My ancestor wrote his will listing his deceased daughter - Is that possible?
I am researching my ancestor Alexander Brown of Middleton Twp, Cumberland Co, PA. In July 1782, he wrote his will (FHL#21079 image 67-68) naming his 4 daughters: Hanna, Martha, Mary & Elizabeth, but does not mention their married names. Martha is my direct ancestor who married Thomas Kennedy in 1773. I found a transcription of the family bible (FHL#1598073 item 5, image 1485) that states that Martha died in 16 Jan 1781 and that she was the daughter of Alexander Brown and Jane McClung. So my question that has me stumped is why would her father list her name in his will almost a year & half after Martha died? Is that possible? To make things more interesting. In 1800, there are court records (FHL#1433966 Probate records image 220) that Thomas Kennedy and Martha his wife are asking the courts to have a full account from James Bell, executor of the will of Alexander Brown. Martha’s sisters (Hanna, Mary and Elizabeth) are also asking the court for the same thing. How can the court list Thomas Kennedy and Martha his wife and forget to say she is deceased? I am sure Martha is deceased by then because Thomas re-married 26 Aug 1783. Does anyone know if the courts make mistakes and forget to write that the wife Martha was deceased? And that a person write a will even though the daughter had died one and half years earlier. They lived in the same county, so he must have known she was deceased. Martha’s familysearch identification number is LZY7-SCD, Thomas Is LH5F-Z2H
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Some things that come to mind:
1) how reliable is the bible record? Is there an actual image of the actual bible?) could 1781 have been 1787?
2) also as to a probate - note the difference between when the will was written and when it was probated. The will could have been written before the wife's death and probated afterwards.
3) Is there any evidence of there being more than one Thomas Kennedy in the area?
4) often when a will is written and a child is deceased the will would mention the children of that child - but again - it depends when the will was written vs probated.
5) Also helpful would be any records of the probate - as to how things were actually distributed - versus how the person intended them to be distributed as written in the will.
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any reason you haven't uploaded copies of the various sources you refer to to the Memories section of the persons in question? or as a source?
This makes it much easier to share the results of your research.
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Hello @vminiokie1 ,
Good question.
Looking at will for Alexander Brown, looks like he was @ 60 years old. Not knowing his health.
But if he listed his daughters, they or heirs could come back on the will if they so desired. If their names weren't listed. It would be hard to prove connection.
I don't know the courts back then and that area.
Martha passed but still Thomas and Martha (to wit), and other children and families are petitioning the courts for an accounting of James Bell. I'm thinking that by putting Martha in there verifies Thomas' claim. Even if it seems superfluous to us. Maybe it was useful for the court. Thomas might have to verify his claim for his children with some other kind of proof that would be more difficult., since Martha's name is in the will.
Indeed, I'm not an expert in 1700 legal proceedings. But I would accept the will at face value and maybe make a note in the source regarding Martha's death, and subsequent case against James Bell.
Was the case against James Bell resolved?
My James Bruce, who died in 1819, didn't list any of his children in his will. We found them in other sources.
Thank you for your question. It was intriguing.
Please let us know if this is helpful.
Best to you.
Anitra, Group Leader.
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