The Will of James Stamford Caldwell (1787-1858)
of Linley Wood, Talke, Staffordshire, England.
On the 16th day of April 1860 the Will with two Codicils thereto (the first Codicil being contained in Paper writings marked B & Z) of James Stamford Caldwell. Late of Linley Wood in the Parish of Audley in the County of Stafford Esquire. Deceased, who died on the 17th day of November 1858. At Linley Wood aforesaid. Was proved in the Principal Registry of Her Majesty's Court of Probate, by the Oaths of
Eliza Louisa Marsh-Caldwell heretofore Marsh, Georgina (in the Will written Georgiana) Amelia Marsh-Caldwell heretofore Marsh and Rosamond Jane Marsh-Caldwell heretofore Marsh, all of 9 Loundes Street, Belgrave Square in the County of Middlesex, spinsters, the nieces, the executrixes
they having been first sworn duly to administer. The Right Honorable Sir Cresswell Cresswell Knight the Judge of the said Court having pronounced for the force and validity of the said Will and Codicils
Effects under 18,000 pounds.
This is the last Will and Testament of me, James Stamford Caldwell of Linley Wood. I appoint
Henry Allen Wedgwood Esq. Barrister at Law, Frederick Wright Tomlinson Esq late of Cliff-Vill Stoke-upon-Trent and Charles Buxton Esq. husband of my niece Emily Mary Buxton late Holland Trustees under this my will. And I give and bequeath to such before named Trustees all landed and real property of which I may be possessed in trust to pay over all rents and profits arising out of such real property to sole use of my Sister Anne Marsh for and during the term of her natural life or so long as she shall be and remain unmarried. And in the event of her death or Marriage then to and for the sole use of such of her daughters children of the late Arthur Cuthbert Marsh as may be unmarried at the time of the death or marriage of the said Anne Marsh in order of succession according to age for the terms of the natural life of each daughters respectively or so long as each daughters shall be and remain unmarried respectively.
And in the event of the death or marriage of such daughters of Anne Marsh then to and for the use of the eldest or second son of my niece Adelaide Mary Loring wife of the Reverend Henry Loring for the term his natural life and in the event of his death to & for the use of the second son of the said Adelaide Mary Loring for the term of his natural
life and in the event of his death then to and for the use of the eldest son of my niece Emily Mary Buxton or such other son of my said last mentioned niece as may be willing to comply with and do comply with the conditions and directions of this my will expressly and then to and for sole use of the heirs male of my said niece Emily Mary Buxton for ever Provided always And I strictly enjoin, direct and charge that my Sister Anne Marsh and each and every person who may under this my will become entitled to the rents and profits of my Linley Wood Estate and other real property by this will bequeathed shall and be so soon as can conveniently be done but at all events within the space of twelve months after becoming entitled to the use and enjoyment of Linley Wood and my other real property uses devised take assume and bear the name of Caldwell as principal surname for ever. And in case of the nonperformance of such express conditions as to taking bearing and using the name of Caldwell or having assumed shall at any time afterwards discontinue to use and bear the said Surname of Caldwell then I hereby expressly will and declare that such person so failing to take and bear and use or discontinuing to take bear and use the name of Caldwell shall and is utterly precluded from the use or enjoyment of any beneficial interest whatsoever under my will. And I give and bequeath any property in or near the town of Derby of which I may be possessed to my nephew William Caldwell Roscoe for the term of his natural life and in the event of his death such property is to revert to and become and be the property of the person for the time being entitled to the possession of Linley Wood under the conditions and directions of my will.
