Understanding the Probate of Thomas Jacka 1796

[Kerbent]

Thomas Jacka is my 5 x great grandfather, so I was very excited when I found the listing of his will in the A2A archives. But now I realise locating the will is one thing but understanding is entirely another. If any one can shed any light on the context and meaning of the will that would be great. Below is a summary of my musings so far.

Transcription of the will entry
[Source Citation: IR 26/339, EXETER: Cornwall Archdeaconry, Repository The National Archives, Kew, Richmond, Surrey, TW9 4DU]
Date of the Probate or Admin & Sum Sworn - 1796, May 4th, Under £300
Name and description of Testator or Intestate - Thomas Jacka of St Erth, Yeoman
Names & places of Abode of the Exeors or Administrators
– John, Joseph & James Jacka, Residuary Legatees, sons of John Jacka, The remainder of his goods
Auxiliary Legatees -
- Abraham Jacka, son, One hundred Pounds
- Elizabeth Jacka, Daughter, Fifty Pounds
- Ann Jacka, Daughter, Fifty Pounds

Notes
- Wills beginning in 1715, are not original wills, but are instead the copies made by the clerk.CORNISH PROBATE RECORDS

- that of all the children (see list below) the two eldest children Thomas and William are not included in the Probate. Both sons had already married so perhaps their father had already given them their inheritance while he was still alive.

Thomas Jacka and Elizabeth Gilbert’s children:
1. Thos (Thomas) JACKA1760-1833) who married Anna Moyse in 1790
2. William JACKA(1763- ?) who married Margaret Wood in 1790
3. John JACKA(1764- ?) who married Mary Lambrickin 1800
4. Elizabeth JACKKA1766-1849) who married William Jelbartin 1800
5. Abraham JACKA 1769- ?)married ?
6. Joseph JACKA(1771- ?) who married Charity Berryman in 1798
7. James JACCKA(1774- ?) who married Eleanor Hammillin 1800
8. Ann JACKA(1777- ?)


My questions
1. Is 300 pounds a lot of money for this era?
2. Is it common for the oldest children to be left off the will etc; and if they could have been given their inheritance before the father died? What laws applied at the time etc, etc.?
3. There are three "exeors" or administrators are John, Joseph and James Jacka.
a. Why isn't Abraham one of these, when he gets the biggest amount of money??
b. He doesn't seem to be married – as yet I have found no such record?
c. Why aren't Thomas and William administrators? If they had already received their inheritance, couldn't they still have been administrators, especially seeing they are the eldest 2 sons?
d. Are Thomas and William living in the same town - perhaps they are living too far away to be involved?
e. I also noticed that on the the St Erth OPC website under “Cornish Will Abstracts 1793 - 1797 Microfilm # 0090202 page Barons – Morishe”, the extracted transcription reads slightly different and mentions two witnesses - Thomas Ellis, James Otey, does anyone know why this is? Is this the extract of the original will, rather than the copy made by the clerk that is held by the records office?

Sandra

[bwarnerok]

1. Here's a great site I found to help judge the value of money from then to 2006.
https://measuringworth.com/calculators/ppoweruk/

"In 2006, £300 0s 0d from 1796 is worth

£21,475.08 using the retail price index. "

3. In the wills I have read, I have found it to be "friends" as opposed to family members who have been the executors. Sometimes the friends were lawyers, sometimes not. In some cases it was the son-in-law of a daughter who was the executor. I would think as with today, picking an outsider as opposed to picking the children is meant to prevent problems (contesting, fairness, etc)

I think trying to second guess our ancestors based just on a will can be difficult. Why do the parents prefer one over another? At that time women counted for very little, and perhaps an unmarried son was only slightly better. Perhaps Abraham was a rake and a gambler and exhibited few traits that daddy found respectable. Who knows.

It is my understanding that the oldest son got the real estate. My guess is son Thomas got the farm.

betsy

[Geoffers]

1. Is 300 pounds a lot of money for this era?

Yes - how you compare it to modern values depends on the index that you use. Sir Frederick Eden undertook a survey in 1795 which he published as 'The State of the Poor' it records income and expenditure of labouring families in different parts of the country.

For example a labouring family in Berkshire, consisting of husband, wife and six children are shown as spending £52 4s 4d on basic foodstuffs for the year (bread, cheese, butter, sugar, tea, oatmeal, bacon and milk)

In Westmorland, a family of husband, wife and three children spent £20 2s on oatmeal, meat, flour, milk, tea, sugar, potatoes, butter and treacle.

Income of labourers varied around the country according to location and type of work.

2. Is it common for the oldest children to be left off the will etc; and if they could have been given their inheritance before the father died? What laws applied at the time etc, etc.?

