The LANE/LAIN(E)s of Ulster, Ireland, Chapter 5

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Will of James LANE & Jane STRONG in New Zealand

The Will

It was hoped that the 1883 Will of James LANE would provide confirmation of various family relationships. However, since the Will only gave partial confirmation we should re-assess the relationships between the possible members of our LANE family. The following table relates the family members to the sources of information and then to the resultant pieces of data.

LANE Relations
Source Birth Date Birth Place Father's Name Father's Occupation Mother
Last Updated on 21/3/2003 By PD & LE STRONG
Jane
Father's Will Not mentioned in the Will
Baptism 3/11/1839 Parish Lissan James LAINE - Mary
Marriage ~1840 - James LAIN Yarn bundler -
Death ~1839 Co. Antrim James LANE Linen dresser Mary MOORE
Birth of Child ~1840 Cookstown (Birth of John Taylor STRONG)
Birth of Child Sarah Ann LANE present at birth of Jane's daughter Mary STRONG
Birth of Child The naming of Jane's daughter Sarah Ann STRONG
Note A most probable sibling for Sarah Ann and Joseph. Was she left out of the Will since she was on the other side of the world?
Sarah Ann
Father's Will - - James LANE Labourer Margaret
Baptism 9/9/1842 Parish Lissan James LANE - Mary
Marriage - - James LANE Watchman -
Census_1881 ~1843 Ireland James LANE - Margaret
Census_1891 ~1842 Ireland - - -
Joseph
Father's Will - - James LANE Labourer Margaret
Marriage ~1848 - James LANE Yarn dresser -
Census_1881 ~1848 Belfast - - -
William
Father's Will Not mentioned in the Will
Baptism 24/4/1851 Parish Lissan James LANE Farmer Margaret
Census_1881 ~1847 Ireland - - -
Marriage Witness to Joseph's marriage suggested he could be his brother?
Note: William LANE doubtful record. Since he lived at Gateshead, Durhamhe should have been included in the Will? DOB's derived from Baptism and Census a little too far apart, suggesting these recordsare of different William LANEs.

The above table shows that the only beneficiaries mentioned in James LANE's Will apart from Margaret LANE (wife) were Sarah Ann DAVI(D)SON (daughter) and Joseph LANE (son). Not mentioned in the Will were Jane STRONG (daughter) who had emigrated to New Zealand in 1874 and William LANE (son). It is suggested from the accumulated data that in spite of Jane not being included in the will, that she still be considered a sibling to Sarah Ann and Joseph. Also, on balance of probabilities, it is considered that the "William LANE" records could possibly be of different people, though it is still possible that one or more of his records are of a sibling to Sarah Ann and Joseph. More research needs to be done on William before he can be included in this family.

A transcription of the Will and the arising Administration Documents now follows, with a subsequent discussion of difficulties in implementing the terms of the Will.

This is the last Will and Testament of one James LANE of No. 3 Maud Street Jarrow-on-Tyne in the County of Durham made this twenty fifth day of May in the year of our Lord one thousand eight hundred and eighty three. I hereby revoke all wills by one at any time heretofore made. I appoint Mr. Joseph Paul Estate Agent 32 Croft Terrace Jarrow-on-Tyne County of Durham to be my Executor and I direct that all my just debts and funeral and Testamentary expenses shall be paid as soon as possible after my decease. I hereby give and bequeath unto my wife Margaret LANE during her life the sum of four shillings per week with the use of the furniture now in the house No. 3 Maud Street Jarrow-on-Tyne my son Joseph LANE to take possession of the household goods for that purpose. And I hereby will that after the decease of my wife Margaret LANE that the furniture and household effects be equally divided between my daughter Sarah Ann Davidson and my son Joseph LANE and I hereby also will and bequeath that the value of the house No. 3 Maud Street Jarrow-on-Tyne be divided between my daughter Sarah Ann Davidson and my son Joseph LANE in the following manner namely one fourth of the value of the home to my daughter Sarah Ann Davidson and three fourths of the value of the house to my son Joseph LANE or in the case of her or his death the above proportions to go to her or his heirs these shares to be in respect of the balance left after making provision for my wife Margaret LANE and the repayment of the sum of Forty six pounds seven shillings and ninepence (£46-7-9) which was advanced to me by my son Joseph LANE for the redemption of the property No.3 Maud Street Jarrow from the Trustees of Guardian Building Society Grainger Street Newcastle-on-Tyne.

Signed published and declared by the said Testator as and for his last Will and Testament James LANE in presence of us, who at his request in his No.3 Maud Street Jarrow-on-Tyne presence and in presence of each other have County of Durham hereunto subscribed our names as witnesses.

