The Will of James Caldwell of Linley Wood
Competent Judge, Greetings, Whereas,
Having whilst living, and at the Time of his Death, Goods, Chattels, or Credits, in divers Dioceses or Jurisdictions did make his Will as contained in certain paper writings marked A and B and Codicil (hereunto annexed) and did therein name James Stamford Caldwell Esquire his Son sole Executor who-
Now resides within your Jurisdiction, and, by reason thereof, cannot without great Expense come to our Prerogative Court of York, for the Purposes herein after mentioned. We therefore in Aid of Law (Justice so requiring) do request you jointly or severally to swear the said James Stamford Caldwell as well of the Truth of the said Will and Codicils as of the faithful Performance thereof, and to make a true and perfect Inventory of all and singular the Goods, Chattels, and Credits of the said Deceased, and to render a true and just Account thereof, and to exhibit the same into the Registry of our said Prerogative Court., and further to do in the Premises as shall be needful: requesting that (such Oath being administered) you duly transmit to the Commissary of our said Court or his Surrogate, the said Will Codicil and the whole Proceedings thereon, subscribed with the proper Hand or Hands of one or more of you, immediately after the Execution thereof, together with these Presents, so that Justice may be administered in the Premises: for which you shall receive the like Favour from us, if at any Time required. Given at York, the fourth Day of April in the Year of our Lord, One Thousand Eight Hundred and Thirty Eight.
Extracted by Geo Lawton Proctor
Joseph Cuckle, Deputy Registrar.
The Form of the Oath to the Executor laying his Hand on the Bible or New Testament.
Your Oath is, that the Writing annexed, contains an Official Copy of the true last Will and Testament and Codicil of the above mentioned James Caldwell Esquire deceased as far as you know or believe, and that you will truly perform the same, by paying first his Debts, and then the Legacies therein contained, as far as his Goods, Chattels, and Credits, will thereto extend and the Law charge you; and that you will make a true and perfect Inventory of all the said Goods, Chattels, and Credits, and exhibit the same into the Registry of the Prerogative Court of York, at the Time assigned you by the said Court, and render a just Account thereof when lawfully required; that the Whole of the Goods, Chattels, and Credits, of the said Deceased, (within the Province of York,) do not amount to the sum of (one thousand crossed out) three thousand Pounds, and that you believe the Contents of the Affidavit hereto annexed, to which you have subscribed your Name, were and are true.
So help you GOD
* Edward, by Divine Providence, Lord Archbishop of York, Primate of England, and Metropolitan, to our well-beloved in Christ, the most Reverend Father of God William by Divine Providence Arch Bishop of Canterbury his Vicar General Surrogate, or any other competent Judge, Greetings, Whereas..
Requisition for Will
Extracted from the Registry of the Prerogative Court of Canterbury.
The last Will and Testament of me James Caldwell of Linley Wood the County of Stafford, Esquire made the twenty fifth day of May in the Year of our Lord one thousand eight hundred and thirty six Whereas upon my decease the sum of Five thousand pounds will become payable under each of the settlements made upon the Marriages of my three Daughters Hannah Eliza Roscoe, Anne Marsh and the late Margaret Emma Holland making with the sum of three thousand pounds heretofore paid by me under each of the said Settlements the portions or - of my said Daughters the sum of Eight thousand pounds each. Now I do hereby charge all my real and personal estate with the payment of the said several sums of Five thousand pounds Five thousand pounds and
Five thousand pounds at the times and in manner and to and for the - and purposes mentioned and expressed in such Settlements respectively and in discharge of the Covenants ..(bottom line not readible)
* also charge my said Real and Personal Estate with the payment of the sum of Four thousand
Pounds owing by me on Bond to the Estate of the late Mrs. Hannah Stamford and of One thousand and Six hundred pounds owing by me on Bond to the Executor of my late Sister Anne Caldwell I give and bequeath to my said Daughters Hannah Eliza Roscoe and Anne Marsh the sum of Two hundred and fifty pounds apiece to and for their own separate use and benefit respectively without the same being liable to the Debts control or engagements of their respective Husbands and freed and exempt from these Covenant or provision contained in their said respective Marriage Settlements as to my money or effects which might come to them by gift devise or otherwise. And I direct that the receipt of each of my said Daughters Hannah Eliza Roscoe and Anne Marsh shall be a good and sufficient discharge for her said legacy. Also I give and bequeath to the several persons who are or shall be named in a List or paper writing marked AA and signed with my name which I direct shall be taken as part of my Will the several legacies or sums of money therein respectively mentioned. And charged as aforesaid I devise and bequeath all my * (messuages)
* messuages lands tenements and hereditaments
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Whatsoever and wheresoever. And all and singular my Real and Personal Estate of every description unto my dear Son James Stamford Caldwell his heirs executors administrators and assigns for ever And I do hereby constitute and appoint my said son sole Executor of this my last Will and Testament. And I do hereby revoke all former Will and Wills by me at any time heretofore made and do declare this to be my last Will and Testament. In Witness whereof I the said James Caldwell the Testator have to the first sheet of this my Will contained in two sheets of paper subscribed my name and to this second and last sheet thereof have subscribed my name and set my seal the day and year first before written.
