Post by Zenobia on Apr 11, 2007 21:27:55 GMT -5
A little note here on a common stumbling block found in early Cornish wills: relationships that are not defined in modern terms. There are three that can be a pitfall to the uninitiated:
COUSIN - In later Cornish wills (1800s) the term cousin usually means the same as it does in modern usage. But beware - in early wills (mid 1700s and earlier, and sometimes even into the late 1700s), the word cousin almost never refers to the same relationship as it does today. Instead, it refers to a nephew or niece, or a grandnephew or grandniece. The actual terms nephew and niece are occasionally found (about 2% of the time) to denote these relationships in early wills, but generally cousin is used instead.
KINSMAN/KINSWOMAN - In most early Cornish wills (mid 1700s and earlier), the term kinsman usually refers to the relationship that we know of today as 'cousin'. But be careful; this term is tricky. It can also refer to in-laws, or sometimes even to nephews and nieces. Kinsman is probably the most difficult term to pinpoint in early Cornish wills.
IN-LAW - Today, when we see the terms 'mother-in-law', sister-in-law' etc., we take these to mean that the person is referring to the mother and sister of one's spouse. And in Cornish wills, these terms were also used to mean those relationships. [But, unfortunately, there were other meanings also, that we would not today realize. The term 'in-law' was also used to denote step-relationships; ie: 'mother-in-law' could refer to a stepmother; 'brother-in-law' a step-brother etc. And to make things even more complex, the terms sister-in-law and brother-in-law were also sometimes used to refer to the testator's HALF brothers and sisters!
One more thing to beware of, when a testator makes a reference to 'my mother', 'my father' etc., although he is usually refering to his own parent, it sometimes refers to the wife's parent(s) instead. Since husband and wife were legally considered one entity, this usage was not uncommon.
COUSIN - In later Cornish wills (1800s) the term cousin usually means the same as it does in modern usage. But beware - in early wills (mid 1700s and earlier, and sometimes even into the late 1700s), the word cousin almost never refers to the same relationship as it does today. Instead, it refers to a nephew or niece, or a grandnephew or grandniece. The actual terms nephew and niece are occasionally found (about 2% of the time) to denote these relationships in early wills, but generally cousin is used instead.
KINSMAN/KINSWOMAN - In most early Cornish wills (mid 1700s and earlier), the term kinsman usually refers to the relationship that we know of today as 'cousin'. But be careful; this term is tricky. It can also refer to in-laws, or sometimes even to nephews and nieces. Kinsman is probably the most difficult term to pinpoint in early Cornish wills.
IN-LAW - Today, when we see the terms 'mother-in-law', sister-in-law' etc., we take these to mean that the person is referring to the mother and sister of one's spouse. And in Cornish wills, these terms were also used to mean those relationships. [But, unfortunately, there were other meanings also, that we would not today realize. The term 'in-law' was also used to denote step-relationships; ie: 'mother-in-law' could refer to a stepmother; 'brother-in-law' a step-brother etc. And to make things even more complex, the terms sister-in-law and brother-in-law were also sometimes used to refer to the testator's HALF brothers and sisters!
One more thing to beware of, when a testator makes a reference to 'my mother', 'my father' etc., although he is usually refering to his own parent, it sometimes refers to the wife's parent(s) instead. Since husband and wife were legally considered one entity, this usage was not uncommon.