And I further charge such Derby property with an annuity of one hundred and fifty pounds for the life of any male child born in lawful wedlock which the said William Caldwell Roscoe my nephew may leave at his death. Should he however have more than one male child then such annuity is to be payable in succession according to seniority of age to one son of the said William Caldwell Roscoe only so that the whole charge upon the property shall amount only to the sum of one hundred and fifty pounds a year and never to exceed such sum in any case. It is my emphatic request and desire that my Sister Anne Marsh will make Linley Wood her principal residence. The house and grounds of Linley Wood are on no account to be let to any one for however short a term. Anne Marsh is the last after myself of the old Linley Wood family and I confidently trust in her honor and good faith for the strict fulfilment of my wishes in all respects. And as to and concerning all my personal estate and effects except such as I have directed to go and be considered as heir looms as aforesaid consisting of 395 Preference Shares in the North Staffordshire Railway Company and other shares stock or securities in Public Companies or in the funds or in my Bankers hands, mortgages bonds bills notes ready money houses carriages household goods and furniture and other goods chattels and effects of which I may be possessed at my decease. I will & direct that my executors hereinafter named in conjunction with the trustees appointed by or acting in the trusts of this my will be and shall as soon as conveniently may be after my decease levy and raise by and out of my said personal estate and those portions thereof in particular which shall be least eligible for permanent investment &ldots;
The capital sum or fund of one thousand pounds in order thereout as may be useful to pay and discharge all my just debts, my funeral expenses the costs of proving this my will the several legacies hereinafter by me bequeathed or which I shall leave or bequeath by any codicil hereto also the costs and charges of obtaining for the possession of my Linley Wood Estate Her Majestys licence for using my name and arms as I have hereinbefore directed. Also I will and desire that a further capital sum or fund of ____ shall be in like manner levied and raised and the more eligible and substantial portions of my said personal estate amounting to that sum in the whole shall be transferred to and continue in the hands of my said trustees for the purpose of being laid out and applied by them when and as opportunity shall from time to time arise in the purchase of lands of inheritance freehold or copyhold in the Counties of Stafford & Cheshire or
either of those counties and as near to my other landed estates there as any such purchase or purchases can be effected. And when any such purchase or purchases can be made and effected I direct my said trustees to raise or procure the land and hereditaments which shall be so purchased to be conveyed or surrendered and settled to such uses upon such trusts and for such estates and interests and with under and subject to such process and provisoes as are hereinbefore limited related and expressed of and concerning my said real estates hereby devised or as was thereto and that deaths of parties and other circumstances will persist. And in the meantime and until the last mentioned capital sum fund of £6000 shall be laid out and wholly applied in such purchase or purchases as aforesaid I authorise and direct my said trustees to pay and apply the interest dividends and income arising there from half yearly unto and for the benefit of such person or persons as would for the time being be entitled to the rents and profits of the lands purchased therewith in case any purchase of lands has been actually made and the same has been conveyed or surrendered and settled as I have hereinbefore directed. And as to the residue or surplus of my aforesaid personal estate which shall remain over and above the two several sums of £ ____ and £____ (Blank in Original) directed to be levied and raised thereout for the purposes hereinbefore mentioned. I give and bequeath the same unto the person who under the provisions of this my will shall upon my decease become equitable devisee or cestui que trust of my said Linley Wood Estate
(A blank consisting of one entire sheet and part of another here occurs in the Original)
..and the heirs of his body in tail male. And in default of such issue In trust for the first son of the said Francis James Holland and the heirs of his body in tail male. And in default of such issue In trust for the eldest Grandson or older male descendent (then living) of my said late sister Margaret Emma Holland who shall be willing to take and bear the name of Caldwell and to heirs and assigns for ever. And if there be no such person then In trust for the eldest Granddaughter or other female descendent then living of the said Margaret Emma Holland who (and if married whose husband) shall be willing to take and bear the name of Caldwell and to her heirs and assigns for ever. And if there be no such person then In trust for the eldest Grandson or other male descendent (then living) of