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THE LETTER BOOK

 

Letter to Mr J B Green Hayle Mill          Knutsford       March 22 1854.

Dear Sir.

When at Maidstone to attend to my father’s funeral I was made acquainted with your offer to pay the amount of the note of hand 200£ in which you are indebted to my father’s estate.  I write, as his executor, having proved his will and taken all the necessary steps for obtaining a probate that I have no wish to have the money paid in at present and that if you prefer it may remain with you on the existing terms.  The probate in a few day will be lodged with Mr Case, and as my father left all the little property he possessed to my mother, I shall be glad if you will pay to her the interest in the note of hand as it becomes due.

With respect to my share of the Mount Pleasant Estate I shall thank you to communicate to your father’s executors my perfect willingness to join them and the members of your family in effecting a sale and division of that property. My own opinion is decidedly in favour of this course and should any member of your father’s family be desirous of purchasing the whole estate he will find me willing to deal with him for the sale of my share.  In the event however of neither of these plans being adopted I shall probably dispose of my share in some other way..

 

 

Letter to Mr Abraham Leney. Wrotham. Kent.      March 22 1854.

Dear Sir.

I write to inform you that my father the late Mr John Green of Ashford Road Maidstone has by will left all his property to my mother, and that his will has been proved at Doctors Commons.  The probate will be lodged and forwarded with Mr.Case Attorney Maidstone.  My mother and myself are appointed executors, but from my mother’s age and infirmities I alone am acting as executor.  There is no wish on my part to make any change at present in the mortgage held from you for £300 but I shall be obliged to you as the interest becomes due if you will pay it to my mother, her receipt being your discharge.

 

                                                                                                             

 

To Mr W Green, Whitehall Place, Gravesend.    March 30 1854.

For copy of the will of S Jones.

                                                                       

Letter to E M Green  [his sister Elizabeth].    April  3 1854.

Unless my mother was prepared with an investment it would I think be better and safer for her not to retain the 200£ in her own hand but to place it in some bank to be withdrawn whenever an investment is found.  If she and yourselves approve I could place it in Heyward Bank Manchester where 2½ per cent would be paid on it until it was withdrawn.

I will however write to J B Green to pay her the money and have enclosed a receipt for her to give him, she will also have to give up to him the note of hand which she holds. I also enclose a receipt which my mother must sign or yourself and return to me if she retains the money in her own keeping.

A plan of the following kind however occurs to me which has some advantages. It is for mother to divide the 200£ into five equal shares of £40 each and to give these to Ann Mardon,  Emily Powell, Charles, Louisa and yourself – you five engaging to pay her what if the money were placed out at interest it would buy her during her life and at her death returning the principal, there would then be no legacy duty to be paid on the £200 or on others decease, and the probate duly would be diminished.

 

                                                                                               

Letter to Mr J B Green.             April 3.

I have delayed answering your letter from the wish first to consult my mother, I have done so, and now write to say that I shall be obliged to you if you will pay the 200£ to her. I am forwarding to her a receipt to be given to you on the payment together with the note of hand which is in my mother’s possession.  I am wishing to obtain a copy of Uncle Jones will without the expense of going to Doctors Commons for one if you can oblige me.  Could Mr Beeching lend me your father’s copy that I might transcribe it. I would not keep beyond a few days.

 

                                                                                                                  

Letter to Stephen Beeching Esq.  Tunbridge Wells.        April 15 1854.

Dear Sir.

I am much obliged to you for the loan of Mr Jones will of which I have taken a copy, and which I now return. I am rather at a loss to know whether as my father was the surviving executor under the will and I am his only executor I shall have any thing to do with the money in the 3 per cent consolidated stock of which my uncle Mr W Green receives the interest.  I do not wish to undertake any thing that does not belong to me but of course should it be necessary for me to act in the matter my desire is to give as little time as is possible.  I have been informed that the check [sic] attended to lands in my father’s name and though he gave my Uncle William as power of attorney to receive the interest I imagine this power is void by his death and consequently that some steps must be taken against the July dividends to transfer the check [sic] and give fresh power to my uncle.  You are I believe well informed on subjects of this kind and I shall be much obliged if at your leisure you will give me your opinion on the subject.

Though desirous of effecting  sale of my 7 of the moiety of the Thurnham Farm I am not anxious in anyway to hasten the sale at an unfavourable time or under unfavourable circumstances.  It will be much better if it can be accomplished that all the parties interested should agree to sell at the same time . As your branch of the family have the greatest interest in the property you will perhaps have the goodness to inform me when you consider it desirable to effect a sale.

Will you make my kind regards to my cousin who is I think with yourself and family as well.

 

Letter to Louisa M Green [his sister].                     April 14 1854.

We are sorry to hear that my mother has again been unwell and trust she will not go to London till she feels more equal to the journey.  The will I presume is by this time prepared if not executed there should be no delay should it not be completed . I have received a circular from The Legacy and Succession Fund Duty Department of the Inland Revenue Office calling my attention to the duties payable in consequence of our dear father’s death.   Of course there will be no legacy duty payable as far as my mother is concerned, but an account will have to be rendered of the amount of property and probably a valuation of the household furniture but next week  I will get the proper papers from the Stamp Distributor and I shall know what has to be done. At any rate a return for the Succession Duty on the Thurnham Property will have to be made and I shall require to know in whose possession the claims for John, Charles Elizabeth and yourselves are I imagine those who hold the claim will have to pay the duties, then probably the returns will have to be made in the respective names of our family.

I have received an obliging note from Mr S Beeching in which he says it will be advisable if possible to offer all the shares of the Thurnham Farm for sale together but there is some difficulties as to Alfred Green, there being a report that he is dead though not on any certainty. He sent me to keep for a few days the copy of Uncle Jones’s will which I have transcribed and as it may be useful for a copy to be with Maidstone I have taken a second copy which I enclose to be in your keeping. You will I think be surprised as I was to find what a considerable property Uncle Jones left and am I sure it was very fairly divided.

Has Mr Leney paid mother the interest on the mortgage ? or is it not yet due

 

Letter sent to Henry Green.

(COPY)

Register E.G of the year 1854  folio 168.

It is particularly requested that the above reference be copied in all letters Receipt and Accounts relating to this subject.

Inland Revenue Office London.  Legacy & Succession Duty Department.

16 April 1854.

Sir.

I beg to enclose abstracts of the debts by which duties are charged upon legacies and other succession to property for the guidance of the persons liable to account for and pay any duty in consequence of the death of John Green.

I am your abt servant.           G L Green. Comptroller.

                                                                                                           

Letter to Mr Case, Solicitor, Maidstone.       April 17 1854.

I have received a circular from the Legacy & Possession Duty Department of the Inland Revenue Office London with abstract of the acts for the guidance of persons liable to account for and pay any duty in consequence of my father’s death.

In reading this account I shall be glad of your advice and assistance especially with respect to the Will of the late Mr Sam Jones a copy of which my sister Louisa has and will let you have the use of.

First under my father’s will all his property is left to my mother, but though no duty has to be paid, an account must I presume be rendered, and to do this a valuation of the same must be made. Will you have the valuation done and send me a form of the return I am to make to the Inland Revenue Office.

Second. My chief difficulty is the return as to the possession duty on the Thurnham Farm in which my Uncle Samuel’s children, and ourselves have an interest under the will of the late Mr Sam Jones.  You will see that the farm was left to my Uncle Sam and my father in equal shares for their lives and on their decease to their children, a moiety to each family.  Of my father’s family four have parted with their remaining interest in my fathers life time and that remaining interest belonged to my Uncle Samuel, three retained their remaining interest, how are the returns for the  Succession Duty to be made out, and am I as executor of my father’s will to pay them and who is to repay me.

Mr Sam Jones three executors are all dead, my father being the last survivor – do I as my father’s heir at law and executor succeed him in any trusts and will existing under Mr Sam Jones will for instance with respect to the 500 £ (moiety of 1000) of which my Uncle William receives the interest and which I am informed stands in my father’s name in the B of E, [Bank of England]  and with respect of the Thurnham Farm left to my Uncle Samuel and any of their children who is to make the returns for the year past in that moiety of the estate to which my cousins on the death of Mr Sam Green afterwards succeeded ?  I presume his executor or should it have been my father had he been living and on his death does the obligation descend on me as his executor.

Again under what sales of duty 1 per cent or 3 per cent and within what time must the returns to the Succession Duty be made and in what way. I shall be obliged if you will send me information how to act on these points.

Might the whole matter stand over till the end of June when I propose visiting Maidstone? And in order to put every thing on a fair settlement  then what documents must be prepared, and in readiness as proof of birth &c.

 

 

Letter to Mr Watts.   Hythe.                                  April 19 1854.

Sir.

At the time of my fathers funeral a month ago not being able to remain long enough in Maidstone I did not examine his papers but left them in my mother’s care especially as I was intending in June next again to visit Maidstone for that purpose, and not being aware of any urgent necessity for an examination for a day or so. I have taken out the probate of my father’s will under which I am appointed his Executor, and have understood that the moiety of l000£ stock 3 per cent consolidated the dividends of which are paid to my Uncle Mr W Green Senr stands in my father’s name.  When however 3 weeks since I wrote on the subject to my uncle Wm he replied that there was no occasion for my acting in any thing connected with his family, and though persuaded he is mistaken in this I concluded that at any rate there was no urgent business of his that I need attend to, and that my proposed visit to Maidstone would

be early enough.  I mention this merely to account for the circumstance of not knowing exactly the nature of the papers and memorandums my father left behind.

At Christmas last my father told me that the money for which he was my Uncles trustee was invested in the 3 per cent consolidated stock, and made no mention of any being invested on mortgage.  That the investment is in the stocks I am confident because owing to my father’s infirm health I gave orders at his request for a Power of Attorney to be prepared to authorise my uncle to receive his dividends without the necessity of my father going to London, and under that Power of Attorney my uncle received the January dividend.

I suppose this Power of Attorney will now be of no further use unless I renew it myself.  Had there been any Notice received by my father of any change made by Mr Wm Green Senr or junr on their interest under Mr S Jones’s will I believe he would have told me of it, but this he did not do, and I conclude he was not aware of any such charge.

Feeling that the stock alluded to has become vested in me, it is my intention to consult with my Uncle Wm and his family and to have it transferred from my father’s name so as to give greater security  than it seems at present to possess but of course I must act in this under proper legal advice.

