I'm woking on my family history and have a historical will that I need a little clarification with.
What I want to know is whether the deceased left the house to PERSON A, or was it part of the bequeathal to the HOSPITAL, or is it more complex? The impression I'm getting is that PERSON A was left the house but it was then to be sold off after a year? The residuary estate I think is the business that was on adjoining land to their residential address.
It says that the deceased "bequeath to PERSON A now residing with me and in my employ my home as it stands including furniture earthenware articles of domestic use [carries on with more belongings] and the sum of ten pounds. I give devise and bequeath unto the treasurer for the time being of the HOSPITAL the whole of my real and personal estate to be applied towards the general purposes of the hospital and as regards that part of my residuary estate which consists of land I give the same to my trustee upon trust to sell the same within one year of my death or such extended period as may be allowed by competent authority..."
Just to confirm, there is no legal or financial benefit from finding out the answer, just a piece of family history!
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24-02-2021, 4:33 PM #1
- Join Date
- Feb 2021
Historical Will Query - Who got what?
24-02-2021, 5:08 PM #2
Welcome to the British Genealogy Forum.
A year (or even decade) would be useful - legalese tends to change with the time period (and country)!
24-02-2021, 6:47 PM #3
- Join Date
- Sep 2005
I think that it is badly worded because if PERSON A was intended to be a quasi tenant, then the duration of that tenancy would need to be specified and directed to them, rather than relying on something that pertains to another beneficiary. When the testator says that he bequeaths him his home, that to me says ownership not occupation.
Normally real estate, as bequeathed to the hospital would include all property. In that part of the will it says "the whole of my real estate" suggesting that it does include his home.
I would not normally presume that land included houses or buildings being used as commercial premises.
Badly worded wills can lead to disputes.
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