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William Tamlyn Will, Executor query

Tue Sep 19, 2017 12:59 pm

William Tamlyn, my 5x great grandfather, died early January 1813 in North Molton (he was buried 11 January). Luckily for me an Inland Revenue Will survives and I have recently purchased a copy from the North Devon Records Office.

In his Will William Tamlyn left 10 shillings to his son James, 10 shillings to his son John along with a note for £5 that he held against him and 20 shillings to his daughter Elizabeth. He then goes on to say "All the rest of my property of whatever description I give and bequeath equally to my son William Tamlyn, Sarah Tamlyn and William Tamlyn Slocombe".

He doesn't identify the relationship he has with Sarah Tamlyn or William Tamlyn Slocombe, but I know from my research that Sarah is his daughter and William Tamlyn Slocombe is the illegitimate son of my 4 x great grandmother Richord who married his son William a couple of months after William Tamlyn senior died.

The Will then goes on to say "…and do hereby appoint and make the aforesaid William Tamlyn, Sarah Tamlyn and William Tamlyn Slocombe joint executors…".

My query is this, William Tamlyn Slocombe was born around July 1808 (he was baptised 10 July 1808 in North Molton) and I know from his death in 1861 that he was born in about 1808 so how can a 4 year old boy be an Executor of a Will? Any thoughts anyone has would be greatly received.

Re: William Tamlyn Will, Executor query

Tue Sep 19, 2017 1:31 pm

Any chance there was also a William Tamlyn Slocombe senior?

Re: William Tamlyn Will, Executor query

Tue Sep 19, 2017 10:28 pm

How curious! Maybe he wasn't expecting to die so soon.
Clearly a 4 y.o. could not be an executor - was a guardian appointed to him? If so, then maybe that person could act on his behalf.
Is the will an original or a registered copy? Also curious to me, I haven't come across the phrase "Inland Revenue Will" before, so are you possibly referring also to the IR26 which is the record of death/estate duty taxes to be paid? Index Ref: IR27/147; went through the Archbishop's Court of Barnstaple 1813; 1/23
Will be interested in what other responses you get to this.

EDIT: I have now looked at the information on Findmypast about the various probate series for Devon and note their IRW reference:
Most of the copy wills from 1812 to 1857 were intentionally destroyed by The National Archives some years ago, those for Cornwall, Devon and Somerset (from the major local probate courts in those counties) were preserved and sent to the respective county record offices, to fill some of the gaps caused by the loss through enemy action of locally held wills from those counties.The collection in the Devon Heritage Centre is known as the Inland Revenue Wills Series or the Estate Duty Office Wills.
Last edited by Sylcec on Wed Sep 20, 2017 8:25 am, edited 1 time in total.

Re: William Tamlyn Will, Executor query

Tue Sep 19, 2017 10:41 pm

"…and do hereby appoint and make the aforesaid William Tamlyn, Sarah Tamlyn and William Tamlyn Slocombe joint executors…"

What was the bit after "executors"? Assuming that it really is the same WTS that you think it is, this does sound a little odd in the context of executors - but what about trustees? If some stuff was to be held in trust until someone else's death, then the testator really needs to think about whether their trustees will still be around at that point.

For instance if Sarah were to inherit only a life interest in the property with the absolute ownership passing to her children (if any) on her death, you'd want a trustee who was likely to still be around when she died.

And, as Sylvia suggests, another possibility is that he worried about the risk of his executors dying, so mitigated it by adding in a young child.

Re: William Tamlyn Will, Executor query

Wed Sep 20, 2017 1:44 pm

Thank you for your replies.

As far as I am aware he is the only William Tamlyn Slocombe around sdup26. Richord's farther was Thomas (married to Elizabeth Passmore) and none of Richord's brothers were named William.

Yes that is the series Sylcec, it is so very useful to those of us who have a vast majority of their family tree in Devon, unless a PCC Will exists of course. As most of my ancestors gradually seem to have got poorer, even the Inland Revenue Wills aren't of use.

I will try to scan an image of the Will (it was sent as a PDF from NDRO) and post it, it is not long, only one page, but it is a stated at the bottom to be a "true copy" of William Tamlyn's original Will which was sent off for Estate Duties. There is no mention of Trustees for William Tamlyn Slocombe. All that is written after "joint executors" is "of this my last Will and Testament. In witness hereof I have hereunto set my hand and seal this day second day of November in the Year of our Lord One Thousand Eight Hundred and Twelve" AdrianB38. As you can see this was only two months before he died. With regard to other executors dying, that is a possibility, although there was a large age gap between my 4 x great grandparents William was born 1761 and Richord 1788 so would have thought she should have been added as an executor.

With regard to guardianship would Sarah have been appointed in case something happened to WTS's parents William and Richord? Sarah never married and I have just found her with her brother William and Richord in the 1841 census after much searching (although listed as Susan) and she died in 1846 (two years after her brother).

From the Will it now tells me that daughter Elizabeth was alive in 1813 and unmarried, but I have yet to find further evidence of her in the records. My search for her continues.

Many thanks again for your thoughts.

Re: William Tamlyn Will, Executor query

Thu Sep 21, 2017 1:30 pm

William Tamlyn Will as promised. Sorry quality not great as has come from microfische.
William Tamlyn NDRO001.jpg
William Tamlyn NDRO001.jpg (1.61 MiB) Viewed 1641 times

Re: William Tamlyn Will, Executor query

Thu Sep 21, 2017 3:02 pm

Mmm. Nothing springs to mind on reading this as to why a minor would be appointed an executor. And Sarah appears to get the same sort of share, i.e. absolute, as the other two, so there's no need for trustees - and no mention of them.

Re: William Tamlyn Will, Executor query

Thu Sep 21, 2017 3:14 pm

Legally speaking, according to Blackstone's Commentaries on the Laws of England (see http://avalon.law.yale.edu/subject_menus/blackstone.asp and specifically http://avalon.law.yale.edu/18th_century/blackstone_bk2ch32.asp, it says that

And all persons are capable of being executors, that are capable of making wills, and many others besides; as feme-coverts, and infants: nay, even infants unborn, or in ventre sa mere, may be made executors. But no infant can act as such till the age of seventeen years; till which time administration must be granted to some other, durante minore aetate

My emphasis. Don't ask me what the Latin bits mean. The original transcript on that link idiotically transcribed the long "s" as "f" - I have tried to correct but it is quite possible that the technical terms are incorrect.

So nothing stood in the way of the minor being appointed an executor - but he couldn't act as such until 17y old.

Re: William Tamlyn Will, Executor query

Thu Sep 21, 2017 3:34 pm

Latin bits: durante minore aetate....'during their minority'

Re: William Tamlyn Will, Executor query

Thu Sep 21, 2017 4:11 pm

Thanks - that makes sense.

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