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Spinster beneficiary died, what happened to her share?

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  • Spinster beneficiary died, what happened to her share?

    I have just received a will written in 1926 by Emma.

    Amongst the people mentioned is the Emma's niece, Selina Garner (she was a spinster). Selina was only 6 years younger than her Auntie.

    Selina died in February 1929.

    A codicil was written to the will in April 1929 just to say that the Executors get £5 each and that someone else can have the jewellery.

    There is no mention of Selina's share or what should happen to that, and neither is there any mention in the main part of the will as to what should happen if one of the beneficiaries should die. (There were 11 beneficiaries)

    So, what would have happened to Selina? Would her share have gone to the people mentioned in her will?

    Emma died in March 1931, so a couple of years later.

    Thanks

    Remembering: Cuthbert Gregory 1889 - 1916, George Arnold Connelly 1886 - 1917, Thomas Lowe Davenport 1890 - 1917, Roland Davenport Farmer 1885 - 1916, William Davenport Sheffield 1879 - 1915, Cuthbert Gregory 1918 - 1944

  • #2
    Should add that Emma would have known that Selina died as they lived in the same small village, and I presume that if she was sane enough to write a codical to her will that she was sane enough to have known about her niece.

    (That isn't meant to sound "horrible" in any way and apologies if it offends.)

    Remembering: Cuthbert Gregory 1889 - 1916, George Arnold Connelly 1886 - 1917, Thomas Lowe Davenport 1890 - 1917, Roland Davenport Farmer 1885 - 1916, William Davenport Sheffield 1879 - 1915, Cuthbert Gregory 1918 - 1944

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    • #3
      As she pre-deceased Emma then Selina's share should have gone back into the pot i.e. executors would have ignored the fact she should have received anything. Selina's heirs would only have a right to it of the Will specifically stated "Selina.... and her heir or heirs"

      If Emma had died first and then Selina shortly after, Selina is assumed to have received her share (even if practicalities of the estate means she hasn't actually got teh money yet) from Emma and then it passes to her heirs.


      Of course, it's up to the discretion of the executors as well, who may have decided that Selina's heirs should have Selina's share even if the Will didn't specify this
      Zoe in London

      Cio che Dio vuole, io voglio ~ What God wills, I will

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      • #4
        Thanks Zoe - the will doesn't mention what would happen if anybody predeceased Emma, and although I haven't got Selina's will (I will presume she had one) I would imagine that it mentions mostly the same people as Emma's as neither of them had any children.

        Thanks again,

        Remembering: Cuthbert Gregory 1889 - 1916, George Arnold Connelly 1886 - 1917, Thomas Lowe Davenport 1890 - 1917, Roland Davenport Farmer 1885 - 1916, William Davenport Sheffield 1879 - 1915, Cuthbert Gregory 1918 - 1944

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