View Full Version : I'm stuck on some more words in a will. I've done most of it.......
Margaret in Burton
11-10-10, 13:54
Not sure if this Will is unusual. It's a woman's whose husband is still alive when it's written although he did die a year before her. She seems to own a lot of land, I thought all of a woman's property was passed to her husband on marriage.
There is also something about Intestate at the end. It's not helping me understand it when I'm missing some words.
Can anyone fill in some blanks.
(Merry, it's the wife of the one you did the other night) :o:o
I'll put my transcription in the next post.
Margaret in Burton
11-10-10, 13:55
Elizabeth Chaplin nee Green 1754 – 1825
WILL
In the name of God amen I Elizabeth Chaplin the now wife of Robert Chaplin of Monks Eleigh in the County of Suffolk gentleman being of sound and disposing mind memory and understanding do hereby in ….................. and …........... of the …......... and authority given and …............. to me in and by a certain …......... ….............. ….......... the thirty first day of January last past and made ….......... the said Robert Chaplin and me the said Elizabeth his wife by my addition therein mentioned of the one part and John Ansell of Hadleigh in the said county draper of the other part and of a fine levied in …............. of the said …........... and in …........... and ….................. of the ….................. and authority given and …................ to me in and by certain ….............sometime …....... made and passed by the said Robert Chaplin and myself of and comprising certain copyhold lands ….............. …................... and premises to the use of my will and by …........ and ….......... of all and every other …........... and authority and authorities in mw being or …............ me …............ make publish and …............ this my last Will and Testament in …......... and …............ following that is to say first …............. limit (?) appoint give and devise unto my youngest son Robert Chaplin all that freehold …........... or tenement situate in Lindsey …........... …............ in the County of Suffolk aforesaid with the buildings yards gardens orchards lands meadows pastures …............ and appurtenaces whatsoever to the same belonging or in …............ appertaining and now or late in the …........... of the said Robert Chaplin my husband George Harthing and also all and singular my copyhold lands …............ ….................... and premises …........... of the several manors of …......... and Linsey alias Lillesley with this and every of their rights ….................... and appurtenaces and all other my freehold and copyhold …............ and premises unto my said son Robert Chaplin his heirs and assigns for ever subject to the estate …............ …............. and interest ….......... my said husband has of in and to the freehold part of the aforesaid premises by …................. of the aforesaid ….......... and fine and I do hereby subject and …................ all and singular the said freehold and copyhold lands tenements …......... and premises to and with the payment of the sum of six hundred and …...... pounds of lawful money of Great Britain the same to be paid to my said son Robert Chaplin or his heirs executors administrators or ….......... within …............. calendar months next after my decease …............ I give and bequeath unto my son William Green Chaplin the sum of six hundred pounds to Mary Sark wife of Thomas Sark of Colchester of Essex …... dealer the sum of five pounds and to my said husbands wife Mrs Rachel Woodgate of Brent Eleigh in the said County of Suffolk the sum of five pounds and in last the said legacies or any or either of them or any part thereof respectively shall be in arrear or unpaid by the part of three calendar months next after the same shall become one and payable then it shall and may be lawful for …....... I do hereby authorize and empower my said son William Green Chaplin and the said two other legators or any or either of them as the ….......... may enquire …........... into and upon the said …............... lands tenements ….......... and premises ….......... therewith as aforesaid or any part thereof in the name of the …............ and to have hold use occupy possess and enjoy the same and receive and ….......... the rents …............... and profits thereof and also to ….............. and sell the effects found upon the said premises as in ….......... of rent in arrear until the …......... or that shall be fully paid and satisfied the said …................. or any or either of them together with legal interest for the same and all costs ….......... and expenses attending such entry and non payment and I do hereby nominate constitute and appoint my said husband and my said son Robert Chaplin executors of my last Will and Testament In witness here the said Elizabeth Chaplin have hereunto set my hand and seal seventeenth day of May in the year of our Lord one thousand eight hundred and sixteen – Elizabeth Chaplin – signed sealed published and declared they the said Elizabeth Chaplin the Testator as and for her last Will and Testament in the presence of us who in her presence at her request and in the presence of each other habe hereunto subscribed our names as witnesses – Rt Offord – Henry Offored – Desborough Walford all of ….......................
On the 3rd April 1826 admon with the Will ….......... of all and singular the goods chattels credits of Elizabeth Chaplin the before wife of Robert Chaplin late of Monks Eleigh in the Co. of Suffolk …................ …................... was granted to Robert Chaplin the natural lawful son surviving Exor named in the said Will having been first sworn by Canon …................. to admr William Green Chaplin the only other natural and lawful heir with the said Robert Chaplin the only ….......... who would …............. …................... in distribution to the personal estate effects of the ….............. ….......... in …............ she had died Intestate having first …............... as by …..................... of ….................. ….......................
