The Will of Anne Marsh-Caldwell, Author, 1791-1874

 

On the 21st day of November 1874 the Will with a codicil  thereto of Anne Marsh-Caldwell (heretofore Anne Marsh) formerly of Eastbury in the County of Hertford afterwards of Deacon's in the County of Surrey but late of Linley Wood in the County of Stafford, Widow, deceased, who died on the 5th day of October 1874 at Linley Wood aforesaid was proved in the Principal Registry of Her Majesty's Court of Probate, by the Oaths of Eliza Louisa Marsh-Caldwell of Linley Wood aforesaid Spinster, Georgina Amelia Marsh-Caldwell of Linley Wood aforesaid, Spinster and Rosamond Jane Marsh-Caldwell of Linley Wood aforesaid Spinster, the daughters of the Said, Deceased the Executrixes named in the Said Will they having been first sworn duly to administer, Effects under £10,000 to leaseholds.

This is the last Will and Testament of me, Anne Marsh-Caldwell late Eastbury in the County of Hertford afterwards of various in the County of Surrey but now of Linley Wood in the County of Stafford and of Sorurubrs Street in the County of Middlesex, Widow heretofore Anne Marsh I having assumed the name of Caldwell in addition to the name of Marsh.

I bequeath for such of my daughters as at my death shall be spinsters or a spinster all my prints, pictures household furniture (but not books, manuscripts or copyrights), jewellery trinkets, clothes plate (except the silver vase and tea urn after mentioned), plated articles linen, china, glass, carriages, horses, wines, liquors, and consumable stores and also all live and dead stock I may have upon any house land and premises in my own occupation or not at my decease equally to be divided between them as tenants in common if more than one and if there shall be no such daughter then I declare that the same shall (split) into and form part of my residuary personal estate herein after disposed of. 

I appoint my daughters Eliza Louisa Marsh-Caldwell, Georgina Amelia Marsh-Caldwell and Rosamond Jane Marsh-Caldwell Executrixes and trustees of my will.

I give to my daughters Francis Mary Crofton a legacy of six hundred and fifty pounds.

I give to such of my sons in law Richard Henry Crofton and Edward Henry Loring and Leopold George Heath a legacy of one hundred pounds.

I give to my grandson Duke Arthur Crofton a legacy of two hundred pounds and to my grandson Richard Martin Crofton a legacy of one hundred pounds and to my grandson Caldwell Henry Crofton a legacy of one hundred pounds and to my granddaughter Alicia Amelia Ann Crofton a legacy of one hundred pounds and to my grandaughter Marion Emma Heath a legacy of one hundred pounds and to my grandson John Loring a legacy of one hundred pounds and to my grandson Arthur Henry Loring a legacy of one hundred pounds and to my grandson Nolt Loring a legacy one hundred pounds.

I direct the legacy of each of my grandchildren to be invested in the three percent bonds and that dividends thereon accumulated and the legacy and accumulations to be paid to each of them on his or her attaining the age of twenty one years and if all or any of my grandchildren die under the age of twenty one years then I declare that the legacy of him her or them so dying and all accumulations thereof shall split into and form part of my residuary personal estate herein after disposed of. 

I give my set of diamonds and emeralds to my said grandson Duke Arthur Crofton  if he shall attain the age of twenty one years but if he shall die in my lifetime or shall die after my death under the age of twenty one years then I give the said set of diamonds and emeralds to my said grandson Richard Martin Crofton if he shall attain the age of twenty one years but if he shall die in my lifetime or shall die after my death under the age of twenty one years then I give the said set of diamonds and emeralds to my said grandson Caldwell Henry Crofton if he shall attain the age of twenty one years but if he shall die in my lifetime or shall die after my death under the age of twenty one years then I give the said set of diamonds and emeralds to such of my daughters as at my death shall be spinsters or a spinster equally if more than one. 

