BADNALL WILLS AND INVENTORIES 

The Bednall Archive

Last updated 19/10/2008


THE WILL  OF MRS.  JANE ELIZABETH BADNALL OF THORPE
DERBYSHIRE 1895 

THIS IS THE LAST WILL AND TESTAMENT of of me Jane Elizabeth Badnall the’ wife ‘of William Beaumont Badnall of Thorpe in the County of Derby Barrister at law I appoint my said dear husband to be sole EXECUTOR of my will but in case he-shall depart this life in my lifetime I appoint Joseph Challinor of Leek in the County ‘of Stafford Gentleman and Thomas Shaw of Leek aforesaid Gentleman to be EXECUTORS thereof and I appoint the said Joseph Challinor and Thomas Shaw to be Trustees of my will In exercise of the power in this behalf given to me under or by virtue of my Marriage settlement and of every other power in any wise enabling me in this behalf and subject to my husband’s life interest under the trusts of such Settlement in the whole of the monies stocks funds shares and securities for money and estate which at the time of my decease or at any time thereafter shall be subject to such trusts which life interest I hereby confirm I hereby appoint and give from and out of such monies as follows videlicet Two thousand pounds to my cousin Catherine Niven or in case of her death in my lifetime to such of her children living at the period of distribution and such of the issue then living of any child or children of hers 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 of the said Catherine Niven taking by substitution as tenants in common the respective shares only which their respective parents would if living have taken One thousand five hundred pounds to my cousin Sarah Bourne Three thousand pounds to my cousin Mary Elizabeth Roe Buck or in ease of her death in my lifetime to her children and issue living at the period of distribution in the manner hereinbefore directed concerning the bequest hereinbefore contained in favour of the children and issue of the said Catherine Niven three thousand pounds to my trust see upon trust to invest the seas in accordance with the direction for investment of trust monies hereinafter contained and to pay the annual income thereof to -my cousin Henry Beaumont Cruso for his life And after his death to pay such income to his wife Emma Cruso if she shall survive him for her life And after the decease of the survivor of the said Henry Beaumont Cruso and Emma Cruso as to as well the capital of the said last mentioned trust legacy as the annual income thereof thenceforth to accrue due In trust for all the children of the said Henry Beaumont Cruso who being Sons have attained or shall attain the age of twenty one years or being daughters have attained or shall attain that age or shall marry under that age to be divided between them in equal shares And if there shall be only one such child the whole to be in trust for that one child Provided always that if any child of the said Henry Beaumont Cruso shall die in my lifetime leaving a child or children who shall Survive me and being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry under that age then and in every such case the last mentioned child or children shall take and if more than one equally between them the share which his her or their parent would have taken of end in such last mentioned trust legacy if such parent had survived me And I direct that on failure of all the trusts hereinbefore declared of the said last mentioned trust legacy my trustees shall hold the same In trust for the said Henry Beaumont Cruso absolutely one thousand pounds to my cousin Catherine Cruso Two hundred pounds to each of my cousins Ella Boswell Clara Haynes and Fanny Pinckney Five hundred pounds to each of my cousins Elizabeth Margaret Acton and Charlotte Millicent Deacon One hundred 1Pounds to my cousin Alexander Thomas Knight Ten pounds to each of my cousins Jane Frances Knight and Lucy Catherine Ann Knight One thousand pounds to my cousin Lawrence Craven Two thousand pound. to each of my cousins Edith Craven and Blanche Constance Angus Two thousand Pounds to my Trustees Upon trust to invest the same in accordance with the direction for investment of trust monies hereinafter contained and to pay the annual income thereof to my cousin Evelyn Aspinall the wife of Arthur Aspinall. for her separate use for her life without power of anticipation And after her death as to as well the capital of the said last mentioned trust legacy 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 Evelyn Aspinall who either before or after her death 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 Evelyn Aspinall being a son shall attain the age of twenty one years or being a daughter shall attain that age or marry then my trustees shall hold the said last mentioned trust legacy 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 Evelyn Aspinall 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 Two thousand pounds to my trustees Upon trust to invest the same in accordance with the direction for investment of trust moneys hereinafter contained and to pay the income thereof to my niece and god-daughter Maude Elizabeth Lockyer for her separate use for her life without power of anticipation and after her death as to as well the capital of the said last mentioned trust legacy as the annual income thereof thenceforth to accrue due interest for the child if only one or for all the children if more then one of the said Maude Elizabeth Lockyer who either before or after her death shall being a son or sons attain the age of twenty one years or being a daughter or daughters attain that age or marry under that age 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 shall attain that age or marry then my trustees shall hold the said last mentioned trust legacy or so much thereof as shall not have been applied under ‘the power of advancement hereinafter contained In trust for such person or purposes. and in such manner as the said Maude Elizabeth Lockyer notwithstanding coverture shall by will appoint And in default of appointment upon the trusts hereinafter declared concerning the residue of the real and personal