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Probate?!

ProfilePosted byOptionsPost Date

Peter

Peter Report 13 Jan 2014 17:56

Further to this. John and Hester Oxley had a son baptised in Whitby in 1659. He later married Elizabeth Wood in Egton in 1700 and had my ancestor John Oxley born 1706. He left a will in 1756:


John Oxlay, Glazedale, Egton. Yeoman. dated 11.7.1756, proved 18.10.1756 (f.136)

eldest daughter Elizabeth wife of Thomas Wilson
daughter Mary Oxlay
daughter Nancy Oxlay
daughter Joan Oxlay
son John Oxlay
wife Mary Oxlay
wit: John Pruddom, John Marsingale

Taken from:

http://www.davekinggenealogy.co.uk/probate/personalnames/PNamesYork1756vol100.html

With this, John's father Thomas seems to have left a will a year LATER, making nearly 100 when he died in January 1757, six months after his son:

Thomas Oxlay, Glazedale, Egton. Husbandman. dated 5.1.1757, proved 6.4.1758 (f.234)

grandson John Oxlay
grandaughter Mary Oxlay
grandaughter Nancy Oxlay
grandaughter Joan Oxlay
son in law George Sanderson & Elizabeth his wife, my daughter
daughter Esther Oxlay
wit: William Breckon, John Marsingale

Taken from:

http://www.davekinggenealogy.co.uk/probate/personalnames/PNamesYork1758vol102.html

My question is, is this plausible at this time for a man to live to his late 90s? It seems very unusual to me and I am curious about a second opinion.

As you can see, Thomas Oxley left something to his unmarried daughter Esther Oxley (baptised in Egton in 1713), and the name would suggest a link to John and Hester Megginson Oxley mentioned further up this thread.

Again, would a chap born in 1659, be likely to be living and making a will nearly a century later?! He must be at least 97 when he died.

Best wishes,

Peter

Peter

Peter Report 10 Jan 2014 18:12

Thank you so much! Wow, so very kind! No, I don't think those records on ancestry which is silly as I have just paid a sub on ancestry! Hey ho!

Thank you!

x

Chris Ho :)

Chris Ho :) Report 10 Jan 2014 18:06

http://www.nationalarchives.gov.uk/a2a/advanced-search.aspx?tab=1

(mention on above, Will)

Burial (Find My Past)
First name(s): Hester
Last name: OXLEY
Date of burial 23 May 1708
Age at death:
Calculated year of birth: Not known
Place of burial Whitby
Dedication: St Mary
County: Yorkshire (North Riding)
Whitby St Mary:
Denomination: Anglican
Coverage 1608 - 1857
Data provider: Cleveland Family History Society

(not sure the others are on Ancestry)

Chris :)

Peter

Peter Report 10 Jan 2014 17:02

Thank you Chris Ho ... more questions than not. Are these Parish Records available on ancsetry?

I've been looking for a burial for Hester Oxley in 1709 (there is an internet source saying a will of hers in to be found in the Fox Family papers in Plymouth Archives).

Chris Ho :)

Chris Ho :) Report 10 Jan 2014 16:29

MAGGISON Elizabeth 1679 Whitby Yorkshire (North Riding) VIEW
MEGGESON Elizabeth 1627 Whitby Yorkshire (North Riding) VIEW
MEGGESON Ingram 1627 Whitby Yorkshire (North Riding) VIEW
MEGGESON John 1639 Whitby Yorkshire (North Riding) VIEW
MEGGISON Ann 1744 Whitby Yorkshire (North Riding) VIEW
MEGGISON Anne 1655 Whitby Yorkshire (North Riding) VIEW
MEGGISON Moses 1656 Whitby Yorkshire (North Riding) VIEW
MEGINSON George 1649 Whitby Yorkshire (North Riding) VIEW
MEGINSON Mathew 1668 1588 Whitby Yorkshire (North Riding) VIEW
MEGINSON Zacharias 1647 Whitby Yorkshire (North Riding) VIEW

(just the above Burials, using variants)

Chris :)

Marriages
MEGGINSON Hester 1653 Whitby Yorkshire VIEW
MEGGESON Cec 1623 Whitby Yorkshire VIEW
MEGGESON George 1618 Whitby Yorkshire VIEW
MEGGESON Jane 1633 Whitby Yorkshire VIEW
MEGGESON Mary 1618 Whitby Yorkshire VIEW
MEGGESON Mathew 1612 Whitby Yorkshire VIEW
MEGGESON Sarah 1731 Whitby Yorkshire VIEW
MEGGISON George 1656 Whitby Yorkshire VIEW
MEGGISON Mathew 1659 Whitby Yorkshire VIEW

Peter

Peter Report 10 Jan 2014 15:55

Wow, thank you for this - there is a link on ancestry with the links to the wills (thank you Gins, Jax and Chris in Sussex). I THINK the problem is probably due to the fact that Hester, my suspected ancestor married John Oxley in 1653 (these wills/probate date from 1654), so perhaps if both her parents had died there was an issue with Hester taking her father's lands? There is a marriage for a John Oxley to a Hester Meggison in Whitby on 15 December 1653.

After all, this was long before the Married Woman's Act of 1882.

Any thought are appreciated, but the wils of both George and Mary Meggison are found on ancestry.com, one on one page and the other on the following page.

They are difficult to read but it is possible.

