GEN-MEDIEVAL-L Archives

Archiver > GEN-MEDIEVAL > 2001-04 > 0987204723


From: (Reedpcgen)
Subject: Re: Tomlinson, Elizabeth: Estate of
Date: 13 Apr 2001 23:32:03 GMT
References: <d9.13145716.2807c24c@aol.com>


[Ken writes:]
>Why was Edward Bagley appointed by the court as an administrator in 1635 when
he was a defendant? >

When was Edward Bagley a defendant?

>Why not chose the husbands of the daughters that were the executors in the
1631 case? >

Because the executors named in her nuncupative will (a) NEVER legally served as
her executors (her will was NEVER proved), and (b) the one was an illegitimate
son, the other would represent the interests of his illegitimate wife, and thus
would not have been next heir at law.



>who appointed Edward Bagley as administrator and why, when he
>was a defendant and the suit was brought by Dud Dudley?

What are you talking about? When was Edward Bagley defendant in a suit brought
by Dud Dudley?

> Why was there need
>for an administrator when only a lawyer was necessary to represent the
>defendant?

An administrator was NECESSARY because Elizabeth Tomlinson had an estate. The
court needed to appoint an administrator on legal grounds. As Elizabeth was
not indebted to creditors, and had LAND and personal property of worth, the
court would, according to legal precedent, appoint the next legal heir as
administrator. That was the law.

Probate law in AMerica is not what it was in ENgland at that time. It is
erroneous and misleadng to apply your personal experience to this problem. It
even varies county by couty and state by state. I've testified as an expert
witness in probate cases before, but that has nothing to do with the Tomlinson
problem.

Also, I thought it interesting that no one was disputing that Elizabeth
Tomlinson had bequeathed 40-50 pounds to the poor of the town of Dudley, and
that this was not in dispute. Thomas Tomlinson alias Dudley and Henry Jevon
even announced this in the local churches.

So, if Elizabeth Tomlinson bequeathed 50 pounds to the poor of Dudley, why
should the bequest of that amount to her nephews be remarkable?

Paul

This thread: