*Generally, does "in tail" refer to a trust meant to keep wealth concentrated in/with a line of heirs into the future, with each individual restricted as to what he/she can do with lands, for example?
In the will are cited the testator's two legitimate sons and an illegitimate son and daughter. A Cuthbert Langton and wife Jone are also cited as directed to receive -- "to the use of," and in tail -- some copyhold land of the testator's.
*Does the inclusion of Cuthbert and/or Jone in an "in tail" scenario mean they are likely relatives of the testator's?
Is it even possible that Cuthbert's wife Jone is the testator's illegitimate daughter of the same name, mentioned farther down in the document (and that the marriage has been contracted but not yet fulfilled at time of will, as she is a minor)?
Or am I missing an important point about what "in tail" does and doesn't mean, and Cuthbert and Jone are legatees for some reason other than blood relationship?
On Thursday, June 23, 2022 at 8:42:57 PM UTC-7, Girl57 wrote:here, or at least referred to 'Jone, aforesaid' or some other indication she had already been referred to. Such indicators were not always included, but Joan was probably the most common female name at the time, so it is unsafe to assume any two people
*Generally, does "in tail" refer to a trust meant to keep wealth concentrated in/with a line of heirs into the future, with each individual restricted as to what he/she can do with lands, for example?
Holding in tail encompassed a whole lot, depending on the specific circumstance - there is a whole section on it here:
https://books.google.com/books?id=AmYyAAAAIAAJ&pg=PA162#v=onepage&q&f=false
In the will are cited the testator's two legitimate sons and an illegitimate son and daughter. A Cuthbert Langton and wife Jone are also cited as directed to receive -- "to the use of," and in tail -- some copyhold land of the testator's.
*Does the inclusion of Cuthbert and/or Jone in an "in tail" scenario mean they are likely relatives of the testator's?I would say this provision neither makes it more nor less likely. It is the mention of Joan at all, rather than just namig Cuthbert, that suggests the connection - genealogical or social - involved her.
Is it even possible that Cuthbert's wife Jone is the testator's illegitimate daughter of the same name, mentioned farther down in the document (and that the marriage has been contracted but not yet fulfilled at time of will, as she is a minor)?I guess it is theoretically possible, but from the excerpts I would say that it doesn't read like that. Basically, Ralph is being charged to be her guardian, which would have been odd had she already been married - it should have referred to Cuthbert
taf, Thank you, as always, for all points and insight. I must be making a bit of progress (!); one of your points occurred to me ["It is the mention of Joan at all, rather than just namig Cuthbert, that suggests the connection - genealogical or social -Or am I missing an important point about what "in tail" does and doesn't mean, and Cuthbert and Jone are legatees for some reason other than blood relationship?
I don't think this will supports a hypothesis of relationship without further evidence.
taf
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