I give my silver vase with the initials A.E.M engraved on it and my silver tea urn presented by my aunt Hannah Stamford to my late husband and myself on our marriage to such of my daughters as at my death shall be spinsters or a spinster for their or her spinsterhood and as soon as any of the said daughters shall marry or die I bequest the same to the others or other of them for their or her spinsterhood and after the death or marriage of all such daughters or if all my daughters shall be married at or shall have died before my death then I dispose of the said vase and tea urn as follows.

I bequeath the said vase to the eldest son then living of my daughter Eliza Louisa Marsh-Caldwell and if there shall be no such son then I bequeath the said vase to the eldest son then living of my daughter Francis Mary Crofton and if there shall be no such son then I bequeath the same to the eldest son then living of my daughter Georgina Amelia Marsh-Caldwell and if there shall be no such son then I bequeath the said vase to the eldest son then living of my next daughter Rosamond Jane Marsh-Caldwell and if there shall be no such son then I bequeath the said vase to the eldest son then living of my daughter Mary Emma Heath but if there shall be no such son then I bequeath the said vase to the eldest son then living of my late daughter Hannah Adelaide Doring.

 I direct that subject to the aforesaid bequest in favour of my said daughters my said silver tea urn shall be annexed to that mansion house at Linley Wood aforesaid as an heir loom to be enjoyed by that person or persons being issue of my late husband and myself for the time being trustirally entitled to the same mansion house under the limitations contained in the testamentary disposition thereof made by my late brother James Stamford Caldwell Esquire deceased but so that such heir loom shall be subject to all executory limitation over on the death of each tenant in tail or in tail male under the age of twenty one years without leaving issue in tail or in tail male living at his or her death to or in favor of the person or persons being issue of my late husband and myself as aforesaid entitled under the subsequent limitations according to the tenor of such limitations and in case that person entitled in possession to the said vase or tea urn (as the case may be) shall be a minor I direct such vase or tea urn as the case may be to be delivered to his father or mother or whichever of them shall be living on behalf of them, his or her son and the receipt of such father or mother or of whichever of them shall be living for such vase or tea urn shall be a complete discharge to my executrixes for the same.

 I give all my books (but not manuscripts or copyrights) unto such of them my daughters as shall be living at my death equally to be divided between them if more than one and I declare that every of my said daughters who shall die in my lifetime leaving issue living at my death shall in the constitution of this bequest be deemed to have survived me and to have died immediately after my decease.

I give to Elara Brabery, formerly my Lady's Maid the sum of fifty pounds sterling free from legacy duty.

I give to my Coachman John Brorle if in my service at my death the sum of twenty five guineas free from legacy duty.

I give my leasehold &ldots;coach house stable and premises No. 3 Sowisbes Street aforesaid unto (and if more than one) equally between such of my daughters as shall be living and a spinster or spinsters at the time of my death  (but subject in exoneration of my general estate to all the rents and covenants of the lease to be paid and performed after my death) and if I shall leave no daughters surviving me and a Spinster I direct that the said &ldots; and premises shall fall into and be considered part of my residuary personal estate hearinafter disposed of.

I devise and bequeath all my real and  personal  estate not otherwise disposed of by this my will or any codicil thereto unto the use of my trustees upon trust and to the intent that the same shall be sold, converted into money and got in by my trustees at such time and in such manner and subject to such conditions as they shall think fit.

And I direct that my trustees shall have full uncontrolled power to suspend the sale conversion and getting in of all or any part of my real and residuary personal estate for such power as they may think fit and to sell all or any of my real estate and of such of residuary personal estate as shall be in its nature saleable together or in parcels by public auction or private &ldots; and to make any special or other conditions on the sale of any of the trust property as to title or &ldots; of title or otherwise and to buy in the premises(?) offered for sale by public auction and to vary or restrict, either on terms or gratuitously, any remnant and to resell without being answerable for any loss and I especially declare that my trustees shall have full authority to sell and dispose of my manuscript books and other manuscripts and my copyrights to publication and other works either absolutely or for any limited interest or interests therein as well reversionary as otherwise and as well such interest or interests as may remain after any sale or sales as any other interest or interests therein and upon such terms and in such manner in all respects as they in their absolute discretion shall think fit and with full discretionary power to retain unsold all or any portion of the said lastly mentioned premises or of any interest therein respectively for such period and to manage the interest retained in such manner as they shall think proper.

