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Will - Unusual use of EXECUTOR & TRUSTEE

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  • Will - Unusual use of EXECUTOR & TRUSTEE

    I have a very unusual (to me at anyrate !) ending to a will.

    The testator appoints his wife as Executrix and then, after signing it, appoints his brother as Trustee.

    Is he just appointing his wife (note he does not call her his dear wife ! ) as executor for chattels , but nominating his brother to look the farmland side of things during the minority of his son which presumeably will go through the manorial court system rather than the church ?

    "I Do Give and bequeath unto my wife Martha Wood whom I make sole Executrix of this my last Will ....... In witness thereof I the Said Robert Wood have hereunto Sett my hand and Seal this Second Day of march in the year of our Lord One Thousand Seven Hundred and Forty Eight [ 2nd March 1749 (NS) ] AND I do nominate and appoint My Brother Thomas Wood trustee of the my Last Will and Testament
    Signed Sealed and Declared by the Said Robert Wood to be his last Will...."

    I'm more used to City of London wills and this is a new one on me !
    Thanks

  • #2
    If he left everything to Martha I'm not sure what Thomas was trustee of? Perhaps he thought Thomas was a better business person than Martha?
    ~ with love from Little Nell~
    Chowns, Dunt, Emms, Mealing, Purvey & Smoothy

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    • #3
      Thanks Little Nell

      You have the point .The will clearly identifies certain specific legacies and it leaves, unconditionally except for a re -marriage clause (which is unusually favourable to Martha) , everything to her. Appointing her as Executor (or rather Executrix) makes good practical and legal sense.
      She becomes thus the trustee herself of all her deceased husbands estate that can be passed by this will .
      Her husband makes it very clear in the will " my Executrix hereinafter named " and "whom I make sole Executrix " that Martha is the only person to act, so why this clause appointing a trustee (singular ) added ? It looks almost as if it's an afterthought.

      Acting via a proctor she she was appointed as Executrix . So she became sole trustee of the estate in the will

      So why did the will nominate a trustee - the testators brother, another party not even mentioned in the will ? For what purpose ?
      It's the term trustee in the context of this mid eighteenth century will that I out of my depth on .

      Was this a mistake of the testator ? Was he trying to add an instruction (inappropriately) to nominate his brother as trustee of his son , who was under age , at the manorial court ? The system at this time was such that most land rights could not be passed by a will. Copyholds and or even freehold lands had to be dealt with separately by a manorial court and land rights were normally not in the gift of the possessor on death , but only passed on by local or manorial custom.

      Perhaps the legal meanings are Executor/trix - deals with the property disposed of by the will and is the concern of the church court
      Trustee may be the person nominated to the manorial court to maintain the rights and act for an underage heir of land rights .

      But I'm out of my depth on this completely !

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