----- Original Message ----- From: <eve@varneys.org.uk> To: "Chris Bartlett" <woodcom@ihug.co.nz>; <old-english-bounces@rootsweb.com> Sent: Thursday, July 02, 2009 6:51 AM Subject: Re: [OEL] Executor who is a minor in 1719 will |> | > Hello all | > | > We have a bit of a strange situation where a son who is only 5 years | > old is made the sole executor of a will. The following is the text of | > the will. | > | > "I Give & Devise to my son John whom I make full & sole Executor of | > this | > my Will hereby revoking all former Wills by me heretofore made. And I | > do appoint my brother Coney Tunnard & Mr John Robertson junr to be | > Trustees and Guardians for all my said children and their estates | > untill their respective ages of one & twenty years & desire them to | > take upon them ye said Trust and for their trouble in the management | > thereof I give them forty shillings for every year they shall act | > therein" | > | > Was this a normal situation where all children were minors. John was | > the only living son. Absolutely. The testator prudently made a will which would hold till he died (I take it his wife was already dead); he did not wish to predict the date of his own death, always hoping it might not be untill the son was of age. However, perhaps being more realistic, he provided named guardians for the children until such time as John was 21, and they were paid a relatively small sum for their trouble (plus actual outgoings, which would be accounted for and charged against any profits they made by running the farm/business/estate/) The Uncle was the natural guardian, who would have been appointed anyway (though a fee would have been charged for making that appointment, which testator therby avoids.)

This is exactly what my husband and I did in the 1960's when we were going to work overseas. At the time we didn't even have children but our solicitor drew up wills which were not changed until a couple of years ago when we retired. The wills covered every eventuality and made for peace of mind. Nuala ----- Original Message ----- From: "Judith Werner" <typehey@comcast.net> To: <old-english@rootsweb.com> Sent: Thursday, July 02, 2009 4:05 PM Subject: [OEL] Fw: Executor who is a minor in 1719 will > > > ----- Original Message ----- > From: <eve@varneys.org.uk> > To: "Chris Bartlett" <woodcom@ihug.co.nz>; > <old-english-bounces@rootsweb.com> > Sent: Thursday, July 02, 2009 6:51 AM > Subject: Re: [OEL] Executor who is a minor in 1719 will > > > |> > | > Hello all > | > > | > We have a bit of a strange situation where a son who is only 5 > years > | > old is made the sole executor of a will. The following is the text > of > | > the will. > | > > | > "I Give & Devise to my son John whom I make full & sole Executor > of > | > this > | > my Will hereby revoking all former Wills by me heretofore made. And > I > | > do appoint my brother Coney Tunnard & Mr John Robertson junr to be > | > Trustees and Guardians for all my said children and their estates > | > untill their respective ages of one & twenty years & desire them to > | > take upon them ye said Trust and for their trouble in the > management > | > thereof I give them forty shillings for every year they shall act > | > therein" > | > > | > Was this a normal situation where all children were minors. John > was > | > the only living son. > > Absolutely. The testator prudently made a will which would hold till he > died (I take it his wife was already dead); he did not wish to predict > the > date of his own death, always hoping it might not be untill the son > was > of age. However, perhaps being more realistic, he provided named > guardians for the children until such time as John was 21, and they > were paid a relatively small sum for their trouble (plus actual > outgoings, which would be accounted for and charged against any > profits they made by running the farm/business/estate/) > The Uncle was the natural guardian, who would have been > appointed anyway (though a fee would have been charged for making > that appointment, which testator therby avoids.) > > > > > > ==================================== > WEB PAGE: http://homepages.rootsweb.com/~oel/ > ARCHIVES: http://archiver.rootsweb.com/th/index?list=OLD-ENGLISH > > ------------------------------- > To unsubscribe from the list, please send an email to > OLD-ENGLISH-request@rootsweb.com with the word 'unsubscribe' without the > quotes in the subject and the body of the message >