Hi to the List,
I sent the following to a researcher in response to her simple query.
Something that I have never run acrossed is a mention of the fact that
there may be a will in an estate file that does not appear in the will books.
I have found this on two occasions of my husband's ancestor's estates, as
well as my step-father's. It appears from the first two cases mentioned,
the executor named in a will chose not to serve in that capacity or did not
qualify (was deceased, lived out of state...), an administrator was then
appointed, and reference is made in the administrator's report of the "will
attached" and was filed in the estate file, but not recorded in the "big"
book. Regarding my step-father's will, my mother was not mentioned in his
will, even though they had been married for 25 years. He was senile the last
five years and died at the age of 97. He wanted to leave everything to his
"unattentive" children who lived out of state (a fact, not meaning to being
derisive). A step-son by his former marriage was named as executor in the
will. The attorney advised him that my mother, according to law as the
surviving spouse, was entitled to $10,000 off the top, regardless of the
will, and if the will was probated, my mother could break the will, in which
case she would then (also?) be entitled to 1/3 of the estate. The attorney
suggested not probating the will, if all of the legatees would agree to this,
then disposing of the balance of the estate according to the terms of the
will. If they could not agree, the will would be probated, and court costs
and attorney's fees contesting the will could deplete the estate. All agreed
not to probate the will.
Another point I would like to make is that on more than one occasion,
even though the will had been recorded, it was not included in the index to
the book!
Then another point, a husband mentions "his dearly beloved wife" who is
nameless, and you wished he had given her a name. Well, generally speaking,
immediately following the recorded will is an "election of the widow" to
accept the terms of the will, which gives her name, however, this "election"
may have been recorded following the recording of several other wills in
between, and generally speaking again, this "election" does not appear in the
index in the "big" book.
I wondered if any of you have encountered these points, or if you have
anything additional to add that you have encountered.
Lou in Indiana