the said ____ (portion cut out of original will here, probably Martin Marsh who died 1846) Marsh who shall be willing to take and bear the name of Caldwell and to his heirs and assigns for ever. And if there be no such person then In trust for the eldest Granddaughter or other female descendent (then living) of the said Anne Marsh who (and if married whose husband) shall be willing to take and bear the name of Caldwell and to her heirs and assigns for ever. Provided always that in case any person to whom an estate for life is hereby given in my said mortgages lands hereditaments and real estates or any part thereof shall at any time or times assign charge or encumber the said hereditaments or the rents issues and profits there of or in the case the same or any part thereof shall by reason of Bankruptcy or Insolvency or by any other means become vested in or payable to any person or persons whomsoever other than such tenant for life Then and in any of such cases and as often as the same shall happen the trusts hereinbefore declared for the benefit of such tenant for life shall cease and determine. And I direct that the said hereditaments shall immediately thereafter and during the life of such last mentioned party be held In trust for the person or persons for the time being entitled in remainder by virtue of such of the ulterior limitations as shall have actually become vested and taken effect. And I do hereby require and enjoin every person who for the time being shall be entitled to an estate for life in tail or in fee in possession of the said messuage called Linley Wood and the hereditaments devised therewith and also the husband of any such
tenant for life in tail or in fee shall be a female under reverture forthwith to apply for and obtain a Royal License authorizing him ____ (blank space, portion cut out of original will here) to use the surname of Caldwell either alone or in addition to his or her own surname (but so nevertheless that the name of Caldwell shall be the last and principal name) and theretofore to assume and use such surname accordingly. And in case every such tenant for life or tenant in tail or the husband of any such tenant for life (as the case may be) shall neglect or fail to take such surname as aforesaid for the space of twelve calendar months after he or she or his wife shall become entitled in possession as aforesaid or if he or she shall be then under the age of twenty one years or otherwise personally incompetent to comply therewith then within twelve calendar months after the removal of such incompetency or having assumed the name of Caldwell shall at any time discontinue the use of such name then and in either of the said cases and immediately thereupon the estate for life or estate in tail of each such person or his wife or his or her ancestor as the case may be. And all trusts in favor or the children or issue of any such tenant for life shall absolutely cease and determine and the remainder and remainders expectant thereon shall be accelerated yet so nevertheless that if the person who or whose husband shall be guilty of such neglect and failure or discontinuance as aforesaid shall be a tenant for life and the remainder expectant on his or her estate and the estates of his or her children or other issue shall be contingent then I will and direct that my said trustees or trustee to and shall during the life of such tenant for life stand seized of and interested in the said hereditaments In trust for the person for the time being entitled in remainder by virtue of such of the ulterior limitations as shall have actually become vested and taken effect. And I do hereby solemnly request and enjoin (but not so as to create a trust or condition every person who shall by virtue of the limitations therein contained become a tenant for life in tail or in fee of my said mansion house called Linley Wood to reside at my said mansion house so far as health and other important circumstances will permit. And I leave it so the honor good feeling and trust of right of my several devises to comply with this request and hereby to fulfil my earnest wish and the wish and desire of my late father by whom the said mansion house was devised to me by whom the estate had been made added to and improved. And I do hereby expressly declare that it shall not be lawful for any person who shall be a tenant for life or tenant in tail of my said mansion house called Linley Wood and the other hereditaments devised therewith use for any such Trustees or Trustee (except during the minority of any tenant for life or tenant in tail in possession) to demise lease or let either from year to year or for any term of years my said mansion house or the outbuildings woods gardens and pleasure grounds occupied therewith or the farm now in my own occupation called the Home Farm or any part thereof respectively nor to devise or lease any other of the messuages lands mines and hereditaments hereby devised for any longer period than from year to year Provided always And I so hereby declare that it shall be lawful for any tenant for life or in tail or for any said trustees or trustee during the minority of any such tenant for life or in tail to work and get or