BADNALL WILLS AND INVENTORIES

The Bednall Archive

Last updated 19/10/2008


1ST CODICIL TO THE WILL  OF MRS.  JANE ELIZABETH BADNALL OF THORPE, DERBYSHIRE 1916 

THIS IS A 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 my dear husband died on the thirty first day of May one thousand nine hundred and one and was buried in the Parish Church Yard of Thorpe where I wish to be buried in the same grave with him and I desire (but without imposing it as a trust) that my executors will have regard to any wishes I may leave as to my burial And whereas Joseph Challinor one of the Executors and Trustees of my said will died on the thirty first day of May one thousand nine hundred and ten and Thomas Shaw another executor and trustee of my will died on the thirtieth day of January one thousand nine hundred and thirteen and Charles May a nephew and one of the beneficiaries named in my late husband’s will died a bachelor in Bechuanaland on the seventh day of September one thousand nine hundred and two

1. I revoke all codicils and testamentary dispositions made by me since the date of my will and confirm such will subject to the alterations and dispositions expressed in this present codicil and I declare that my said will and this codicil are made in exercise by me of every or any power of appointment enabling me in this behalf under my marriage articles and settlements or otherwise and are also made as an appointment devise bequest and disposition absolutely not only of all the property and moneys derived from or through my late Father and Mother or either of them or any paternal or maternal relations of mine or other persons whomsoever but of all other real and personal estate and effects belonging to me or over which I have any disposing power

2. I appoint Arthur Hugh Shaw of Leek Gentleman and Godfrey Davenport Goodman of Buxton Gentleman to be EXECUTORS and Trustees of my will in lieu of the said Joseph Challinor and Thomas Shaw and I declare that my said will and this codicil shall be construed and take effect as if the names of the said Arthur Hugh Shaw and Godfrey Davenport Goodman as Executors and Trustees had been originally inserted in my will instead of the names of the said Joseph Challinor and Thomas Shaw with all the rights powers and authorities incident thereto

3.. And whereas by my said will I have appointed and given from and out of the moneys therein mentioned the legacies and other moneys in my said will mentioned Now I do hereby declare and direct that my said will shall be construed and take effect as if the words “from and out of such moneys” had not been inserted in my said will it being my intention that all the legacies and property bequeathed by my said will or this or any future codicil shall be paid and satisfied out of any moneys or property over which I have any disposing power

4. And whereas I have by my said will appointed and given amongst other legacies the following legacies namely Two thousand pounds to my cousin Edith Craven Three thousand pounds to my cousin Mary Elizabeth Roe Buck or in case of her death in my lifetime to her children and issue as in my said will mentioned To my trustees three thousand pounds upon certain trusts in favour of -my cousin Henry Beaumont Cruso and his wife (both of whom have since died) and children as in my said will mentioned To my trustees Two thousand pounds upon certain trusts in favour of my cousin Evelyn Aspinall who has since died leaving one child only named Hilda five hundred pounds To my cousin Charlotte Milicent Deacon five hundred pounds To my cousin Elizabeth Margaret Acton since deceased one hundred pounds To Saint Mary’s Hospital Paddington fifty sounds To the Soho Hospital for Women two hundred pounds To my maid Mary Jane Cock and fifty pounds to my servant Mary Wright If such last mentioned two persons respectively shall be living in my service at the tine of my death Now I do hereby revoke the appointment and bequest contained in my said will of the said legacy of two thousand pounds to the said Edith Graven and the said legacy of two thousand pounds to my trustees in trust for the said Evelyn Aspinall and her issue and next of kin and the said legacy of one hundred pounds to Saint Mary’s Hospital Paddington and also the said legacy of fifty pounds to the Soho Hospital for Women and also the legacy of three thousand pounds to my trustees upon certain trusts in favour of my said late cousin Henry Beaumont Cruso and his wife and children and I will and direct that the said legacy of three thousand pounds to Mary Elizabeth Roe Buck or her children and issue shall be reduced to the sum of two thousand and two hundred pounds and that my said will shall be construed in the same manner in all respects as if the last mentioned sun had been inserted therein Instead of the said legacy of three thousand pounds And I will and direct that the said legacy of five hundred pounds to the said Charlotte Milicent Deacon shall be reduced to the sum of two hundred pounds And as regards the said legacies of two hundred pounds to Mary Jane Cock and fifty pounds to the said Mary Wright I direct that the same shall be paid to then respectively whether they shall respectively be living in my service at the time of my death or not