James Caldwell (-) Signed and sealed published and declared by the said James Caldwell as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses attesting the due execution thereof F.H.Tomlinson Solicitor ?
(-) Willm Chester - Thos Brittain Clerks to Thos Kennersly & Sons Newcastle //
- B list or paper writing marked AA referred to by my will-
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Day of May in the year of our Lord one thousand eight hundred and thirty six. I give to my beloved Sister Elizabeth Caldwell the sum of Fifty Guineas. I give to my three respected and -d Sons in Law Doctor Henry Holland Arthur Cuthbert Marsh and William Stanley Roscoe the sum of twenty five Guineas each. I give to such of my Grand children as shall be living at the time of my decease the sum of Ten guineas each. I give the sum of Twenty (?) pounds to Samual Beardmore of Talk on the Hill Farmer. I give the sum of Twenty pounds to Mary Beardmore now living at my Farm. I direct that the sum of Fifty pounds shall be divided amongst such Household Servants as shall be living with me at the time of my decease in such manner and proportion as my Executor and my said Sister shall think proper. I give to my Servant Martha Stubbs the sum of Twenty five pounds over and above her share of the Fifty pounds (bit more crossed out.)
I charge all such real estate and personal estate
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as is given to me by the Will of Mary Perlington ? late of Rode Heath deceased when the same shall come into possession of me my Heirs and Executors the payment of the sum of Two hundred pounds unto and amongst all and ever the Children of Thomas Collision late of Liverpool Surgeon deceased and of his sister / Tunstall equally to be divided amongst all such Children share and share alike - Jas Caldwell
(Enclosed) list of Paper Writing AA referred to by my Will dated 25th May 1836 Sep
1837 Jas Caldwell //
A Codicil to the last Will and Testament of me James Caldwell of Linley Wood Esquire so dated the eighteenth day of December one thousand eight hundred and thirty seven. I give to my dear Sister Elizabeth Caldwell one Moiety or equal half part of all money as shall arise and accrue to me next or for or on account of a Legacy or sum of Eleven hundred Pounds given to me by the Will of Joseph Skerrett late of Nantwich Esquire deceased
Jas Caldwell //
(Endorsed) 18th Dec 1837 Codicil to my Will.
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In the Goods of James Caldwell Esquire deceased.
Appeared personally John Tomlinson of Cliffville in the Parish of Stoke upon Trent in the County of Stafford Esquire and Frederick Wright Tomlinson of the same place Gentlemen and severally made Oath that they knew and were well acquainted with the said James Caldwell late of Linley Wood in the County of Stafford Esquire deceased for some time before and down to the time of his death and during such their knowledge of and acquaintance with the said deceased they have several times seen him write and also write and subscribe his name whereby they have become well acquainted with the manner and character of handwriting and a subscription of the said deceased. And the Deponents having now with care and attention perused and inspected the paper writings hereunto annexed purporting to be and contain the last Will and Testament with or Codicil thereto of the said deceased the said Will being contained in two papers writing marked with the letters A & B the said Paper Writing marked B beginning thus "List or paper writing marked AA referred to by my Will ending thus" to be divided amongst
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Top line not visible.
