CARMARTHENSHIRE-FHS-L Archives

From:
Subject: [CmnFHS] Probate 4
Date: Fri, 5 Jan 2001 06:52:30 EST

Inventory Before 1700,
it was usual for the executors to be obliged to supply an inventory of the
goods of the
deceased, attested by the overseer or supervisor of the will named by the
testator. There is often a separate file
for these inventories. They are rare after 1750. A reference in the calendar
of wills marked ‘rpt’ (‘respited’),
means that no inventory was demanded. These records often reveal a man’s
occupation, either explicitly or from
his stock-in-trade of tools.

Nuncupative Wills Until 1838,
these were testamentary intentions expressed by the deceased’s word of mouth
before ‘credible witnesses’, who later made sworn statements before the
probate court. By the Statute of Frauds, 1678, there had to be at least three
witnesses who had heard the deceased’s wishes spoken in his own house and
during his last illness. They needed to have them written down within six
days, and not proved until fourteen days after the death. Since 1838,
nuncupative wills can be made only by soldiers on active military service,
and by seamen at sea. Freehold land could not be devised by a nuncupative
will, nor could a written will be revoked by one.

Bond of Tuition,
Curation or Guardianship When a minor was left fatherless, the court could
appoint a
guardian for him. This guardian had to give a bond, and such documents are
filed either with the will or
administration, or separately. Normally, tuition was for boys under 14 and
girls under 12. Curation was for
children older than that, but under 21.
The wills’ calendar may contain some cases noted as ‘Administration with
Will Annexed’, which usually means
that the executors named in the will were not available, possibly dead; so
administration was granted to the
next-of-kin to act as executor. Sometimes, during a long testa
mentary trust, the trustees and/or beneficiaries died, which made further
court action necessary. The particulars
were generally entered on the margin of the register copy of the will, and
are often of genealogical value.

Unsigned,
Amended and Unwitnessed Wills In such cases, witnesses had to be sworn as to
the handwriting or
intentions of the testator. Their sworn statements are usually filed with the
original will, and copied into the
register book.

Caveats
When someone with an interest in the estate wished to prevent probate being
granted without his
objection being considered, he could enter a Caveat. This was written into
either a Caveat Book or the Act Book,
and would give rise to a Sentence, which would be registered. Caveats
sometimes reveal interesting family
antagonisms.

Assignations
When an executor or administrator was thought to have infringed the
conditions of his bond, a
person interested in the estate could summon the sureties of the bond to show
why probate should not be
assigned to someone else. An Assignation was an interlocutory order issued in
consequence of such an
application, and was copied into the Probate or Admon. Act Book.

Letters of Administration
In a case where the deceased left no will, letters of administration were
granted to
the person legally entitled to administer the estate.

_____________________________________
Regards, Richard James
Carmarthenshire-L; Carmarthenshire FHS:
http://www.CarmarthenshireFHS.btinternet.co.uk
_____________________________________

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