Estate Records - More than just wills (part 3)

If a person dies without a will (intestate) and there is property to be distributed, then someone has to apply for Letters of Administration. Most often this is the surviving spouse or adult children, but it could be a creditor.

When Henry William Ruby, merchant, died in Port Elgin, Ontario without a will, his wife applied for Letters of Administration.  He was survived by his wife and seven children. In the request for the letters of administration, she names the children and tells where they are living.

2. The said William Henry Ruby, who is the oldest son of the said deceased is now residing in the City of Chicago, in the United States of America, and the said John Emmanuel, who is the second oldest son of the said deceased, is now residing in the City of Winnipeg in the Province of Manitoba

3. The said Frederick Ruby resides in Smith's Falls in the Province of Ontario

4. The said Alexander, Carl, Ada, and Oswald Ruby are infants under the age of twenty-one years.

5. The said Ada and Oswald Ruby reside with me in the said Village of Port Elgin, and the said Alexander Ruby is also at present residing with me in the said Village.

From statement #5, it would appear that Alexander may have at some time not lived with his parents.

Frederick renounced his right to letters of administration. This document gives the date of death of his father.

Whereas William Henry Ruby, late of the Village of Port Elgin in the County of Bruce, Merchant, deceased, died on or about the Eighth day of August, 1892, intestate, and had at the time of his death a fixed place of abode at the Village of Port Elgin in the said County of Bruce, and Whereas I, Frederick Ruby, of the Town of  Smith's Falls, in the County of Lanark, Clerk, as one of his natural and lawful children and next of kin.

NOW I the said Frederick Ruby do hereby expressly renounce all my right and title to letters of administration of the property of the said deceased In Witness Whereof I have hereunto set my hand and seal this twenty Seventh day of October, 1892

© 2010 Janet Iles

Estate Records - More than just wills (part 2)

In several of  the wills that I have been examining for my presentation, the person (the testator) gives only one dollar to some individuals. The question is why?

From a parent to a child or amongst siblings: The child may have already received land as a gift or money to help them out. The person has already received a share of the estate. Check to see if there was a transfer of land with a notation of "for love and affection" and perhaps showing $1.00 as the amount.

Perhaps, the family members are not close or had a falling out but by giving only $1.00 they are not left out of the will and not forgotten. It is generally included to avoid law suits.

One will that I found very interesting was the will of David Walden of Kincardine, Ontario. He left the bulk of his estate to his house keeper. He gave each of his children $1.00 except his daughter Kate Donnely and son David Walden who were each to receive $50. The children of his two deceased children were to receive a $1.00 each.

There were stipulations made in the will.

• After the decease of the house keeper, all his goods to be sold and the value split equally amongst all the heirs named in his will
• The housekeeper had to continue to take good care of him up to the time of his death.
• If she was to die before he did, the housekeeper's child was to receive $130 for the next four years to help with his clothing and education.

Because of the interesting wording of the following clause, I quote it.

I will and direct that if the said Elizabeth Ann Findley holds any communication with or allows any of the Barrett family now living on the beach to visit her or if she keeps company with any of them either in public or in private or in any way recognizes any of them then this will is to be null and Void. Use to remain in full free virtue and effect.

David’s will dated 11 May 1882
He died  15 November 1882
1881 census David Walden  living with him are Elizabeth and William Findley

Question: Why is Elizabeth Ann Findley not allowed to have anything to do with the Barrett family? Who is to police this?
© 2010 Janet Iles

Estate Records - More than just wills (part 1)

 Today we often refer to someone's last will and testament as their will. In early times, these were two separate legal documents to express the person's wishes of how they wished their property disposed of after their death. A will pertained to the disposition of real property and a testament to the disposition of personal property.

This document also names who they wish to look after the disposition of their estate -- the executor or executrix (female).

Some wills are very straight forward, while others are complex and it often helps to chart out the information to figure out who gets what and what limitations are put on the bequest (what they are receiving). Some wording is repetitive.

As I prepare, my presentation, I am finding it quite helpful to transcribe the text so that I can focus on all of the details of the will.  I am using Transcript so that I can view the image and the text I am typing at the same time.


Not everyone dies with a will, so sometimes that complicates things but sometimes that produces some more useful documents.

© 2010 Janet Iles

Estate Records - More than just wills

Three weeks from today on February 27 (my birthday), I will be speaking about Estate Records for our local genealogical society, Bruce Grey Branch of the Ontario Genealogical Society. The meeting will be at 1:30 p.m. at the Church of Jesus Christ of Latter Saints on 2nd Avenue  South East (extension of 2nd Avenue East), Owen Sound.

I am going to post various snippets from my presentation, in a series of postings. The information will focus on Ontario, Canada records but I hope the information will be helpful no matter where you live.

© 2010 Janet Iles