Expert: Maria - 1/15/2012

Question
Hi,
Could you please give me your opinion on the English meanings for the attached extract. It is the probate for a will from 1667.
The names mentioned are James Nield, John Neild and Mary Neild.
I am particularly interester in the last bit which appears to say John Neild and Mary Neild "fratris" (brother?) and Mary Neild "sororis" (sister) of the said deceased.
I am unsure as to whether the first Mary Neild is the same person as the second and whether fratris can refer to 2 people.
The will itself, in English, does refer to her brother John and sister Mary, but could this bit also be refering to a Mary being the wife of John?

Answer
Hello,

Though the difficulty  in deciphering the minuscule cursive in medieval Latin writing,I think that the Latin bit you refer to reads as follows:

“……ad usum et comodum Johannis (genitive case) Neild et Mariae (genitive case) Neild, fratris (genitive related only to John Neild), et Mariae (genitive) Neild, sororis (genitive related to Maria) dictae (genitive ) defunctae ( genitive feminine related to the said deceased)”.

Therefore I think that this is the meaning:

“…..to advantage [ad usum et comodum] of John [Johannis] Neild and [et] Maria [Mariae] Neild, brother [fratris], and [et] Maria [Mariae] Neild, sister [sororis] of the said [dictae]deceased [defunctae]....”.

In short, I believe that:

-the first Mary Neild is not the same person as the second. I think that the first Mary Neild was the wife of John.

-the genitive “fratris” cannot refer to 2 people, but only to John Neild, since FRATRIS is a genitive singular of the nominative FRATER (brother)

-perhaps the will itself, in English, refers to Ellen’s brother John, his wife Mary, and Ellen’s sister Mary.
So, it seems that Ellen has bequeathed her possessions to her brother John & his wife Mary and her own sister Mary.

Best regards,
Maria