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  • Court of Chancery

    Hi,

    I've been doing research on a family during the 1850s and discovered a few cases with them involved that came before the Court of Chancery. In one case, a son of the family found himself opposed against his father. In another case another son opposed his father, mother and a third boy. He was of minor age and his "next friend" was the man living at the same address of the family. The first case is of a financial nature (I didn't get the file of the second case yet).

    I find this all highly curious. Was this a recurrent practice? Has anyone found something similar or read about it?

    Hope someone can help me somewhat.
    Hans

  • #2
    This was an all too common scenario in Victorian England, Hans. In my family tree I have at least 10 Chancery cases, some of which ran for up to 40 years. You only have to read Charles Dickens to appreciate what a money spinner they were for the legal profession.

    Sometimes people didn't like what was written in wills and tried to challenge their execution. Sometime the executor wasn't particularly bothered about adhering to the "tenor and effect" of the will and aggrieved beneficiaries of the will would challenge this in Chancery.
    Elizabeth
    Research Interests:
    England:Purkis, Stilwell, Quintrell, White (Surrey - Guildford), Jeffcoat, Bond, Alexander, Lamb, Newton (Lincolnshire, Stalybridge, London)
    Scotland:Richardson (Banffshire), Wishart (Kincardineshire), Johnston (Kincardineshire)

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    • #3
      I have a Chancery case which started in 1722 and finally ended in 1799. The dispute was over ONE FIELD and they presented family tree evidence going back to the 1400s.

      In the end, they were granted half the field each......I would love to know how much that lot cost.

      OC

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      • #4
        Where do you find the Chancery records please?

        Tora

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        • #5
          Tora

          There are some in TNA but it is very difficult to search them - I've never had any success. The ones I have have always been in the family papers or manorial records, in the relevant Records Office and I have come upon them by chance, not by specific search.

          OC

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          • #6
            OC thanks for your reply.

            Hans, thanks for your PM.

            Will look further and hope.

            Tora

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            • #7
              TNA will hold whatever survives, but tracking a case is notoriously difficult, they are not always indexed in the ways you might expect.

              Susan Moore is the professional researcher who is known for a specialism of chancery records - and she has a published a good book on the subject:

              Last edited by AntonyM; 11-08-15, 11:14.
              Retired professional researcher, and ex- deputy registrar, now based in Worcestershire. Happy to give any help or advice I can ( especially on matters of civil registration) - contact via PM or my website www.chalfontresearch.co.uk
              Follow me on Twittter @ChalfontR

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              • #8
                Antony M thanks you for that link, will think about it.

                Tora

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