to demise from year to year any mines or minerals under my said lands and hereditaments but so as not to damage or injure my said mansion house called Linley Wood or to interfere with the use and enjoyment thereof as a resident and so that all engines sheds and buildings shall be erected in such situations only as my said trustees or trustee shall think necessary and unobjectionable Provided also And I do hereby authorise and empower my said trustees or trustee from time to time to cut down such timber or other trees as they or he shall think necessary but so that all timber of an Ornamental character shall be preserved as far as possible. I give and bequeath unto the said trustees (The word in Red Ink and in pencil in the Original Will followed by a Blank) All and singular the articles of silver plate pictures engravings books and household furniture
&ldots;in and about my said mansion house Upon trust to sell and dispose of such of my said books and such portions of my household furniture as my said trustees or trustee shall find it undesirable to retain but so nevertheless that such power of sale shall not extend to the following books namely Three Sets of College Prize Books, A Homer's Iliad a Journal and a Smith's Wealth of Nations and a fine edition of Holbeins Heads as well as all the pictures in Oil and Water Color a Sofa now in the Breakfast Room, a round table and a Sofa Table also two round Card tables and the large Glass over the Chimney Piece in the Drawing Room such last mentioned tables are in the Drawing Room. Every Article of Books, pictures and furniture to be strictly heir looms and to apply the proceeds thereof in the purchase of other books and furniture. And upon trust to permit and suffer the books and articles so purchased and the residue of the plate pictures engravings books and other articles and things hereby bequeathed to be held and enjoyed as heir looms by the persons for the time being entitled to take possession of my said mansion house as far as the rules of Law and Equity will permit after so nevertheless that no tenant in tail of my said mansion house shall become absolutely entitled to the said plate pictures engravings books and furniture until he shall attain the age of twenty one years. And I direct any said trustees to take a Schedule or Inventory to be made of the said plate pictures engravings books and furniture and signed by the person for the time being entitled to the use and enjoyment thereof I give and bequeath all my moneys securities for money and all other my personal ESTATE and EFFECTS not hereinafter specifically bequeathed into the said executrixes here-inafter named ____ (The words in Red Ink are in pencil in Original Will followed by a Blank) Upon the trusts following that is to say Upon trust to sell collect and get in the same and after payments and satisfaction of my debts funeral and testamentary expenses Upon trust to pay the for several Legacies mentioned in my Schedule or Schedules signed my me And upon further trust to set apart the sum of ____ (Blank in Original) and to invest the same in their or his names or name in the purchase of three pounds per cent Consolidated Bank Annuities and from time to time to sell and dispose of part of the said trust funds and to apply the proceeds thereof as often as occasion shall require in defraying the expenses to be incurred by any tenant for life of tenant in tail under this my will on taking the name of Caldwell pursuant to the proviso in that behalf hereinafter contained and subject thereto Upon and for the trusts intents and purposes hereinafter declared And as to the residue of the moneys to arise and be produced from my said residuary personal estate Upon trust to lay out and invest the same in the purchase of freehold or copyhold lands or other hereditaments held for an estate of inheritance in fee contiguous or as near as circumstances will permit to my present Staffordshire or Cheshire Estates And I direct that the Hereditaments so to be purchased as aforesaid shall be conveyed and assured to the trustees for the time being of this my will Upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations hereinbefore expressed concerning my said mansion house called Linley Wood and the hereditaments devised therewith or such of the same trusts intents and purposes as shall be then subsisting and capable of taking effect And in the meantime until the said trust moneys shall be so laid out the same shall be invested by my said trustees for the time being in Government or Real securities in England or Wales (with power for my said trustees to alter vary and transpose such securities from time to time as they or he may think proper) And I direct and declare that the dividends and annual product arising from the said funds and securities and from the funds in which the said sum of ____ (Blank in the Original Here) shall be invested shall go and be applied in the same manner in all aspects as the rents and profits of the hereditaments to be purchased with the said trust moneys would have gone and been applicable if the same had been actually purchased pursuant to the trusts aforesaid And I do hereby further declare that the receipts of the trustees or trustee for the time being acting in the execution of this my will shall be good and sufficient discharges for all or any of the moneys which they or he shall from time to time receive under the trusts herein contained
