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Farmers' Wills - advice

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  • Farmers' Wills - advice

    I have finally received the will of Thomas Newton of Braceby who died in 1804.

    It is fairly short and to the point:

    He had 5 sons, 4 of whom were surviving at his death.

    The eldest, Thomas, he leaves £10.
    The next, William, he leaves £5.
    The youngest, Joseph, he leaves £5.

    Now the interesting part:

    "And I do forgive my said three Sons respectively all and every such Sum and Sums of Money as they may respectively owe to me at the Time of my Death on any Security or Securities whatsoever All My Moneys and all the rest and residue of my securities for Money Goods Chattles and Personal Estate and Effects of what Nature or kindsoever and wheresoever I give and bequeath to my Son John Newton whom I constitute and appoint sole Executor of this my last Will"

    John Newton was the third son, and OH's 3xgt grandfather.

    The part at the bottom was incomplete on my photocopy because of the binding, but an employee at the Archives dug it out and told me what it said.

    Basically, "the personal effects of the Testator did not at the time of his death amount in value to £600".

    My question:

    Thomas Newton was a farmer.
    No land is mentioned, or any other belongings.

    Does this mean that he was a tenant farmer and not a land owner?
    Or could he still have owned land?

    I remember a thread some time ago, where OC commented on farmers and their wills.

    How can I discover about his farming activities? This is new territory for me!
    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)

  • #2
    Was he definitely still farming when he died, or could it be that he had already passed the farm on to one or more of his sons? I think all the farmers' wills that I have, mention the land and include land that they were leasing as well as land that they owned outright, so it seems unusual to me.
    KiteRunner

    Every five years or so I look back on my life and I have a good... laugh"
    (Indigo Girls, "Watershed")

    Comment


    • #3
      From the will, I got the impression that the eldest son Thomas and the other two might already have received substantial help from Thomas senior, and that is why the rest went to John.

      However, there is no sign of Thomas Newton the younger at any time in Braceby - no death, no marriage, no children, so I had thought that he might have moved away prior to Thomas senior's death.

      £600 seems a lot of money in 1804 for an ag lab or the like!
      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)

      Comment


      • #4
        Elizabeth

        Like you...Reading it I would say that Thomas, William and Joseph had already received monies during their father's lifetime. He was giving them 'nominal' bequests to ensure they couldn't challenge the will when he left everything else to John.

        My solicitor suggested I leave £1 in my will to ensure the ex couldn't claim I had forgotten to mention him and I had really meant to leave him something more substantial....As if

        As for the £600.....This was "the personal effects of the Testator did not at the time of his death amount in value to £600".......So his estate could have been valued at a lot less than £600 especially if he had already given the bulk of it away, before death, to the three sons.
        Last edited by Chris in Sussex; 12-06-08, 15:49.
        Avatar....My darling mum, Irene June Robinson nee Pearson 1931-2019.

        'Take nothing on its looks, take everything on evidence. There is no better rule' Charles Dickens, Great Expectations.

        Comment


        • #5
          The land doesn't have to be mentioned specifically - it would have been included in the residue (everything apart from the specific bequests).

          Comment


          • #6
            Chris and Mary, thanks for your input. It helps getting other peoples' input in case I miss something!

            What records do I look at to find if Thomas or any of the family were landowners? I haven't had farmers to research before.
            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)

            Comment


            • #7
              You could try the National Archives. You might find a lease, deed of sale, or something similar.

              Comment


              • #8
                Thanks, Mary. I'll look there, and I might also e-mail Lincolnshire Archives to see what they suggest.
                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)

                Comment


                • #9
                  Scuse me! His personal estate is nothing to do with his real estate, which is dealt with separately under the laws of either primogeniture (if he owned the land and buildings) or the tenancy laws, in which he would either have been a lifetime tenant, or a copyhold tenant, in which case he would have named the person to whom the tenancy would pass on his death.

                  If you can track down tithe maps for the area, they will tell you whether he owned or tenanted the land and buildings. If he was a tenant, you will then have the landowner's name which will help to track down the tenancy agreement and type.

                  I have about two dozen farmer's wills, all dating 1700s/1800s and they never mention the land or the farm or the farm buildings. Mind you, mine were in Lancashire and Cheshire, but I assume the laws were the same all over England at that time.

                  OC

                  Comment


                  • #10
                    Strange, because like I said, I'm sure all or nearly all of mine do. I'll have to look some of them out...
                    KiteRunner

                    Every five years or so I look back on my life and I have a good... laugh"
                    (Indigo Girls, "Watershed")

                    Comment


                    • #11
                      I thought - with OC - that land wasn't mentioned in wills.... unless you wished to leave it in any other way than in the normal forms of inheritance. You will see from time to time in manorial records that someone leaves land they hold from the manor "to the uses of my will" and when they died the will would be quoted verbatim so far as it related to land.