If the communication I now write is insufficient for your purpose, on hearing from you I will write to the Stock Brokers whom my father employed and they will inform me both how much stock there is and in whose name it stands.

Extract from Mr S Jones Will

 

June 30.   Called on Mr W Green, respecting his dividend: to abide by what Mr Base may advise us to the transfer.

July 1.  Saw Mr Case and he says the transfer must be made.

July 3.  Went to Tunbridge Wells to see Mr S Beeching respecting the Thurnham Estate – he agreed for a time to receive the rents &c for our part of the family.  In any sale Mr A Beeching to be employed as solicitor.

 

 

Copy.  July 4.    Page 206.

Marriage solemnized in the Church of the United Parishes of Christ Church and St.Leonard Foster, in the City of London in the year 1800.

John Green of the Parish of Christ Church Bachelor and Ann Turner of the same Parish Spinster were married in this Church by Banns with consent of  -  this eleventh day of February in the year One thousand eight hundred by me A W Trollope Minister  this marriage was solemnized between us  {  John Green

                                                                                    {  Ann Turner

In the presence of  { Saml Green

                              { Sarah Turner

 

No.726

A true copy witness my hand             }

The eleventh day of September 1830 }          John Burnley Deputy. Registrar

 

Copy

July 4

Extract from the Parish Register of East Malling Kent  Baptisms 1771

Sept 15 John son of John and Jane Green

The above is a true copy from the Parish Register of East Malling aforesaid

S F Godman  Vicar    

 

Letter to Mr W Green.   Maidstone.                July 4 1854.

.I have consulted with our attorney here Mr Case and have also ascertained Mr A Beeching’s opinion respecting the money in the funds of which you receive the dividends.  They both say that the only proper course for me to take as my father’s executor is to give notice of his death and to lodge the probate of his will at the Bank of England, they also say that the Power of Attorney became invalid on my father’s death and that the stock must be transferred to my name.  This I propose to do when I return to London at the end of the week, and I will endeavour so to arrange that you may be able to receive your dividend before I leave London.

On looking over my father’s papers I find a policy of insurance on Mrs Woolley’s life.  Of course she understands that she will have to pay the premium yearly on or soon after Nov 17, or the security granted to my father will be greatly lessened .  Should she not pay the premium might the payment devolve on you.

 

Letter to Stephen Beeching Esq.    Tunbridge Wells.                         July 7th 1854.

Dear Sir.

We shall feel greatly obliged to you, if, for a time at least, you will manage for us the farm at Thurnham in which we have an interest and which is now in the occupation of Mr.Budds, and we hereby authorize you on our behalf to receive the rents as they fall due, and to let or relet the farm, house &c yearly, to such a tenant and at such a rent as you may judge best.

Benjamin Mardon MA.  Ann Mardon.  Henry Green. Henry Powell. Emily Jane Powell.

 

Letter to A Beeching Esq. Tunbridge Wells.

1 Boxworth Grove, Islington.                                  July 10 1854.

Dear Sir.

After the interview I had the pleasure of having with your brother & yourself it occurred to me that it would be better if our part of the family gave your brother some formal authority to act for us with respect to the Thurnham farm.  We have therefore signed the enclosed document, and shall be much obliged if you will take charge of it until your brother returns.  I have had some conversation with my brothers-in-law

Mr Powell & Mr Mardon, & I am glad to find them both willing to effect a sale of the property, stipulating only, what I have every confidence your brother will be anxious to attend to, that the sale should not be forced at an unfavourable time, but as much made of the property as can be reasonably expected.  I am remaining at the present address for about a fortnight, & shall then proceed home.

Mr Case makes our succession duty come under the 3 per cent charge.  We are descendants of a sister of the predecessor Mr S Jones, our grandmother Green being a Jones, so my mother says, & so I have instructed Mr Case.  If I remember the words of your return you state that Mr S Jones married a sister of our grandfather Green, but this removes the relationship one degree back & brings it under the 5 per cent charge.  The matter however is very much a puzzle to me, though I imagine that is only 3 per cent that we ought to pay.  Mr S Jones’s wife, my mother says, was a widow when he married her, but the name I have forgotten.  I have mentioned this, because I thought you would like to know in what way our returns are being made; if they are allowed of, they will be passed probably this week & Mr Case will pay the whole duties at once instead of by instalments.  Will you make my kind regards to my cousin Mrs S Beeching, & believe me Dear Sir.  Yours sincerely.  Henry Green.

 

Letter to Mr  Abm Leney.  Wrotham.  Kent.             Aug 2 1854.

In March last I informed you that my late father had left all his property to my mother, and that I am the acting executor of the will on which probate has been granted.  Half a year’s interest is now due on the mortgage I hold from you and I understand it will be a convenience to my mother to receive it soon.  I will therefore thank you to pay her the amount, and apprise me of it, her receipt will be your discharge.

 

Letter to his son.  Mr J P Green.                 Nov 25 1854.

I wish you to call at the English Widow’s Fund and General Life Assurance Office 67 Fleet St to ask if Mrs Harriett Woolley of 15 Cambridge Terrace Cambridge Road Mile End has paid the premium of £3.11.4 due Nov 17 on the insurance of her own life on a policy mentioned 848 for £160.  You will inform me without delay of the answer you receive, because it is of importance that the premium be paid within a short time.

Answer received that the premium has been paid

[Extract from a letter of the same date from JPG to his sister Annie “Will you ask my father whether he does not wish me to call to see about some premium being paid – I suppose he has not forgotten it but I have not had any directions about it yet.”]

 

Letter to Mrs Woolley.  15 Cambridge Terrace.              Dec  6 1854.

For my late father’s security it is stipulated  in the Mortgage Bond of the Policy of Insurance that you should when requested produce to him or his executors the receipt for the yearly payment of the premium.  I shall therefore be obliged if you will forward to me, as my father’s executor, the receipt for the premium just paid, that I may place it with the Mortgage Bond Policy which are in my keeping.  There should also be furnished to me the receipt from your father for the half year’s dividend interest due on the 100£ stock in July last.  I wrote to my uncle asking him to send it me, but I suppose it has escaped his memory.

The form of receipt should be:

Received of Mrs Woolley one half year’s dividend due on 100£ stock July 1854.

A similar receipt should be sent me each half year in January and July.  I trust you will not think me troublesome, but it is better to have all business matter done in a regular way.

 

Letter to S Beeching Esq.                              Dec 6 1854.

I have received from my sister Mrs Powell rather an urgent request that steps may be taken for the sale of the Thurnham Property, and I have undertaken to express her wish to you.  Her husband’s brother, who is a solicitor, considers that it is a very good time to sell land, and that the uncertainty respecting Mr Alfred Green need not be any obstacle in the way of a sale.  Though I have personally, at present, no desire  to press the sale I shall be glad to dispose of my share and join my sister Mrs Powell in her request.  Should it seem good to your part of the family to sell I hope it will be done without delay .  Mr Marden, my brother in law, is however reluctant to sell his share but if all the others agreed I am sure he would not stand out though I cannot ensure this will be the case.  May I ask you if any of your part of the family would be likely to purchase Mrs Powell’s and my share  When you receive the rent due on our share I will thank you to pay it over to Mr Case solicitor Maidstone who has managed the succession duties for us. 

 

Letter to Edwd C Walls Esq.    Hythe.                    Dec 25 1854.

Sir.

When I replied to your note in April last I informed you that I had not then looked over my late father’s papers.  I did so in June and found that the sum invested in stock of which my Uncle Wm receives the dividends during his life, and his children the principal at his death amounts to £391.7.3.   Previous to my father’s death that is in Nov 1853 100£ stock had been sold out with my Uncle Wm‘s consent and lent to his daughter Mrs Woolley for which she & he gave my father a mortgage bond in security and deposited a policy of life assurance.

The stock respecting which you desire particulars is Consolidated £3 per cent Annuities. It was formerly in the names of Sm Green and John Green, on the death of Saml Green in the name of John Green; and on his death it was necessary to be transferred to his executor. It now stands in my name. The transfer took place on the 12th July 1854 and the sum is  £391.7.d interest I have the first check of 3 per cent […] executed by an […] of the 25th year of the Reign of King George 2nd &c &c

I am not the sole executor, my mother being appointed with me, but from her age she declined to act, and probate was granted to me, and I am the sole acting executor.

I am not aware of any other particulars affecting this business that I need mention. Indeed unless I know what the particulars are expressly which you wish information my statements would be merely conjectural – they might be to the point or not just it might happen.

 

Letter to Edwd C Walls.                                 Jan 5 1855.

Sir.

The stock £100 sold out & lent to Mrs Woolley, if not repaid during her father’s life time will, as you conjecture, be deducted from her share on his death, being the balance to be divided between Mrs Kent and Mr W Green junr.

The will of the testator Saml Jones has a codicil to secure the executors from trouble by expense on the part of the legatees,  the will was made May 24th 1807, and proved in London April 30th 1808, the date of his death.   I have not among the papers in my possession but it is recorded on the grave stone in Thurnham Church Yard. The following are the words of the codicil “And lastly my will and desire is that if my nephew Lewis Jones, or any other Nephew or Niece or Legatee named in this my last will shall attempt or put my said executors to any expense to endeavour to set aside this in any part of this my said will then in such case I Order and require his her or their share of my real estate to go unto and amongst my three executors share and share for want of any confusion or misconstruction applied word or wise in the will by me made and not other ways”.     I do not know who the parties are who are now in the occupation of the real estates devised by S Jones’ will the part of the will relating to my Uncle William Green is as follows “I give unto my two nephews Lewis Jones Snr and William Green, all those my leasehold farms called Great Budds in the Parish of Thurnham computed to contain  56 to 60 acres and also the Great Field and wood in the Parish of Hucking in the said county containing six acres ¾ 6 perch  I also give unto my said two nephews the interest of one thousand pounds three per cent consolidated in the Bank of England and likewise my too little houses in Thurnham opposite Ware Pond share and share alike during the term of their natural lives and from and immediately after their or either of their decease  I give all the before named property to their several children to secure the father’s half part girls as well as boys and their children’s children  lawfully begotten   I likewise give the said Lewis Jones and William Green one hundred pounds a piece of lawful money of England” 

 

Letter to Messrs Sims & Hill.    3 Bartholomew Lane.         Jan 7 1855.

Gent. 

