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  • chancery cases

    can anyone tell me about chancery cases, and if they have had any experience accessing them? i was told today an ancestor is believed to have fought with his father, been disinherited and money went to chancery. a family member said they had found evidence of the case, but did not give any information on it. i know the national archives have started to index them, but so far i can't see anything helpful on the site. any help would be appreciated. the date would be 1830's, as the ancestor in question arrived in new south wales in 1838. nothing asides from his parents names are known. no idea of siblings etc and no evidence of a birth around 1818.

    story goes he did something serious, and was exiled with a pension provided he never came home to england. upon arrival in australia, he burned the papers and bank book in a fit of anger and decided to have nothing to do with his family. this doesn't sound like it would have anything to do with a chancery case though?

  • #2
    I have a couple of cases but they were easy to find in the NA catalogue by name. Both related to probate. One where the will had been proved but the Executors had not carried out their duties by a few years later. The second was where the Executor refused to have the will proved and a creditor made application to force the issue.

    Have you tried putting names in the London Gazette archive? Both of my cases were also mentioned in the Gazette notices under 'PURSUANT to an Order of the High Court of Chancery, made in the matter of .....', or something similar, so were easy to identify.

    Also have you seen the NA guide? http://www.nationalarchives.gov.uk/r...-from-1558.htm
    and a Podcast? http://media.nationalarchives.gov.uk...rt-of-justice/

    Chris
    Last edited by Chris in Sussex; 02-08-12, 18:32.
    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.

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    • #3
      Have you traced the Will? When did he die, when was probate granted?

      Taking action in the Chancery Court was extremely expensive and could take many many years - i have one in the 1700s which took 79 years to be resolved, by which time it was the grandsons of the two original complainants who were pursuing the cause.

      OC

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      • #4
        And even if you find something in the TNA Catalogue, not all documents relating to the case are necessarily indexed.
        The National Archives, Kew – Research Service Offered
        Contact me via PM on Family Tree Forum or via my personal website - www.militaryandfamilyresearch.co.uk

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        • #5
          yes i have read through the information on the archives site, and they did make it clear not all the records pertaining to one case were kept together. i have not found anything at all by searching on the archives, so i can only conclude i don't have enough information to find what i want of that they have not indexed the case yet.

          i don't when the man in question died. i only have his name and wife's name from the marriage certificate of their son in victoria 1860. the man who came here was supposedly born around 1818 in lewes, sussex. i can't find evidence of his birth to see if the names match, and there is nothing on the igi for the parents marriage, census or way of burials for the parents at all. the lady who did the research just claimed the money is still in the bank of england, and would take a fortune to prove who it belonged to. she didn't say anything about the case, and this could open up the entire family line if we could find it.

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          • #6
            the only other thing i know of the family in general is they were supposedly a gentry family, and are said to have had property in petticoat lane and the strand. though i could not find anything on the ancestry land tax or electoral rolls indexes.

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            • #7
              What was his name and his fathers name?
              The National Archives, Kew – Research Service Offered
              Contact me via PM on Family Tree Forum or via my personal website - www.militaryandfamilyresearch.co.uk

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              • #8
                edward alfred bailey (b.1818, lewes sussex. d.1894, carlton, vic.) emm.1838, parents edward inskip bailey 'gentleman' and caroline inskip, rumoured to be first cousins. that rumour seems to be from a lost family bible.

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                • #9
                  I have searched the Sussex Marriage Index and can find no Bailey/Inskip marriage. (There is a marriage for a Caroline Inskipp of St Clement [Hastings?] in 1833 at Fairlight to Charles Thorpe).

                  Drawn a blank on the Sussex Family history Group database for Edward Alfred Bailey & Edward Inskip Bailey.

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                  • #10
                    as do i. i am wondering if he was born there at all. or born there but baptised elsewhere. or 'lewes' has been mistaken for another town. but the myths are adamant he was from sussex.

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