                      The under £600 would refer to Estate Duty, which came in in the 1790s. I assume it meant over £500, as examples I have seen are all in round hundreds.
                      Phoenix - with charred feathers
                      Researching Skillings from Norfolk, Sworn from Salisbury and Adams in Malborough, Devon.

                      Comment


                      • #12
                        OC - Many thanks, as I remember vaguely this discussion before in another thread!

                        Now I know better where to look. I knew there must be another source, so I think I need another long w/e in Lincoln. I'll also e-mail the village:

                        BRACEBY VILLAGE - LINCOLNSHIRE

                        Do look at this website - I know it's a tiny village but if anyone has ancestors from there it's a gem!
                        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)

                        Comment


                        • #13
                          The wills I've got are a mixture - some mention land and some don't. Maybe it depends on the date?
                          I'm currently transcribing one dated 1805 which certainly mentions land and dwellinghouses (left to the wife during her lifetime and thereafter to the only child, a daughter).

                          Comment


                          • #14
                            By the way, Lincolnshire Archives didn't have some of the information we needed as the village still holds the records. We went twice to the village and the second time we were lucky enough to be directed to the house of the lady (churchwarden) holding the records. We went into her cottage and she was able to give me all the baptisms etc of John Newton's children! (Which are not available elsewhere as the registers are still in use - the church only opens twice a month for services).
                            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)

                            Comment


                            • #15
                              Mary

                              Perhaps the will you have which mentions land is because it was being left to the wife and then to the daughter?

                              If no mention had been made, then the land would have gone to the deceased's nearest male relative, as the laws of inheritance operated by default and women could not inherit property by those laws (although they could if the land was actually willed to them).

                              I have just had a quick riffle through my wills and I do have ONE which mentions land and buildings - although not the farm on which the family lived and owned for centuries. These lands and dwellings appear to be old dower lands held by the family for centuries and the will is passing on the land and buildings in accordance with the ancient terms of the dowry.

                              OC

                              Comment


                              • #16
                                OC, this is a case in point where your knowledge and experience are greatly appreciated.

                                I have an ancestor in Alverstoke who had "messuages" and was obviously a property owner, but no farmers. His will (prior to 1800) mentioned his property and to whom he was leaving it.

                                As it is such a small village I should be able to find some information. I wish I could just trace the brothers - i.e Thomas and Joseph, as William died in 1812 and was buried in Braceby. However, his grave does not survive although the grave of his parents and brother Edward (all together) does.
                                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)

                                Comment


                                • #17
                                  Elizabeth

                                  I must emphasise that all my farmers lived in either Lancashire or Cheshire. In Lancashire, certainly, if there was no direct male heir,(that is, a legitimate son) then the lands etc went to the Duchy of Lancaster, although they could not touch personal estate and goods and chattels, unless the person died intestate, in which case the Duchy got the lot, usually making a small grace and favour allowance for the widow.

                                  That is why so many people left wills in Lancashire!

                                  Other counties may have had similar quirky laws, but I have no experience of them.

                                  OC

                                  Comment


                                  • #18
                                    OC - Thanks for that information. Tomorrow I will phone Lincolnshire Archives and ask them what information they might hold.

                                    I will also contact the church warden in Braceby as she told us that she had done a lot of local history (as opposed to family history) and she might be able to tell me what sources are available.

                                    However, John is the only one I have found in Braceby or nearby.

                                    The eldest son was THOMAS and I haven't been able to trace him. There is no trace of him in the Braceby area.

                                    Of the five sons, the only one I can find (in the area) is OH's John.

                                    Edward died. William died in 1812. Thomas and Joseph I cannot trace.
                                    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)

                                    Comment


                                    • #19
                                      Originally posted by Olde Crone Holden View Post
                                      Elizabeth

                                      I must emphasise that all my farmers lived in either Lancashire or Cheshire. In Lancashire, certainly, if there was no direct male heir,(that is, a legitimate son) then the lands etc went to the Duchy of Lancaster, although they could not touch personal estate and goods and chattels, unless the person died intestate, in which case the Duchy got the lot, usually making a small grace and favour allowance for the widow.

                                      That is why so many people left wills in Lancashire!

                                      Other counties may have had similar quirky laws, but I have no experience of them.

                                      OC



                                      Interestting OC............would that be why my Lancashire wills seem to give a lot more land and buildings to daughters than wills from other counties??

                                      Comment


                                      • #20
                                        Libby

                                        Dower land was almost exclusively left to daughters (well, it had to be). A man could administer the dower lands on behalf of his wife or sister or mother or whatever, but he could neither dispose of them nor will them in any other way than that of the original dowry agreement.

                                        Some of these dowry agreements are of great antiquity. I have one I can trace from the original marriage settlement in 1262, right up to 1899! The rent was still the same in 1899 as the original agreement in 1262 - 2 sharp arrows and one red rose on the feast of St Stephen.

                                        OC

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