On the 12th July 1854 you effected a transfer of 391.7.3 consolidated £3 per cent Annuities from my late Father’s name to mine.  My Uncle, Mr W Green of Gravesend is the party to whom a life interest in the dividends belong and to save trouble I will thank you to prepare and send for my signature a power of attorney to enable Mr W Green to receive the dividends himself.  I should like the power of attorney to remain in your hands that as dividends is paid each half year my uncle may leave with you a receipt for me in the following form.

‘Received of Mr Henry Green Executor of the Will of the late Mr John Green the sum of                    being one half years dividend on £391.7.3 three per cent consolidated.’

As the power of attorney is partly for my convenience I think it will be fair that I should pay one half of the expense and my uncle the other half. Will you inform me what my share will be and I will remit a P.O.Order.

 

S.Beeching Esq

Dear Sir

We shall be much obliged to you if you will pay our shares of the rental from the Thurnham property for the year ending March 25 1855 amounting in the whole to 12.5.3 to Mr Case Solicitor, High St, Maidstone whose receipt will be your discharge.

H.Green                                  H.Powell

B.Marden                                E. Powell       

A.Marden

not sent.

 

Letter to Mr W Green.           .                   Aug 1 1855.

I am sorry to hear of the decease of my cousin Mrs Woolley, and beg to sympathize with you and Mrs Kent on your bereavement for which you are sorrowing.  There is comfort from the over ruling providence which guides all of us in wisdom.

The proceedings necessary for obtaining payment of Mrs Woolleys Policy are I believe those which follow. First to ascertain if Mrs Woolley executed a will and if so her executors or executor will probably be the parties to act. If there is no will, have letters of administration been taken out? and who is the administrator?  You will have the goodness to give me information on these points.

At all events it will be necessary for the satisfying of the Insurance Company that a register of her death signed by the medical man who attended her be obtained, also a register of her death from the Registrar of Births and Deaths of the district in which she died and besides a register of burial from the officiating Clergyman. The register from the medical man is indispensable and you cannot do any wrong in obtaining this.  The register of baptism may also be required.  I will however write to the Insurance Company to know what must be done

I will make no delay with the business, but there are certain forms to be gone through which will require some time to complete.  I will not incur any needless expense, and should be sorry to have to take any journey in the matter.

 

 

Letter to The English Widows Fund.    67 Fleet St.                Aug 1st 1855.

Sir.

As executor of my late father Mr John Green of Maidstone Kent I hold a mortgage bond from Mrs Harriet Woolley 15 Cambridge Terrace, Cambridge Row, Bethnal Green in which she assigns all her interest claim in a Policy of Assurance No 848 effected in your office on her own life of £100. I am this day informed by her father Mr Wm Green of Whitehall Place Gravesend that her death took place on the 21st ultimo, and I shall be obliged for you to inform me what are the proofs you require to be put in to enable me to substantiate the claim which the Mortgage Bond confers the Policy of Assurance, and the receipt for premium £3.11.4 due in November last are in my possession

To the Sec of the English Widows General Life Assurance Association    

 

 

This letter was crossed out.

Dear J Philip.                                      Aug 1 1855.

I have this morning received intelligence of the death of my cousin Mrs Woolley upon   whose life an Assurance was affected for £100 in the English Widows General Life Assurance (Nov 1st 1853) by a mortgage bond dated Nov 17 1853 her interest and claim to accrue from the policy was conveyed to my late father and as his executor I have to take the steps requisite for obtaining payment from the office in question. I wish you therefore to present the enclosed letter and to obtain for me the information I need.

 

Letter to Mr W Green.                       Aug 3.

I have this morning heard from the office 67 Fleet St and received the enclosed papers. . From these you will perceive what is necessary to be done

First the Certificate of Identity:  you must get this signed by some respectable householder to whom Mrs Woolley was known and who will fill in the blanks properly witnessed by another householder.

Second the Certificate of the Medical Man who attended her when [sic] last illness, this must be signed by the Surgeon and witnessed by the Minister, Churchwarden or Overseer of the Parish where she died.

Third A copy of the Register of Burial properly authenticated.

These three documents it will be required for you to obtain and send to me and when I have received them from you I will send them together with the Mortgage Bond and the Probate of my fathers will (which they require) to the office.

Of course I cannot do any thing more until you send the three certificates I have named.  You will also inform me if Mrs Woolley left a will.

 

Abstract of Papers received by Post from Mr W Green.                       Aug 11th 1855.

Burials in the year 1855  In the City of London Tower Hamlets Cemetery by whom ceremony performed.

Harriet Woolley Cambridge Row Bethnal Green July 26, 49 years John Jagg.  A true copy witnessed 8th July 1855 by Samuel Gower Pale, Chaplain.

Certificate of Identity from Chas Alex Forge 14 Cambridge Terrace, Bethnal Green.

Personally acquainted with Mrs Harriet Woolley for fifteen years, witnessed 6 July 1855 by John Law 3 & 4 North Side Bethnal Green.

Surgeons Certificate from William Heathcote Snape of the Parish of Bethnal Green -  that Mrs Harriet Woolley did depart this life on the 21st of July 1855 at 15 Cambridge Terrace, Cambridge Road in the Parish of Bethnal Green, did not die by her own hand nor suffer death by the Hand of Justice, but that her death was occasioned by acute inflammation of the bowels with obstruction complicated with ulceration of the uterus – witnessed 6th August by W H Snape in the presence of John Tagg Minister of St Johns Bethnal Green.

 

Copy of Letter from English Widows Fund, annexed to the Surgeons Certificate

67 Fleet Street.

Sir.

I have to acquaint you that the Directors will require the annexed form of Certificate to be filled up and signed by the Physician Surgeon or Apothecary who attended the late Mrs Harriet Woolley and certified by the Minister Churchwarden or Overseer of the Parish or by some other person of established credit. It will also be necessary that a copy of the Register of Burial properly authenticated together with any Deed of Assignment and Probate of Will be transmitted to the Office and also a Certificate of the age of the deceased, if it is not already admitted on the Policy.

You will be pleased to observe that the time of payment will be reckoned from the period of the above particulars having been submitted to, and approved of by the Board of Directors.

I am Sir.   Your most obt Servt.  Thomas Robinson.  Resident Director.

 

Letter to Mr John Pope Cox.   Secretary.     67 Fleet St.               Aug 14 1855.

Sir.

I have to thank you for the promptness with which you  replied to my letter of the 1st inst. And for the papers which you then forwarded to me.

I now return all Certificates 1st of Identity 2nd of the Cause of Death signed by the Surgeon and 3rd of Burial and I will thank you to submit them to the Board of Directors, and to acknowledge their safe arrival in due course

The Age of the deceased being admitted on the Policy on the 1st Nov 1853 not exceeding forty seven years. I have not thought it necessary to obtain a certificate of age.

Residing so far from London Previous to transmitting the certificates to my uncle Mr W Green of Gravesend the father of Mrs Woolley for him to get properly attested, I inserted, as you will perceive, Mrs Woolley’s name & residence, and I mention it that you may know by whom it was done  The mortgage bond and the probate of my father’s will I have sent to my son Mr J Philip Green at 4 Harcourt Building, Temple, and have requested him to call on you and to submit them to your inspection.

Though as executor of my fathers will, I have to act in the matter, yet the money to arise from the payment of the policy will be employed for the benefit of Mr W Green during his life and on his decease for that of his children. It is therefore simply as trustee that I am engaged in the business.  I shall be obliged by as early a reply as is consistent with the rules of your institution.

 

Letter Dear J P.                               Aug 14 1855.

In consequence of Mrs Woolleys death (a cousin of mine) I have as your grandfather’s executor to claim the payment for a Policy of Life Insurance from the English Widows Fund at 67 Fleet St, and the Directors require me to submit to them the Mortgage Bond, The Deed of Assignment and the Probate of my father’s will.  These I am now sending to you, by the post, and wish you to take them to the Secretary of the Institution, Mr J Pipe Cox, and submit them to

 

Aug 14 1855.   To Mr W Green to acknowledge the Certificates and to say that I have transmitted them to the Office for the Directors.  Sent in a Registered Letter the 3 Certificates to 67 Fleet St..  Also sent to JP Green.

 

 

Extract from a letter to Henry from his son John Phillip.    August 18th /55

Dear Father.

I am afraid it was not quite “en regle” not to acknowledge the receipt of the packet of deeds which you sent however they arrived all safe and the same day I took them to the office of the Widows Fund. They wished them left for the solicitor of the Company to inspect and so Mr Cox gave me a receipt for them and they will be ready to be returned towards the end of next week as the solicitor will not call before Thursday.  Mr Cox seemed to think the matter all plain & straight forward enough. Mrs Woolley does not seem to have been long a contributor of premium in consideration of her insurance but I am glad there has not been any difficulty about the matter for my Grandfather or for you”.

 

Extract from a letter to Henry from his son John Phillip. London. August 20th 1855.

Dear Father.

I find that I shall want as much as £20 to settle what I owe and to get some clothes and a hat &c  I am sorry it is so large a sum. I suppose I had better bring back the deeds if I get them from the Widows Fund Office or will there be any necessity for them to remain here for any further inspection.  I should think not as far as I understand the matter. 

                                                                                   

 

 

 

 

 

Dated 17 day of November 1853

 

Mrs Harriett Woolley }          Mortgage of a Policy of Insurance

By consent of              }          and her share of or interest under the will

Mr William Green      }          of Mr Sam Jones deceased to secure the

To                                }          payment of £100 & interest

Mr John Green            }

           

 

Probate of the will of Mr John Green deceased dated 23 March 1854

Extracted by Jennings & Son  Doctors Common

 

1855                                                                               Expenses

Aug 14                        Postage of Reg Certificates                1. 2

                                        Bond & Probate

                               “ Mr W G  JPG                               2d

 

 

Oct 11 1855  J P Green has received from me.

