An odd sort of Will

[AudreyF]

I have an ancestor who was in the East India Company in India. I have found, on line, his Will. At least, it seems to be a 'draft' or 'model' of what he was going to make as his Will. It details his name and rank and that he leaves his estate equally to Edward the son of his first wife and to ....... the child of his present wife .......

The name of his first son is there (and correct) but the dots I've used above indicate a blank space which he would, presumably, fill in - but didn't - with the first name although he does give a surname. The Will goes on in the usual manner but is not dated, signed nor witnessed.

So, what do you think? Was this a draft or model which he started to do but never finished. Were these sorts of things handed out for soldiers? It is hand written on what looks like quite old, large (old-fashioned foolscap, perhaps) thick paper. He died in 1861 in India. I know WWI and WWII soldiers' Pay Books had a form in them for soldiers to make a Will so perhaps this was the equivalent sort of thing he never got round to completing?

Any other ideas?

[geneius]

Can you post the name and detailS oF your ancestor so we may look.

[AudreyF]

My ancestor is Edward Hume (middle name possibly James but it isn't always used) and he was a Quarter Master in the document I have seen. The will is on FindMyPast and although I don't currently have a subscription to that site the reference is

British Library ref is L/AG/34/40/32

and I have downloaded a copy of the will and some other documents. The will is one page and there is another page with the 'title cover' and some other documents listing his belongings at time of death and official approvals made by some authority that they could be dealt with etc. etc. My feeling is that the will was not valid but that it was sufficient for military purposes to understand his wishes and they acted upon them.

[geneius]

I found the incomplete 'Will'
On the reverse is a statement that suggests that Edward HUME was in a fit state of mind to execute the Will

I 'turned' the page and found a document that suggested the will of Edward HUME was 'unattested', a meeting was convened by Brigade Order on 16 February 1861 at 11.00 am at the Convalescent Depot where the unattested will was found.

Following page has an inventory and receipt of 'rupees' RAP in 3 collums as per £sd for the Chattells & Personal possessions of Edward HUME sold on 16 March 1861

Next page and Incoem & Expenditure account net est 114 / 2 / 8 ?

Following page, an 'front' sheet confirming various details one line Intestate / or Will Left opposite it states Unsigned will however the next of kin are

widow Julias HUME ( Native Christian) children by Julia HUME a son James HUME

By a former wife a son Edward HUME. The former wife was an European

On the reverse of the sheet, listing:

Copy Will / Proceedings / Account Current And Statement of Particulars / respecting the estate of the late Quartermaster Sergeant Edward HUME of the Bengal Artillary

From the last line I would presume that the wishes expressed in the incomplete & unsigned will were carried out by the Officers.

[AudreyF]

Wow! Well, that answers the question in that it would seem the Will was not properly written: dated, signed, witnessed etc.

It raises a whole lot more questions though. First wife was a European (presumably British) but his second wife (Julia) was, as I understand these things, a local (Indian born) girl who converted to Christianity to marry her British soldier.

I wonder why he never completed the Will properly. His occupation was Quarter Master in the Convalescent Depot but I'm not sure if he was working there (as a Quarter Master) or whether he was ill there. If he was ill I would have thought he'd have put his affairs in order by doing his Will properly.

But, in the event I suppose it didn't matter - the Officers did the right thing according to his wishes.

Thank you!