Will of Samuel Burnham Dudley, land agent, 1880 (proved 1883)

Principal Probate Registry

BE IT KNOWN, that at the date hereunder written, the last Will and Testament with a Codicil thereto of Samuel Burnham Dudley of Winslow in the County of Buckingham Land Agent deceased, who died on the 1st day of November 1882 at Winslow aforesaid was proved and registered at the Principal Registry of the Probate Division of Her Majesty’s High Court of Justice and that the Administration of the personal estate of the said deceased was granted by the aforesaid Court to Louisa Harriet Dudley of Winslow aforesaid Widow the Relict one of the Executors named in the Will she having been first sworn well and faithfully to administer the same. The Reverend Melbourne Russell West Clerk the other Executor named in the said Will having renounced the Probate and Execution of the said Will and Codicil
Dated the 5th day of January 1883

Gross value of Personal Estate £4474.11.4

I Samuel Burnham Dudley of Winslow in the County of Buckingham Land Agent do hereby revoke all former Wills and testamentary dispositions by me made and do declare this to be my last Will and Testament Whereas my family at present consists of my Wife Louisa Harriet Dudley and my only child Mary Louisa Hooper the Wife of William Hope Hooper of Winslow aforesaid Esquire and my said daughter has not at present any issue Now I give and bequeath all my furniture plate plated articles linen  china glass pictures prints musical instruments horses and carriages for domestic use and other household effects whatsoever . . . which shall be in or about . . .  my residence at Winslow . .  . at my decease exclusive of my farming stock to my said dear wife absolutely I also . . . bequeath all my wines liquors and other consumable articles to my . . . wife . . I also . . . bequeath unto my said wife the sum of five hundred pounds to be paid to her within three calendar months next after my decease I give and devise all hereditaments and real estate . . . in the Parishes of Winslow Granborough and Swanbourne in the said County of Buckingham . . . which I am or shall be at my decease possessed of . . . unto to the use of my said wife Louisa Harriet Dudley and the Reverend Melbourne Russell West Vicar of Ellenhall in the County of Warwick and their heirs upon and for the trusts and purposes following that is to say In trust for my said wife Louisa Harriet Dudley during her life without impeachment of waste and so that during any subsequent coverture the same shall be for her separate use independent of any husband she may have with remainder in Trust for my said daughter Mary Louisa Hooper and her assigns during her  life without impeachment of waste . . . with remainder in Trust for . . . any . . . of the children of the said  Mary Louisa Hooper in such . . . proportions for such estates and interests . . . in such manner as . . . Mary Louisa Hooper . . . shall by any . . .  deed . . . or by her last Will or any testamentary instrument direct and in default . . . In trust for all the children of the said Mary Louisa

[p.3] Hooper . . . as tenants in common in tail with cross remainders between them . . . with remainder ... as ... Mary Louisa Hooper ... shall direct ... and in default ... In trust for the survivor of them the said Louisa Harriet Dudley and Mary Louisa Hooper in fee Provided nevertheless and I hereby empower the said Mary Louisa Hooper by her last Will or any testamentary instrument . . . to appoint the said devised hereditaments ... without prejudice to my said wife’s life estate . . . to any husband whom my said daughter shall leave surviving her for his life . . . and my Will is that if at the decease of the survivor of myself and my said wife . . .  my said daughter shall be living free from coverture and shall not have any issue living . . . then in such case I empower my said daughter . . . by any deed . . . to limit and appoint . . .  any of the said devised hereditaments In trust for herself or any . . . persons for such estates . . . generally in such manner as she shall think fit freed and discharged from the several trusts hereinbefore contained for the benefit of her children . . . I hereby declare that my said wife Louisa Harriet Dudley and the Reverend Melbourne Russell West or the survivor of them . . . shall have power . . . with such consent or at such discretion as in that behalf hereinafter mentioned and without resort to the Chancery Division of the High Court to grant any such . . . leases . . .  of . . .  any of the hereditaments . . . being held upon trusts of this my Will as the said Chancery Division by virtue of the Settled Estates Act 1877 . . .

[a lengthy section follows where the trustees are empowered to lease over or sell the hereditaments without need to resort to the Chancery Division under the Settled Estates Act of 1877. Money arising from such transactions was to be reinvested in the purchase of further land with resultant income to be used to discharge mortgages or other encumbrances. Alternative options for Trustee investments are listed and include parliamentary stock or public funds of Great Britain. The East India Company, the Bank of England and English and Welsh Railway and Canal companies are mentioned with suggestions of debentures, stocks and bonds as potential investment sources. Leasing, sale and exchange of hereditaments are stipulated to only be conducted with the consent of his wife during her life and after her death, during her lifetime with the consent of his daughter]