The Policy of Assurance for 100£ due on the decease of the late Mrs Woolley from the English Widows Fund 67 Fleet St to the estate of the late John Green.  The Policy being my receipt, an authority to receive the same 100£: the Mortgage Bond of a policy of Insurance and her (Mrs W) share or interest under the will of Mr Samuel Jones deceased to secure the repayment of £100 and interest and the Receipt for the last years premium, & two letters from the Secretary

Also – directions for Messrs Sims & Hills to purchase 100£ Consolidated 3 per cent Annuities for Mr Henry Green, Heathfield, Knutsford, Cheshire acting Executor of Mr John Green deceased who was survivor with Mr S Green deceased and to which Rev H Green a transfer was made 12 July 1854 of £391.7.3 consolidated £ 3 per cent annuities

Ask the brokers if it is not right (as Mr  J Green decd incurred the risk) simply to replace the £100 Stock sold out on 17 Nov 1853 by the late Mr John Green

 

Extract from a letter to Henry from his son John Phillip

London                                                               Oct 20th /55

Dear Father

I went this morning to the Widows Fund Office and find that if I attend at 3 on Thursday I shall receive the £100 which of course I shall invest without delay.  Mr Cox says that he shall be much obliged by having the date of the probate of my grandfather’s will (as proved on &c sworn under &c) as he has mislaid the copy which he had 3 months ago. Perhaps as it is not a long will you might send a copy of it so that all may re right on Thursday but of course it is Mr Cox’s fault for not having taken care of the copy which he had when the instrument was left with him. 

 

Letter to Henry from his son John Phillip

London                                                             Oct 29th  /55

Dear Father

The last day or two I have had some doubts whether it will be the proper course merely to replace the sum of stock sold to my grandfather and not to give the benefit of the fall in the price of stock to the trust fund. The law is very strict as to the management of trust property and the principle is undoubted that a trustee is not allowed to make any profit out of a trust fund and that any accidental advantage which accrues from any mode of dealing with it must not go to him.  It is not enough to say that my grandfather ran the risk of having to replace the stock when its price might have risen. He did run that risk and that among other things made the proceeding improper and unsafe to himself. I asked Mr Braithwaite for his opinion on the point and he quite agreed with this view and thinks that the safest way will be not to have any advantage or benefit whatever from the management of trust property.  Trustees must invest their trust fund in the consolidated fund and keep it there unless the terms of the will or deed expressly allow investment on other security and then they will be safe. I have written to  Mr Wm Green to come on Friday that is to be at Messrs Sims & Hill on that day but I have not at all raised this question.  Before then I can have your opinion & perhaps speak again with Mr B.

Yours very affectionately

John Philip Green

 

 

Letter to Henry from his son John Phillip

London                                                Nov 3rd  /55

Dear Father

I dare say this morning you received the receipt of the Bank from Messrs Sims & Hill. They said they would send it.  I was not able to write to tell you of the investment having been completed.  I did not see the transfer made but it was to take place at ½ past 2 and as my presence was not needed to sign the book and as Messrs Sims & Hill gave me the ordinary memorandum on receiving the money there was not any occasion for me to stay. Mr Wm Green was there and glad to see me & to hear of you.  When I first told him what I proposed doing he seemed to think it would be quite sufficient to replace £100 consol. stock but I pointed out to him that it would be right at least to reinvest the sums produced by the former sale which I understand was £94.  I have thought a good deal about the matter & feel sure that more than this the Trustee is not bound to do. The £100 the produce of the life policy is in no sense trust property. His receipt of that & his dealing with Mrs Woolley to secure the loan are not dealings with property subject to the trusts of the will under which he acts but a transaction quite independent & collateral.  The trust property actually dealt with was £94 the produce of the sale of the £100 consols  and if this £94 is reinvested at equal or lower rates then 94 per cent the trustee’s obligation legally & morally seems to me performed. This then is what I did I invested £94 of the £100 I received from the Assurance Office.  Your position as Executor of my grandfather is a trusteeship also and the £6  balance may legally & morally belong to his estate & you have not any right to act in the matter from any motive of mere generosity towards the Wm Greens.  The question however remains whether the £6 belongs to my grandfather’s or to Mrs Woolley’s estate and in reference to this we must look into the mortgage deed again.  I feel convinced it does not belong to the property administered under Uncle Jones’ will.  Mr Wm Green seemed to think that the balance would  belong to him because he had given up the interest of the consols to Mrs Woolley but I could not at all understand what he was aiming at or on what principle he came to such a conclusion.  He quite agreed with me that £94 was the right sum to invest Messrs Sims & Hill thought we were not bound to do more than buy £100 stock at present prices but this point I felt clear about.  When I told Mr Wm Green that the question as to who is entitled to the £6 still remains open it seemed to set him at rest and our whole interview was quite pleasant & friendly in every way.  One of the Miss Woolleys was present also.

 

Extract from a letter to Mary Green from John Phillip dated 10 Feb 1856

“Tell my father that I have read the mortgage deed of Mrs Woolley to my grandfather again & think that the £6 which was the surplus after reinvesting the sum borrowed belongs to Mrs Woolley’s family her executor or administrator should some time or other be paid to them. That at least is my view of the matter now that I come to read the deed again.”

 

Feb 10th 1856  Extract from letter from John Philip to Henry

Tell my father that I have read the mortgage deed of Mrs Woolley to my grandfather again & think that the £6 which was the surplus after reinvesting the sum borrowed belongs to Mrs Woolley’s family her executor or administrator should some time or other be paid to them. That at least is my view of the matter now that I come to read the deed again.

With best love

.

Copy.              Folkestone.                        10 April 1856.

Sir.

I have been requested by Mr Green Sen, Mrs Kent and Mr Green Junr to communicate with you on the subject of selling out the £500 3 per cent consolidates now standing in your name as Trustee for these parties.

Mr Green Sen & Mrs Kent sometime since became bound to the National Provincial Bank of England in the sum of £750 for Mr Green Junr and the Bank have now required payment.  Negotiations have been pending sometime endeavouring to make an arrangement so that Mr Green Sen & Mrs Kent might be relieved from their responsibility but they have failed and the only recourse they have now is the money in the fund.  All the parties interested are willing that the funds should be realized and I apprehend that you as a Trustee can have no objection to concur in this course.

Mrs Kent is very anxious about the matter not only on her own account (as she is not in a position to pay the money) but particularly on account of her father who as you are aware is now very advanced in years, and she fears if legal proceedings are taken (which must inevitably be the case) will cause his death:  indeed the present trouble has already had a great effect upon him.  Mrs Kent thinks that your feeling of sympathy will induce you to act promptly in this matter in the manner requested. Upon your consenting to this a deed of Release from the parties interested shall be prepared either by myself, or any other Solicitor you may think proper.

Despatch is absolutely necessary, or I cannot see any other than ruin for all parties.

I remain, Sir, Your very obed,   John Minter.

The Rev. H. Green.

 

Letter to John Minter Esq.  Solicitor.  Folkestone.        April 12 1856.

Sir.

The information you have communicated respecting Mr Green Sen, Mrs Kent and

Mr Green Junr has caused me much concern, and the more, as I do not see how consistently with my duty as trustee the money in the 3 per cent consuls can be directed at present.  The rules respecting trusteeships are very strictly interpreted by the Chancery Court, and I notice there is now a bill before Parliament to make breach of trust not simply a violation of a civil contract, but also a criminal offence accountable to the criminal courts.  Were the parties entitled to an absolute reversion in the death of their father the application you have made to me might not be attended with any work, and their and Mr Green senior’s joint release might be sufficient security to myself but their reversion, as I am informed, is dependent in their surviving their father, and if they do not, I shall be answerable as trustee to some or other of the representatives of the late S Jones under whose will the 500£ 3 per cent consols is in trust.   There is also this strong objection; the dividends are now paid to Mr Green Senr, and I do not know that he has any other resource in his old age, and if only for his sake it is better that I should withhold my consent.  It my seem unyielding of me but  I know that it is often better in the end to let the law take its course in a time of difficulty than to make sacrifices which neither the law nor moral edict requires.

The present value of the reversion on surviving their father must, I think, at his age be worth nearly as much to my cousins, in the market, as the sum actually in the funds, would it not be the safer course for them to dispose of this and if justified by proper legal advice.  I could do anything as trustee to make the security more perfect to the person buying the reversion I will very willingly do so.  I have every possible desire to do all I can in this matter, and shall transmit your letter with a statement of the nature of the trust to London to obtain counsels opinion, and when I receive the reply I will write to you immediately.

Before I became trustee there had been some irregularity as to the trust property, but when that irregularity was put right I was strongly advised by I believe very competent authority not again to allow any deviation from the requirements of the trust.  HG.

 

Letter  to Mr J Philip Green.                  April 12  56.

I enclose for your consideration a letter I have lately received and wish you to give your opinion on the following statement.

Of the consuls in question on £1000 one half was devised by the will of S. Jones (proved April 30th 1808) to Mr Wm Green  that he might receive the interest during his life and that immediately on his decease his children might receive the said property, and their children’s children for ever.

Mr W Green has two children now living Mrs Kent and Mr W Green Junr.  Would it be right, and legally safe for  me to accede to the proposal in Mr Minter’s letter ? Should Mrs Kent and Mr W Green jnr. both die before their father should I not be liable to make good the £500 to some or other of the representatives of the late

S Jones?

My reasons for thinking so are the following clauses in the will:

“I do order and require my executors to call in all my monies by me lent on Bonds, Bills of Sales, Notes of Hand, Parliament Security except the 1000 three per cent as before mentioned and as soon as the money so called in is sufficient to pay all my legacies so to do, and all other monies received by them now on mortgage or otherwise to place in Parliament securities and the interest arising therefrom to be equally divided between my said nieces and nephews share and share alike and their heirs for ever as likewise the six other houses at Bearsted not before given and their rents and profits to be divided as aforesaid”.

An after clause in the will says “I do nominate and appoint them my three nephews, Sam Jones, Sam Green and John Green joint executors of this my Will, commanding them as before expressed to sell all my monies except mortgages if any, and after payment of my just debts, funeral expenses and the proving then my will and all legacies by me bequeathed or given, to place the monies so received if any into Parliamentary securities and that the interest arising there from to my several nieces and nephews share and share alike and their heirs for ever”.

To whom would the 500£ 3 per cent consols belong after W Green’s death – should his children not survive him ?      S Jones’s will I imagine makes his nephews and nieces the residuary legatees, would not the 500£ belong to them and their heirs ?

I have written to Mr Martin that unless I am satisfied on these points I do not see how I can consent to his proposal, I personally wish to help my Uncle in his difficulty but I must not go counter to what the trust requires.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Letter to Mr Kent, Whitehall Place, Gravesend.                  July 3 1865.

