Wills of:
 Eliza Louisa Marsh Caldwell
Rosamond Jane Marsh Caldwell

 

Will of Rosamond Jane Marsh Caldwell

DEATH ON OR AFTER 1ST JANUARY, 1898

BE IT KNOWN that Rosamond Jane Marsh Caldwell of Linley Wood in the County of Stafford, Spinster.  Died on the 9th day of April 1911 at Linley Wood aforesaid.  AND BE IT FURTHER KNOWN that at the date hereunder written the last Will and Testament of the said deceased was proved and registered in the Principal Probate Registry of His Majesty's High Court of Justice, and the administration of all the estate which by law devolves to and vests in the personal representative of the said deceased was granted by the aforesaid Court to:

Duke Arthur Crofton of Lakefield Mohill County Leitrim in Ireland Commander R.N
Cuthbert Eden Heath of Anstie Grange, Holmwood in the County of Surrey Esquire and
John Loring of Doddington Nantwich in the County of Chester, Land Agent

Nephews of deceased the Executors named in the said Will.

Res.. £11784-6-2

Dated the 1st day of September 1911.

Gross Value of Estate £11759=6=2

Net value of Personal Estate £10654=0=3

THIS IS THE LAST WILL of me ROSAMOND JANE MARSH CALDWELL (formerly Rosamond Jane Marsh) of Linley Wood in the county of Stafford Spinster revoking all prior testamentary dispositions made by me. I appoint my three nephews Captain Duke Arthur Crofton, Cuthbert Eden Heath and John Loring to be EXECUTORS and TRUSTEES of this my will and I declare that the expression 'my trustees' shall mean the trustees or trustee for the time being hereof. I give to my sister Eliza Louisa Marsh Caldwell all consumable stores in my residence and all moneys due to me or current at my death in respect of my share of the income from the property of which I am tenant for life with my sister under the will of my late uncle James Stamford Caldwell. I give to my trustees all books prints pictures household furniture, plated articles, linen, china, glass, carriages, horses harness and live and dead stock and other chattels and effects not otherwise disposed of by my will to which I am entitled or in which I have any share or interest upon trust to permit my said sister Eliza Louisa to have the use and enjoyment thereof during her life and without my said sister or my trustees being required to keep any inventory thereof and subject thereto in trust for the said  Duke Arthur Crofton, Cuthbert Eden Heath and John Loring or the survivors or  survivor of them in equal shares (if more than one)for  their or his own absolute use well knowing that they or he will carry out my wishes respecting such property but without hereby imposing any trust upon them save that I charge them not to disclose to any person any such my wishes. I give to my trustees all my share and interest in the moneys and investments representing the portion of income from the Linley Wood Mines which has been set aside upon trust to pay the income therefrom to my sister Eliza Louisa for her life but if at any time during the life of my sister the mines shall cease to produce income then such monies and investment shall become the absolute property of my said sister and subject thereto In trust to fall into and form part of my residuary estate. I give the following pecuniary legacies videlicet To each of the said Duke Arthur Crofton, Cuthbert Eden Heath and John Loring the sum of fifty pounds, to Edmund Harper twenty five pounds, to Anne Harper twenty five pounds, to George William Morgan if in our service at my death a sum equal to two pounds for every year he has been in our service at Linley Wood. I direct my executors to pay the cost of mourning for the servants at Linley Wood. I declare that all legacies given by this my will or any codicil hereto shall be paid free of duty. I give and devise unto and to the use of my trustees all my share and interest in the freehold messuage know as White Cottage in Linley Wood Drive and the land adjoining thereto upon trust to permit my said sister Eliza Louisa Marsh-Caldwell to have the use and enjoyment thereof and of the income therefrom for her life and subject thereto for the like use and enjoyment of the person or persons for the time being entitled to the possession of the Linley Wood Mansion House so long as such persons shall be descendants of my father and mother and the law will allow and subject thereto upon trust to fall into and form part of my residuary estate. I give devise and bequeath all the residue of my real and personal estate unto and to the use of my trustees upon trust to sell my real estate and to sell