Genealogy Chat

Top tip - using the Genes Reunited community

Welcome to the Genes Reunited community boards!

  • The Genes Reunited community is made up of millions of people with similar interests. Discover your family history and make life long friends along the way.
  • You will find a close knit but welcoming group of keen genealogists all prepared to offer advice and help to new members.
  • And it's not all serious business. The boards are often a place to relax and be entertained by all kinds of subjects.
  • The Genes community will go out of their way to help you, so don’t be shy about asking for help.

Quick Search

Single word search

Icons

  • New posts
  • No new posts
  • Thread closed
  • Stickied, new posts
  • Stickied, no new posts

Legal Jargon....- SOLVED....FANTASTIC FIND!!!!!

ProfilePosted byOptionsPost Date

Unknown

Unknown Report 28 Oct 2005 19:52

story below..................

Unknown

Unknown Report 28 Oct 2005 19:53

My ggggrandmother's brother's 1844 Will was contested and the case was so unique and complex that it rattled on for about 15yrs and is used as an example by Judges and University Law Lecturers as late as the 1950's. I've found 5 articles relating to the case on the Times Digital Archives and I don't understand it. I'm no wiser as to who 'won' or why it was contested in the first place after reading them! Anyone have any suggestions for translating it into plain English??? Thanks Lou

The Ego

The Ego Report 28 Oct 2005 20:12

In accordance with the relevant facts pertaining to said articles hitherto aforementioned a response of adequate and sound interpretation may be guaranteed upon production of said facts. Chuckle :-)

*****BMDMAD*****

*****BMDMAD***** Report 28 Oct 2005 20:13

found this website http://dictionary*law*com/ don;t know if its any good, couldn't think of a word or phrase to look up! Hope it might help

Unknown

Unknown Report 28 Oct 2005 20:18

Alter You've read the articles too then...fascinating aren't they...lol! Thanks Caz Will see whether that site makes any sense!

Jude

Jude Report 28 Oct 2005 20:22

Lou, google: legal-definitions.com or nolo.com/glossary.cfm might give you a start....J.

Unknown

Unknown Report 28 Oct 2005 20:34

Cheers Jude The will itself seems like any other bog-standard will...named several family members I wasn't aware of until then though....so I'm curious to know WHY it was so highly contested Its not like he left his estate to his favourite sheep and the widow was unimpressed by this........... Lou

Vicky

Vicky Report 28 Oct 2005 21:29

Lou, if this case was famous, was it the inspiration for Dicken's Bleak House???

Unknown

Unknown Report 28 Oct 2005 21:43

Vicky Never read Bleak House so wouldn't have a clue Not sure about famous but it seems to have been rather complex and was quoted as an example during several other similar cases also reported in the Times over a long period of time

Unknown

Unknown Report 28 Oct 2005 23:17

I imagine the answer lies with whoever contested it - and why. Did they feel they had a right to the legacy? Or was a lot of money involved and they just hoped they'd get some? How were the people who contested the Will and the beneficiaries named in the Will connected? nell

Unknown

Unknown Report 29 Oct 2005 00:37

Thanks to everyone for your help and suggestions.....I've checked out a couple of sites and confirmed one or two things and I have it sussed! William Randfield stated in his will that after debts, funeral and other testamentary expenses had been paid, other than gifts and bequests to his widow, Ann, the estate was to be passed to his only child, son and heir, William Cass Randfield. A codical was added that if 'the hand of death should befall my son William Cass without him having issue borne', then the estate was to be divided equally between the 2 son's of his late brother Richard and the 3 sons of his sister Rachel. William died in 1844 so the will was executed as such. He was a Proprieter of Houses and a Shipowner so the estate was sizeable. William Cass Randfield married in 1853 and died in 1856 leaving a will, passing everything over, including the estate he inherited from his father to his widow, Harriet. They didn't have any children. Ann Randfield was still alive (she died in 1863) so she contested the will, stating that her husband had not intended his estate to be passed to William Cass's widow. As William and Harriet had borne no children, the nephews stated in his will should rightfully inherit. Harriet Randfield argued that her husband had inherited his father's estate and by nature of his will had left it to her. The nephews instructed their own legal team so it was a fight between Ann Randfield and the nephews against her daughter in law. It went on for over 12yrs and had hearings in front of at least 4 panels of Judges., including the House of Lords twice and the Chancery Court. The nephews won! Fascinating find....I am so thrilled to have found this! Lou

Unknown

Unknown Report 29 Oct 2005 01:28

Well done! Being of a suspicious mind, I am wondering whether Harriet bumped her husband off -- he died only 3 years after marrying her. What did he die of? Sorry, I'm getting carried away...! But I can't see how it can take 12 years to sort out what was made quite clear in the codicil - I wonder why it was added, though? Maybe Mr Randfield thought his son was unlikely to marry. nell

Carol

Carol Report 29 Oct 2005 02:44

'The nephews won' After 12 years I would have thought that the winners would have been the lawyers.

Unknown

Unknown Report 29 Oct 2005 09:01

Carol A good point but if you convert what William left into 'today's' money, it comes to just over £7 million so I don't think the nephews lost out either. And maybe to Ann it was principle, she wanted her husband's will followed properly Nell I thought exactly the same thing...his death cert is on order out of sheer curiousity! Guess I'll never know why it took so long to sort out, but it appears that the original judge ruled in favour of Harriet so Ann Randfield and the nephews appealed. It was the appeal process that took an eternity! Lou

Merry

Merry Report 29 Oct 2005 09:06

LOL Carol........!! Maybe William senr was worried about his son's sexual orientation and so thought that the codicil of his will would force son's hand, to marry and have children, in order to get the money?? The son then married, but couldn't face performing the next bit of the bargain??!!! Merry

Unknown

Unknown Report 29 Oct 2005 09:11

lol Merry....maybe! The Randfield's are an odd line to be honest. I have my 5xgrandparents who had 12 children. 2 died in infancy but out of the 10 who survived, only 4 married, the rest lived out their lives doing their work, having never married. No illegitimate children have come out of the woodwork yet either. Strikes me as unusual for those times! Maybe William thought that if his own son was to follow in his aunt and uncle's footsteps and be a Jolly Batchelor, he wanted to make sure that the estate passed into the hands of the family, therefore naming his nephews.

Merry

Merry Report 29 Oct 2005 09:39

Me-thinks it didn't occur to Wm senr that his son might marry but NOT have children. He obviously used a cheap solicitor who didn't point out this possibility!! Had he left some provision for any possible widow of his son, then all this expense and trauma might have been avoided :o(( Merry

Unknown

Unknown Report 29 Oct 2005 12:05

Be interesting to see what became of Harriet. Have found her in 1861 but no trace of her beyond that so she could have died or remarried. If she DID remarry, wonder whether it was to someone with money and how long he survived after the wedding date!