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to place it in some bank to be withdrawn whenever an investment is found.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was withdrawn.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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