Genealogy Chat

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This week I received the will of my 5xg grandfather John Mears, of Cotton Farm Titchfield, from the Hampshire Records office. I was assuming that he had left Cotton farm to my 4xgreat grandfather, Richard Mears his youngest son, because he and his family certainly moved in there after his fathers death in 1812, then sold the property in 1818 for approx 2,632 pounds, which was put in a trust fund for him and his heirs and which he retired and lived off for the rest of his life. However, nowhere in the will does Cotton Farm appear to be bequeathed to anyone as far as I can tell, though several other lands and estates are to his elder children, so I'm a bit puzzled. Have read and re read it and cannot see if I am missing it. The goods and effects on and within the farm are bequeathed, to be sold and monies shared between his daughter Rachel, my 4xg gfather Richard and the housekeeper (she and her two sons do pretty well and get equal shares of pretty much everything, so presumably were his illigitimate children), but the property itself does not seem to be covered. Could post the will here..but it's very long (four pages). Here's the paragraph that deals specifically with Cottons: Also I give and bequeath unto the said Levi Smith and George Tovory all and every my household goods and furniture, plate, linen and china, and all every my stock in husbandry, crop on the ground, goods, chattels, personal estate and effects whatsoever, and what mine soever being in and about the said farm lands and premesis called 'Cottons', In trust that the said Levi Smith and George Tovory and the survivor of them and the executor and administrators of such survivor do and shall as soon as conveniantly can be after my decease would sell and dispose of all and every my aforesaid effects for the best price and most money that can or may be had or gotten for the same, and do and shall from and out of the monies arising by sale pay, apply and divide the sum of one hundred pounds of which careful money unto and equally between the said Peter Burgess and WIlliam Burgess, shared and shared alike, in addition to the one hundred pounds shared I before given them, and in case of the death of either of the said Peter Burgess and William Burgess to be paid to the survivor, his executors or administrators. Then upon trust that they my said trustees as aforesaid do and shall pay apply and divide all and every the remainder of the said trust monies which shall have so arisen as aforesaid unto and equally between my daughter Rachel the wife of John Houghton, my son Richard Mears, and Hannah Burgess my housekeeper, shared and shared alike, and to their respective executors and administrators. Any ideas on this please?

This happened on one of mine. It turned out that they did sell the property but the family remained living in it paying rent to the purchaser then eventually owned the property again.

I find that when a farm is not mentioned in a Will, it is because the farm automatically goes to the eldest son. (Primogeniture) This transfer of the property goes on elsewhere, outside the Will. I found most of mine in Ecclesiatical records under transfer of land deeds, or 'three lives'. OC

'I find that when a farm is not mentioned in a Will, it is because the farm automatically goes to the eldest son. (Primogeniture)' Thing is Richards older brothers James and John were both alive at the time. James was the eldest and is left all the tools of the trade of husbandry of his fathers in his posession, but only on express the condition he pays back the debts he owes his father, and also that he doesn't 'make up' or 'pretend' he is owed any debts from his fathers estate after death. John was left a freehold dwelling house Beamhouse Garden and premises situated at Botley, occupied by a mr Blundell (who witnessed the will). He also got a share of money from the sale the other goods, shared equally with his three siblings, the housekeeper and her two sons. John (sr) made this will June 5th 1812, and died Novemeber that year. There is a note on the will added May 1813, the date when the executors were sworn to execute the will, and they value the goods,chattels and credits as no more than 1,500 pounds. I'm not sure whether that includes the two estates he had bequeathed to John and Rachel, if it does, seems strange Richard the youngest would get Cottons worth twice that amount. Can understand why perhaps James didn't get it the eldest, seems father didn't much trust him, but why not then John?

Richard, It may be worth while your looking for earlier Wills. I have a similar one which puzzled me, then I obtained the grandfather's Will, I found he had left property to several grandsons, including a farm presently occupied by his son, to that son's younger son, therefore, it did not show up in the son's own will. Jennifer

Richard I have quite a few farmers in my tree, lol, and none of them ever mention the farm they are actually living in, as part of their estate. This puzzled me for ages, as the family lived on the same farm for at least 350 years, but I eventually discovered that the farm passed automatically to the eldest son. The body of the Wills I have, usually mentions 'all my personal estate' and occasionally, by name 'my real estate, comprising of, blah blah' He may not, at the time of his death, owned the freehold of the farm, and his executors then bought the freehold. Another angle is, the older sons may have already had their share of the money before he made his Will. The fact that his estate is to be put in trust for the beneficiaries suggests they are either not old enough to handle their own money, or he doesnt think they are clever enough! I have one instance where the farm passed, on the three lives system, to the eldest son, but the youngest lived in it and leased it from his brother. On the other hand, he may not have liked or trusted either of the older sons! OC

Land Tax assessments may help. The period you are querying title for falls into this period: 'The records from 1780 to1832 have survived in much greater numbers, as duplicates among the County Quarter Sessions records. This is because the Clerks of the Peace in various counties used them to establish men's electoral rights. From 1780, payment of land tax on freehold property worth £2 or more a year qualified a man to vote.' I should think that Hampshire RO are a likely place to start locating them.

Thanks Ivy I may go down that route. OC, Richard, the youngest son was 36 at the time, the oldest son nearly 50, so they were not minors (not sure about the two sons of the housekeeper). The chap Levi Smith was a local timber merchant and seems to have done the same for others in their will too, selling the goods and passing the monies on to the beneficieries. Prior to 1812, on the baptism of his children Richard describes himself as 'Farmer'. After 1812 he takes on same title as his father a 'yeoman farmer' , and then after 1818 goes back to farmer again. Not sure if that's significant.

Oh also I forgot to mention, prior to his fathers death Richard was not living at Cottons farm at all, he was occupying the other estate in Swanwick, which was given to his sister Rachel in this will, effectively I suppose kicking him and his family out of it, which makes it even stranger he ended up in the main family home.