Margaret in Burton
11-10-10, 13:56
http://i660.photobucket.com/albums/uu326/margharrison/ElizabethChaplinpage1-1.jpg
http://i660.photobucket.com/albums/uu326/margharrison/ElizabethChaplinpage2.jpg
http://i660.photobucket.com/albums/uu326/margharrison/ElizabethChaplinpage3-1.jpg
do hereby in ….................. and …........... of the …......... and authority given and …............. to me in
do hereby in pursuance and exerciseof the power and authority given and reserved to me in
a certain …......... ….............. ….......... the
a certain indenture bearing date the
made ….......... the said Robert Chaplin
made between the said Robert Chaplin
fine levied in …............. of the said
fine levied in persuance of the said
said …........... and in …........... and ….................. of
said indenture and in persuance and exercise of
Oooh, dear, I have to go out now! pmsl
Margaret in Burton
11-10-10, 15:13
:):)thank you:):)
the ….................. and authority given and …................ to me in and by certain ….............sometime …....... made and passed by the said Robert Chaplin
the power and authority given and reserved to me in and by certain surrenders sometime since made and passed by the said Robert Chaplin
Out again!
and myself of and comprising certain copyhold lands tenements hereditiments and premises to the use of my will and by faith and virtue of all and every other power and powers authority and authorities in my being or enabling me ....... make publish and declare this my last Will and Testament in manner and form following that is to say first I direct limit appoint give and devise unto my youngest son Robert Chaplin all that freehold messuage or tenement situate in Lindsey …........... …............ in the County of Suffolk aforesaid
with the buildings yards gardens orchards lands meadows pastures hereditaments and appurtenances whatsoever to the same belonging or in …............ appertaining and now or late in the …........... of the said Robert Chaplin my husband George Harthing and also all and singular my copyhold lands tenements hereditaments and premises …........... of the several manors of …......... and Linsey alias Lillesley with their and every of their rights ….................... and appurtenances and all other my freehold and copyhold lands tenements hereditaments and premises whatsoever and wheresoever to hold all and singular the said freehold and copyhold hereditaments and premises unto my said son Robert Chaplin his heirs and assigns for ever subject to the estate …............ title and interest ….......... my said husband has of in and to the freehold part of the aforesaid premises by virtue of the aforesaid indenture and fine and I do hereby subject and charge all and singular the said freehold and copyhold lands tenements hereditaments and premises to and with the payment of the sum of six hundred and ten pounds of lawful money of Great Britain the same to be paid by my said son Robert Chaplin
sorry I've still got some gaps! Those place names are a nightmare, but I guess that's a bit of research for later?!!
or his heirs executors administrators or assigns within twelve calendar months next after my decease Viz I give and bequeath unto my son William Green Chaplin the sum of six hundred pounds to Mary Sark wife of Thomas Sark of Colchester of Essex …... dealer the sum of five pounds and to my said husbands sister Mrs Rachel Woodgate of Brent Eleigh in the said County of Suffolk the sum of five pounds and in case the said legacies or any or either of them or any part thereof respectively shall be in arrears and unpaid by the part (??) of three calendar months next after the same shall become due and payable then it shall and may be lawful for and I do hereby authorize and empower my said son William Green Chaplin and the said two other legators or any or either of them as the case may require to enter into and upon the said messuage lands tenements hereditaments and premises so charged therewith as aforesaid or any part thereof in the name of the …............ and to have hold use occupy possess
and enjoy the same and receive and ….......... the rents issues and profits thereof and also to distrain and sell the effects found upon the said premises as in cases of rent in arrear until he she or they shall be fully paid and satisfied the said legacies or any or either of them together with legal interest for the same and all costs charges and expenses attending such entry and non payment and I do hereby nominate constitute and appoint my said husband and my said son Robert Chaplin executors of my last Will and Testament In witness whereof Ithe said Elizabeth Chaplin have hereunto set my hand and seal this seventeenth day of May in the year of our Lord one thousand eight hundred and sixteen – Elizabeth Chaplin – signed sealed published and declared by the said Elizabeth Chaplin the testatrix as and for her last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our names as witnesses – Rt Offord – Henry Offord – Desborough Walford all of …......................
On the 3rd April 1826 admon with the Will annexed of all and singular the goods chattels credits of Elizabeth Chaplin the heretofore wife of Robert Chaplin late of Monks Eleigh in the Co. of Suffolk
whoops - OH just asked where his dinner is - I thought we had already eaten it pmsl!!
