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Old 08-06-16, 11:51
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Default Questions from wills.

I know you've all been waiting for this. It will probably turn into ten threads, but here goes.....

For those who have not heard of the will of Elizabeth Ariel (died 3rd Dec1837), the story is that she wrote a will using the same solicitors as her husband used, but her husband had the will overturned in 1839.

The will starts..........
This is the last will and testamentary writing of me, Elizabeth Ariel wife of Myles Ariel of the city of Bristol Broker made and published pursuant to the power and authority contained in the indenture or deed of Settlement made and executed on or previous to my intermarriage with my said husband Myles Ariel.
Then she goes on to give the money away, mostly to the children.


The money came from her mother, Elizabeth Naylor (nee Eyre).

From the 1806 will of her father, George Naylor.....

I give and bequeath to my dear and loving wife Elizabeth the sum of One Thousand and Five Hundred pounds being the amount of her own fortune......


It's fairly easy to work out Elizabeth Ariel had a lot of money and I know it would normally become property of her husband on their marriage.

Where do you think would be the best place to try to find if there was a court case about this will? I really would love to know how it came to be overturned in 1839 when surely she had her husband's permission to write it if she used his solicitors.
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Old 08-06-16, 12:05
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Newspapers (e.g. British Newspaper Archive, Times Digital Archive, London Gazette), Google Book Search, The National Archives.
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Old 08-06-16, 12:11
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This is what it actually says after the copy of the will in the PCC probate records:

On the 1st of June 1839 Admon (with the Will annexed) of the Goods Chattels & Credits of Elizabeth Ariel (wife of Myles Ariel) late of the City of Bristol deceased was granted to Robert Leonard & Edward Jarrett Ransford the Exors having been first sworn by Com[m]on duly to administer. The said Myles Ariel the lawful husband of the said Deceased & as such the only person entitled to her personal Estate over which she had no disposing power & concerning which she is dead Intestate having first consented (as by Acts of Court appears).
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Old 08-06-16, 12:12
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So I don't read that as Myles having the will overturned exactly, but that he consented to the executors administering her estate in line with the wishes expressed in her will even though it was not legally valid.
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Old 08-06-16, 12:18
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Quote:
Originally Posted by kiterunner View Post
So I don't read that as Myles having the will overturned exactly, but that he consented to the executors administering her estate in line with the wishes expressed in her will even though it was not legally valid.

I saw that on the bottom of the will, but the children got absolutely nothing from their mother's will. Myles wrote his will when he remarried and left everything to his new wife and only money to left to the children after her death.

His will is dated 15th April 1839. He died 31st March 1840.
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Old 08-06-16, 12:18
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Anything to help here?

http://www.nationalarchives.gov.uk/h...ts-after-1558/
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Old 08-06-16, 12:21
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if I go into TNA advanced search and enter Name Ariel and ref C 13 I get a lot of stuff I recognise, but nothing for the right dates.
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Old 08-06-16, 12:21
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Quote:
Originally Posted by HarrysMum View Post
I saw that on the bottom of the will, but the children got absolutely nothing from their mother's will.
How do you know that, please, Libby?
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Old 08-06-16, 12:22
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Whoops, I missed Kate's replies.
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Old 08-06-16, 12:37
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Quote:
Originally Posted by kiterunner View Post
How do you know that, please, Libby?
Family story Kate. I know they can be untrue, but the eldest daughter, Elizabeth's family has the story of how she was going to marry a solicitor and then had no inheritance. They married anyway. She was the only one aged 21 at the time her mother died.

Myles junior aged 20 in 1839 moved in with his sister.

Agatha married her father's new wife's brother in 1839. That didn't end well.

Mary was only tiny in 1839 and stayed with her step mother until after her death, then got her money and went to Italy and married there.


Emily Ariel (nee Weaver) wife of Myles jun. tried to get his share of the money after he went missing but without luck.
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