[p.6] I give and bequeath to my said daughter Mary Louisa Hooper the sum of five hundred pounds for her separate use and benefit independent of . . . any husband I also give and bequeath to  the Reverend Melbourne Russell West hereinafter also appointed one of the  executors the sum of one hundred pound for his trouble with the trusteeship and executorship of this my Will provided he will accept the same and prove this my Will  I give and bequeath personal estate not hereinbefore specifically bequeathed which I am or shall at my decease be possessed or entitled to . . . unto and to the use of my said wife Louisa Harriet Dudley and the said Melbourne Russell West their executors and administrators Upon trust . . . as soon as conveniently maybe after my decease to sell call in and convert into money all my residual personal estate but as to reversionary property if any not until the same shall have fallen into possession . . . And upon trust that my said trustees . . . shall apply the moneys to arise from the sale . . . towards the discharge of all mortgages and other incumbrances . . . and do and shall . . . apply the interest and income thereof and of the unconverted parts . . .  of my residuary personal estate as from the day of my decease in . . . keeping down . . .  the interest and annual charge of such mortgage and incumbrances . . . And lastly and upon trust that my said trustees . . . shall stand possessed of the surplus if any when answering the

[p.7] trusts aforesaid shall remain of the moneys to arise from the sale . . . I hereby declare that my said wife during her life and after her decease thenceforth my said daughter during her life shall have power to appoint . . . [new trustees to replace any trustee who dies, becomes unable or unwilling to act, provided the number does not exceed three trustees with replacements being regarded as fully empowered as the original ones]

And I hereby give and devise all hereditaments which at my decease I shall be solely seized or possessed of . . . as trustee or mortgagee unto and to the use of the said William Hope Hooper his heirs executors and administrators Upon the trust and subject to the equities of redemption affecting the same respectively at my decease And lastly I hereby appoint my said wife Louisa Harriet Dudley and the Reverend Melbourne Russell West Executors to this my Will In Witness whereof I the above named Samuel Burnham Dudley have to this my last Will and Testament contained in nine sheets of paper set my hand this thirtieth day of January in the year of our Lord one thousand eight hundred and eighty
Saml. B Dudley [signature]

Signed and acknowledged by the said Samuel Burnham Dudley as and for his last Will and Testament in the presence of us both present at the same time who in his presence and the presence of each other have hereunto subscribed our names as Witnesses W. Tindal Perkins Solr. 9 Grays Inn Square George Weston 9 Grays Inn Sqre Solicitor

I Samuel Burnham Dudley of Winslow in the County of Buckingham Land Agent hereby declare this to be a Codicil to my last Will dated the thirtieth day of January in the year of our Lord one thousand eight hundred and eighty I revoke the legacy to my daughter Mary Louisa Hooper of five hundred pounds given and bequeathed by my said Will And in all other respects I hereby confirm my said Will  In Witness whereof I the above named Samuel Burnham Dudley have hereunto set my hand this fourteenth day of November in the year of our Lord one thousand eight hundred and eighty one Saml. B Dudley [signature] Signed and acknowledged by the said Samuel Burnham Dudley as and for a Codicil to his last Will and Testament in the presence of us both present at the same time who in his presence and the presence of each other have hereunto subscribed our names as Witnesses W. Tindal Perkins Solr. 9 Grays Inn Square London W. Fitzjohn Johnson his Clerk

On the 5th day of Jany 1883 Probate of this Will with a Codicil thereto was granted to Louisa Harriet Dudley Widow one of the Executors


Notes

Samuel Burnham Dudley (1810-82) was descended from two of Winslow's most prominent families. The Dudleys, including Samuel's grandfather John Dudley (d.1808), were drapers at 15 Market Square who branched out into other businesses. S.B. Dudley's father Samuel Greaves Dudley (d.1856) became a land agent and auctioneer, and father and son worked together. The firm of Dudley & Son established a fortnightly livestock market in Sheep Street next to the Nag's Head which continued until 1881. Samuel Burnham Dudley's mother was Sarah Burnham, daughter of the wealthy Winslow lawyer James Burnham senior.

S.B. Dudley got married in 1849 to Louisa Harriet Wilson (d.1902), granddaughter of George West who owned the tannery in Greyhound Lane; Rev. Melbourne Russell West the executor was her cousin. They lived at 5 Horn Street, which was then known as The Limes. One of Samuel's jobs as land agent was to collect manorial payments for the Selby-Lowndes estate and this led to a major row in The Bell with Henry Monk of Tuckey Farm who accused him of keeping the money and "robbing everybody". Samuel prosecuted for libel and won his case, but the damages awarded showed where the jury's sympathies really were: one farthing. After Samuel died it emerged that much of his extensive property (500 acres and a number of houses) was mortgaged and it was all sold in 1883 by his former employee George Wigley. In the same year his only child, Louisa Mary Hooper, became the first Winslow woman to get a divorce.

Copyright 12 August, 2020