Sorry I forgot the red bits!
…................ …................... was granted to Robert Chaplin the natural lawful son and surviving Exor named in the said Will having been first sworn by comon duly…to admr William Green Chaplin the only other natural and lawful child and with the said Robert Chaplin the only persons who would have been entitled in distribution to the personal estate and effects of the ….............. ….......... in case she had died Intestate having first consented as by acts of court appear
Margaret in Burton
11-10-10, 18:48
Thanks Merry
Going back to #1
Am I wrong in being confused as to why she seems to own all of this land? Should it not all have gone to her husband on marriage? This will was made when her husband was still alive obviously.
You need to ask OC about dowery money, I think......
And some married woman in Libby's tree had her will quashed because she wasn't allowed to make one (so I don't know what is different here?)
Margaret in Burton
11-10-10, 19:07
OK, I'll pm OC
Olde Crone
11-10-10, 20:15
Here I am!
Well, anyone can make a Will. Whether it is valid or not, is another matter and this one was obviously deemed to be invalid as ADMON was granted, because she died intestate, despite having made that huge great wordy old will,pmsl.
A married woman could make a will, with her husband's permission. A married woman's property generally belonged to her husband BUT copyhold land didn't. A husband could borrow against his wife's copyhold property but it could not be forfeit without her permission and the permission of the land owner.
My lot were always terrified that the husband would squander the Holden fortunes, so any Holden bride went to her marriage with either Dowry property or copyhold property. Dowry was untouchable by law. Copyhold property was usually so wreathed in complicated movements that it was virtually impossible to decide who really owned it, so as "currency" it was often useless.
Anyway, in this case it looks as if her son has contested her will and had it declared invalid. He may of course have carried out her wishes anyway, but declared it invalid so that her late husband's executors/creditors could not get their hands on it.
OC
Folowing this as my Elizabeth Ariel had her will made intestate even though she used the same solicitors her husband did and the assets were from her mother.
Still got thrown out and the assets all went to the new wife with nuffin going to the Ariel children.
Lots of money for the solicitor!
Margaret in Burton
12-10-10, 07:32
Here I am!
Well, anyone can make a Will. Whether it is valid or not, is another matter and this one was obviously deemed to be invalid as ADMON was granted, because she died intestate, despite having made that huge great wordy old will,pmsl.
A married woman could make a will, with her husband's permission. A married woman's property generally belonged to her husband BUT copyhold land didn't. A husband could borrow against his wife's copyhold property but it could not be forfeit without her permission and the permission of the land owner.
My lot were always terrified that the husband would squander the Holden fortunes, so any Holden bride went to her marriage with either Dowry property or copyhold property. Dowry was untouchable by law. Copyhold property was usually so wreathed in complicated movements that it was virtually impossible to decide who really owned it, so as "currency" it was often useless.
Anyway, in this case it looks as if her son has contested her will and had it declared invalid. He may of course have carried out her wishes anyway, but declared it invalid so that her late husband's executors/creditors could not get their hands on it.
OC
That doesn't make sense as Robert Chaplin the son was executor on both of them.
Margaret in Burton
12-10-10, 07:33
OC
I'm going to copy your answer into my notes on FTM as I will have forgotten all this in a few months. LOL :D:D
Margaret..........this is what is on the bottom of the will I have....
On the 1st of June 1839 Admon, with the will annexed of the Goods, Chattels and Credits of Elizabeth Ariel, wife of Myles Ariel, late of the city of Bristol deceased was granted to Robert Leonard and Edward Jarrett Ransford the Executors having been first sworn by Canon duly to administer. The said Myles Ariel the lawful husband of the said deceased and as such the only person entitled to her personal estate over which she had us disposing power and concerning which she is dead intestate having first consented as by Acts of Courts appears.
Elizabeth inherited her wealth from her mother who had died the year before her.
Margaret in Burton
12-10-10, 09:53
I find it all very confusing Libby, all those fancy words when a few would have done. LOL:D:D
I had to smile yesterday when I was attempting to transcribe it. My OH had asked for the doctor to visit as we find it difficult to visit the surgery at the moment as I can't lift his wheelchair.
The doctor sat on the sofa next to me and asked what I was doing, I showed him this will and he asked how on earth I could read that.
Coming from a doctor with their handwriting I nearly choked. :D:D
Olde Crone
12-10-10, 16:23
Marg
It might make sense if there were creditors after the late husband's goods. I agree it doesn't make much sense otherwise. Perhaps someone else contested the will.
OC
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