call in and convert into money such part of my personal estate as shall not consist of money at such times and in such manner as in the absolute discretion of my trustees shall seem fit and proper and (after payment thereout of my just debts funeral and testamentary expenses and legacies) to stand possessed of the residue of such cash and the proceeds of such sale calling in an conversion upon the trusts hereinafter declared Provided always and I declare that if any real or personal estate herein directed to be sold or  converted shall consist of reversionary future or contingent interests my trustees shall be at liberty in their discretion  either to wait  the falling in or vesting of such interest or interests or to  sell the same or to concur with the person or persons entitled to the prior  interest or interests in any arrangement for dividing the corpus of the property or for selling or converting the same and for apportioning the produce according to the value of the respective interests or otherwise providing for such interests and I further declare that for the purpose of  enjoyment and transmission under the trusts herein declared any real estate shall be considered as converted from my decease. And I direct my trustees to divide my residuary estate into three equal parts and as to one such third part of pay thereout to my nephew Major Henry Crofton the sum of one thousand pounds and to pay the residue thereof to my nephew and niece Captain Duke Arthur Crofton and Mrs Amelia Alicia Ann Isaac equally or the survivor if only one. As to one other third part of my residuary estate to divide the same among my nephews and nieces the children of my late sister Mary Emma Lady Heath except Colonel Frederick Heath who will have Linley if more than one in equal shares as tenants in common. And as to the remaining third part of my residuary estate to pay two further parts thereof to my nephew John Loring one further fourth part of my nephew Arthur Henry Loring and the remaining fourth part to my nephew Nele Loring provided that if any of my nephews and nieces included in the foregoing trusts concerning my residuary estate shall predecease me leaving issue living at my death such issue shall take equally between them the share their parent would have taken if living. I direct that my trustees shall have the following powers To invest any money for the time being subject to and not immediately required for the purpose of the trusts of my will in or upon any of the public stocks or funds or Government or Parliamentary securities of the United Kingdom or of India or of any British Colony Dependency or possession or upon any securities the interest on which is guaranteed by Parliament or in the stock of Wales of freehold copyhold or customary tenure in fee simple or held upon lease for any term having at the date of investment at least sixty years to run or upon or in the debentures debenture stock  preference shares of nay Railway Company in Great Britain or guaranteed Railway Company in India which shall for three years at least next before the time of  investment have paid dividends of not less than three pounds per cent per annum on its original capital but not upon any other security. To vary any investments for the time being representing trust property for any other authorised investment and to place any money which shall for the time being remain uninvested in any Bank as to my trustees shall seem fit there to remain at interest or without interest until re-invested. To postpone the sale and conversion of all or any part of my estate for such period as my said trustees shall think fit. And I declare that my trustees shall have full power to let from year to year or for a term of years upon husbandry building repairing or improving leases any of my real and leasehold estate generally at his or  their discretion and to employ receivers bailiffs accountants and others in and about the affairs of my said estate  wish such salaries and remuneration as my trustees may think reasonable IN WITNESS whereof I have to  this and the three preceding sheets of paper set my hand this twenty day of  April one thousand nine hundred and eight - ROSAMOND JANE MARSH CALDWELL - SIGNED by the testatrix Rosamond Jane Marsh-Caldwell as her  last will in the presence of us present at the same time who at her  request in her  presence and in the presence of each other have hereto subscribed our names as  witnesses - ANNA MARIE WAKE SMITH Wife, the  Curacy Talke Staffs - E MAUDE SMITH Spinster, The Curacy Talke Staffs.