My dear Cousin

I have every desire that there should be no unnecessary delay or expense in the distribution of the 500£ consols under the will of the late S. Jones, and which was left to your father for his life and on the death to his children and children’s children, but I am placed as an executor in much difficulty owing to the claims made on me through their solicitor Mr Edward Moss  by the husbands of two of Mrs Woolley’s daughters, Mr Markham and Mr Augustus Vyse.  If their claims hold good the claims of your brother John’s children would probably also hold good and until  yesterday I was not aware that he had left any children.  I had asked my brother John to obtain for me the names and addresses of Mrs Woolley’s children and he wrote to your brother William,  who refers to you, and mentions his brother John had children, but could not give their addresses.

Will you therefore have the kindness to inform me what children your brother John left, and if living what are their addresses, also what children Mrs Woolley left, with their respective addresses or those of their husbands.

I wish to place the whole matter without delay before my solicitor for his advice and direction and this I cannot do satisfactorily unless I have the names of all possible claimants. Will you therefore inform you can answer the above inquiries.

Should I get this matter into a proper train during this week and the next I propose going up to London on the 17th July.

On referring to a letter of my son Philip, in 1856 when he was a student of law, but had consulted a very eminent barrister on the subject I find that the doubt as to Mrs Woolley’s children having claim arises from the fact that her father joined with her in executing a mortgage of her claims under Mr Jones will – and that the effect of this mortgage is to sever as to her share the joint tenancy which existed under the said will and to vest only 2/3 of the 500£ in yourself and your brother Wm and the 1/3 in the executors (if any) or personal representatives of Mrs Woolley.  The question I believe resolves half unto them whether on the death of the tenant for life my late uncle Wm the gift of the 500£ created a joint tenancy or a tenancy in common – if the former you and your brother William as survivors would take the whole – if the latter Mrs Woolley’s children and I presume your brother John’s would come in for their mothers and fathers share.

I cannot pretend to decide the case of law of the case but it is one of the great misfortunes of a person making his own will without knowledge as Mr Jones did, that he leaves to his executors and to his legatees a vast deal of uncertainty and difficulty.  I wish I could see my way clear without consulting an attorney.

 

Mr Wm Green, Whitehall Place, Gravesend, died intestate May 21st 1865 leaving two children surviving, Mrs Jane Kent, Whitehall Place, Gravesend, Mr William Green, 11 Victoria Grove, Folkestone.

Mrs Harriett Woolley died intestate (July 21st 1855) leaving three daughters surviving – namely Emily wife of Mr Augustus Vyse 125 Oxford Street, London,

Louisa Jane wife of Mr Saml Stenton Markham The Birches, Kingston, Surrey, and Jane Woolley, unmarried, 3 Whitehall Place, Gravesend, a fourth daughter Julia Sale the wife of Mr Charles Howard is dead (December 20th 1856) leaving no child.

From the information of Mrs Kent & Mr Wm Green.

 

Letter to Mr Wm Green. 11 Victoria Grove, Folkestone.       July 9 /65.

My dear Sir.

I thank you for the information which through my brother John you have given me in connexion with Mr S Jones’ will.  Some years ago about 1856 when I became the executor of my  father  I made inquiry as to the construction of that will, and was advised that Mrs Woolley’s children would come into her mother’s share, and that at any rate it would be the only safe way for me to seek a legal opinion when I was called on to act in the division of the 500£ consols.

I have accordingly consulted Messrs Brooke Marshall &  Banks Attorney at Manchester, and their opinion is that the 500£ must be according to law divided into three shares, one for yourself, one for Mrs Kent and one for  Mrs Woolley’s children. I instructed Messrs Banks & Co to set this opinion before Messrs Wild & Co the solicitor for the Bank who hold the mortgage on your and Mrs Kent’s shares, and today I learn that Mess Wild & Co on behalf of the Bank acquiesce in the construction which my solicitors put upon the will and that unless Mrs Kent and yourself object the distribution of the 500£ consols in the three shares may take place without delay. I shall be much obliged if you will inform me what course you propose taking.  I may mention that I have received on behalf of Mr Vyse and Markham a notice from their solicitor of their claim, and I am informed that Mr Howard also intends to put in his claim.  A lawsuit on the point might exhaust the whole sum & more.  Should you and Mrs Kent take the same view as Messrs Brooks Messrs Wild and Mr Edw Moss there seems no obstacle to the speedy settlement of the whole affair.  I believe there are sufficient reasons why your brother John’s claim has no legal foundation.

Certain terms in Mr Jones require the registers of marriage of your father and marriage and of the births of yourself and Mrs Kent and Mrs Woolley. If you have any of these at hand I will thank you at once to inform me as I wish to go to London next week and to arrange what is necessary as to the 500£ consols.

 

Letter to Mr Kent.  Whitehall Place. Gravesend.                July 9/65.

My dear cousin.

I thank you for the information your letter of the 4th conveyed the painful circumstance which you enter upon. I had heard about 6 or 8 years ago, it may have been rather more, but did not mention the subject to any one as it is useless and unkind to needlessly to spread family secrets.  At the present time however as we have to do with the settling up of the will it is necessary to act on the circumstance. 

I am sorry to cause you trouble, but I am advised it will be necessary to have the registers of your father and mothers marriage, which probably you possess.  Mr John Green’s register of birth or baptism should also be obtained and also the birth & baptism register of yourself and your sister Mrs Woolley and your brother Mr Wm Green.  I have written to him to ask for his register and also on what now follows.

As I informed you I consulted some very respectable solicitors in Manchester, Messrs Brooks, Marshall & Brook and their opinion is that  the 500£ must according to law be divided into three portions, one for yourself, one for Mrs Woolley’s children and one for Mr Wm Green.   I instructed them to set this opinion before Messrs Wild & Co the solicitors for the bank who hold your and Mr W Green shares as security,  and today I hear that Messrs Wild &  Co, on behalf of the Bank, acquiesce in the construction which my solicitors put upon the will and that unless Mr Wm  Green and yourself object the distribution of the 500£ consols in the shares may take place without delay. I shall be much obliged if you will inform me what course you propose taking. I certainly should advise you taking the same course that in which Messrs Wild acquiesce as far as Mr Vyse, Mr Markham & Mr Howard intend claiming their part in Mrs Woolley’s share, the whole sum & more might be swallowed up in law expenses.

If you can furnish me with the registers immediately Messrs Marshall & Co the business may be completed while I am in London where I propose going next week.

           

July 10 1865

Mr Brooks directed me to obtain the following information:   dates of deaths of Sam Jones, Sam Green & John Green, executors of Mr S Jones will.  Extract from Mr John Green’s  will containing the appointment of executors – dates of his will and his death and of the probate of his will, in which court was it proved – date of widows death.

Name and addresses of Mr & Mrs Vyse, Mr & Mrs Markham, Miss Woolley and Mr Howard husband of the daughter who died.  Have any letters of admin taken of Mrs Woolley, estate been taken out. If they have, when and by whom.

 

July 10 1865.  Wrote to Mr P Beeching for dates of death of Sam Jones and Sam Green to Mrs C Ellis for extract from Mr Green’s will & date &c, to Mrs Kent for other particulars.

 

Extract from the will of John Green, Papermaker of Hayle Mill in the Parish of Loose in the County of Kent made third July 1847. “And I hereby appoint as Executrix and Executor of my will the said Ann Green, and my son Henry Green of Heathfield near Knutsford in the County of Cheshire”.  The said John Green died March 11th 1854 and probate was granted in the Prerogative Court of Canterbury March 23rd 1854.

The widow of the said John Green, namely Ann Green died July 2nd 1859. 

H.G. July 12 1865.

 

July 13th wrote to Mrs Kent with a paper (No.1,2,3,4,5,6) for further information – also to Mrs S Green, St Giles Terrace, Norwich.

 

July 13  Mr Beeching informs me:  Mr Saml. Green died 30th June 1853.

 

July 14  Wrote to Mr Augustus Vyse, that Mr Moss had not replied to Mr Books letters and requesting Christian names.

 

July 15 wrote to Mr S Johnson, Bearsted, Kent to ask for date of Mr S Jones death.

July 15 wrote to J.H.Brooks.

July 15 wrote to Mrs Kent as to Wednesday (in London) July 19th.

Registers: Jane Green born 24th March 1803 baptized 5 April 1803 at Tardebigge Worcestershire. Harriet Green born March 14 1806 baptized July 20th 1806 Aston Vicar, Tardebigge.  William Green Oct 31 1810. Henry baptized May 22 1826. Henry Turmen Perp Curate of Minster  Isle of Sheppy.

 

Emily Woolley:  Louisa Jane baptized 1 April 1838 St Marys Whitechapel. Julia Sale Woolley:  Jane Woolley born 7 Nov 1841 batpized St Mary Whitechapel.

 

1865 July 20th. Mrs Kent showed me the following Registers:

1.          William Green of this Parish and Ann Payne of the same were married in this Church by Banns this 26 day of December 1801 by me John Cawood Curate. This marriage was solemnized between William Green Ann Payne in the presence of …………John Hyde.  Jonah Gower.  I hereby certify that the above extract from the Register of marriage of the Parish of Ribbesford in the County of Worcester is a true and correct copy.  Witness my hand this 18th day of July 1865.  John Walcot, Rector of Ribbesford & Bewilly.

2.               Was baptized May 22 1826. John born April 6 1802 son of William and Ann Green, Sheerness, Victualler.  A true copy Minister in Sheppy Kent extracted this 17 July 1865 curate of Minster Sheppy.

 

July 20. Left the draft prepared by Brook &  Co with Wilde & Co College Hill. Mr Humphrey receiving it – informed him of John Green’s register, and Mrs Kent left it with Mr H.  Called on Wm Gerand, Summals Inn – Messrs Howard’s guardian (Lewes out) then of Mr Wm Vyse 125 Oxford Street, London and on Mr Powle 58 Bartholomew Close.

 

Mr Augustus Vyse 125 Oxford Street  - written to, to acknowledge the ….. letter of Dec 4th – favourable to a four fold division.

 

Jan 7 1866 wrote to Mr Kent, Mr Vyse asking for addresses of Mr Howard and the

widow & children of the late Mr John Green and himself.

 

January 9th Mr Books gave me to ascertain:

1.     Date of death of Samuel Jones testator – the will made May 24 1807 – proved April 30th 1808.

2.     ---------------of Samuel Jones, Executor died prior to the year 1853.

