BADNALL WILLS AND INVENTORIES

The Bednall Archive

Last updated 19/10/2008


2ND TO 5TH CODICILS TO THE WILL  OF MRS.  JANE ELIZABETH BADNALL OF THORPE, DERBYSHIRE 1920 

THIS IS A SECOND CODICIL to the Will dated the twenty fifth day of March one thousand eight hundred and ninety five of me Jane Elizabeth Badnall of Thorpe in the county of Derby Widow Whereas by my said will I have bequeathed the sum of one thousand pounds to my cousin Catherine Cruso and the sum of two thousand pounds to my cousin Blanche Constance Argue And whereas by the first Codicil to my will dated the sixteenth day of February one thousand nine hundred and sixteen I have bequeathed the following legacies One thousand pounds to Hilda Aspinall the daughter of my late cousin Evelyn Aspinall. one thousand and two hundred pounds to my second cousin Mary Elizabeth Cruso now Mary Elizabeth Parsons the wife of William Parsons and also to her my share and interest in the sum set apart to provide for an annuity for Ann Towndrow and a substituted legacy of forty pounds to Albert Bridgewater if he shall not be in my service at the time of my death Now I will and direct that the said legacy of one thousand pounds to the said Catherine Cruso shall be reduced to the sum of five hundred pounds that the said legacy of two thousand pounds to the said Blanche Constance Angus shall be reduced to the sum of one thousand pounds that the said legacy of one thousand pounds to the said Hilda Aspinall shall be reduced to the sum of five hundred pounds that the said legacy of one thousand and two hundred pounds to the said Mary Elizabeth Parsons shall be reduced to the sum of nine hundred pounds and that the said substituted legacy of forty pounds to the said Albert Bridgewater shall be reduced to the sum of twenty pounds and that my said will and first codicil shall be construed in tie same manner in all respects as if the said respective sums of five hundred pounds one thousand pounds five hundred pounds nine hundred pounds and twenty pounds had been inserted therein instead of the said respective sums of one thousand pounds two thousand pounds one thousand pounds one thousand end two hundred pounds and forty pounds and I do hereby revoke the said bequest contained in my said first codicil to the said Mary Elizabeth Parsons of my share and Interest in the sum set apart to provide for an annuity for Ann Towndrow as therein mentioned and I bequeath the said share and interest unless the sum shall have been received by me in my lifetime to my second cousin Florence Nivin formerly Florence Cruso And whereas under paragraph 7 of my said first codicil I have bequeathed to my maid Mary Jane Cock whether in my service or not at the time of my decease en annuity of one hundred pounds Now I will and direct that the said annuity to the said Mary Jane Cock shall he increased to the sum of two hundred pounds and that the said first codicil shall be construed in the same manner in all respects as if the sun of two hundred pounds had been inserted therein instead of the annuity of one hundred pounds And whereas under clause 9 of my said first codicil subject as therein expressed I have bequeathed one half of the funds set aside or invested to answer the annuities bequeathed to Mary Jane Cock and Mary Wright or either of them unto and equally between the said Mary Elizabeth Parsons and Florence Nivin and Reginald Beaumont Badnall or such of them as should be living at my death and the issue then living of such of them as may have died in my lifetime and as therein mentioned and I declared that the remaining half of the sum so set apart should sink into and form part and follow the destination of the residue of my estate Now I hereby revoke such bequest to the said Mary Elizabeth Parsons, Florence Nivin and Reginald Beaumont Badnall and in lieu thereof subject to paragraph 8 of my said first codicil and to the payment of the said annuities to the said Mary Jane Cook and Mary Wright I bequeath two thirds of the funds or sum so set aside or invested to answer the said annuities or either of them unto and equally between and amongst the said Mary Eizabeth Parsons Florence Nivin and Reginald Beaumont Badnall or such of them as shall be living at my death and the issue then living of such of them as may have died in my lifetime much issue taking equally amongst them if more than one per stirpes the share to which their his or her deceased parent would have been entitled if such parent had been living at my death and I declare that such bequest is in addition to any other bequests art provisions contained herein and in my said will and first codicil to or in favor of the said Mary Elizabeth Parsons Florence Nivin and Reginald Beaumont Badnall or their issue or any of them I direct that before the said two thirds of the said funds or sum shall be divided as aforesaid the sum of five hundred pounds shall be deducted from such funds or sum and I hereby further bequeath the same to the said Florence Nivin And I direct that the remaining one third in lieu of one half of such sums or sum so set aside as aforesaid shall sink into and form part of and follow the destination of the residue of my estate and whereas by my said will I have bequeathed a legacy of one hundred pounds to the Treasurer for the time being of the Cottage Hospital at Leek in aid of that Institution Now I direct that the said legacy of one hundred pounds shall be paid to the trustees for the time being of the Cottage Hospital at Leek such sum to be applicable to the general purposes improvement or extention of the said Hospital and that the receipt of any three of such trustees shall be a sufficient discharge for the same And I also direct that the payment of the said legacy to the said Leek Cottage Hospital which shall vest at my’ death shall be postponed until the death of either of them Mary Jane Cock and Mary Wright mentioned in clause ‘7 of my said first codicil whichever of them shall first die