being thus subscribed 'Jas Caldwell' and endorsed thus 'List or paper writing AA referred to by my Will dated 25th May 1836 Sep 12th 1837' and being thus subscribed 'Jas Caldwell' and having the word "Guineas" interlined between the 7th and eighth lines from the top of the first page thereof also the word Twenty written over in obliteration in the third line and the words 'at the time of my decease' interlined between the 11th and 12th lines respectively from the top of the second page thereof and also the words 'over and above her share of the fifty pounds' appearing to be added to the first and forming the second line of the third page of the said paper writing the said Codicil beginning thus " A Codicil to the last Will and Testament of me James Caldwell" ending thus given to me by the Will of Joseph Skerrett late of Nantwich Esquire deceased and being thus subscribed "Jas Caldwell" and having the following endorsement thereon "18th Dec 1837 Codicil to my Will Jas. Caldwell" They lastly made Oath that they verily and in their consciences believe the whole body series and contents of the said paper writing marked with the letter B together with the said subscription set and subscribed thereto and the endorsement there on and
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the several before recited interlineations and addition appearing therein aforesaid as well as the Letters "J. C. being the initial letters of the names of the said deceased placed opposite to contain obliterations and to the aforesaid interlineations and addition appearing in the said paper Writing and also the whole body series and contents of this aforesaid codicil beginning and ending as aforesaid together with the subscription set and subscribed thereto and the endorsement therein to be all of the proper handwriting and subscription of the said James Caldwell Esq deceased - Jn Tomlinson - F.W.Tomlinson = On the third day of March 1838 the said John Tomlinson and Frederick Wright Tomlinson were duly sworn to the truth of this Affidavit by virtue of the Commission hereunto annexed before me Henry Holmes B.D. Officiating Minister of the Chapilry of Talk, on the Hill in the Parish of Audley, Commissioner
In the Goods of James Caldwell Esq deceased Appeared personally James Stamford Caldwell of Linley Wood in the County of Stafford Esquire and made oath that he is the Son and the sole Executor named in the last Will and Testament of the said James Caldwell late of Linley Wood aforesaid esquire deceased and which
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in two papers writings marked with the Letters A & B and one codicil thereto are now hereunto annexed. And the Deponent further made Oath that the said deceased departed this life on Tuesday the sixteenth day of January last and that on the Friday following to the best of his recollection and belief he the Deponent proceeded to search for the Will of the deceased in the presence of his the Deponents Sister Hannah Eliza Roscoe (Wife of William Stanley Roscoe) and Anne Marsh (Wife of Arthur Cuthbert Marsh) and of Elizabeth Caldwell Spinster the Sister of the said Deceased and having opened an Iron Cupboard in the house of the said deceased at Linley Wood aforesaid which was kept by the said deceased locked the Deponent found the paper writing hereunto annexed marked A & B as aforesaid deposited together in the Envelop also hereunto annexed which was unsealed but tied with a piece of Red Tape and endorsed as follows to with "The last Will of James Caldwell." And the Deponent further said that on first inspecting the said paper writing marked B he observed various obliterations interlineations and alterations therein and having now .. paper writing and particularly noticed the ..
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The obliterations of the word 'one' in the third line and of the word 'pounds' in the seventh line with the interlineation of the word 'Guineas' and in the 7th and 8th lines respectively from the top of the first page thereof also the obliteration of a word in the third line with the word 'Twenty" written immediately over such obliteration also the interlineation of the words 'at the time of my decease' between the eleventh and twelfth lines respectively from the top of the second page of the said paper writing also the words 'over and above her share of the fifty pounds' appearing to be added at the end of the first line and forming the second line of the third page thereof also the obliteration of the whole of the third fourth fifth sixth and seventh lines of the said third page and of the Subscription 'Jas Caldwell' written at the foot of the said seventh lines also the obliteration of the figures and word 25th May 1836 and the interlineation of the same figures and word over the said obliteration in the endorsement on the fourth page of the said paper writing each of such obliteration interlineating and alterations having the Letters 'J.C.' being the initial letters of the names of the said deceased placed opposite to them respectively in the margins of the said several pages of the
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said Paper Writing. The Deponent lastly made Oath that the said paper Writing is now in respect to the aforesaid obliterations interlineations and addition and in every other respect in the self same plight and condition as when the same was so first found by him as aforesaid save that the same has since been marked with the letter B as hereinbefore mentioned. And the Deponent further made Oath that the Codicil to the said deceaseds Will now hereunto annexed as aforesaid was shortly after the discovery of the said Will as aforesaid delivered to the Deponent by the aforesaid Sister Hannah Eliza Roscoe who informed him as he verily believes to be true that she had just previously found the said Codicil deposited between the leaves of a Cash Book belonging to the said deceased which Cash Book she had found in a Drawer of a Writing Table in the House of the said Deceased at Linley Wood aforesaid - J.Stamford Caldwell - On the third day of March 1838 the said James Stamford Caldwell was duly sworn to the truth of this affidavit by virtue of the Commission hereunto annexed Before me - Henry Holmes B.D. Commissioner.
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As (B) with a Codicil of James Caldwell of Linley Wood in the County of Stafford Esquire deceased was Proved at London on the second day of April in the Year of our Lord one thousand eight hundred and thirty eight before the Right Honorable Sir Herbert James Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of James Stamford Caldwell Esquire the Son of the said Deceased and the sole Executor named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the said Deceased he having been first sworn (by Commission) duly to administer//
The as contained in Paper Writings marked A & B1.