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Thread: Probate query

  1. #1
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    Default Probate query

    On 6 July 1738 Elinor Morris was granted probate of the Will of David Gambold.



    The Will, which is many pages long, provided that she was the executrix until William Gambold reached 18. At that stage he was about 12 years old.

    In 1778 a note was added to the margin of the will turning over control to William. Given that this was 40 years after the original probate can anyone shed any light as why this would happen?




    Just to add a little more spice to the mix Eleanor Morris was sued by another beneficiary in 1740 who alleged all sorts of impropriety and wrong doing, but I don't know what the outcome was.

  2. #2

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    When did Elinor die?
    I've seen a case in Scotland where they had to play paperwork catch-up of quite old affairs in order to process a widow's probate.. Speculating, if she just handed over everything when William hit 18, without recourse to lawyers, they might have a bit of legal sorting out to do.
    As I said, just speculation.

  3. #3
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    Unfortunately I have no idea when she died. She was David's servant and mistress, and William was her son.

  4. #4
    Kiltpin
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    Wasn't the age of majority 25 at that time?

    Regards

    Kiltpin

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    Quote Originally Posted by Lesley Robertson View Post
    When did Elinor die?
    I've seen a case in Scotland where they had to play paperwork catch-up of quite old affairs in order to process a widow's probate.. Speculating, if she just handed over everything when William hit 18, without recourse to lawyers, they might have a bit of legal sorting out to do.
    As I said, just speculation.
    Also speculating, maybe she didn't hand everything over when William turned 18, and the paperwork wasn't discovered until she died, 40 years later. Again, 100% speculation.

  6. #6
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    Quote Originally Posted by Kiltpin View Post
    Wasn't the age of majority 25 at that time?

    Regards

    Kiltpin
    The Will specified that everything went to William went he reached 18. His younger sister was to get a little bit when she turned 21.

  7. #7
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    Quote Originally Posted by arthurk View Post
    Also speculating, maybe she didn't hand everything over when William turned 18, and the paperwork wasn't discovered until she died, 40 years later. Again, 100% speculation.
    Quite possible particularly if the allegations in the Chancery case in 1740 were true.

    It may be that she died about that time, and he was just straightening everything up. It seems that there would not a clear cut reason for him to do so. At the end of 1778 he wrote his own Will.

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