..whether the same shall arise from altering or transforming any of the stocks funds or securities to be acquired under the trust's aforesaid or otherwise howsoever and the person or persons paying or transferring all or any of the said moneys stocks funds or securities shall not be bound to see to the applications thereof or be accountable for the loss misapplication of or nonapplication of the same or any part thereof Provided always And it is my will that in case the said before mentioned trustees ____ (Blank in Original Will) or any of them shall renounce the trusts and execution of this my will or in case they or any of them or any trustee or trustees to be appointed under this my present provision shall die or become unable or unwilling to act in the trusts of this my will before the same shall be fully executed and performed then and in such case and as often as the same shall happen it shall be lawful for my Nephew Henry Thurston Holland (eldest son of my said late Sister Margaret Emma Holland) Sir Edward North Buxton Baronet, Francis Wedgewood of Ballaston in the said County of Stafford Esquire ____ (Blank in the Original Will) or such of them as shall be then living and shall be willing to exercise with this present power in conjunction with the surviving or continuing trustees or trustee for the time being under this my will or if there be no such persons or person or being such they or he shall decline to exercise the power hereby given then for the retiring trustees or trustee or if there be no such last mentioned trustee then for the tenant for life or tenant in tail in possession for the time being of my said mansion house and the hereditaments devised herewith to appoint any fit person or persons to supply the place or places of the trustee or trustees so dying or becoming unable or unwilling to act as aforesaid (it being my express desire that there shall never be less than three trustees of this my will) And that immediately after every such appointment the said trust estate and effects stocks funds and securities shall be conveyed assigned and transferred at the cost and expense of my trust estate in such manner that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or in such new trustees solely as the case my require Subject to the trusts aforesaid And such new trustee or trustee s shall have and may exercise as well before as after such conveyance and transfer as aforesaid all the powers and authorities whatsoever hereinbefore contained in the same manner to all interests and purposes as if he or they had been appointed a trustee or trustees by this my will Provided also And I hereby further declare that all and over the trustees named in or to be appointed under this my will or who shall act in the execution of any of the trusts thereof and that several and respective new executors and administrators shall be charged and chargeable respectively for such moneys only as they respectively shall actually serve by virtue of the trusts hereby in them reposed notwithstanding their or any or every of them giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity And any one or more of them shall not be answerable or accountable for the others or other of them or for involuntary losses And also that it shall and my be lawful for them and every of them with and out of the moneys which shall come to their respective hands by virtue of the trusts herein contained to retain and to reimburse themselves respectively and also to allow to their respective Cotrustees or Cotrustee all costs charges damages and expenses which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereunto And lastly I do hereby nominate and appoint the said my Nieces Eliza Louisa Marsh, Georgiana Amelia Marsh and Rosamond Jane Marsh Executrixes to be Executors of this my last will and testament And I do hereby revoke all former and other wills and codicils by me at any time heretofore made and declare this to be my last will and testament On witness whereof I the said James Stamford Caldwell hereunto sign my name this twenty second day day of March in the year of our Lord one thousand eight hundred and fifty six. (22nd March 1856)
Signed by the said James Stamford Caldwell in the presence both of us being present at the same time who in his presence at his request and in the presence of each other hereunto subscribe our names as witness
J. Stamford Caldwell
F. Brindlay Servant to J. Stamford Caldwell
J. Bossons Servant to J. Stamford Caldwell
aforesaid trusts or in relation thereto And I do hereby nominate and appoint my Nieces Eliza Louisa Marsh and Georgiana Amelia Marsh Executrixes of this my will And I revoke all former wills made by me and all Codicils thereto especially any and all directions and appointments of Protector or Protectors of my will In witness whereof and of this being my last will and testament I sign my name this nineteenth day of May in the year of our Lord one thousand eight hundred and fifty six (19th May 1856).