With this, I suspect the 1649 death is for George Meggison, but more validation is needed. Can someone spot the burial for Mary Meggison (perhaps Chris ho could have a look, if I might be so cheeky)!

Also, thank you Stuart - I should look for a memorial. And thank you Porkie Pie! Much appreciated for the background information. It is a little complicated but thank you! Much, much appreciated!

Peter

Chris Ho :)

Chris Ho :) Report 10 Jan 2014 15:29

http://www.clevelandfhs.org.uk/

(could be useful)

Chris :)

Porkie_Pie

Porkie_Pie Report 10 Jan 2014 15:23

From the link below

Prerogative court
A prerogative court is a court through which the discretionary powers, privileges, and legal immunities reserved to the sovereign were exercised. In England in the 17th century a clash developed between these courts, representing the crown's authority, and common law courts. Prerogative courts included the Court of the Exchequer, the Court of Chancery, and the Court of the Star Chamber. Their procedures were flexible and not limited by common law procedures. The Star Chamber became a tool of Charles I employed against his enemies, and was abolished by parliament. A parallel system of common law courts was grounded in Magna Carta and property rights; the main common law courts were the Court of the King's Bench and the Court of Common Pleas .

The term also applied to one of the English provincial courts of Canterbury and York having jurisdiction over the estates of deceased persons. They had jurisdiction to grant probate or administration where the diocesan courts could not entertain the case owing to the deceased having died possessed of goods above a set value in each of two or more dioceses. The jurisdiction of the prerogative courts was transferred to the Court of Probate in 1857 by the Court of Probate Act 1857, and is now vested in the Family Division of the High Court of Justice by the Judicature Act.

http://en.wikipedia.org/wiki/Prerogative_court

So it may be that York could not deal with the probate due to conflict of interest? and so Canterbury got the gig

Roy

greyghost

greyghost Report 10 Jan 2014 15:21

No help in your search for an actual date

Have just had a look at the google search reference from above.
George Megginson Yeoman of Whitby Date of will 5 May 1647
Mary Megginson of Whitby Date of will 1 June 1647
Administrator of both is Hester, daughter, wife of John Oxley

Could it be that those are the dates that the wills were made rather than the dates of death and the deaths didn't occur until 1654 when the wills were put before the court?

In those days, to make a will, would they not have been a bit more than a commoner - maybe there is a marked grave in Whitby that might help with dates??

Chris Ho :)

Chris Ho :) Report 10 Jan 2014 15:20

Burial (Find My Past)
First name(s): George
Last name: MEGINSON
Date of burial 19 Feb 1649
Age at death:
Calculated year of birth: Not known
Place of burial Whitby
Dedication: St Mary
County: Yorkshire (North Riding)
Whitby St Mary:
Denomination: Anglican
Coverage 1608 - 1857
Data provider: Cleveland Family History Society

(not sure if above?) edits (No!)

http://www.nationalarchives.gov.uk/records/wills.htm

(above useful)

Chris :)

greyghost

greyghost Report 10 Jan 2014 15:07

Maybe his/their affairs were complicated or disputed and it took some time for the courts to sort things out and settle things. It happens these days.

Peter

Peter Report 10 Jan 2014 14:40

I am just confused as we see a probabte date for George and Mary Megginson in May and June 1647 and THEN a mention of them at the Prerogative Court in Canterbury in the 1650s. When did they die?

Peter

Chris in Sussex

Chris in Sussex Report 9 Jan 2014 16:38

The will is on Ancestry under the name George Meginson.

There was a period, 1653 to 1660 during the Interregnum, when the Prerogative Court of Canterbury was the only court to deal with probate for the entire country.

Chris


jax

jax Report 9 Jan 2014 16:03

Not sure what you are after but there is nothing to see on ancestry


UK, Extracted Probate Records, 1269-1975
about Megginson, George




Name:
Megginson, George

Dates:
1654

Place:
General, England

Book:
Calendar of Wills in the Prerogative Court of Canterbury, 1653--1656. (Will)

Collection:
England: Canterbury -Wills Proved in the Prerogative Court of Canterbury, 1653-1656

Text:
Megginson, George, yeo., Whitby, Yorks. 1654 468

Gee

Gee Report 9 Jan 2014 16:02

The Will must have been lodged in Canterbury, it doesn't mean that he had to live there

Have you got a copy of the full Will


http://tinyurl.com/p7xx3qn

Peter

Peter Report 9 Jan 2014 15:53

Hi there,

I beleive this a relative of mine - can I why this probate was carried out in Canterbury if the family lived in Yorkshire?

UK, Extracted Probate Records, 1269-1975 about Megginson, George
Name: Megginson, George
Dates: 1654
Place: General, England
Book: Calendar of Wills in the Prerogative Court of Canterbury, 1653--1656. (Will)
Collection: England: Canterbury -Wills Proved in the Prerogative Court of Canterbury, 1653-1656
Text: Megginson, George, yeo., Whitby, Yorks. 1654 468

That record was from ancestry and then this was from a google search (TAKEN FROM: http://archive.org/stream/recordseries01yorkuoft/recordseries01yorkuoft_djvu.txt):


168


Megginson, Geo.,


Whitby


5 May 1647


Hester, daughter, wife of




yeoman






John Oxley.


468


Megginson, Mary,


Whitby


i Jun. 1647


Hester, daughter, wife of




widdow of Geo.






John Oxley.




Megginson


Thank you,

Peter