On the 1st day of  September 1911 Probate of this  will was granted to Duke Arthur Crofton, Cuthbert Eden Heath, and John Loring the executors.

 

Will of Elisa Louisa Marsh Caldwell

Death on or after 1st January 1898.  Be it known that Eliza Louisa Marsh Caldwell of Linley Wood in the County of Stafford, Spinster, died on the 29th day of March 1913, at Linley Wood aforesaid.  And be it further known that at the date hereunder written the last Will and Testament with three Codicils of the said deceased was proved and registered in the Principal Probate Registry of His Majesty's High Court of Justice, and that administration of all the estate which by law devolves to an vests in the personal representative of the said deceased was granted by the aforesaid Court to

Duke Arthur Crofton of Lakefield Mohill County Leitrim in Ireland Commander R.N
Cuthbert Eden Heath of Anstie Grange, Holmwood in the County of Surrey Esquire and
John Loring of Doddington Nantwich in the County of Chester, Land Agent
Nephews of deceased the Executors, named in the said Will, prowon . £8271-18-9, dated 17th day of June 1915
Gross value of Estate £9122-12-9
Net value of Personal Estate£ 8268-15-3

This is the last Will and Testament of me ELIZA LOUISA MARSH-CALDWELL of Linley Wood in the county of Stafford spinster. I desire that my funeral may be of a simple and inexpensive character. I appoint my nephews Duke Arthur Crofton, Cuthbert Eden Heath and John Loring EXECUTORS and trustees of this my will. Whereas my sisters Georgina Amelia and Rosamond Jane and I have together been since February one thousand eight hundred and ninety six laying by and investing a considerable portion of the income we receive from the Mines on the Linley Wood estate and may continue so to do, Now I give all my interest in the monies so set aside or which shall hereafter be set aside and the investments for the time being representing the same to my trustees upon trust for my said two sisters and the survivor of them during their and her lives and life to the extent per annum of one third of the diminution per annum of the minimum yearly rent of eight hundred pounds of the said mines and subject thereto at the death of the survivor of my said two sisters to hold any balance that may be left upon the trusts ('and' crossed out) declared as to my residuary estate. I bequeath my share of all rents and royalties due or current at my death in respect of both of the Linley Wood Estate and of the mine connected therewith to and equally between my said sisters Georgina Amelia and Rosamond Jane if both of them shall be living at my death but if only one of them shall be then living then I bequeath the whole thereof to that one who shall be living at my death absolutely. I bequeath the pearls formerly belonging to my late aunt Amelia Marsh together with the diamond clasp and ear drops to my nephew Duke Arthur Crofton absolutely and I express the wish (without imposing any conditions or trust) that the said Duke Arthur Crofton will take such measures that such pearls and diamonds may become heirlooms attached to his Lakefield property if it be practicable and he see fit so to do. I give and bequeath to my trustees all books prints pictures household furniture plate plated articles linen china glass jewelry carriages horses harness live and dead stock farm implements and all other chattels and effects in which I have any share jointly with my said two sisters or either of them Upon trust to permit my said two sisters and the survivor of them to have the use and enjoyment thereof without cost during their and her lives and life without their or my trustees being required to keep any inventory thereof and subject thereto  Upon trust for my nephews Duke Arthur Crofton, Cuthbert Eden Heath and John Loring in equal shares for their own use absolutely well knowing that they will carry out my wishes respecting such property but without hereby imposing any trust upon them save that I charge them not to disclose to any person and such my wishes. And in the event of the death of any one or more of my said three nephews in my lifetime or before the death of the survivor of my said two sisters then I give the share of such nephew so dying unto such one of the brothers or sisters of the nephew so dead as shall be nominated in writing by the others or other of my said nephews. And as to all my real estate and the residue of my personal estate I devise and bequeath the same unto and to the use of the trustees of my will Upon trust to sell my real estate and to sell call in and convert into money such of my residuary personal estate as may not consist of cash or authorised securities at such times and in such manner as in the absolute discretion of my trustees shall seem fit and proper and to invest such cash and the proceeds of such sale calling in and conversion (after payment thereout of all my  just debts funeral and testamentary expenses and pecuniary legacies) in or upon the public stocks or funds or Government or real securities or upon any other security upon which trust money or cash under the control of the Chancery Division of the High Court of Justice may be law be invested without express authority with power to vary any investments for any other authorised investments and to pay the dividends and annual  produce thereof (including the actual income arising from any unconverted property) Unto and between my said two sisters Georgina Amelia Marsh-Caldwell and Rosamond Jane Marsh-Caldwell and the survivor of them for their and her lives or life but during their joint lives in equal shares. And on the death of both of my said two sisters Upon trust to divide the capital sum representing such investments as aforesaid into three equal parts and to pay one of such parts to each of my sisters Frances Mary Crofton and Mary Emma Heath and to pay and divide the remaining part to and equally among such of my nephews John Loring, Arthur Henry Loring and -Loring the sons of my late sister Hannah Adelaide Loring as shall be living at my death Provided that if any of my said sisters or nephews shall die in my lifetime leaving issue such issue shall take  and if more than one equally between them the share which his her or their parent would have taken if living at my death. I declare that every legacy devise or provision in this my will to or in favour or for the benefit of any female shall be for her sole and separate use. I empower my trustees to concur in the suspension for  so long as they may think desirable  of the sale conversion and getting in of the estate of my deceased  mother Anne Marsh-Caldwell or any part thereof whether such suspension shall at any time or not be unauthorised having regard to the will of my said  mother. And whereas in the event of my surviving my two sisters Georgina Amelia and Rosamond Jane I shall become absolutely possessed of certain personal and other property Now in the event of my so surviving my said two sisters I give all sums of money which at the time of my death may be standing to my credit at any Bank on current or deposit account Also the proceeds of the Policy of Life Assurance effected in the Rock Life Office on the lives of my mother my said two sisters and myself unto my said trustees upon trust to divide the net proceeds unto three equal  parts and to pay one of such third parts to each of my sisters Frances Mary Crofton and Mary Emma Heath or the issue of them if dead such issue to take the share the parent would have taken if living and the remaining their part to  and equally between the sons of my late sister Hannah Adelaide Loring who shall be living at my death and to the issue (if any) then living of any such son who may have died in my lifetime such issue taking equally between them if more than one the share of their parent if living at my death. And I give all my trinkets jewels watches (other than the pearls and diamonds already disposed of by this my will) and also  all my wearing apparel to my three nieces Amelia Alicia Anne Isacc, Marion Emma Crofton and Ada Randolph Broadwood or such of them as shall be living at my death share and share alike feeling assured that they will know and carry out my wishes with regard to such effect but without imposing an actual trust upon them IN WITNESS whereof I have to this my will contained in this and the two preceding sheets of paper set my hand this - day of - one thousand eight hundred and  ninety eight -