It is not unheard of and there was nothing to stop your chap leaving what he wanted to whom - it was his will. The question you need to ask is what these other sons were doing? Had they been apprenticed and set up in business? Did he leave land and property to someone who would carry on with things? Perhaps his other sons are mentioned but not by name? e.g. 'me two eldest sons'. The best way to find out is to obtain a copy of the will and see what it says.

Dd he will land which he leased by copyhold?

[Peter Goodey]

What you're looking at are the Death Duty registers. Sometimes this is all some people need but to answer some of your particular questions, I think you need to get the actual will itself.

You've reproduced some advice on how to get a copy of the will or you could try contacting Cornwall Record Office.

[Colin Moretti]

... Sir Frederick Eden undertook a survey in 1795 which he published as 'The State of the Poor' it records income and expenditure of labouring families in different parts of the country...

Sounds interesting Geoffers, is it available in any form today? A quick search didn't supply any obvious links.

Thanks

Colin

[Geoffers]

Sounds interesting Geoffers, is it available in any form today? A quick search didn't supply any obvious links.

Larger reference libraries may have the 1969 reprint. The Bodleian in Oxford has the original.

These would be a lot cheaper than buying the reprint which is available for £122.

'Identifying the Poor' by Ward and Pyatt was published to celebrate the bicentenary of Eden's work is an alternative at £42.

Try online suppliers such as those named after a large river.

[Colin Moretti]

Thanks Geoffers, I shall see if I can track down a copy

Colin

[Kerbent]

Hi Geoffers,
Thanks for your feedback

Yes - how you compare it to modern values depends on the index that you use. Sir Frederick Eden undertook a survey in 1795 which he published as 'The State of the Poor' it records income and expenditure of labouring families in different parts of the country.?

I think I will follow up on this and try the Victorian State Library (Australia) and see what they have on this subject, I'm not really interested so much in comparing what they had in terms of modern value but more with their peers of the time. It would be good to get some context.

The question you need to ask is what these other sons were doing? Had they been apprenticed and set up in business? Did he leave land and property to someone who would carry on with things? Perhaps his other sons are mentioned but not by name? e.g. 'me two eldest sons'. The best way to find out is to obtain a copy of the will and see what it says.

Dd he will land which he leased by copyhold?

I love your questions, they help give a bit of clarity as to what direction I should go. I've not done much reserach pre 1841 so this presents a new challenge for me as other than parish records I haven't really done much digging. I can see that I have few challegers ahead.

Cheers Sandra

[Kerbent]

Hi Betsy,

It is my understanding that the oldest son got the real estate. My guess is son Thomas got the farm.

I suppose you might be right I can't quite get my head around the family farm concept as the family seemed to move every generation.

Generation 1 John JACKA (?1701?- ) Married Elizabeth (Abt ?1710-? ) Abt 1729 All four of John and Elizabeth's children were born in the St Buryan parish

Generation 2 - Thomas Jacka, the second eldest son, my direct ancestor, returned to St Buryan to marry in 1760 to marry Elizabeth Gilbert. But it appears that Thomas left the area after his eldest child was born/christened in St Buryan between 1791 and 1793 and moved to St Sithney however when they died the couple were burried in St Erth. It is this Thomas that wrote the will, so perhaps he did not inherit the land from his father but his wife's father or somehow managed to lease it, which would explain why the family settled and stayed in St Sithney? I can see that I might need to do a bit of land records research.... Thomas’s father originally came from St Erth so perhaps this is why Thomas (jnr) returned there before he died maybe there was some family connection there that drew him back.

Generation 3 Thos JACKA (1760-1833) married Anna MOYSES 1768-1857) on 29 May 1790 in Trenear, Wendron, Cornwall, England. Thomas and Anna had 8 children and all were all born in St Sithney, and by now the family seem to have settled.

I can see that as Geoffers suggested I do need a copy of the original will as it may throw a bit more light on the situation.

Thanks, its great to be able to discuss the possibilities of what might have happened as it opens up new avenues for research.

Sandra

[Kerbent]

St. Buryan
John JACKA son of John & Jone, 05th. May, 1701

Hi Bo Peep,

Where did you find this reference to John Jacka?

My searches both on the IGI and Cornwall OPC Online Parish Data base only brought up one result that doesn't match yours. My searches only found one entry between 1695 and 1705 which was "05-Dec 1703 Sancreed John JACKA"

The only information that have on John Jacka was given to me by another researcher, which he did in good faith. I've now after 20 years of research learnt to double check everything for myself even things such as will transcripts etc. I am very excited that you may have just given me a correction for my database and another new lead.

Thanks Sandra