5. I Bequeath the articles and things mentioned in this paragraph to the several persons respectively named in this paragraph that is to say:— To my second cousin Mary Elizabeth Cruso daughter on my cousin Henry Beaumont Cruso if living at my death my string of Indian Pearls which was bequeathed to me by my late aunt Cruso but if not so living then to her sister Florence Nivin the wife of the Reverend Ernest Fielden Nivin To John Cruso son of the said Henry Beaumont Cruso my handsome silver coffee pot with the Cruso Crest inscribed thereon To Lee Cruso son of the said Henry Beaumont Cruso my silver tea pot sugar basin and cream jug to match with the Cruso Crest inscribed on each of the said articles and my old Silver Mustard Pot which belonged to my Grandfather Cruso To my cousin Catherine Cruso (sister of the said Henry Beaumont Cruso) my diamond cross which was left to me by my late aunt Cruso To my cousin Laurence Asseheton Craven my old china which came from Dunstan Hall and the Black Cabinet in which it is contained which is now in my drawing room To my cousin Blanche Constance Angus absolutely my Queen Anne Silver waiter and my small silver teapot with the letter “M” engraved there on and my perforated plated sugar basin all of which articles were gifts to me by my late aunt Margaret Smith To the said Blanche Constance Angus at my death my ring set with a round cluster of diamonds To my cousin Charlotte Milicent Deacon my diamond crescent brooch and the following minatures namely:— The five in one velvet case the two in another velvet case and the minatures of my uncle and aunt Smith Milnes also the water colour painting of my Grandmother Mrs Smith of Dunstan To my nephew Herbert Owen Badnall the framed portrait of my late husband now in my drawing room To Blanche Ritchie the daughter of the said Herbert Owen Badnall my ring set with oval diamond cluster To my niece Florence Wilson my gold locket with diamond in the centre and containing my dear husband’s likeness and my two silver plated candelabra To my niece Alice O’Connor my pearl and diamond ring To my niece Gertrude Badnall my large paste buckle the portrait supposed to be that of Mrs Hopkins the Great grandmother of my late husband and the miniature portrait fin red dress, of Mrs Cruso formerly Badnall, the first wife of my late uncle John Cruso Esquire also my two pencil minatures in oval black frames and my travelling bag with silver and glass fittings To my niece Ethel Badnall my plain gold bracelet with three diamonds set therein and my pair of old paste shoe buckles To my said nieces Gertrude Badnall and Ethel Badnall or the survivor of them living at my death the four silver dessert spoons with Peacock Feathers engraved To my niece Ada Harriet Searight my six antique Apostle Dessert spoons To my niece Evelyn Browne formerly Northcott formerly Badnall my turquoise locket brooch and pin To my niece Maud Elizabeth Lockyer my large electro-plated tea tray my silver cream jug with “J E C” inscribed my gold locket with amethyst in centre ‘my diamond pin with smell amethyst in centre my two gold bangles my old smell paste Star pendant and my Gipsy ring with emerald and two diamonds also my four plated entree dishes and my plated hot water dish To my niece Constance Machel my gold cable bracelet and the two painted photographic likenesses of my late husband and myself also the large oil painting of ‘my late father and mother and, myself To my cousin Violet Knight my four old fashioned plated salt cellars and mustard pot To my friend Matilda Pembroke Jones my Tortoiseshell writing desk and workbox inlaid with brass and my Ivory card case To my nephew Reginald Beaumont Badnall the portrait in oil of Richard Badnall the father of my late husband and my four silver table spoons silver fish slice and silver soup ladle all marked “W. B“ To my nephew Lancelot Wykeham Badnall the water coloured Miniature portrait in black frame of the said Richard Badnall and the crayon portrait of the said Richard Badnall now in the library in my house at Thorpe To my maid the said Mary Jane Cock absolutely such of my wearing apparel as I have not bequeathed specifically to any other person or persons or which I may not have indicated or intended for some other person or persons by any such list or memorandum in writing as is hereinafter mentioned which list or memorandum I hope my trustees will attend to I desire my executors to divide amongst and hand over to the relatives living at my decease the portraits not otherwise specifically bequeathed of their respective ancestors or relatives And as to such of my jewellery personal ornaments and pictures (whether in oil mater colour or otherwise) and photographs of relatives ancestors or friends of my late husband or myself as I have not specifically bequeathed by my will or this codicil or may not be specifically bequeathed by any future codicil or the bequest of which may lapse by the death of the legates in my lifetime I give the same to my said cousin Charlotte Milicent Deacon but it is my desire (though this expression of my wish is not to be deemed or construed as a trust) that she will have regard to any Memorandum in writing which I may leave expressive of my wishes as to the disposal of the said articles or any of them Provided and I hereby declare that in the event of my disposing of in my lifetime by way of gift or otherwise any of the articles or things in this paragraph specifically bequeathed or mentioned or in case any of such articles or things shall not be found in my possession at the time of my death the legacy thereof shall be deemed to have been revoked

