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  #11  
Old 18-01-20, 13:02
Olde Crone Olde Crone is offline
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I have been executor several times and in every case, the other executor declined to act, causing me a lot of faffing about getting them to swear an affidavit. I will never do it again for anyone, it is a thankless (and unpaid) task.

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  #12  
Old 18-01-20, 14:30
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Originally Posted by kiterunner View Post
Before the Married Women's Property Act, though, if a married woman left a will, her husband could have it overturned, couldn't he? Didn't this come up on a thread on here once?
Yes, Miles Ariel overturned his wife Elizabeth's will. I think she died around 1840 or a bit before.
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  #13  
Old 18-01-20, 21:54
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Before 1882, a will could only be written by a woman with her husband's consent, because she had no property to bequeathe. But I cannot imagine that it would actually reach the courts, and in those circumstances there would be no administration to be granted.
That is interesting, a lot of men leave their daughters something for their own absolute use ie not for their husband, or future husband, to use but the woman could not write a will to give that away.
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  #14  
Old 19-01-20, 07:57
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Originally Posted by Olde Crone View Post
Jill

That's interesting, I have exactly the same situation, the widow of a miller did not execute his will, much to the annoyance of the children of his first marriage. She held off for seven years, then the local vicar applied for admon and got it.

Wasn't Stubbs/Lawton, was it?!

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No, it was Anthony Harland of Lindfield, and his 3rd wife Avis (both died childless). I've been transcribing both their wills, and to muddy the waters she was a widow when she married him and her maiden name turned out to be Harland too. A great nephew was granted administration.
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  #15  
Old 19-01-20, 09:05
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That is interesting, a lot of men leave their daughters something for their own absolute use ie not for their husband, or future husband, to use but the woman could not write a will to give that away.
I have no idea how that worked in practice. I have some wills where the instructions are that the money must on no account fall into the husband's hands, but I don't see how it could be prevented. Marriage settlements and annuities were a way of doling out just the interest, so the husband could not touch the capital, but I doubt you could prevent a man taking his wife's money or using her possessions.
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  #16  
Old 19-01-20, 11:16
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The usual thing was to leave the money in trust to the daughter.
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  #17  
Old 19-01-20, 12:36
Olde Crone Olde Crone is offline
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Not sure if it is the same thing, but I have lots of incidences of dowry property (property given to a female for her absolute eternal use). I can't work out how this property was passed down the generations, but passed down it most certainly was - a land transaction in the mid 1800s refers to the "dowry of Sissely Townley, 1232" and that dowry document still exists. So, it was possible in some way to protect the property of a female.

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  #18  
Old 19-01-20, 21:53
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The usual thing was to leave the money in trust to the daughter.
The wills I've looked at lately leave everything in trust to the executor who then distributes the proceeds. Not sure if this is the same thing.

If money is left in trust to a daughter, how does she access it?
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  #19  
Old 19-01-20, 23:50
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I believe she would tell the trustee how much money she needed and what for, and he would give it to her.
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  #20  
Old 20-01-20, 11:29
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That makes sense.

However, it must have been a hard job. If the woman says I need to feed my family, does he say tough luck, that isn't what this is for, or does he hand it over anyway, knowing the husband should have provided.
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