estate hereinafter appointed and disposed of or such of the some trusts as shall be then subsisting one hundred-pounds to each of my nieces Gertrude Badnall, Ethel Badnall and Evelyn Badnall one hundred pounds to Winifrede May the daughter of Walter Edward May if and when she shall attain the age of twenty one years Fifty pounds free of legacy duty to each of them the said Joseph Challinor and Thomas Shaw in case he shall undertake the execution of the trusts of my will Two hundred pounds to my maid Mary Jane Cock in case she shall be living in my service at the time of my death Fifty rounds to each of my servants videlicet Mary Wright Martha Riack and Andrew Tooth in case she and he shall be living in my service at the time of my death I direct that the legacies hereby given to my servants shall be paid to them respectively free from legacy duty and that in case my husband shall survive me and shall desire that such last mentioned legacies shall be paid immediately after my decease I an willing that effect shall be given to his desire Fifty pounds free from legacy duty to each of my friends videlicet Margaret Housman, Arabella Bellhouse and Matilda Pembroke Jones one hundred pounds to the Treasurer for the time being of the Church Extension Association at Kilburn to be applied for the benefit of the Orphanage for children at Kilburn One hundred pounds to the Treasurer for the time being of the Cottage Hospital at Leek in aid of that Institution One hundred pounds to the Treasurer for the time being of St Mary’s Hospital Paddington in aid of that Institution and fifty pounds to the Treasurer for the time being of the Soho Hospital in London for Women in aid of that Institution I declare that the legacies for Charitable purposes hereinbefore mentioned are respectively given free from legacy duty and I direct that they shall be paid exclusively out of such part of the personal estate over which I have a power of disposal as may lawfully be appropriated to such purposes and preferably to any other payment I appoint and direct that subject to the appointments and bequests hereinbefore contained and subject to any bequest or bequests which I may make by Codicil to this my will all the real and personal estates of which by virtue of any power or authority or of any separate right of property or otherwise I an competent to dispose of shall in case my husband shall survive me go to him absolutely but in case I survive my husband shall go to and be held by my trustees Upon trust for the children of my late brother in law The Venerable Hopkins Badnall and the children of my late sister in law Harriet Hopkins May living at my decease and such of the issue then living of any child or children of the said Hopkins Badnall and Harriet Hopkins May respectively dying in my lifetime 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 my death have taken But I direct that if I shall survive my said husband and if my nephew Charles May (son of my said late sister in law) shall be living at my death then his share under the trust hereinbefore contained in favour of the children and issue of the said Hopkins Badnall and Harriet Hopkins May respectively 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 unmarrried and intestate such persons if more than one to take in the proportions prescribed by the same statutes And I direct that if I shall survive my said husband and if my nephew Walter Edward May son of my late sister in law) shall be living at my death his share under the trusts hereinbefore contained in favour of the children and issue of the said Hopkins Badnall and Harriet Hopkins May respectively 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 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 then 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 sane statutes And I direct that if I shall survive my said husband and if the said Maude Elizabeth Lockyer shall be living at or my death her share under the trusts hereinbefore contained in favour of the children and issue of the said Hopkins Badnall and Harriet Hopkins May respectively 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 Maude Elizabeth Lockyer for her separate use for her life without power of anticipation And after her death to pay such income to her husband Norman Lockyer if 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 upon such trusts in favor of the child and children and appointees and next of kin of the said Maude Elizabeth Lockyer as shall correspond with the trusts hereinbefore declared in favour of the child and children and appointees and next of kin of the said Walter Edward May of and concerning his share under the trusts hereinbefore contained in favour of the children and issue of the said Hopkins Badnall and Harriet Hopkins May respectively 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 legatee shall be entitled or presumptively entitled in or towards his or her advancement or preferment in the world I direct that in case any part of the estate of which I have power of disposal shall consist of real estate such real estate shall for the purpose and convenience of division according to the trusts aforesaid be sold by my trustees Provided that no sale of such real estate shall be made during my husband’s lifetime without his consent I direct that all investments of trust monies 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 stock 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 the power of appointing new trustees conferred by statute shall for the purposes of this my will be vested in my said husband during his life 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 declare that the expression “my trustee” 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 -Jane Elizabeth Badnall

Signed by the said testatrix Jane Elizabeth Badnall as and for her last will and testament in the presence of us present at the same time who at her request in her 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.

 

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

     A.W.Bednall, Macclesfield 1996-2001