And I direct art empower the trustees of my will in their absolute discretion to augment the sum to be appropriated under clause 7 of my said first codicil to answer to annuities therein bequeathed to the said Mary Jane Cook and Mary Wright with a sum sufficient to provide for the said legacy of one hundred pounds bequeathed to the said Leek Cottage Hospital with like powers of appropriation investment and variation And whereas by my said first codicil I have bequeathed to the trustees for the time being of the Cottage Hospital at Ashbourne a legacy of one hundred pounds in aid of that Institution Now I direct that payment of the said legacy bequeathed to the said Cottage Hospital. at Ashbourne which shall vest at my death shall be postponed in like manner and in all respects as hereinbefore provided for postponement of payment of the said legacy bequeathed to the Leek Cottage hospital and I direct end empower my trustees in their absolute discretion to further augment the above mentioned annuity fund with a aim sufficient to provide for the said legacy to the said Ashbourne Cottage Hospital in like manner art with like powers as hereinbefore provided concerning the said legacy bequeathed to the said Leek Cottage Hospital And I further direct that the legacies bequeathed to the Leek cottage Hospital and the Ashbourne Cottage Hospital respectively shall be paid in priority to the sum of Five hundred pounds hereinbefore bequeathed to the said Florence Nivin out of the fund set aside to answer the annuities bequeathed to the said Mary Jane Cock and Mary Wright and also in priority to any making up of legacies subject to abatement under clause 8 of my said first codicil And whereas under clause 8 of my said first Codicil certain legacies therein mentioned are subject to abatement if after providing for payment in full of the annuities therein referred to the remainder of my estate shall be found insufficient for payment in full of all the legacies and bequests given by my said will and my first codicil thereto Now I direct that the same clause shall read as if the words “One thousand and two hundred pounds to Mary Elizabeth Cruso were substituted for the words ‘One thousand pounds to Mary Elizabeth Cruso” therein appearing and similarly that the words “one thousand and two hundred pounds to Florence Nivin” were substituted for the words “Six hundred pounds to Florence Nivin” therein appearing the legacies bequeathed to then by such codicil having been incorrectly referred to in the said clause 8 And further that the provisions as to abatement in the said clause shall continue to apply to the legacies therein mentioned as altered in amount by this present codicil In all other respects I confirm my said will and my said first Codicil except as altered or varied by this present codicil   IN WITNESS whereof I have hereunto set to set my hand this sixth day of March one thousand nine hundred and seventeen - Jane Elizabeth Badnall - Signed by the said Jane Elizabeth Badnall as a Second Codicil to her will in the presence of us both present at the same tine who in her presence and the presence of each other have hereunto set our names as witnesses the word “Constance” in the tenth line of the first sheet having been interlined and the words “as altered” having been deleted on the seventeenth line of this sheet — Ernest A. Sadler, The Mansion Ashbourne Doctor of Medicine —Mary Hill, Thorpe Parlour Maid to Mrs Badnall


