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  • Confusion regarding Will

    First, the facts as I know them -

    My ggpa died 1928, ggma died 1940

    Among my gma's papers was an undated document entitled:
    ESTATES of Mr & Mrs GILPIN
    EXECUTOR'S ACCOUNT

    The final item reads:
    One fourth of above balance £1225.18.0 £306. 9. 6
    Gpa had 4 siblings, one of whom died 1930, I assume the 4 surviving brothers shared the inheritance.

    A credit item listed is:
    Sale of 11 Wolbro' Street £1000.0.0
    (Gma died at 11 Wolborough Street in 1940)
    Therefore the a/c was issued after ggma’s death

    However ...
    Generous Jill located ggma’s will for me, it reads:

    1940 Ellen Gilpin of 11 Wolborough Street Newton Abbott Devonshire widow died 26 November 1940 Probate Llandudno 20 December to Tom Henry Gilpin retired civil servant Effects £72 18s
    (Tom was eldest son)

    ????????
    Can anyone enlighten me, please
    Bridget

  • #2
    Well, if you have the dates right, and the Gilpins didn't sell the house BEFORE they died, then all that was left after Ellen died was £72!

    She may have given the money away.

    Alternatively, if the house was sold after her death, maybe she didn't own it anymore, or the proceeds went towards clearing other debts.

    OC

    Comment


    • #3
      But surely the Executor's a/c would have been created after death?
      I have death certs for both of them ... I need to know what ggpa's will said!
      Bridget

      Comment


      • #4
        Right, another thought is that Mr Gilpin died intestate!

        Therefore his wife would get one half of his estate IF the children were under 21 and the rest would be divided between the children equally.

        If (and when) the children were over 21, then the wife and the children would each get an equal share of his estate. They may have agreed to let their mother stay in the house until her death.

        Thus at death, Ellen Gilpin only owned a portion of the house (one fourth) and that is all that would be included in her probated estate.

        Does that sound likely?

        OC

        Comment


        • #5
          The 5 children were born 1874-1885 so were all over 21 when their dad died. One died 1930 the remaining 4 boys outlived their parents.

          (The house was sold for £1000) So 1/4 would have been £250 (by the debits on the Executors a/c) there seems to be a large deficit if she only left £72.

          Thanks very much OC for trying to figure this out!
          Bridget

          Comment


          • #6
            But there may have been a mortgage to pay off, or other debts/bequests etc.

            Unfortunately, Executors are not required to provide detailed accounts, merely accounts which add up.

            The law recognises that not every one has accounting experience, although if professional executors were employed, I would expect every penny to be detailed.

            OC

            Comment


            • #7
              Perhaps the house was left in trust to the four surviving sons, with the proviso that their mother be allowed to continue to live there, and then for it to be sold and the proceeds shared after her death. If this as the case then all she would have had to leave in her will was personal property and/or savings rather than the house.

              This situation has recently arisen in our family. Uncle died in 2000 but the house was only sold this year and the proceeds shared according to his will after auntie's death.
              Last edited by JudithM; 02-09-08, 21:25.
              Judith passed away in October 2018

              Comment


              • #8
                I think you need to look for a will for your great grandfather. If he died in 1928, and left his estate as Judith suggests, which was what I thought too, then it ought to have been divided in FIVE. When the sibling died in 1930, his share ought to have gone to his heirs. Now while that may well have been his other siblings if he died intestate, it is not the way it SHOULD have been treated.

                Having said that, while an executor is required to produce accounts if requested of them, they may well take short cuts if everyone was in agreement.
                Phoenix - with charred feathers
                Researching Skillings from Norfolk, Sworn from Salisbury and Adams in Malborough, Devon.

                Comment


                • #9
                  Thank you Judith & Phoenix for adding your inout.

                  Gpa's sister, who died 1930 was unmarried, so her share could well have gone to her brothers.

                  As the document I hold is headed "Estates of Mr & Mrs Gilpin" I would have expected to see ggma's assets included.

                  As well as finding ggpa's will, it would help to see the M.I. - my document reads
                  'Crossman Gravestone £4.15.0' (gravestone is singular ...) Anyone near Newton Abbot? ;)

                  But document also says
                  'Mr Neck's costs @ disbursements, proving Will, etc' (again, Will is singular)

                  Another thought .... final debit & credit entries read
                  'Mr Neck's Costs @ disbursements Conveyance £20 13.0'
                  'From Frank Gilpin, part costs, Conveyance £10.0.0'

                  Was the conveyance for the recent sale of the house, why did Frank pay nearly half?
                  Bridget

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