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Thread: No will, What would happen?

  1. #1
    Member vikki brace's Avatar
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    No will, What would happen?

    I am trying to locate a will for a John Dawson in Lincolnshire (c1818), with no sucess as yet, he died age 75 with at least 3 children.

    If no will was made what would happen to his property? and personal effects? Did they have such a thing as next of kin or could anyone apply for letters of Admon (is that the right term?)

    Thanks
    Vikki -
    Researching Titchmarsh and Tushingham

  2. #2
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    It would be the next of kin, yes.
    KiteRunner

    Every five years or so I look back on my life and I have a good... laugh"
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    Member vikki brace's Avatar
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    So would that have been his eldest child? or sibling? I think his wife was already dead

    and if someone did apply for Admon, would there be a record of this somewhere?
    Last edited by vikki brace; 25-02-08 at 16:03.
    Vikki -
    Researching Titchmarsh and Tushingham

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    Moderator Jill on the A272's Avatar
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    The Administration(Admon for short) would appear in the Probate calendars held at the offices in High Holborn, London (some county record offices have them on microfiche). The actual documents rarely have any more details than appear in the Probate calendars. This is for wills post 1858. before that date county archives may be able to help
    Last edited by Jill on the A272; 25-02-08 at 16:25. Reason: dates

  5. #5
    Kate

    It isn't ONLY next of kin who can apply for admon, in my experience.

    I have a chap dying in 1729. Admon was not applied for until 1739. He had taken himself a young wife shortly before his death and she appears to have carried on his business as a miller.

    Admon was applied for in 1739 by the deceased's eldest son and the local Vicar!! Reading between the lines, she was not prepared to give up what was "hers" without a fight, but the appearance of her bastard child seems to have sparked off the admon.

    She remarried hurriedly, I assume to the father of the child, and further admon was granted to her new husband as well as the Vicar and the eldest son of the first marriage.

    This really made me laugh. Can you imagine the fury in that family for ten years, when they couldn't force her to give up the mill? And her own fury when she realised she'd slipped up and could no longer play the demure grieving widow.

    Although the admon didn't tell me WHAT happened to his effects, it was well worth £3.50 for the amusement value alone!

    OC

  6. #6
    Member vikki brace's Avatar
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    So basically anyone could have done it!!!

    Thanks Jill - but it was in 1818 (or there abouts) so won't be at Holborn, unfortunatly.
    Vikki -
    Researching Titchmarsh and Tushingham

  7. #7
    Member Little Nell's Avatar
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    Don't know about 1818 but when my uncle died intestate, his 3 brothers divided the proceeds. I had to go to a solicitors in London to swear (as in commissioners for oaths) that my uncles were my uncles and my father was my father. Which was rather silly, because if we were involved in a scam I could have told a porky - no proof was required. The solicitor charged £5 to hear this (1977ish) and told me to sign my full name. I did, but argued that it wasn't my normal signature.
    ~ with love from Little Nell~
    Chowns, Dunt, Emms, Mealing, Purvey & Smoothy

  8. #8
    There are quite detailed rules about who inherits from an intestacy - but they require equal distributions amongst the entitled parties, according to their closeness.

    It's years since I had to know this, so I'm certainly open to correction, but I think it's approx:
    • If married, no children - goes to wife
    • If married, with children - part (?half) to the wife in trust, the remainder to the children in equal shares.
    • If any of the children have died leaving children, then those children inherit in their parent's place (per stirpes, is the expression engraved in my memory, correctly or otherwise)

    In the absence of wife and children, then it starts going upwards and sideways, with similar rules.

    Christine
    Researching: BENNETT (Leics/Birmingham-ish) - incl. Leonard BENNETT in Detroit & Florida ; WARR/WOR, STRATFORD & GARDNER/GARNAR (Oxon); CHRISTMAS, RUSSELL, PAFOOT/PAFFORD (Hants); BIGWOOD, HAYLER/HAILOR (Sussex); LANCASTER (Beds, Berks, Wilts) - plus - COCKS (Spitalfields, Liverpool, Plymouth); RUSE/ROWSE, TREMEER, WADLIN(G)/WADLETON (Devonport, E Cornwall); GOULD (S Devon); CHAPMAN, HALL/HOLE, HORN (N Devon); BARRON, SCANTLEBURY (Mevagissey)...

  9. #9
    Christine

    In 1818 the rules were different - married women could not inherit under intestacy rules and a portion was usually set aside for her modest needs as long as she lived. The Church often took a good part of the money.

    However, I have discovered that most of my ancestors disposed of virtually everything BEFORE they made their wills (or not, as the case may be!) and there was little left for the distribution.

    Also in counties such as Cornwall and Lancashire, intestacy means that the Duchies of Cornwall and Lancashire (Prince Charles now) get a whacking HALF of anything left.

    I don't know if Lincolnshire had a similar intestacy "tax" via the Crown or the church.

    (I also wonder how many "intestacies" are the result of someone finding a will, not liking it and burning it because they stood to receive more under intestacy than under the terms of the will!)

    OC

  10. #10
    Thanks, OC.

    Of course! I was thinking too modern; women were just chattels, themselves, at that stage.

    Christine

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