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Wills were made primarily by the middle and upper classes, mostly by males with property. Before 1882 a wife who died before her husband could not make a will except with her husband’s consent or under a marriage settlement created before her marriage. A widow, however, could make a will.<br><br> | Wills were made primarily by the middle and upper classes, mostly by males with property. Before 1882 a wife who died before her husband could not make a will except with her husband’s consent or under a marriage settlement created before her marriage. A widow, however, could make a will.<br><br> | ||
Before 1750 heirs often did not prove wills to avoid court costs. The will was often kept in case someone later objected to the distribution of the property. As a result, sometimes wills were probated decades after the testator’s death. Some archives have collections of unproved wills. Others may be among family papers. | |||
Until 1833 real property could be entailed. This specified how property would be inherited in the future. An entail prevented subsequent inheritors from bequeathing the property to anyone except the heirs specified in the entail. | Until 1833 real property could be entailed. This specified how property would be inherited in the future. An entail prevented subsequent inheritors from bequeathing the property to anyone except the heirs specified in the entail. |
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