6.  I appoint give and bequeath the following legacies that is to say To the said Arthur Hugh Shaw one hundred pounds and To the said Godfrey Davenport Goodman one hundred pounds on condition of their respectively accepting the offices of executor and trustee of my will To my executors the sum of ten pounds to be applied by them in cleaning and restoring the large oil painting of my late father mother and myself which painting I have bequeathed to the said Constance Machell.   To Hilda Aspinall the only child of the said Evelyn Aspinall deceased one thousand pounds for her sole and separate use in case she shall live to attain the age of twenty one years or sooner marry To my nephew Reginald Beaumont Badnall one hundred pounds and to my nephews and nieces videlicit Herbert Owen Badnall, Lancelot Wykeham Badnall, Walter Edward May and Alice O’Connor one hundred pounds each  To Gertrude Badnall and Ethel Badnall one hundred pounds each in addition to the legacies of one hundred pounds each bequeathed to them by my will To my great niece Honor Northcott the daughter of the said Evelyn Browne six hundred pounds Provided always and I hereby expressly empower my trustees at their absolute discretion during the minority of the said Honor Northcott to apply the whole or part of the said sum of six hundred pounds and accumulation of interest (if any) towards the advancement and education of the said Honor Northcott To the said Mary Elizabeth Cruso my share and interest in the sums set apart or invested to provide for an annuity to which Ann Towndrow is entitled for life by virtue of the will of my late aunt Margaret Smith or by contributions from her legatees unless such share shall have been received by me in my lifetime To my Great nephew Ralph Northcott the legacy of one hundred pounds To my cousin Catherine Nivin the legacy of two hundred pounds in addition to the legacy of two thousand pounds bequeathed to her by my will and in the event of her death in my lifetime I direct that the said sum of two hundred pounds shall be paid to the same persons and in the same manner in all respects as the said legacy of two thousand pounds shall became payable to as provided by my said will To Constance Machell and Ada Harriet Searight twenty guineas each To my second cousin the said Mary Elizabeth Cruso one thousand and two hundred pounds To my second cousin the said Florence Nivin formerly Florence Cruso one thousand and two hundred pounds and in the event of her death in my lifetime I bequeath the said legacy to her husband the said Ernest Fielden Nivin and in the event of the death of both of them in my lifetime I bequeath the said sum of one thousand and two hundred pounds to their child or children living at my death equally if more then one absolutely To Lee Cruso and John Cruso sons of the said Henry Beaumont Cruso deceased two hundred pounds each I declare that all the pecuniary legacies mentioned in this paragraph shall be in addition to any share of residue or specific legacy to which any of my nephews or nieces or cousins may became entitled under my will or this codicil To the Trustees for the time being of the Cottage Hospital at Ashbourne one hundred pounds in aid of that Institution such last mentioned legacy to be paid out of such part of my personal estate as may be lawfully appropriated to the purpose and I direct that the receipt of any three of such trustees or the Treasurer for the time being of the said Hospital shall be a sufficient discharge for the sane  TO my companion Clara Elizabeth Farrall one hundred and fifty pounds and if in my employ at the time of my death a further legacy of one hundred and fifty pounds To the said Mary Jane Cock and Mary Wright (whether living with me at my death or not) the following sums in addition to the legacies bequeathed to then respectively by my will that is to say The said Mary Jane Cook one hundred pounds and the said Mary Wright fifty pounds and I direct that the legacies bequeathed to them by my said will shall be paid to them whether or not they are respectively in my service or not at the tine of my decease To Jane Booth the widow of my late servant Andrew Booth one hundred pounds and To my servant Samuel Frost if living in my service at the time of my death one hundred pounds To my coachmen Albert Bridgwater if he shall be in my service at the time of my death a legacy of ninety pounds but in case the said Albert Bridgwater shall not be in my service at the time of my death I bequeath to him a legacy of forty pounds free off legacy duty as a slight recognition of his past faithful service and To such female servant or servants of mine  (other than the said Mary Jane Cock and Mary Wright) who may have been in my service for one year up to and at the time of my death a legacy of ten pounds each To the said Mary Jane Cock if in my service at the time of my death such of my household furniture and other articles (of which I intend to leave a list or memorandum for the guidance of my executors but not as a trust) not otherwise specifically bequeathed by -my will or codicil as shall in the judgement of my executors be sufficient and suitable for furnishing and making comfortable a small residence for her which list or memorandum I hope my trustees will attend to  To the Rector and Churchwardens for the time being of the Parish Church of Thorpe the sum of one hundred pounds to be paid out of such part of -my personal estate as may be lawfully appropriated to the purpose such sum to be invested by them on any security allowed by law for the investment of trust moneys and the income arising therefrom to be applied first in or towards keeping in repair and insured the East window placed by my late husband and myself in the Chancel of the said Church and secondly towards keeping in repair the fabric of the said Church but without imposing it as a trust or condition it is my special earnest wish and hope that my late husband’s grave in the Church yard of the said Church and the Tombstone erected there to his memory with the inscriptions thereon shall be kept in repair by them

