Wills

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nutty

Wills

Legg inn av nutty » 04 mar 2005 19:01:19

Recently I ordered an index for Wills. My ancestor died in 1888 so I began
to look for his name in 1888. But found none there so went to 1889. Sounds
logical, right? I found one in 1889. However now I am told I shouldn't
have looked for a Will from a date AFTER the death of an ancestor ... that I
should be looking PRIOR to the death date since the Will would've been made
while they were still alive. My question is this ... wouldn't the Will
index be written for the time when the Will was probated rather than for
when it was written?
Thanks

Dennis Lee

Re: Wills

Legg inn av Dennis Lee » 04 mar 2005 19:22:02

You are exactly correct. By noting the date the will was written and
the date it was probated, you have bracketed the date of death if you
don't already know it. But, a will is a legal document, and is only
such when it is legally filed and endorsed (probated), so the indexes
will record the date that a will is probated, not when it is written.

nutty wrote:
Recently I ordered an index for Wills. My ancestor died in 1888 so I began
to look for his name in 1888. But found none there so went to 1889. Sounds
logical, right? I found one in 1889. However now I am told I shouldn't
have looked for a Will from a date AFTER the death of an ancestor ... that I
should be looking PRIOR to the death date since the Will would've been made
while they were still alive. My question is this ... wouldn't the Will
index be written for the time when the Will was probated rather than for
when it was written?
Thanks


nutty

Re: Wills

Legg inn av nutty » 04 mar 2005 19:42:02

Thank you very much.
Nutty
"Dennis Lee" <dennis@gazinkus.com> wrote in message
news:eH1Wd.14113$SE2.6632@fe2.texas.rr.com...
You are exactly correct. By noting the date the will was written and
the date it was probated, you have bracketed the date of death if you
don't already know it. But, a will is a legal document, and is only
such when it is legally filed and endorsed (probated), so the indexes
will record the date that a will is probated, not when it is written.

nutty wrote:
Recently I ordered an index for Wills. My ancestor died in 1888 so I
began
to look for his name in 1888. But found none there so went to 1889.
Sounds
logical, right? I found one in 1889. However now I am told I shouldn't
have looked for a Will from a date AFTER the death of an ancestor ...
that I
should be looking PRIOR to the death date since the Will would've been
made
while they were still alive. My question is this ... wouldn't the Will
index be written for the time when the Will was probated rather than for
when it was written?
Thanks


Huntersglenn

Re: Wills

Legg inn av Huntersglenn » 04 mar 2005 21:00:03

You were looking correctly. My own will is dated as of five years ago,
and I'm far from dead <grin>. It won't be in the court records until I
die and the will is probated, and even then, that might not happen
immediately. With one of my great-grandfathers, his will was probated
10 years after his date of death -- unfortuntately, none of his children
are still alive, so I have no way to find out just why it took so long.
I don't know when his wife died, and suspect that the will wasn't
probated until after her death, since the only thing she got out of the
will was lifetime rights to live on the farm.

Cathy

nutty wrote:
Recently I ordered an index for Wills. My ancestor died in 1888 so I began
to look for his name in 1888. But found none there so went to 1889. Sounds
logical, right? I found one in 1889. However now I am told I shouldn't
have looked for a Will from a date AFTER the death of an ancestor ... that I
should be looking PRIOR to the death date since the Will would've been made
while they were still alive. My question is this ... wouldn't the Will
index be written for the time when the Will was probated rather than for
when it was written?
Thanks


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