And I further declare that my trustees shall have full power to let from year to year or for any term of years upon husbandry buildings repairing or improving leases any of my real and leasehold estate for the time being remaining unsold and also to manage the affairs of my estate generally at their discretion and to employ receivers bailiffs accountants and others in and about the affairs of my said estate with such salaries and remunerations as they may think reasonable.

And I declare that for the purpose of enjoyment and transmission under the trusts herein before declared my said estate shall be considered as converted from my decease and the rents dividends interest and other yearly product thereof to accrue but after my decease until the sale conversion or getting in of the same shall be deemed the annual income thereof applicable as such for the purposes of the said trusts without regard to the amount of such income or the nature of the investment or investments yielding the same save and except that any monies arising from any dealings with my said manuscript books and other manuscripts and copyrights or publication and other works shall for the purposes of this my will be deemed capital. 

And I direct that my trustees shall invest conformably to the directions hereinafter contained respecting investments the ready money of which I shall die possessed and the product of the real and personal estate hereby directed to be sold or otherwise converted and got in and not immediately wanted for the purposes of my will so far as such product shall be of the nature of capital.

And I direct that my trustees shall hold all my residuary estate after payment thereout of my debts and funeral and testamentary expenses  and legacies, which I have or thereupon the trusts following that is to say. 

As to one equal sixth part thereof.  In trust for my daughter Eliza Louisa Marsh-Caldwell

As to one other equal sixth part thereof.  In trust for my daughter Georgina Amelia Marsh-Caldwell

As to one other equal sixth part thereof.  In trust for my daughter Rosamond Jane Marsh-Caldwell

As to one other equal sixth part thereof.  In trust to pay the income thereof to my daughter Frances Mary Crofton for her separate inalienable use during her life and after her decease Upon trust for her child if only one or all her children if more than one who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain the age of twenty one years or marry and or if more than one in equal shares.

And as to one other equal sixth part thereof.

In trust to pay the interest thereof to my daughter Mary Emma Heath for her separate and inalienable use during her life.

And after her decease Upon trust for her child if only one or all her children if more than one other than her sons Arthur Raymond Heath and Frederick Heath, who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain the age of twenty one years or marry and if more than one in equal shares.

And as to the remaining equal sixth part thereof.

 In trust for the child if only one or all the children if more than one of my deceased daughter Hannah Adelaide Doring who shall attain the age of twenty one years and if more than one in equal shares.

And I declare that so far as no child or children of my said daughters Francis Mary Crofton and Mary Emma Heath respectively shall become entitled under the trusts aforesaid then if such daughters respectively shall not or under coveture at the time of her death the share hereby provided for her as aforesaid shall be in trust for such daughter absolutely but if she shall be under reverture at the time of her death shall be subject to her appointment by will or codicil Provided further and I declare that as to any part or share or parts of shares of my residuary estate which by reason of lapse or otherwise shall eventually not be disposed of under the trusts and powers aforesaid the same shall go and be upon trust for my daughter if only one or all my daughters if more than one who shall survive me, exclusive of any daughter whose original shares at the time when this proviso shall come into operation shall go or shall previously have gone over, and if more than one in equal shares.