3.     Name of Mr Woolley and date of marriage.

4.     Date of Mrs Woolley’s death – July 21st 1855.

5.     Did she leave a will, or were letters of administration taken out – copy of will or letters (if any).

6.     Date of John Green’s death (of Sheerness) Feb 1st 1847.

7.     Did he leave a will, or were letters of administration taken out.  Letters of administration.

8.     Copy of such Will or letters (if any).

9.     Date of death of Wm Green Sen.   May 21st 1865.

10.  Date of death of Lewis Jones.

 

Letter to Miss Woolley at Mr Kents, Whitehall Place, Gravesend.      Jan 10 1866.

In preparing the document connected with the distribution of 500£ consols under the will of Saml Jones it is necessary, my legal advisor told me yesterday he should be furnished with the name of your late father and with the date of his marriage, also with the fact of your mothers leaving a will, or letters of administration & when they were taken out, and if a will was left or letters of administration were taken out, a copy should be sent to me.

Supposing there are neither letters of adm. nor a will it will be necessary that letters be taken out and this should be done by yourself and when done the copy sent to me.

Will you therefore inform me:

1st the name and date of marriage of your father.

2nd Whether your mother left a will, and if not, whether letters of administration were taken out and in case will was left or letters taken out you furnish me with a copy.

Should there however be neither will nor letters the reason why letters should be taken by yourself is that the law paper will be more simple and the cost less than if either of your married sisters.  Mrs Kent doubtless will kindly advise you in the matter.

 

Letter to Mrs John Green,  1 Bank Terrace, Mile Town, Sheerness.      Jan 10 1866.

As executor acting under the will of Mr S Jones who died in 1808, and by which 500£ consols were left to the late Mr W Green of Gravesend for his life and on his death to his children and children’s children.  I am advised that you are the widow of one of the children the late Mr John Green and that he left two children your daughters.  In order to enable them to obtain their late father’s share in the property certain information must be obtained which probably you can supply better than any one else.  Will you therefore inform me 1st  of the date of your late husbands death -  2nd if he left a will, or if letters of admon were taken out. Should there be a will or letters will you furnish me with a copy. 3rd the names and ages and residences of your daughters and if married the names of their husbands.

Though the first cousin of your late husband probably I have never been named to you by him, as it is 45 or 46 years since I left Kent to reside in the north of England.

Besides the 500£ consols there is some landed property, but with this I have nothing to do.

 

From Mrs J Green : letter dated Jan 12 1866.

Her husband died Feb 1 1847 – her two daughters are married (Cornelia) to Mr George William Skinner, Clerk at the Admiralty, Somerset House, 21 Oxford Road Essex Road, Islington, London, (Matilda) to Mr Charles Pennell, Clerk, Sheerness Dock Yard, 1 Banks Terrace, Mile Town, Sheerness.  Mrs J G has letter of administration, now with Mr Poole, Solicitor, 48 Bartholomew Close.

Jan 13: Letter to Mr Vyse, stating I had nothing to do with the land, and advising those interested to appoint a person to manage and to sell it, and then divide the proceeds.

 

Jan 14 Similar letter to Mr George W. Skinner, 21 Oxford Road, Islington N.

 

May 19 1866 Letters  to Messrs Wilde, Roos Humphrey &  Welch 21 Cullys Hill, London. Mr Nyse 125 Oxford St. Mr G W Skinner  ………Somerset House

Respecting the release being ready and whether they wish the division to be now made or to wait a few weeks to see if the funds go up.

 

Letter to Messrs Davis Sims & Hill,  Stock & Share Brokers. 3 Bartholomew Lane,        May 23 1866.

Gentlemen.

The time is come for the final distribution to be made under the will of Saml Jones who died in 1808 and of which I am the executor in succession to my late father Mr John Green of Maidstone.

From the enclosed documents (transfer note of £91.7.3. 106.15.11), you will see that there are ……..in the consolidated 3 per cent annuities in the name of Henry Green Heathfield, near Knutsford Cheshire namely:  July 12 1852 transferred from John Green Maidstone deceased to His executor Henry Green Letter                       391.  7.  3

John Green by Henry Green                                                                           106.15.11

                                                                                                                        498.  3.  1

1866 Jan 5     ½ years dividend due on the above                                             7. 9. 3

 

For paying the legates I wish with as little delay as possible the above stock to be sold for cash and the above dividend to be received. Will you therefore by return of post send me a properly prepared power of attorney by which I can authorize you to effect the sale on my behalf and to receive the dividend.  The proceeds when received and the ½ years dividend are to be paid to Messrs Clerke Woodcock & Ryland, Solicitors 14 Lincolns Inn

 

Wrote to Mrs Cornelia Green 17 Norfolk Road, Essex Road Islington that next week I expect will --------------                                                                                                                                                                                                                    

June 10 1866.

Wrote to Brooks, Marshall, Brooks stating the power of attorney would be sent on the 11th to Messrs Sims & Hill.

 

Letter to Messrs Sims & Hill, 3 Bartholomew Lane.                    June 11  1866.

Gentlemen.

I enclose the power of attorney for the sale of the £498.3.2. and dividend standing in my name in the Consolidated 3 per cent Annuities; and I will thank you to carry the said power into effect.  The proceeds deducting your own charges, you will be so good as to pay over in my name to Messrs Clarke, Woodcock & Ryland Solicitors

14 Lincolns Inn Fields.

 

June 25 1866.  Letter to Messrs Clarke, Woodcock & Ryland, 11 Lincolns Inn Fields.

Gentlemen.

Messrs Sims & Hill I understand have paid to you (in respect Saml Jones) the proceeds of the sale of £498. 8.2 consols 3 per cent at 86 3/8 deducting their charges 428. 9.2  but as the dividend for one year will not be paid until July and I am desirous of bringing my executorship to an end, I enclose you a cheque for 14.14.0 – in advance of that dividend – viz dividend 14.18.10 - less property tax 4/10 balance 14.14.0 this sum you will please add to the account and it will complete all money relating to the executorship to be accounted for by me.

Messrs Brooks, Marshall Brooks I presume have given you instructions and placed all necessary documents in your hands so that the division of the property may now be made to the legatees, they are I believe desirous of receiving their shares without delay, and conform ably to instruction from Messrs Banks & Co you will see that the release to me is properly signed & executed.

The cheque is crossed and you will please to acknowledge by return of post.

 

June 30 1866.

N.B. Recd letter from Mrs Cornelia Green advising that Mr Markham objects to sign the deed.

 

Letter to Messrs Brooks & Co.        June 30 1866.

Gentlemen.

The enclosed letter from Mrs Cornelia Green will explain the hitch which seems to have arisen in the selling of S Jones’ legacies.  If the matter cannot be settled at once I am inclined again to invest in consols the proceeds now in Messrs Clark & Co. hand, and ask the aid of the Chancery Court to decide the matter.  I have done what I could for an amenable and suitable settlement – and to effect a speedy settlement after having at the unanimous request of all parties to the release sold out the stock. I have advanced the amount of dividends not yet due.  If after all I am to be met by delays and objections of no legal force I do not feel called on to bear up to them, but to relieve myself of further responsibility by paying the legacies in question into the court of Chancery. My son’s opinion is that I should write to this effect to the administrators of Mr John Green and of Mrs Woolley and to Messrs Wilde & Co.

I propose being in Manchester on Tuesday to consult you on the subject and should I not hear from you to the contrary I shall conclude you will be able to see me. 

 

Letter to Mr S S Markham. 36 King Wm St.  London Bridge.           July 1 1866.

Dear Sir.

In compliance with the request of yourself and of the others (Mr Howard excepted) intended through the late Mr Wm Green on certain legacies under the will of Saml Jones deceased, I sold out on the 13th June the stock in the Bank of England,  and so that there might be no delay I advanced from my own pocket the dividends, not then due, the whole sum has been in the hands of the agents of my solicitors for distribution among the legatees since June 25th and I fully expected to learn that the distribution had been made – but I understand that the difficulty now remains with yourself and that the deed of release is in your hands and has been above a fortnight, and that no distribution has been made.  I am quite at a loss to conjecture the reason of your difficulty – and shall be obliged if you will state it.  You were one of the parties who approved of the division into four shares – one for Mrs Kent, one for the representatives of the late Mrs Woolley, and one for Mr Wm Green, the deed of release has been approved by the several attorneys representing the 4 others and it is quite a disappointment to me that there should arise a hitch in the settlement.

 

 

Letter to  George W Skinner Esq,  Newton Villa, Victoria Road, New Barnet.

Heathfield, Knutsford.                      Sept 28 1872.

My Dear Sir.

I have carefully looked over the papers which I have as executor of my late father Mr John Green of Maidstone, and respecting the marriage of [his] brother Mr Willm Green I find the following in a note book written at the time 1865.

July 20th Mrs Kent shewed me the following registers (here follows the extract).  Besides the above I found what may be useful to you.

The direct executors of  Mr  Saml Jones who died in 1808 were :

Saml Green who died June 30 1853

John Green   ---------- March 11 1854

Saml Jones ------------before 1853

namely June 1833.

The only paper which I have to enclose was an extract from the will of Mr Saml Jones of Thurnham by whom the Great Budds Farm was left.  Had I possessed other papers likely to be of service I would gladly have sent them.  Will you please to accept my kind regards as also Mr & Mrs Vyse.

Henry Green.

 

 

Will of Samuel otherwise Sam Jones

 

In the name of God Amen I Sam Jones of the parish of Thurnham in the County of Kent Yeoman do make and ordain this my last will and testament this twenty fourth day of May 1807 ………..

I give Jane the wife of Isaac Burch of Bearsted all those my two little farms at Grafty Green in the Parish of Boughton Mahlerbe in the County of Kent freehold.  And also all those two pieces of woodland in Wilding and also one piece of woodland in Otterden in yr said County all freehold during the term of hr natural life and from and immediately after her decease to her children….girls as well as boys and their heirs for ever I also give my said niece one hundred pounds.

I give unto to my two nephews Lewis Jones snr. and William Green all those my freehold farms called Great Budds in the Parish ot Thurnham  to contain 56 or 60 acres and also the great field and a wood in Parish of Hucking  in the said County   containing six acres ¾ 6 perch.  I also give unto my said two nephews the interest of One thousand pounds   three per cent Consolidated in the Bank of England and likewise my too little houses in Thurnham opposite Ware Pond  share and share alike during the term of their natural lives and from and immediately after their or either of their decease  I give all the before named property to their several children to secure the father’s half part girls as well as boys and their childrens children  lawfully begotten.   I likewise give the said Lewis Jones and William Green one hundred pounds a piece of lawful money of England.  I give unto my niece Elizabeth Westwood children fifty pounds a piece when they attain the age of twenty too years and I give unto Richard West their father two hundred pounds of lawful money of England to help bring them up and forgive all money matters before him and in  …………….