7. I also bequeath to each of them the said Mary Jane Cock and Mary Wright whether in my service or not at the time of my decease the annuity following that is to say TO the said Mary Jane Cock the annuity of one hundred pounds To the said Mary Wright an annuity of forty pounds in addition to the hereinbefore mentioned legacies each annuity to be paid to the annuitant during her life by equal half yearly portions clear of all deductions except income tax the first of such half yearly payments to become due at the end of six calendar months from the date of my death And I empower the executors and trustees of my will in their absolute discretion to appropriate and keep invested in their names such of my investments subsisting at my death as they shall think sufficient at the time of appropriation to answer by means of the annual income thereof each of the said annuities or at the like discretion to invest such portion of my general estate as they shall consider necessary to realise by means of the Income thereof sufficient to satisfy the said annuities as they become payable I also empower my trustees from time to time to vary any of such investments as and when they shall in their discretion think proper and I declare that if from any cause the income from any of the said investments shall prove insufficient to satisfy such annuities as they become payable my trustees shall be empowered and I hereby authorise them to resort to and appropriate such of the capital of the said investments as shall in their opinion be sufficient for the purpose

8. In consequence of the depreciation in value of some of my investments and for other causes I have found it necessary to omit or reduce in amount some of the legacies I had intended to bequeath and I declare and direct that If after providing as hereinbefore directed for payment in full of the before mentioned annuities to the said Mary Jane Cock and Mary Wright the remainder of my estate shall be found insufficient for payment in full of all the legacies and bequests given by my will or this codicil the following legacies namely one thousand pounds to Lawrence Assheton Craven two thousand pounds to Blanche Constance Angus two thousand and two hundred pounds to Mary Elizabeth Roe Buck or her children or issue two thousand and two hundred pounds to Catherine Nivin or her children or Issue one thousand pounds to Mary Elizabeth Cruso six hundred pounds to Florence Nivin two hundred pounds to Lee Cruso and two hundred pounds to John Cruso shall abate rateably and in proportion to their respective legacies Provided however that after the death of the said annuitants Mary Jane Cock and Mary Wright the moneys so set apart or invested shall be first applied in paying end satisfying but without interest the sums so abated from the before mentioned legacies and I declare that the sums so abated shall vest at my death and fallow the destination of the original legacies as if no abatement had been made I declare that if any question or difficulty shall arise with reference to the investments and moneys required for securing the said annuities or either of them or as to the abatements from legacies or otherwise in relation thereto the decision of my trustees shall be conclusive and binding on all persons interested