But I declare that the share to which each or either of the said Francis Mary Crofton and Mary Emma Heath shall become entitled under or by virtue of the last  previous trust shall be held by my trustees upon the same trust as with the like powers and provisions in all respects as are herein expressed and contained respecting the original share of such daughter under this my will Provided always that if both or either of my two last named daughters shall at my death be or shall at any time after my death become a widow without any child entitled or presumptively entitled under the trusts aforesaid each such daughter shall thereupon become absolutely entitled to every share and interest hereby provided for her in my residuary estate Provided always and I hereby direct that as to all or any part or share of any trust monies stocks bonds or securities to which any minor shall for the time being be entitled in &ldots; &ldots; attaining the age of twenty one years or on attaining that age or marrying by virtue of or under the trusts of this my will my trustees shall accummulate all the annual product thereof in the way of compound interest by investing the same and all the resulting income thereof from time to time in or upon any of the stocks funds or securities hereinafter mentioned for purposes of investment, with power to vary the securities at their discretion.

And I declare that each such accumulated fund shall be added to the principal fund or share from which the same respectively shall have provided and be considered part thereof Provided always and I declare that it shall be lawful for my trustees at any time or times after my decease, but so that all my daughters who shall be living and shall leave any remaining interest in possession the property shall &ldots; thereto in writing to appropriate and allot any part of my property in spirit in or towards satisfaction of the shares or share of my said children and grandchildren or any of them and every or any such appropriation shall  take effect from such period and be made for or in respect of such sum and in other respects in such manner as my trustees shall deem fair.

And the property appropriated in respect of any share which shall not be immediately payable or transferrable for some person absolutely entitled thereto shall remain vested in my trustees on the trusts  and subject to the provisions on and for which such share is hereby directed to be held.

Nevertheless I declare that it shall be lawful for but, not imperative on my trustees at any time on the application in writing of my daughters Francis Mary Crofton and Mary Emma Heath or either of them to assign or otherwise make over any property appropriated as aforesaid in respect of their or her shares or respective share or any separate trustees of the nomination of such daughters or daughter to the interest that such property may be thenceforth held by such separate trustees on the trusts applicable thereto according to the best intent of this my will. 

I direct that all investments to be made in pursuance of my will shall be made in or upon stocks or funds of the &ldots;.. or upon the stocks of the Bank of  England  or Ireland or stock or securities of the present Government India or Railway Navigation or other stocks guaranteed by Government or upon mortgage on such titles as my trustees may think proper to accept and either subject or not subject to prior encumberances of freehold or copyhold or leasehold  estates in England or Wales or Ireland such leasehold estates not having less than sixty years to run at the time of the investment or upon the stocks shares bonds or securities or debenture stock of any Incorporated company or Undertaking whether commercial municipal or otherwise on various business or constituted in Great Britain or Ireland or India or any Colony or dependency of Great Britain which shall be guaranteed by the British or Indian Government or the interest or dividend in respect of which stocks shares bonds or securities shall be guaranteed by the Government of the United Kingdom or of India and that my trustees shall have power in their discretion to vary such investments for any other investments for the description specified in the clause, but as to any settled fund with the consent  in writing of the person entitled to the income thereof if there shall be any such person of the age of twenty one years or upwards.

I devise all real estate which shall at my decease be vested in me as a mortgagee or trustee to the said Eliza Louisa Marsh-Caldwell, Georgina Amelia Marsh-Caldwell and Rosamond Jane Marsh-Caldwell subject to the equities affecting the same respectively. 

I declare that the power of appointing new trustees of my will shall be vested in all my daughters and the survivors and survivor of them notwithstanding reverture during their lives and the life of the survivor of them.

And I declare and direct that all trusts and powers hereby confided to by trustees herein named shall be exercisable by the trustees or trustee for the time being of my will.

I declare that every legacy devise bequest or provision in this my will to or in favor or for the benefit of  any female shall be for her separate use free from marital-- and her receipt alone shall be a full discharge for the same.

