Money in Chancery

[Segilla]

An ancestor left money which found its way into Chancery.
What are the rules for who could benefit from it? Title clearly passes down to any living descendants, but what about others who have died this past 170 years and their offspring.

[follyfancier]

http://www.unclaimeda...nclaimed_balances.htm
this might help

[dotty.]

you would need to check first that the money/estate had never been claimed, then you would need to compile a complete family tree and identify all siblings/descnedants/spiuses in every generation, you would then need to contact every living descendant of any of the generations and provide a paper trail through civil registration that would include or exclude any adoptees or step-relatives (none blood relatives).
Good luck with that .

[Segilla]

Thanks Dotty. The main point I want to establish is that once a potential benficiary has died, that he / she and spouse and children drop out of the picture.
I've been studying the family since 1963 and even as recently as 2 months ago another child was discovered, (not in my direct line) and a baptism of two children in St Brides Fleet St, the father being imprisoned in the Fleet at the time.

I hope that the following resume may be of interest.

1788, American colonial Loyalist family (most of the 6 sons are army officers), quit Boston for London.

Son Otho Amiel gets hold of an illegitimate under-age £5000 heiress and marries her at Gretna "at 2 am in the morning".
They go to the Trustees for the money but are refused as it's not a proper marriage,
They marry in church, bride uses her father's name, Tyssen.
"Go away. Not a proper mge as you are not a Tyssen".
They marry yet again, bride uses her mother's surname.
Once more they go to Trustees.
Another Chancery case which they win.
Back to the Trustees and are told, "We cannot give you the money as it has been let out on mortgage". (A smart lawyer's trick?).
Otho then has the interest only for the rest of his life.
In his two declarations when entering the Fleet - twice - his sole asset is the £5K.

About 10 years ago note was sent me saying that the £5K was noticed in a 19C newspaper.

Incidentally,when looking at ancestry's 'London, Baptisms, Marriages and Burials, 1538-1812 - Updated'. I noticed several people whose surname purported to be Amelia. These result from careless transcription where the incumbent had entered the surname first. Also it seems the transcriber hasn't bothered to read the whole entry, where a wife's forename and surname are given.
Look at surname Elizabeth - the same tosh.
Try any forename (though where it c

[Barmaid]

You need to look at the original Will and or Trust deed together with any judgements. You would probably also need the advice of a chancery lawyer since I suspect you will have massive limitation issues here.

[dotty.]

no, the beneficiary inherits and the property then becomes his to leave to whoever he decides in HIS will, so if that is his children, there is no claim from his nephews, brothers, cousins unless he willed it to them, or unless illegitimacy can be proved for ALL his children, and in law, the father's name on the birth certificate after 1837 is usually enough,

[dotty.]

plus if his wife inherits and then remarries and has more children they become her heirs and can inherit legitimately from her estate.

[Barmaid]

Dotty, generally speaking you are right. however, 19th century wills and trusts are notoriously difficult - apart from anything else, strict settlements are now abolished. The first point of call has to be the original settlement. Spouses and children can still be included - again it depends on the original document. It's impossible to say without seeing the original documents.

[dotty.]

I agree Barmaid, it also sounds abit like the old Manhattan Island thing lol
My great grandfather tied up his estate in property with proviso for his 4 daughters to use them as homes for their married life, then they were to be sold and other properties bought, all very complex as you say.

[PennMan]

Hello Segilla -- I am looking for any information you have on Otho Amiel. I understand he was born in Boston and fought on the side of the crown in the Revolutionary War. Do you have any other specifics about him? Thanks! Scott

[PennMan]

Hello Segilla. I am doing research on Otho Amiel. I know he was born in Boston and served the King in the American Revolution. Do you have any other specfics about his life? I would greatly appreciate it. Scott

[Segilla]

Hello PennMann. Please let me know your interest or connection. I have lived with Otho, his six brothers and sister, his ancestors and his mother's illustrious ancestry for nigh on 50 years and have more information than you could cope with in an evening,
If you put up yr email address I will mail you.


othofor