Wills & Testament

Looking for Scottish Ancestors

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joette
Global Moderator
Posts: 1974
Joined: Mon Sep 05, 2005 5:13 pm
Location: Clydebank

Post by joette » Mon Feb 06, 2006 12:52 pm

Yes my Great-Granny McKimmie had her savings in the bank before she married.The Bank went bust late 1880's.From then on she kept all monies in a box under her matress!
I think it might have been the Glasgow savings Bank but maybe I am thinking of my childhood bank account!
Researching:SCOTT,Taylor,Young,VEITCH LINLEY,MIDLOTHIAN
WADDELL,ROSS,TORRANCE,GOVAN/DALMUIR/Clackmanannshire
CARR/LEITCH-Scotland,Ireland(County Donegal)
LINLEY/VEITCH-SASK.Canada
ALSO BROWN,MCKIMMIE,MCDOWALL,FRASER.
Greer/Grier,Jenkins/Jankins

DavidWW
Posts: 5057
Joined: Sat Dec 11, 2004 9:47 pm

Post by DavidWW » Mon Feb 06, 2006 1:12 pm

Two points

As of right back then, the spouse was entitled to 1/3rd of the moveable estate, i.e. not land or buildings, and the children were entitled to 1/3rd divided among them and their heirs if a child had predeceased the parent.

Only that final 1/3rd was at the disposal of the deceased.

If there were no children, then it was 1/2 and 1/2.

In terms of heritable property, - i.e. a house, it was quite common for a widow to be granted a life-rent, i.e. the right to continue to live in the house until her death.


Secondly, it's important to understand that Scots Law differs compared to English law in respect of illegitimacy back then, - in that, as long as the parents of a child had been free to marry when the initially illegitimate child was conceived (some argue born), then the subsequent marriage of the parents automatically legitimated that child. Some parents went through the process with the registrar of having this subsequent marriage noted on the birth register entry via an RCE, but many didn't bother, but that made no difference in the eyes of Scots Law. Unlike in England back then, when it was a case of once illegitimate, forever so !

I deliberately write "back then" as the laws relating to inheritence and the treatment of illegitimacy have been altered on several occasions during the 20th century !!

David

Tracey
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Joined: Fri May 13, 2005 10:27 am
Location: England

Post by Tracey » Mon Feb 06, 2006 1:37 pm

The four that i have are all Scottish. The wealthier family one is or seems to be quite complicated and in all of them Spouces were well provided for.
What did make me smile when i noticed the date and year of RCE..........
On the 28th May 1889 at the sheriff court in an action relating to a female child born on the 7th August 1883 at the instance of *** of Aquharney, Ellon, Aberdeenshire against ** farmer of Brownside Strichen. Sheriff court found said child was the illegitimate child of ** and **.
The father died 26th September 1899 :!: Why did she wait six years :?: :wink: If it was to make sure she or daughter inherited it seems reading all this she had been missinformed but all credit to her for trying :D
Scotland - Donaldson / Moggach / Shaw / Geddes / Sim / Gray / Mackie / Richards / Joel / Coull / Mckimmie / Panton / McGregor
Ireland and Scotland - Casey / McDade / Phillips / McCandle / Dinely / Comaskey + various spellings