Rules on Intestacy

[Colin Moretti]

Can anyone tell be the rules on intestacy in the 1870s please?

I am interested to learn how an estate would have been distributed in the event of a death without issue and without a will. George's wife survived him by just 2 weeks; would the estate have gone to her and then her relatives or would it go to George's, and who would have been the recipients?

Many thanks

Colin

[Peter Goodey]

I'm afraid I've got no special knowledge to offer on this one but the following was a contribution from Eve McLaughlin in soc.genealogy.britain (a source always worth searching):

"First, debts were paid, then the estate was divided by a person (next of kin) appointed to administer.

Until 1925: landed estate went to the eldest son. The wife (one third) and other children (two thirds) shared the rest, the wife for life only without power to dispose of it away from the children.

The first small tranche went to the wife in preference to the children (and the amount varied frequently as values decreased. Check a current Whitaker's Almanack for the year to get an exact figure). The rest was shared as above.

If there were no children, the wife got a third (later a half) and the parents the rest. Wife, no parents, then any siblings shared the 2/3 equally. If a sibling was dead leaving issue, the issue shared equally the amount which the sibling would have received.

If no wife, no children, then parents first, failing whom siblings sharing, so four siblings got a quarter share each. If one was dead leaving 2 children, they got a half of a quarter each,. If another was dead leaving 6 children, they got a sixth of a quarter each. failing whom (and their issue) the uncles and aunts, equally, either side. And if they were dead, their issue took what would have been the parent's share. Great uncles and their issue came next, but there it stopped and the state took the lot."

There were many changes to the law and her advice to check Whitaker's Almanac may be the best approach.

[Colin Moretti]

Thanks Peter, I'll follow that up

Colin

[Geoffers]

I am interested to learn how an estate would have been distributed in the event of a death without issue and without a will.Did anyone apply for letters of administration (Admon)? There is an annual index to probate and admon which has been copied onto film and can be seen at many county record offices. The index is detailed and easy to use. If you find an admon entry, do not bother applying for a copy as it will tell you no more than the index. Admon coul be granted sometime after death, so you may have to search several years' records.

Geoffers

[Mythology]

"Admon coul be granted sometime after death"

Sometimes a long while after death. I have one where the girl died in 1857, and her half-brother applied for (and was granted) administration in 1871.

(Edit - purely speculation, but as their late mother's third husband remarried in 1869, perhaps the half-brother thought that he might get done out of something if he didn't apply!)

[Colin Moretti]

Did anyone apply for letters of administration (Admon)? There is an annual index to probate and admon which has been copied onto film and can be seen at many county record offices. The index is detailed and easy to use. If you find an admon entry, do not bother applying for a copy as it will tell you no more than the index. Admon coul be granted sometime after death, so you may have to search several years' records.

GeoffersIt's a rather complicated story. Charles Pagliano (my 1st cousin 4 x removed) died in 1861 leaving his money in trust to his wife with bequests to 4 of his Moretti cousins, amongst others, to be paid on her death. Three of the cousins, or rather their descendants or heirs, received their bequests 40 years later, after Charles's wife died (she was 20 years younger than Charles and lived 20 years longer). The fourth cousin was George Moretti.

cont...

[Colin Moretti]

George died in December 1872 of DTs and his wife in January 1873 ("chronic bronchitis accelerated by drink") without issue, leaving no will and no grant of letters of administration in the calendar either. My g g grandfather Joseph was one of the cousins; he died in 1868 leaving no will so a letter of administration were granted to one of his daughters in 1901, ie 40 years after Charles died and 33 years after Joseph's death! Joseph left no estate to administer apart from Charles's legacy. Letters of administration were also granted for other legacies from Charles's will at the same time, but none for George.

cont...

[Colin Moretti]

Last year I was idly searching the London Gazette - as one does - when I came across an item "Dormant funds in Court - George Moretti, legacy of Charles Pagliano" or words to that effect. I knew that the legacy was only (only?) £50.00 at the time of Charles's death and less than that (after duty) in 1901 but I thought that it would be an interesting exercise to see what I could find out about it. Enquiries at the Court Funds Office were fruitful, the money is still there with some interest, enough to make it worth following up, so I submitted a claim. If I can get a grant of administration for George, and I'll probably try to, I'll have to distribute the accumulated money in accordance with the intestacy rules in force at the time of George's death. If I get the grant I'll probably use up all the bequest in expenses before I've traced all those entitled to receive any money!

cont...

[Colin Moretti]

The disappointing news was that the account has only attracted simple interest from 1923, not compound, so the balance today is much less than it otherwise would be.

Wish me luck

Colin

[Mythology]

Oh gosh!

"I'll probably use up all the bequest in expenses before I've traced all those entitled to receive any money!"

I suspect that might be the case - but good luck anyway. :)

[Colin Moretti]

Of course, some of the money should got to the heirs of his wife. No will there, either, of course. But I have been looking into her family too, for reasons too complicated to detail at this time of night. Most of them seem to have been nuns or RC priests so it shouldn't be too difficult to trace their (legitimate) descendants!

Colin

[Colin Moretti]

... If I get the grant I'll probably use up all the bequest in expenses before I've traced all those entitled to receive any money!But what better way to spend a legacy than on family history research. :D

Colin