An extraordinary will

[Peter Evans]

I have just received (by return of post - well done the Birmingham Probate Office) the will of James Malt, a clock-maker of Wisbech, who died in 1895. As he married a relative of mine, Eliza Malt (sic), I was interested to find out whether he was previously related to her and so I was hopeful that his will would refer to his family. However, the will gave nothing away but it contained this extraordinary injunction:

".... it is my wish that Mrs Emma Neville [his housekeeper] should receive all moneys [about £1,000] and pay off all debts and that not a shilling or a shilling's worth of goods or money should be given to any person by the name of Malt or to any person that ever had the name of Malt ... ".

I am not very familiar with wills (too many ag labs in my line) but this does seem very odd. I also wonder whether it was strictly legal since his wife, Eliza, was still alive (though living elsewhere) and she might have a claim on the property. Has anyone else seen the like?

Peter

[Guest]

how fascinating hope somebody comes up with an answer

[BobbieZ]

Sounds like he was not getting along with his wife! By naming her (giving her surname), he essentially cut her out of his estate (I think).
My uncle did something similar-- he named his three grown children and said in his will that he had provided for them prior to their adulthood (thus he did not have to bequeath them part of his estate). Then he named his second wife and said that since she refused to live with him, all his property was to go to his brother!

[Olde Crone Holden]

In 1895, a wife was not automatically entitled to anything her husband left.

It has always been English law that a person can will their estate to whoever they wish, regardless of any "obligations" of blood or marriage - that's why we have a system of Wills.

OC

[Dave Malt]

I'm a new convert to this forum.

James was my 3 x great grandfather's elder brother by 5 years, so it looks like I'm out of the frame as well. My research into the Malts has now reached back to John Malt, born in Lakenheath in 1634. I have some bits missing, but with a bit more dilligent searching, no doubt I'll fill them in.

You wouldn't happen to know Eliza'a surname would you?

Dave

[PhotoFamily]

Hi, Dave -
Peter hasn't logged in for several months. You can send a Private Message by clicking on his ID. If his email address is still valid, it should reach him.

Welcome to FTF!

[margaretmarch]

I'm a new convert to this forum.

James was my 3 x great grandfather's elder brother by 5 years, so it looks like I'm out of the frame as well. My research into the Malts has now reached back to John Malt, born in Lakenheath in 1634. I have some bits missing, but with a bit more dilligent searching, no doubt I'll fill them in.

You wouldn't happen to know Eliza'a surname would you?

Dave

The way I read the first post in this thread is that Eliza's surname was Malt and the poster was trying to find how they were related - obviously nothing as recent as cousins but somewhere further back in their ancestry.

Margaret

[Anne in Carlisle]

I have something a little similar, although I don't have the exact wording to hand. My ggg grandfather who died in 1861 effectively cut his second wife out of anything except her personal effects ... and what's more he instructed three of his sons by his first wife (the executors) to make sure she left the family home/pub within three months of his death!

Anne