Signed by James Stamford Caldwell in our presence each of us being present at the same time in his presence and we in his presence and at his request and in the presence of each other do sign our names as witnesses
J. Stamford Caldwell
Frances Brindlay, Servant at Linley Wood
James Bossonas, Servant at Linley Wood
This is a Codicil to my Will
Schedule of Legacies given and bequeathed by me Mr James Stamford Caldwell. This list is not to be considered as cumulative and in addition to any Legacy or Legacies before given by me which former Legacies I hereby expressly revoke and I also hereby expressly revoke any appointments of protectors of my will which may be named in any will or codecil heretofore executed by me and all and every Legacies or Legacy given to such persons the estate is too small to make this necessary I give to each of my trustees who may act under my will and any codicil thereto the sum of one hundred guineas free of Legacy duty and I give to each of my three Nephews Sons of my late Sister Hannah Eliza Roscoe and to each of my nieces daughters of my Sister Anne Marsh fifteen preference shares in the North Staffordshire Railway and Canal concern and I give to my housekeeper Mary Beardmore five shares in the said North Staffordshire and Canal concern And I give to my six household Servants at Linley Wood the sum of one hundred pounds to be distributed in such proportions as my trustees and executors may think under all the circumstances most reasonable but I expressly direct that my Housekeeper Mary Beardmore is to have her proper share independently of any other Legacy bequeathed to her by me. And I give to my said Housekeeper all my wearing apparel of whatsoever description but she is to give to each of my personal attendants James Bosson and Francis Brindley a good coat two waistcoats and two pairs of trousers and boots. And I give to my Gardener Edward Whitney the sum of ten pounds and to my farm servants Henry Gidman and his wife the sum of ten pounds and I declare that all such before mentioned legacies are to be paid entirely free of Legacy duty which is to be paid out of my personal estate. Also I give to Elizabeth Machin the daughter of my farm Bailiff Samuel Beardmore to and for the use of the said Samuel Beardmore the sum of twenty pounds also free of legacy duty. And I give to the Trustees of the North Staffordshire Infirmary to and for the use of such Infirmary four preference Shares in the North Staffordshire Railway and Canal concern And I give to such Asylum or Institution for the relief and education of the blind as my trustees may think most eligible the sum of fifty pounds. I desire emphatically that my poor horses and dogs may be most carefully attended to and they are not to be sold - not any of them.
(Blank in the Original Codicil)
..my funeral is to be quite private and free from ostentation and expense. I hope my friend Mr. Charles Philip Wilbraham of Audley Vicarage will perform the ceremony and accept of Twenty Guineas which I now bequeath to him. I revoke all disertions as to a protector or protectors of my estates not considering it necessary having full confidence in those who are to come after me. My plate pictures engravings and library books are to be always considered as to be used and enjoyed by each of such persons as shall for the time being under the directions of
my will be entitled to the occupation of Linley Wood subject however to a power hereby granted by me to my trustees, executors or executrixes to alter from time to time and sell or exchange such books or pieces of furniture as may to them seem desirable always excepted the books and pieces of furniture declared by my will to be heir-looms and I declare & will that a handsome library of books shall be always kept up at Linley Wood out of those which I leave or others which may be bought or exchanged in the place of any such books. I give to Eliza Louisa Marsh my gold repeating watch with my thanks for her esteemed Letters to me so often and I except from the revocations of my former will or codicil thereto all mention of a Cottage and Garden to my Housekeeper Mary Beardmore which is have full force and effect. I give my other gold watch (the repeater is already bequeathed) to Captain Richard Henry Crofton husband of my niece Fanny Mary Marsh with my kind regards and I give my gold pencil case with family notices upon it to my niece Eliza Louise Marsh also with my kind regards & with my best thanks for her kindness in so agreeably corresponding with me and I appoint her Eliza Louisa Marsh, Georgina Amelia Marsh and Rosamond Jane Marsh my three nieces Executrixes of my will and I bequeath to each of them four Shares in the North Staffordshire Railway concern or the sum of fifty pounds each but I recommend them strongly to take the Preference Shares they ought to be worth much more and I earnestly request that dear old Linley Wood may be well and hospitably kept up and my servants legacies immediately paid and my poor horses and dogs carefully attended to. Linley Wood is never to be Let and I request residence there by the person who may from time to time become entitled to it as much as can possibly without great inconvenience be done. In witness of this being a codicil to my will I sign my name this nineteenth day of June in the year of our Lord eighteen hundred and fifty six (19th June 1856).
