You may never know all the ins and outs of the property ownership / transfer amongst the family
Wainwright - Yorkshire
Whitney - Herefordshire
Watson -  Northamptonshire
Trant - Yorkshire
Helps - all
Needham - Derbyshire
Waterhouse - Derbyshire
Northing - all