THIS IS THE THIRD CODICIL to the will dated the twenty fifth day of March one thousand eight hundred and ninety five of me Jane Elizabeth Badnall of Thorpe in the County of Derby Widow I revoke the bequest to my great-niece Honor Northcote of the legacy of six hundred pounds contained in clause 6 of the first Codicil dated the sixteenth day of February one thousand nine hundred and sixteen to my said will And in lieu thereof I appoint give and bequeath to her the legacy of one hundred pounds And I direct that the proviso in such clause contained empowering my trustees to apply the said legacy of six hundred pounds towards her advancement and education during minority shall extend end apply to the said reduced legacy of one hundred pounds I appoint give and bequeath the legacy of five hundred pounds to my niece Evelyn Browne and in the event of her predeceasing me I appoint give and bequeath the same to her daughter the said Honor Northcote with the like power for my trustees to apply the same towards her advancement and education during minority as aforesaid

I revoke the bequest contained in clause 7 of the said Codicil of an annuity of forty pounds to Mary Wright who has now left my Service but I especially confirm the bequest of the legacy to her of fifty pounds contained in my said will and the bequest of the additional legacy of fifty pounds contained in my said codicil In all other respects I confirm my said will except as altered or varied ,by my first codicil and also by my second codici1 dated the-sixth day of March one thousand nine hundred and seventeen  IN WITNESS whereof I have hereunto set my band this twenty first day of January one thousand nine hundred and eighteen - Jane Elizabeth Badnall

Signed by the said Jane Elizabeth Badnall as a Third Codicil to her will in the presence of us both being present at the same time who thereupon in her and each others presence have hereunto subscribed our names as witnesses - Ernest A Sadler The Mansion Ashbourne Doctor of Medicine - Sarah Ann Latham, Thorpe Ashbourne Nurse.


THIS IS A FOURTH CODICIL to the will dated the twenty fifth day of March one thousand eight hundred and ninety five of me Jane Elizabeth Badnall of Thorpe. in the County of Derby Widow Whereas by a First codicil dated the sixteenth day of February one thousand nine hundred and sixteen to my said will I have bequeathed to Mary Wright who has recently left my service an additional legacy of fifty pounds  Now I hereby direct that the said additional legacy shall only be payable in case she shall be living at the expiration of twelve calendar months from the day of my death I bequeath to my coachman Thomas Walton the legacy of twenty pounds I declare sad direct that the said legacy shall be Paid free of legacy duty In all other respects I confirm my said will except as altered or varied by my first second or third codicils  IN WITNESS whereof I have hereunto set my hand this thirteenth day of June one thousand nine hundred and eighteen

Jane Elizabeth Badnall  —  Signed by the testatrix Jane Elizabeth Badnall as a fourth codicil to her will in the presence of us both being present at the same time who thereupon in her and each others presence hereunto subscribe our names as witnesses-  Arthur Hugh Shaw Solicitor & Notary Leek - Mary Jane Cock “Thorpe” Maid to Mrs Badnall


THIS IS A FIFTH CODICIL to the will dated the twenty fifth day of March one thousand eight hundred and ninety five of me Jane Elizabeth Badnallof Thorpe An the County of Derby Widow Whereas by my said will I have bequeathed the sum of fifty pounds to my servant Mary Wright in case she shall be living in my service at the time of my death And whereas by a first codicil to my will and dated the sixteenth day of February one thousand nine hundred and sixteen I have bequeathed to Albert Bridgewater a conditional legacy of ninety pounds (but to be reduced to forty pounds in case he should not be in my service at the time of my death) Now I do hereby revoke all the said legacies to the said Mary Wright and Albert Bridgewater In all  other respects I confirm my said will except as altered or varied by my first second third and fourth codicils  IN WITNESS whereof I have hereunto set my hand this thirty first day of July one thousand nine hundred and nineteen -Jane Elizabeth Badnall - signed by the testatrix Jane Elizabeth Badnall as a Fifth codicil to her will in the joint presence of us both being present at the same time who thereupon in her and each others presence hereunto subscribe our names as witnesses - Ernest A Sadler The Mansion Ashbourne Doctor of Medicine - Harriet Blake  Thorpe Ashbourne nurse to Mrs Badnall.


PROBATE

ON the 11th day of March 1920 Probate of this Will and Five Codicils thereto was granted to Arthur Hugh Shaw and Godfrey Davenport Goodman the Executors named in the First Codicil.

Bednall Collection BC1/868  and  BC1/870.    See also  BC1/669

   A.W.Bednall, Macclesfield 1996-2001