I give unto my nephew Sam Jones of East Malling in the said County of Kent Tailor all that copyhold Inn called or known by the name of the One Starr formerly the George and two acres of Land hereunto belonging with stables coach house oast house and all the said premises in the Town of Robertsbridge and Parish of Salehurst in the said County of Sussex likewise two freehold fields containing four acres called or known by the name of Porter of Poltey field in the said Parish and County and also the freehold dwelling and garden in King Street Maidstone in the County of Kent in the tenure of ?? Bouner during the term of his natural life and from and immediately after his decease to his several children girls as well as boys share and share alike and their heirs for ever.  I also give unto him my said nephew two hundred pounds of lawful money of England  It will cost him a years rent to take the copyhold Inn into his own tenure. I give unto my nephew William Jones of East Malling Tailor all those my four houses and Tile or Brick kiln and six acres of land hereunto belonging on Silver Hill in the Parish of Salehurst Sussex freehold called or known by the name of the Starr Farm and also all those my  two freehold houses and two acres of  land at Hurst Green in the said Parish and County and a freehold house and garden in the tenure of the Widow Adams in King Street Maidstone in Kent and also a house and large garden at Nor??? East Malling in the tenure of Francis Tomblin during the term of his natural life and from and immediately after his decease to his several children lawfully begotten share and share alike and to their heirs for ever.  I also give unto him my said nephew one hundred and fifty pounds of lawful money of England.

I give unto Mary the wife of John Woodman my niece the rents and profits of my three dwellings and land thereunto belonging now in the tenure of her sister and brother Johnson on Bearsted Greene in the parish of Brasted during the time of the minority of my two grand nephews or days of marriage which may first happen to Thomas  Ashdown Golding and his brother John Ashdown Golding share and share alike and to their heirs for ever.  I also give unto my said niece Mary Woodman the interest of four hundred pounds money lent on Bond to the Reverend John Hodson  Clerk  to be paid to her quarterly four pound a quarter and when the principal loan of 400 is paid in the same to be placed in Parliamentary security by my executor and the trustees thereof to be paid as before expressed and I also give the said Mary a freehold house or dwelling in the tenure of the widow Gardiner at  ? in East Malling during the term of her natural life and from and immediately after her decease to her heirs lawfully begotten for ever.  I also give her the said Mary Woodmans fifty pounds lawful money.  I give unto my Cousin Christopher  Lunt of Larkfield twenty pounds  I give unto Elizabeth Wood of Brompton ten pounds  I give unto Jane the wife of   ??? of Ashford ten pounds and I do order and require my executors to call in all my monies by me lent on bonds bills of sale notes of hand Parliament security.

I likewise give unto my two nephews Sam Green of Sevenoaks and John Green of Penshurst all that my freehold farm wherein I now live in ?Wood Street in the Parish of Thurnham containing twenty seven acres more or less and also a small piece of woodland called ?Short Brath Wood containing two acres two quarters and two perch on the hill in the said parish during their natural lives share and share alike and from and immediately after their decease or either of them to their children girls as well as boys share and share alike their heirs for ever.   I also give my two nephews Sam and John Green one hundred pounds a piece of lawful money of England and also I give unto them all my household goods plate linen wool and hop poles and all other my effects on the said farm and lands at the time of my decease and I do appoint them my three nephews Sam Jones Sam Green and John Green joint executors of this my last will commanding them as aforesaid to all in all my houses a  mortgage is any and after payment of my just debts funeral expenses and the proving this my will and all legacies by me bequeathed or given to place the if any unto Parliamentary security and the interest arising there from to my several nieces and nephews share and share alike and their heirs for ever. 

29 April 1808

 

Release to the Revd Henry Green as Executor of the Will of the late Samuel Jones deceased dated 16 July 1866.

This indenture made the 16 day of July 1866 between William James Maxwell of Richmond Surrey Esq. Richard Blaney Wade of Upper Seymour Street Middlesex Esq. John Oliver Hanson of Dorset Square Middlesex Esq. Henry Paull of Devonshire Place Portland Place Middlesex Esquire and The Honorable Eliot Thomas Horke of Park Street Middlesex (the present trustees of the Society or co-partnership called the National Provincial Bank of England of the first part, Cornelia Green of 17 Norfolk Road Essex Road Islington Widow of the second part, George William Skinner of Oxford Road Islington Middlesex and Cornelia his wife of the third part, Charles Pennell  of Sheerness Kent gentleman and Matilda his wife of the fourth part, Jane Kent of Gravesend Kent widow of the fifth part, William Green of Folkestone Kent Commission Agent (hereinafter called William Green the younger) of the sixth part, Augustus Vyse of 125 Oxford Street Middlesex Milliner and Hat Manufacturer and Emily his wife of the seventh part, and Samuel Stenton Markham of Kinston Surrey Surveyor and Louisa Jane his wife of the eighth part, Jane Woolley of Gravesend spinster of the ninth part and The Reverend Henry Green of Knutsford Chester Minister of the Gospel of the tenth part.

Whereas Samuel Jones late of the Parish of Thurnham Kent yeoman deceased duly made signed and published his last will and testament in writing dated 24 May 1807 which will contained amongst other devises and bequests the following that is to say

“I give unto my two nephews Lewis Jones Senior and William Green all those my freehold farms called Great Budds in the Parish of Thurnham computed to contain fifty six or sixty acres and also the Great Field under Wood in the Parish of Haching in the said county containing twenty six acres three quarters and six perches  I also give unto my said two nephews the interest of one thousand pounds stock three per cent consolidated in the Bank of England and likewise my two little houses in Thurnham opposite Warepond equal share and share alike during the term of their natural lives and from and immediately after their or either of their decease I give the before named property to their several children to receive their fathers half part girls as well as boys and their children’s children for ever lawfully begotten”  And the said testator nominated and appointed his three nephews Samuel Jones  Samuel Green and John Green joint executors of that his will

