BADNALL WILLS AND INVENTORIES 

The Bednall Archive


THE WILL OF THE WILLIAM BEAUMONT BADNALL OF THORPE
 DERBYSHIRE 1901

THIS IS THE LAST WILL of me William Beaumont Badnall of Thorpe in the County of Derby Barrister at Law I appoint my dear wife Jane Elizabeth Badnall to be Executrix and Joseph Challinor and Thomas Shaw both of Leek in the County of Stafford Gentlemen to be Executors of this my Will and I appoint the said Joseph Challinor and Thomas Shaw to be Trustees of my Will And I declare that the said Joseph Challinor or with his consent the said Thomas Shaw shall be entitled to act as Solicitor for or in relation to my estate and to charge and to be paid for all business done by him as such Solicitor I give the specific legacies following videlicet the four oil paintings which were painted by my late aunt Cruso and the landscape in oils said to have bean painted by an Italian Artist the oil painting representing the Blessed Virgin and Child the old picture which was given to me by my late brother the Venerable Hopkins Badnall and my late sister and which belonged to our mother the large picture of my wife and her father and mother the water colour painting by Lance the picture of my wife on horseback with Dunston Hall in the background the clock and candlesticks which I received as the joint gift of the Robinson and Page Families together with the letter which accompanied them and the silver fish knife and fork in case which were given to me by my late uncle The Reverend William Badnall unto my said wife for her life and after her death the five paintings first above mentioned to be divided amongst my five nieces videlicet Florence Wilson,  Alice O’Connor, Gertrude Badnall, Ethel Badnall and Evelyn Badnall each selecting her picture according to priority of age the oil painting representing the Blessed Virgin and Child and the old picture so given to me as aforesaid to my niece Edith Robinson the large picture of my wife and her father and mother to my cousin Henry Beaumont Cruso the said painting by Lance and the said picture of my wife on horseback with Dunston Hall in the background to my niece Ada Searight the said clock and candlesticks to my nephew Herbert Owen Badnall and the said silver fish knife and fork in case to my cousin and godson [         ] Badnall son of my cousin William Wykeham Badnall and I give to my last named godson a pecuniary legacy of fifty pounds

I direct that the silver teapot which was given to me by my dear mother shall be retained by my said wife for her own use during her life and after her death shall go to my niece Maude Elizabeth Lockyer I give to my great niece and god daughter Margery O’Connor the sum of fifty pounds

I give to my said wife absolutely all money which at the time of my death shall be standing to my credit at my Bankers also my watch and all my jewels ornaments of the person and wearing apparel and all my plate (except as afore­said) plated articles furniture linen glass china pictures (except as aforesaid) musical instruments books and all articles of household use or ornament horses carriages saddlery harness and stable furniture live and dead stock tools implements and utensils and wines spirits liquors and household stores and provisions In the event of my said wife dying in my lifetime

I direct (but subject to any specific bequest or bequests which I may make by way of Codicil) that the chattels and effects so absolutely bequeathed to her as aforesaid be sold and that the net proceeds of such sale shall follow the destination of the residue of my estate I give to my wife’s maid Mary Jane Cock in case she shall he living in my service at the time of my death the sum of one hundred pounds free from legacy duty And I give to each of my servants namely Mary Wright Martha Riack and Andrew Booth in case she and he shall be living in my service at the time of my death the sum of fifty pounds free from legacy duty

I devise all my real estate and I bequeath the residue of my personal estate to my Trustees Upon trust for my said dear wife for her life and after her death Upon trust to sell my real estate and to convert into money such part of the said residue of my said personal estate as shall not consist of money and to stand possessed of the net proceeds of the said sale and conversion and all other my residuary personal estate (such net proceeds and residuary personal estate being hereinafter referred to as my residuary estate) Upon trust for the children of my said late brother Hopkins Badnall and the children of my late sister Harriet Hopkins May living at the period of distribution and such of the issue then living of any child or children of my said late brother and sister respectively dying before such period as being males or a male attain the age of twenty one years or being females or a female attain that age or marry under that age as tenants in common in a course of distribution according to the stocks the issue of deceased children taking by substitution as tenants in common the respective shares only which their respective parents would if living at the period of distribution have taken But I direct that if my nephew Charles May (son of my said late sister) shall be living at the period of distribution his share in my residuary estate shall be held by my Trustees upon the trusts following videlicet Upon trust to invest the monies which shall represent such share in accordance with the direction for investment of trust monies hereinafter contained and to pay the annual income of such monies to the said Charles May for his life and after his decease as to as well the capital of the said settled share as the annual income thenceforth to accrue due for the same In trust for the child if only one or for all the children if more than one of the said Charles May who either before or after his decease shall being a son or sons attain the age of twenty one years or being a daughter or daughters attain that age or marry such children if more than one to take in equal shares but if no child of the said Charles May being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry then In trust for the person or persons who at the decease of the said Charles May shall be of his blood and of kin to him and who under the Statutes for the distribution of intestates effects would be entitled to his personal estate if he were dead domiciled in England unmarried and intestate such persons if more than one to take in the proportions prescribed by the same Statutes