Dorothy Mary Paul
Ellaner Dixon
Harrie Rutherford

On the ninth day of September 1884, Letters of Administration with the Will annexed of the personal Estate and Effects of James LANE late of No.3 Maud Street Jarrow in the County of Durham Labourer deceased, who died on the eighteenth day of April 1884, at Jarrow aforesaid were granted by Her Majesty's High Court of Justice in the District Registry attached to the Probate Division thereof at Durham to Sarah Ann Davidson (Wife of William Davidson a Coal Trimmer) of No.6 Hope Street Jarrow aforesaid the natural and lawful daughter and one of the next of kin of the said deceased she having been first sworn duly to administer Joseph Paul the sole Executor named in the said Will having renounced the Probate and Execution thereof There being no Residuary legatee named in the said Will and Margaret LANE the lawful Widow and Relict of the said Testator having renounced the Letters of Administration with the Will annexed of this personal Estate.

Sureties- Joseph Paul of No.33 Croft Terrace Jarrow aforesaid Estate agent and John Moore of 62 Stead Street Jarrow aforesaid Gentleman. Gross Effects £140 Extracted by Hoyle Shipley & Hoyle Solicitors Newcastle-on-Tyne.

Source: Will and Administration of the Estate of James Lane. Probate Registry, Clifford Street, YORK, YO1 9RG. United Kingdom. 1884.

Discussion of Will
  1. Questions deserving consideration are:
  2. Why did the named executor renounce the probate and execution of the Will when he was made executor the previous year with his wife(?) as one of the witnesses?
  3. Why did Margaret (the widow who had the first right of administration of the will) or Joseph LANE (the principal beneficiary) not undertake the probate?
  4. Why is it asserted there is no residuary legatee under the will?
  5. What was James LANE's intention in his will?

It seems that James LANE thought the house would be sold at his death... and that the furniture and household effects would go IN EQUAL shares to Sarah and Joseph after Margaret had the use thereof during the remainder of her life. This would deny Margaret's right of "dower" or the portion of a deceased husband's real estate allowed by the law to a widow for her life. Perhaps the family thought that this was unfair. The executor perhaps colluded with the family by saying he was not going to be executor, forcing the will into administration. Perhaps Margaret renounced probate of the will so she would be free to assert rights of dower in the house against the terms of the will... and everyone went along with that plan. I wonder what happened in the final settlement of the estate.... The house might have gone into possession and control of Margaret in right of her dower interest during her life. She could then sell the house in collusion with the administrator Sarah, and receive a lump sum cash amount out of the sale of the house... with the remainder going to Sarah and Joseph under the terms of the will... or perhaps being split equally depending on the generosity of Joseph.

A curious aspect is the "residual legatee" ruling! The terms of the will indicate that Joseph was to get 3/4ths of the value of the house, and Sarah was to get 1/4th of the value... AFTER the decease of the wife, Margaret LANE. This might be read to indicate that Sarah and Joseph (and their heirs) were the residual legatees. For some reason, they chose to ignore this interpretation. Note, a residual legatee might have had the right to claim that the terms of the will should have been adhered to ... and this finding, that there IS NO such legatee neatly forecloses that possibility.

The final curious aspect of the Will is the lack of mention of James' daughter Jane. This would be grounds for her to claim against the estate for her portion, as an "unnamed heir"! Was this due to her living on the other side of the world?

Dave STRONG (lawyer) has been most helpful in providing comment on the will. I would be grateful for comment from any other readers.

 

Jane STRONG (née LAINE) in New Zealand

Recorded detail of Jane STRONG (née LAINE)'s life in New Zealand is in the context of her life with her husband Robert STRONG ..... on the STRONGs of Ulster, Ireland pages. After Robert died in 1910, Jane lived with her son William Aberdare STRONG in Drury until her death in 1921. My father (also Robert STRONG) had never met his grandmother Jane. However, Robert sent a postcard to his grandmother after his grandfather's death, which had a note "14/12/13 From Robert STRONG, Sydney, to Granny STRONG, Drury" added at the top of the letter:

Postcard to Jane STRONGPostcard to Jane STRONG
From Robert GD STRONG

 

On the other side of the postcard is a historic early picture of St Andrews Cathedral, Sydney, notable for a wrought iron fence which has been since demolished to create a town square. Perhaps Jane was a devout woman who would be interested in the details of the confirmation and christening.

Postcard showing St Andrews Cathedral, Sydney. Postcard showing St Andrews Cathedral, Sydney.

The Story Continues