And I revoke all former and other wills in Witness whereof I have hereinto set my hand and seal that is to say to the first eight sheets my hand and to this the ninth and last sheet my hand and seal this twenty fourth day of March one thousand eight hundred and sixty eight - Anne Marsh-Caldwell (£8) &ldots; Signed sealed published and declared by the said testatrix as and for her last will and testament in the presence of us both present at the same time who in her presence at her request and in the presence of each other have subscribed our names as witnesses the word 'my having been' previously substituted for the word 'any' in the thirteenth line of the first sheet and the word 'equal' having been previously interlined in the seventh line of the sixth sheet -E Wynne Lincolns Inn Fields -L Malcolm Wynne Clerk to Mr Wynne 46 Lincolns Inn Fields.

 

THIS is a Codicil to the last Will and Testament of me Anne Marsh-Caldwell which Will bears date the twenty fourth day of March one thousand eight hundred and sixty eight.

Whereas by my said Will I have directed that subject to a bequest therein contained in favor of my daughters therein mentioned my silver tea urn shall be annexed to my mansion house at Linley Wood an heir loom to be enjoyed by the person or persons being issue of my late husband and myself for the time being trustorially entitled to the same mansion house under the limitations contained in the testamentary disposition thereof made by my late brother James Stamford Caldwell Esquire deceased but so that such heirloom shall be subject to an executory limitation over on the death of such tenant in tail or in tail male under the age of twenty one years without leaving issue in tail or in tail male living at his or her death to or in favor of the person or persons being issue of my late husband and myself as aforesaid outlined under the subsequent  limitations.

Now I do hereby direct that in case there shall be no issue of my said late husband and myself who under the provisions of my said will shall become absolutely entitled to the said silver tea urn then I bequeath the said tea urn to my grandson Duke Arthur Crofton absolutely. In the witness thereof I have and hereunto set my hand and seal this eighth day of August one thousand eight hundred and seventy two -Anne Marsh Caldwell (£8)  Signed sealed published and declared by the said testatrix as and for a codicil to her last Will and Testament in the presence of us both present at the same time and in the presence of each other who in her presence and at her request and in the presence of each other have subscribed our names as witnesses -Anne Harris, Dogpole, Shrewsbury, Lady Maid -Thos Husband, Bedale, Yorks, Footman.

 

Proved at London with a codicil 21st November 1874 by the Oaths of Eliza Louisa Marsh-Caldwell Spinster, Georgina Amelia Marsh-Caldwell, Spinster and Rosamund Jane Marsh-Caldwell, Spinster, the daughters the Executrixes to whom &ldots; was granted.

The above will is copied from a copy in the Probate Office, High Holborn, London.  The following estimate of property is copied from a document in the Staffordshire Record Office (4228/10/16).

 

Estimate of Property of the Late Mrs Marsh-Caldwell for Probate

(Died 5 Oct 1874 at Linley Wood)

Cash in the House     £14.10.2
Cash at Newcastle Bank     £50.10.11
Cash at Sir S Scott's     £54.2.8
Value of furniture     £2,062.0.0
For Roscoe's Mortgage     £400.0.0
£300 East London 6% Debentures @ 107     £321.0.0
£300 Great Eastern Railway Ordinary Stock @ 43     £129.0.0
£1888 London & North Western Railway Consol Stock @153     £2896.16.9
£510 Madras Irrigation Canal Guaranteed Stock @ 111    £566.0.0
25 Share of £25 each English Scottish & Australian Bank @ 23 ½     £587.0.0
8 £20 Shares in Great Indian Peninsula Railway     £52.10.0
£820 Midland Railway Consol Stock @ 134     £1098.16.0
3 5% Preference Shares of £20 each in ditto     £42.0.0
4 Shares in Mad&ldots; Davy's Coz Ltd     £80.0.0

The proportion of Rents & dividends according to Miss Marsh-Caldwell's letter cannot amount to £655.3.6 

Therefore swear under £9,000.0.0

The rents are stated (with the proportion of dividends) to exceed £655.3.6.  

The Estate is therefore to be sworn under £10,000.0.0

 

If you have any information to add to what is listed please contact me on jj@jjhc.co.uk

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