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Further Grant of Probate

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Further Grant of Probate

Postby Gaill » Thu Aug 03, 2017 11:14 am

I purchased a probate record and will for John Linnett from Coventry who died on the 17th November 1906 in Coventry. This initial probate was dated the 13th February 1907 but there's a note that there was a further grant in July 1913. I don't understand why there would be a second grant nearly 7 years after he died. I guess it's a legal matter but I'd like to understand what it means before spending any more money on it. Any help would be greatly appreciated.
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Re: Further Grant of Probate

Postby AdrianB38 » Thu Aug 03, 2017 11:39 am

If you look at the Probate Calendar on Ancestry for the 1913 grant, it says, "Administration (with Will)". The usual reason for that is that the executors specified in the will have either died or declined to carry out the job. So it goes to someone else, just as if there were no will in the first place, and they get what we tend to call an "Admon" - but they do have to carry out the terms of the will.

I shall make the assumption that Mary Hardwick of the 1913 grant is not the same as Mary Ann Linnett, widow. Otherwise nothing makes any sense.

My guess would be that Mary Ann Linnett didn't complete her role as executor - maybe she never did anything. Probably she's died by 1913 or otherwise incapable, and Mary Hardwick wishes to / needs to complete the job of disposing of John Linnett's estate. Mary H needs that grant to be able to access what's left of the estate. What I don't know is whether the £1 of effects represents the estate that hadn't been disposed of by 1913 or the revised, complete total. Either way, I can't help but think that requiring a grant of probate for an estate of £1 is someone standing on their dignity pointlessly!

The usual rule of thumb is that a grant of probate that is just an Admon is not worth getting as it normally gives nothing more than the calendar entry shows. My guess would be that were you to spend the cash on the second entry, a similar thing would apply. The will has presumably not changed, and the grant will very probably say nothing more than what's in the calendar. So I'd look elsewhere to find out who Mary Hardwick was and wouldn't bother with the 1913 grant and will. My suggestion...
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Re: Further Grant of Probate

Postby Gaill » Fri Aug 04, 2017 1:26 pm

That's really helpful. Thank you so much Adrian, I'll try and uncover more about Mary Hardwick.
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