Signed by J. Stamford Caldwell in our presence each of us being present at the same time in his presence. Witness our hands.
J. Stamford Caldwell
Francis Brindley Servant at Linley Wood
James Bossons Servant at Linley Wood
Extract from Codicil dated the 13th day of February 1855 revised by the Codicil marked B-----
And I hereby bequeath to my Housekeeper Mary Beardmore who has faithfully & zealously attended me at many times of illness especially upon a late occasion when I had a bad fall in my dressing room late at night All that cottage or small house with the appointments situated at Wood Fields and now in the occupation of a person named Baddeley for the term of her natural life but at her decease or wishing to give up the said property then such property is immediately to go to and become the property of such person as may be at that time possessor of Linley Wood under the conditions and regulations of my will or any Codicil thereto. And I further direct & will that a more moderate sized Garden is to be allotted to such premises at the back of the present two houses.
This is a Codicil to my will and I desire that the directions contained in it may be most carefully complied with there are some blanks purposely left which are to be filled up at the reasonable discretion of the trustees and Executors or Executrixes named in my will or any Codicil thereto. This is a Codicil to the will of me James Stamford Caldwell of Linley Wood Barrister at Law - I give to the Gentlemen whom I have before..
..appointed trustees of under my will the sum of two hundred pounds each free of Legacy Duty. I feel much obliged to them for undertaking the trust and I have no doubt whatever that they will use their best endeavors to carry out the directions of my will and every Codicil thereto in the best and wisest manner. And I give to each & every person who may be appointed Executors or Executrixes of my will the sum of one hundred pounds free of Legacy Duty. And I give to my housekeeper Mary Beardmore one clear annuity of ____ (Blank in Original) pounds for the term of her natural life. And I give to the household servants living with me at the time of my death the sum of ____ (Blank in Original) to be apportioned by my personal representatives according to length of service or as they may think best but my before named housekeeper is to have her own share of this bequest and I give to my Gardener Thomas Whitney the sum of ____ pounds (Blank in Original) and to my two farm servants Henry & Anne Godman the sum of ____ (Blank in Original) pounds and I declare that all such Servants Legacies are to be paid to them free of Legacy Duty and within six months after my decease. And I give to the North Staffordshire Infirmary at Etruria the sum of Ninety pounds. And I give to the Society for the Suppression of Cruelty to Animals the sum of Sixty Pounds and I give to my Niece Francis Mary Crofton And I give and (Original so) to each of my three nephews the youngest sons of my late Sister Hannah Eliza Roscoe ____ (Blank in Original) Preference Shares in the North Staffordshire Canal and Railway concern And I give to my niece Francis Mary Crofton ____ (Blank in Original) Preference shares in the last mentioned Concern and to my Niece Adelaide Loring and her children after her death ____ (Blank in Original) of the said Preference Shares and to each of my other four nieces daughters of my sister Anne Marsh ____ (Blank in Original) of the said Preference Shares and those bequests are to be paid to each and every such person free of Legacy duty. The gold pencil case composed of the produce of several mourning rings the names formerly on which will be found on the pencil case also my gold headed cane are to be heir looms and be the property of whoever may for the time being under my will be the Proprietor of Linley Wood and the same as to all the plate including a valuable epergne and some large waiters and salvers which have inscriptions on them as well as upon the epergue in fact all the plate of every description as well as my college prize books the Holbein Prints and all the pictures and good engravings and also the Chimney Glass, round table, sofa, table and small oval table and card tables in the Drawing Room & front hall also a large table in that hall are to be heir looms together with a handsome collection of good useful books. But my college. (Original so) And I will and direct that the person who for the time being shall be under the dispositions of my will possessed of Linley Wood shall have and enjoy the interest of such personal property as I may be possessed of after payment of all legacies annuities or other charges herein bequeathed and after payment of the sum of eight thousand pounds which sum I hereby direct and positively will and order is to be laid out in landed property, that is real freehold or