ELIZA LOUISA MARSH-CALDWELL

 

Signed by the said Eliza Louisa Marsh-Caldwell the testatrix as and for her last will and testament in the presence of us present at the same time who in her presence at her bequest and in the presence of each other have hereunto subscribed our names as witnesses.

 

JULIA STRIDE

JOHN SHEMILT

 

THIS IS A SECOND CODICIL to the will of me ELIZA LOUSIA MARSH-CALDWELL which will is dated the twenty sixth day of May one thousand eight hundred and ninety eight. I give to each of my EXECUTORS who shall prove my will and act in the administration of my estate the sum of fifty pounds  free of legacy duty IN WITNESS whereof I have hereunto set my hand this day of April  one thousand nine hundred - ELIZA LOUSIA MARSH-CALDWELL

Signed by the said  Eliza Louisa Marsh-Caldwell as a codicil to her will in the presence of us present at the same time who at her  request in her presence and in the presence of each other  have hereto subscribed our names as witnesses.

F.M.CROFTON

ROSAMOND J MARSH-CALDWELL

 

THIS IS A CODICIL to the will of me ELIZA LOUISA MARSH-CALDWELL of Linley Wood.  I give the following legacies all to be paid free of duties to my house keeper Anne Harper the sum of fifty pounds to my butler Edmund Harper the sum of fifty pounds to my maid Lilian Everden the sum of twenty pounds to my coachman John Jackson the sum of twenty pounds and to my gardner the sum of twenty five pounds Provided that they are respectively in my service at the time of my death IN WITNESS whereof I have hereto set my hand this tenth day of May one thousand nine hundred and eleven.

E LOUISA MARSH-CALDWELL

Signed by the said Eliza Louisa Marsh-Caldwell as a codicil to her will in the presence of us present at the same time who at her request in her presence and in the presence of each other have hereto subscribed our names as witnesses -

ELIZABETH HUMPHRIES Linley Wood, Talke, Kitchenmaid-

MARY STANIFORTH - Linley Wood, Talke, Housemaid.

 

THIS IS A FURTHER CODICIL to the will of me ELIZA LOUISA MARSH-CALDWELL of Linley Wood, Staffordshire which will was made in the year one thousand eight hundred and ninety eight.  Whereas by my said will I have given my net residuary estate and the investments for the time being representing the same after the decease of my sisters Georgina Amelia Marsh-Caldwell and Rosamond Jane Marsh-Caldwell (both of whom are now dead) Upon trust as to one equal third part thereof to be paid to and divided equally among such of my nephews John Loring, Arthur Henry Loring and Nele Loring as shall be living at my death and their issue if they shall predecease me leaving issue. Now I hereby in lieu of such gift declare that the said equal third part of my said residuary estate shall at my decease be paid as to two equal fourth parts thereof to the said John Loring as to one equal fourth part thereof to the said Arthur Henry Loring and as to the remaining equal fourth part thereof to the said  Nele Loring provided that if any of my said nephews shall die in my lifetime leaving issue such issue shall take and if more than one equally between them the share which his or her father would have taken if living at my death IN WITNESS whereof i have hereunto set my hand this 15th day of September one thousand nine hundred and eleven -

E LOUISA MARSH-CALDWELL

Signed by the said testatrix as and for a further codicil to her said will in the presence of us who at her request and in her presence and in the presence of each other have hereunto subscribed our names as witnesses -

ELIZABETH HUMPHRIES, Linley Wood, Kitchenmaid.

SIDNEY PARKER, Linley Wood, Footman.

 

Affidavit in support of due execution of Will on the 26th day of May 1898 and in support of due execution of the first codicil on the 11th day of April 1900 and as to the first codicil being called the second filed on the 17th day of June 1913. Probate of this will with three codicils was granted to Duke Arthur Crofton, Cuthbert Eden Heath and John Loring the Executors.