9. Subject to the payment of the said annuities and to paragraph B of this Codicil I bequeath one half of the funds set aside or invested to answer the said annuities or either of them unto and equally between and amongst the said Mary Elizabeth Cruso and Florence Nivin and my nephew Reginald Beaumont Badnall or such of them as shall be living at my death and the Issue then living or such of them as may have died in my lifetime such 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 the bequest in this paragraph contained is in addition to the bequests and provisions contained in my will to or In favour of the said Mary Elizabeth Cruso, Florence Nivin and Reginald Beaumont Badnall or their issue and that the remaining half the sum so set apart shall sink into and tone part and follow the destination of the residue of my estate

10.  Subject to the dispositions directions and provisions contained in this Codicil I declare and direct that the residue of my estate shall go to and be held by my trustees Upon trust for the children off the Venerable Hopkins Badnall and Harriet Hopkins May or their issue and for the same estates and Interests and in the same manner as set forth in my will

11. I declare and direct that all legacies bequeathed by my will or this codicil to or in favour of my executors Trustees or servants or to or for any charitable use or purpose shall be paid free from legacy and all other duties which I direct shall be paid cut of or; estate and that ouch legacies and annuities shall be paid in fall

12.  I authorise my trustees to continue as long as they in their discretion mall think fit all or any of the investments of my estate or any part thereof on the securities or in the investments subsisting at my death and to invest any moneys which it may be their duty to invest on any of the securities mentioned In my will with power from tine to time to vary such securities for others of a like nature

11. I declare it to be my wish that the executors and trustees for the time being of my will shall employ as their Solicitors and Agents the present firm of Challinors and Shaw and their successors in business carried on by them at Leek end I also declare that any executor or trustee of my will who may for the time being be a Member or Partner in the said firm to charge and be paid for all usual professional or other charges for any business done by him or his firm in the premises whether In the ordinary course of his profession or not and although not of a nature requiring the employment of a solicitor or other professional person

14.  In all other respects I confirm my will except no altered or varied by this present codicil

Dated this sixteenth day of February one thousand nine hundred and sixteen -Jane Elizabeth Badnall.

Signed by the testatrix Jane Elizabeth Badnall as a Codicil to her will at the foot of each of the thirteen preceding sheets and at the end of the Codicil on this sheet in the joint presence of us who thereupon in her and each others presence hereto subscribe our names as witnesses - Ernest A Sadler, The Mansion Ashbourne Doctor of Medicine - Sarah Ann Latham, Thorpe Ashbourne  Nurse.

Bednall Collection BC1/868 

  A.W.Bednall, Macclesfield 1996-2001