copyhold which is to be done as soon as ever is practicable such property to be settled expressly and to follow the directions as to any Landed and real property devised by my Last will ____ ( Blank in Original) I hereby most positively declare that no no Roscoe shall ever have Linley Wood and my estates in Staffordshire and Cheshire and if any devise under my will attempt to alter the arrangements of my will in favor of that family I hereby declare that such persons or person and his, her or their family shall utterly forfeit lose and be deprived of any benefit whatsoever under my will or any Codicil thereto. I desire and direct that one Share in the South Western Railway concern be purchased for my housekeeper Mary Beardmore at the current price of the day but she is to only be charged eighty six pounds £86 for such share. I had fully intended to invest money due to her for wages when the Shares were very low but unexpectedly I had an opportunity of which I availed myself to buy some Law Life Assurance Shares and the then chance of buying low in South Western was lost but she Mary Beardmore is not to be the sufferer by my error ____ ( Blank in Original). I will and direct that Linley Wood with it appointments and all real estate and property
lands houses and shall upon my death go to my Sister Anne Marsh for the term of her natural life or so long as she shall remain unmarried. And in case of her death or marriage then I will and declare that all such real estate in the Counties of Stafford and Cheshire respectively shall go to such Nieces as shall be unmarried at the time of my death so long as such Nieces shall continue unmarried I mean the daughters of my Sister Anne Marsh, and in case of the marriage of any such Nieces then to the survivor who may remain unmarried always under the express condition that my Sister Anne Marsh and such my Nieces above mentioned do within twelve months after my decease assume and bear the name of Caldwell and in case of the death or marriage of such Nieces then I give and bequeath Linley Wood together with all real estate being in the Counties of Stafford & Cheshire respectively to the second son of my Niece Mary ____ ( Blank in Original) Heath wife of Leopold ____ (Blank in Original) Heath of the Royal Navy for the term of his natural life and to his eldest son and in the case of the death of such second son of Mary ____ (Blank in Original) Heath without issue then to the eldest son of my niece Adelaide ____ (Blank in Original) Loring for the term of his natural life and to any son who may be born to him in lawful wedlock for the term of his natural life and in case of the death of such eldest Son of Adelaide ____ (Blank in Original) Loring without male issue then to the second son of my Niece Emily Mary Buxton and to the heirs male of my Niece Emily Mary Buxton for ever but always on the express condition that each and every person who shall come into possession of Linley Wood and my estates in the Counties of Stafford and Cheshire shall within twelve calendar months from the date of such coming into possession assume and bear the name of Caldwell as the surname or last name ____ ( Blank in Original)
In case of anything unexpectedly happening to me I direct that my house keeper Mary Beardmore who has lived with me many years to be seen handsomely and liberally provided for out such personal estate as I may leave at my death and I solemnly charge my trustees and personal representatives strictly to take care that this is effectively done ____ (Blank in Original)
Any male person succeeding to the possession of Linley Wood is to be brought up to some profession. Not to trade of any sort. This is my main injunction and desire to be brought up to some profession, not to a trade.
And in witness of this being a Codicil to my will I sign my name this twenty ninth day of April in the year of our Lord 1858 (29th April 1858)
Signed by James Stamford Caldwell in our presence each of us being present at the same time in his presence Witness our hands
J. Stamford Caldwell
Frances Brindley Servant to J. S. Caldwell
James Bossons Servant to J. S. Caldwell
PROVED in London with two Codicils the last Codicil being contained in paper writings marked B and Z. 16th April 1860 by the oaths of Eliza Louisa Marsh-Caldwell (hereto Marsh) Georgina (in the will written Georgianana) Amelia Marsh-Caldwell (heretofore Marsh) and Rosamund Jane Marsh-Caldwell (heretofore Marsh) Spinsters, the Nieces the Executrixes named in the will and first Codicil to whom A&ldots; was ...
The Right Honorable Sir Cresswell Cresswell Knight the Judge of this Court having pronounced for the force and validity of this said will and Codicils.
The orginal of the above will consists of an assortment of documents which are now in the Staffordshire Record Office (4229/3/1/1-7). A printed version also exists.