#52Ancestors – Week 9 – Where There’s A Will

Where There’s a Will – There Are Always Questions  !!

Elizabeth’s Headstone

I don’t have copies of many wills relating to members of my family, however I do have the will of my 2 x great grandmother Elizabeth Duncan nee: Harney also spelled Arney and Arnold.

Elizabeth left her husband in 1863/64 taking their five children, and then lived with a man by the name of Henry Downey. Together Henry and Elizabeth had another 6 children.

Elizabeth’s will specifically shows the difference between what was important to a family in the late 1800’s and now. She bequeathed horses and drays, a cow and calf, foals, a saddle mare and her furniture, goods and chattels to her children.

I found Elizabeth’s will very enlightening in regard to the surnames of the children, as many of Henry’s children were in fact commonly known by Elizabeth’s previous surname of Duncan, even though they were legally registered by the surname Downey.  Was it common knowledge that Elizabeth and Henry weren’t married, and why ,after Elizabeth became a widow, didn’t she marry Henry Downey?

It seems quite strange also that she leaves specific items and/or money to all but two of her children – John and Clementina. Was there a difficult relationship between these two children and their mother? Elizabeth states that after bequeathing the nominated items, that her estate was to be divided equally amongst all her children, but I thought it unusual that two children were left nothing of a personal nature; something like a horse, cow or furniture that had meant something to Elizabeth.

Also of note: it appears that her partner of roughly 23 years is not mentioned in the will at all, although he may have benefited from the will in the written instructions which Elizabeth requested to be left with her bank manager which is mentioned in the will.

Elizabeth was staying with her daughter, my great grandmother Julia Bailey, when she became ill – dying of Pneumonia just 9 days later. Curiously, Elizabeth made her will on the day she died – 12 Nov 1887 – placing her mark X on the document, so we know that she couldn’t write. Elizabeth must have been fully aware her time on earth was nearing an end and maybe this explains why her children John & Clementina, as well as her partner Henry weren’t mentioned in the will – maybe Elizabeth was just too sick. Henry is certainly mentioned on Elizabeth’s headstone though –

In

Loving Remembrance

Of

Elizabeth Duncan

Died Nov 12^th 1887

Aged 48 years

Leaving Eleven Children and a Dear Friend

To Mourn Their Sad Loss

Sources

Headstone, Elizabeth Duncan nee: Harney, Tamworth General Cemetery, Tamworth, New South Wales, Australia.  Photographed by Julie Preston 16 Jan 2014