And I direct that if my nephew Walter Edward May (son of my said late sister) shall be living at the period of distribution his share in my residuary estate shall be held by my Trustees upon the trusts following videlicet Upon trust to invest the monies which shall represent such share in accordance with the direction for investment of trust monies hereinafter contained and to pay the annual income of such monies to the said Walter Edward May for his life and after his decease to his wife Bertha May in case she shall survive him for her life and after the decease of the survivor of them as to as well the capital of the said last mentioned settled share as the annual income thenceforth to accrue due for the same In trust for the child if only one or for all the children if more than one of the said Walter Edward May who either before or after the decease of the survivor of them the said Walter Edward May and Bertha May his wife shall being a son or sons attain the age of twenty one years or being a daughter or daughters attain that age or marry such children if more than one to take in equal shares but if no child of the said Walter Edward May being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry then In trust for such persons or purposes and in such manner as the said Walter Edward May shall by his Will appoint and in default of appointment In trust for the person or persons who at his decease shall be of his blood and of kin to him and who under the Statutes for the distribution of intestates effects would be entitled to his personal estate if he were dead domiciled in England unmarried and intestate such Persons if more than one to take in the proportions prescribed by the same Statutes

And I direct that if my niece Maude Elizabeth Lockyer (a daughter of my said late sister and the wife of Norman Lockyer) shall be living at the period of distribution her share in my said residuary estate shall be held by my Trustees Upon the trusts following videlicet Upon trust to invest the monies which shall represent such share in accordance with the direction for investment of trust monies hereinafter contained and to pay the annual income thereof to my said last named niece for her separate use for her life without power of anticipation and after her death to pay such income to the said Norman Lockyer in case he shall survive her for his life and after the decease of the survivor of them as to as well the capital of the said last mentioned share as the annual income thereof thenceforth to accrue due In trust for the child if only one or for all the children if more than. one of the said Maude Elizabeth Lockyer who either before or after the decease of the survivor of them the said Maude Elizabeth Lockyer and Norman Lockyer shall being a son or sons attain the age of twenty one years or being a daughter or daughters attain that age or marry and if more than one equally but if no child of the said Maude Elizabeth Lockyer being a son shall attain the age of twenty one years or being a daughter snail attain that age or marry then my Trustees shall hold the said last mentioned share or so much thereof as shall not have been applied under the power of advancement hereinafter contained In trust for such persons or purposes and in such manner as the said Maude Elizabeth Lockyer notwithstanding coverture shall by her Will appoint and in default of appointment In trust for such persons exclusive of a husband as shall at her death be her next of kin entitled as such to her personal estate under the Statutes for the distribution of the personal estate of intestates and in the proportions in which they would be so entitled I empower my Trustees with the consent of the respective prior life owners (if any) and if none at the discretion of my Trustees to advance and apply any part not exceeding one half of the capital to which under any of the said bequests or dispositions each or any infant legates shall be entitled or presumptively entitled in or towards his or her advancement or preferment in the world

 I direct that all investments of trust moneys to be made by my Trustees shall be made in their names in or upon some one or more of the investments or securities following that is to say the stocks funds or securities of or guaranteed by the Government of the United Kingdom or of any British Colony or Dependency or the stocks of the Bank of England or the debentures or debenture stock or guaranteed or preference stock or shares of any railway or other Company in Great Britain or India incorporated by Act of Parliament or Royal Charter and paying a dividend on its ordinary stock or shares or real or leasehold securities in England or Wales but not elsewhere such leasehold securities being held for a term whereof sixty years at least shall be unexpired at the time of such investment I declare that my Trustees shall be at liberty to concur with my wife in selling my real estate or any part or parts thereof and to invest the produce in or upon any of the securities hereinbefore authorized and to permit her to receive the income of such produce and the Investments thereof during her life And I also declare that the power of appointing now trustees conferred by Statute shall for the purposes of this my Will be vested in my said wife during her life And I further declare that the expression “my Trustees” used by me in this my Will shall be construed as comprising and referring to the Trustees or Trustee for the time being of this my Will Lastly I revoke all former Wills

IN WITNESS whereof I have hereunto set my hand this twenty fifth day of March one thousand eight hundred and ninety five    W. B. Badnall - Signed by the said testator William Beaumont Badnall as and for his last Will and Testament in the presence of us present at the same tine who at his request in his sight and presence and in the presence of each other have subscribed our names as attesting witnesses

T.W. Windley Rector of Thorpe Ashbourne    Gray Granville Vicar of Ilam Staffs.


THIS IS A CODICIL to the last Will of me William Beaumont Badnall of Thorpe in the County of Derby Barrister at Law which Will bears date the twenty fifth day of March one thousand eight hundred and ninety five I bequeath to the Trustees of my Will an annuity of thirteen pounds for the life of my cousin Arthur Robert Badnall who now resides at Leicester or until the cesser of the said annuity under the provision in that behalf hereinafter contained Upon trust to pay the same annuity to my said cousin by weekly payments of five shillings each clear of all deductions And I declare that in case my said cousin shall do or suffer any act or thing whereby the said annuity or any part thereof shall be assigned charged or incumbered the same annuity shall wholly cease And I direct the Trustees of my Will to appropriate in their names within six calendar months after my decease a find in any of the investments authorised by my said Will sufficient at the time of appropriation to answer by the annual income thereof the Payment of the said annuity (which fund On the dropping of the said annuity shall follow the destination of the residue of my personal estate) and in the meantime until such appropriation to pay the said annuity out of my general personal estate In all other respects I confirm my said Will  

IN WITNESS whereof I have hereunder set my hand this eighth day of August one thousand eight hundred and ninety six - W. B. Badnall — Signed by the said testator William Beaumont Badnall as and for a Codicil to his last will in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses - J. W. Kewley Rector of Armitage Staffordshire - W. H. Kewley Rector of Fittleton Wilts.


ON the 10th day of August 1901 Probate of this Will with a Codicil was granted to Jane Elizabeth Badnall Widow, Joseph Challinor and Thomas Shaw the Executors.

 

Bednall Collection BC2/263: Probate of the will of William Beaumont Badnall 1901

    A.W.Bednall, Macclesfield 1996-2001