And whereas the said testator died on the 25 April 1808 without having revoked his will or altered the same (save by a codicil not affecting the gift or the appointment of executors hereinbefore respectively set forth) and the said will and codicil were duly proved in the PCC 30 April 1808 by all the said executors   And whereas the said Samuel Jones died in June 1833 and Samuel Green 30 June 1853  And whereas the said John Green duly made and signed his last will and testament in writing dated 3 July 1847 and thereby appointed his wife Ann Green and his son the said Henry Green executrix and executor thereof An whereas the said John Green died on the 11 March 1854 without having revoked or altered his said will on the 23 of the same month the will was duly proved by the said Ann Green and Henry Green in the PCC  And whereas the said Ann Green died 2 July 1859  And whereas the said William Green the nephew of the said testator Samuel Jones deceased hereinafter called William Green the elder (had issue four children and no more) John Green (hereinafter called John Green the younger) the said Jane Kent and William Green the younger and a daughter named Harriet Green.  And whereas the said John Green the younger married Cornelia [Sharp] on  8 June 1835 [at St Mildred Poultry with Saint Mary Colechurch London] and had issue two children and no more namely the said Cornelia Skinner and Matilda Pennel  And whereas the said John Green the younger died on the 1 February 1847 intestate and on the 30 October 1847 letters of administration of his personal estate and effect were granted to the said Cornelia Green by the PCC   And whereas the said Harriet Green married John Thomas Woolley in 18 [blank] and had issue four children and no more namely the said Emily Vyse  Louisa Jane Markham  Jane Woolley and a daughter named Julia Sale who married one Charles Howard and died many years ago without having had any issue And whereas the said Harriett Woolley died on or about the 21 July 1855 intestate and on the 17 March  1866 letters of administration of her personal estate and effects were granted to the said Louisa Jane Markham by the Court of Probate through the Principal Registry  And whereas by an Indenture of Mortgage dated 18 April 1856 made between the said William Green the elder of the first part the said William Green the younger of the second part the said Jane Kent  of the third part and Robert Bell  Edward Stewart Charles H Eaton Ellis and Isaac Nicholson Esquires the then Trustees of the said National Provincial Bank of England of the fourth part  The said William Green the younger and Jane Kent  with the consent of the said William Green the elder did convey and assign unto the said Robert Bell  Edward Stewart  Charles H Eaton Ellis and Isaac Nicholson  their heirs executors administrators and assigns the undivided moiety or equal half part or share or other the parts or shares of the said William Green the younger and Jane Kent of and in all the messuages lands hereditaments and premises devised by the said will of the said Samuel Jones deceased of which the said William Green the younger and Jane Kent or either of them were tenants in tail in remainder under or by virtue of the said will or otherwise howsoever  To hold the same freed and absolutely discharged from the estates tail of the said William Green the younger and Jane Kent respectively and from all estates rights interests and powers to take effect after the determination or in defeasance of such estates tail respectively (but subject to the life estate or interest of the said William Green the elder) unto and to the use of the said Robert Bell  Edward Stewart  Charles H Eaton Ellis and Isaac Nicholson their heirs and assigns  And the said William Green the younger and Jane Kent did assign unto the said Robert Bell  Edward Stewart  Charles H Eaton Ellis and Isaac Nicholson their heirs and assigns  the moiety or half part or share or other the parts or shares of them the said William Green the younger and Jane Kent in the said sum of £1000 three per cent consolidated bank annuities to which they were entitled expectant on the decease of the said William Green the elder then or then late standing in the name of the said Henry Green in the Books of the Governor and Company of the Bank of England  to hold the same (subject to the life estate or interest of the said William Green the Elder) unto the said Robert Bell  Edward Stewart  Charles H Eaton Ellis and Isaac Nicholson their heirs and assigns absolutely with power as the attorneys of the said William Green the younger and Jane Kent Robert Bell  Edward Stewart  Charles H Eaton Ellis and Isaac Nicholson to ask demand sue for recover and receive of and from all and every persons or person liable to pay the same respectively the said moiety or half  part or share of and in the said sum of £1000 3% consolidated bank Annuities and other the moneys and premises thereby assigned and on payment thereof to give sign and execute receipts releases and discharges for the same.  And in the Indenture now in recital was contained a proviso for reconveyance and reassignment to the said William Green the younger his executors administrators or assigns of one moiety of and in the said premises on payment by the said William Green the younger his heirs executors administrators or assigns to the said Society or Co partnership of the said Robert Bell  Edward Stewart  Charles H Eaton Ellis and Isaac Nicholson their heirs and assigns  on account of the said Society of the sum of nine hundred and eighteen pounds or thereabouts then owing to the said Bank from the said William Green the younger together with the interest thereon and also all and every such sum and sums of money as should from time to time be owing from the said William Green the younger his executors administrators or assigns either solely or jointly with others and whether as principal or surety to the said Society or Co partnership whether upon a Banking account or upon any other account or for any other matter or thing whatsoever including interest discount commission and all other Banking charges  And also a proviso for reconveyance and reassignment to the said Jane Kent her heirs executors administrators or assigns of the other moiety of the said hereditaments and premises upon payment by the said Jane Kent her executors administrators or assigns to the said Society or Co partnership or to the said Robert Bell  Edward Stewart  Charles H Eaton Ellis and Isaac Nicholson their heirs and assigns   on account of the said Society or Co partnership of the sum of seven hundred and fifty pounds due upon a certain bond from the said Jane Kent to the said Society together with interest thereon which said sum of seven hundred and fifty pounds was part of the said sum of nine hundred and eighteen pounds then owing by the said William Green the younger as aforesaid   And it was thereby declared that the Indenture now in recital was intended as a security to the said Society or Co partnership as a fluctuating body and should not be affected by any change in the members of the same and that the said security should be in addition and without prejudice to the said Bond   And whereas the said Edward Stewart died on the 20 June 1856 the said Isaac Nicholson  died on the 25 January 1860 and the said Robert Bell died on the 11 June 1866   And whereas at a Court of Directors of the said Society held on the 18 June 1861 It was resolved that the said William James Maxwell Richard Blaney Wade John Oliver Harrison (then John Oliver Hanson the younger) Henry Paull and the Honourable Eliot Thomas Yorke should be and they were thereby appointed Trustees of the said Society and that all the funds and property of the said Society should be conveyed and assured to the said William James  Maxwell Richard Blaney Wade  John Oliver Hanson  Henry Paull and the Honourable Eliot Thomas Yorke together with the said Charles Heaton Ellis  the surviving and continuing Trustee of the said Society  And whereas by an Indenture dated the 27 June 1861 made between the said Charles Heaton Ellis  of the first part The Right Honourable Lord Earnest Augustus Charles Brudeneall Bruce the said Charles Heaton Ellis George Hanbury John Oliver Hanson John Kinston John Minet Laurie William James Maxwell Henry Paull Sir James Sibbald David Scott Richard Blaney Wade and the Honourable Eliot Thomas Yorke (The Directors of the said Society) of the second part the said Charles Heaton Ellis  William James Maxwell  Richard Blaney Wade John Oliver Hanson Henry Paull and The Honourable Eliot Thomas Yorke of the third part and Edward Archer Wilde of the fourth part the said Charles Heaton Ellis at the request of the several persons parties thereto of the second part Did grant convey and release unto the said Edward Archer Wilde and his heirs All and singular the Freehold Manors or Lordships Messuages or Tenements Farms Lands Tithes and hereditaments and parts of shares of freehold Manors or Lordships Messuages Farms Lands Tithes and hereditaments expressly or otherwise vested in him the said Charles Heaton Ellis either absolutely or by way of mortgage  In trust for the National Provincial Bank of England with their appurtenances   To hold all such of the same as were subject to any right or equity of redemption then subsisting in the same unto the said Edward Archer Wilde his heirs to the use of the said Charles Heaton Ellis  William James Maxwell  Richard Blaney Wade John Oliver Hanson Henry Paull and The Honourable Eliot Thomas Yorke  their heirs and assigns in trust for the said Society but subject to such and the like right title and equity of redemption as was then subsisting in the same premises  And the said Charles Heaton Ellis at the like request of the said Directors Did assign unto the said Charles Heaton Ellis  William James Maxwell Richard Blaney Wade  John Oliver Hanson Henry Paull and The Honorable Eliot Thomas York their executors or administrators  All and singular the mortgage and other debts and sums of money bonds and all and singular other the equitable deposits and securities and all other the personal estate and effects then expressly or otherwise  vested in the said Charles Heaton Ellis in trust for the said National Provincial Bank of England to hold the same unto the said Charles Heaton Ellis William James Maxwell Richard Blaney Wade John Oliver Hanson Henry Paull and The Honorable Eliot Thomas Yorke their executors and administrators  And whereas the said William Green the elder died on or about the 21 May 1865  And whereas one moiety of the said sum of one thousand pounds consolidated Bank Annuities was upon the death of the said Lewis Jones the Elder many years ago paid over to the person or persons then entitled or supposed to be entitled thereto  And whereas all legacy duty in respect of the remaining moiety of the said sum of one thousand pounds consolidated bank annuities has long since been paid and satisfied leaving the sum of four hundred and ninety one pounds seven shillings and three pence consolidated bank annuities standing in the name of the said Henry Green and whereas there is now due and owing to the said  National Provincial Bank of England from the said William Green the younger upon security of the therein before recited indenture of mortgage and the said bond much more than the sum hereinafter mentioned as paid to the said William James Maxwell Richard Blaney Wade John Oliver Hanson Henry Paull and The Honorable Eliot Thomas Yorke  And whereas doubts have arisen as to the construction of the herein before recited gift of the last mentioned moiety of the said sum of one thousand pounds consolidated bank annuities in remainder expectant upon the decease of the said William Green the elder and particularly whether such gift in remainder created a joint tenancy or a tenancy in common and also whether the joint tenancy (if any) created by such gift was severed during the lifetime of the said Harriet Woolley  And whereas the said parties hereto of the second third and fourth parts were at first unable to establish the legitimacy of the said John Green the younger but evidence of such legitimacy has since been produced  And whereas the said parties hereto for the purpose of saving expense and avoiding litigation have mutually agreed and determined that the evidence aforesaid shall be accepted as conclusive and that the said Cornelia Green  as administratrix of the personal estate and effects of the said John Green the younger should be absolutely entitled to one equal fourth part of the said sum of four hundred and ninety one pounds seven shillings and three pence consolidated bank annuities to be disposed of by her as part of such personal estate and effects of the said William Green the younger (subject to the said recited mortgage security) to one other equal fourth part of the said sum of four hundred and ninety one pounds seven shillings and three pence consolidated bank annuities the said Jane Kent (subject to the same security) to one other equal fourth part thereof and the said Louisa Jane Markham as administratrix of the personal estate and effects of the said Harriet Woolley deceased to the remaining equal fourth part thereof to be disposed of by her as part of such personal estate and effects  And whereas the said Henry Green has at the request of the said several other persons who are parties hereto sold the said consolidated bank annuities and out of the proceeds thereof has paid the costs charges and expenses of and incidental to such sale and the preparation and execution of these presents and otherwise in relation to the premises  And whereas after the payments aforesaid there remained in the hands of the said Henry Green the sum of four hundred and thirteen pounds fifteen shillings  and seven pence sterling to be equally divided in pursuance of the hereinbefore mentioned arrangement amongst the said Cornelia Green William Green the younger Jane Kent and Louisa Jane Markham  And whereas the said Henry Green has accordingly at the request of the said George William Skinner Cornelia Skinner Charles Pennell and Matilda Pennell paid to the said Cornelia Green the sum of one hundred and three pounds eight shillings and eleven pence being the amount of one equal fourth part of the said sum four hundred and thirteen pounds fifteen shilling and seven pence and has also paid to the said William James Maxwell  Richard Blaney Wade  John Oliver Hanson Henry Paull and The Honorable Elliot Thomas Yorke in partial satisfaction and discharge of the amount owing by the said William Green the younger to the said National Provincial Bank of England upon security of the hereinbefore recited indenture of mortgage and the said bond the sum of two hundred and six pounds and eighteen shillings sterling being the amount of two other equal fourth parts of the said sum of four hundred and thirteen pounds fifteen shilling  and seven pence and the said Henry Green has also (at the request of) the said Augustus Vyse   Emily Vyse Samuel Stenton Markham and Jane Woolley paid to the said Louisa Jane Markham the sum of one hundred and three pounds eight shillings and eleven pence sterling being the remaining equal fourth part of the same sum of four hundred and thirteen pounds fifteen shilling  and seven pence  And whereas the said several persons parties hereto of the first second third fourth fifth sixth seventh eighth and ninth parts are perfectly satisfied with the aforesaid disposition of the said consolidated bank annuities and the proceeds of the sale thereof and with the conduct and proceedings of the said Henry Green in relation thereto and otherwise as executor of the hereinbefore recited will of the said Samuel Jones deceased and have at his request agreed to execute  such release as is hereinafter contained  Now this indenture witnesseth that in pursuance of the said recited agreement and in consideration of the premises  They the said several persons parties hereto of the first second third fourth fifth sixth seventh eight and ninth parts  Do hereby respectively testify and declare their consent to and approbation of all and singular the dealings with and management of the estate and effects of the said Samuel Jones deceased in the consolidated bank annuities the aforesaid disposition of the proceeds thereof and do hereby respectively ratify and confirm the same  And this Indenture further witnesseth that in further pursuance of the said agreement and for the considerations aforesaid They the said several persons parties hereto of the first second third fourth fifth sixth seventh eighth and ninth parts Do and each and every of them doth hereby acquit release and discharge the said Henry Green his heirs executors and administrators estate and effects and the estate and effects of the said Samuel Jones deceased of and from all and all manner of actions suits accounts reckonings balances charges claims and demands whatsoever which  either at law or in equity they the said several persons parties hereto of the first second third fourth fifth sixth and seventh eighth and ninth parts or any of them their or any of their heirs executors administrators or assigns now have or that or hereafter shall or may or otherwise could or might have claim sustain make or demand from upon or against the said Henry Green his heirs executors or administrators estate or effects or the estate or effects of the said Samuel Jones deceased for or on account of the said consolidated bank annuities or the proceeds thereof or any part  or parts thereof respectively  for or on account of the management of the estate of the said Samuel Jones deceased or for or on account of any act deed matter or thing whatsoever in anywise relating thereto or to any of the premises In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first before written

 



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