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Will of Herbert Alfred Hurlstone, ironmonger, 1894
Oxford Probate Registry
BE IT KNOWN that at the date hereunder written the last Will and Testament of Herbert Hurlstone late of Winslow, in the County of Buckingham, Ironmonger, who died on the 4th day of May 1894, at Winslow aforesaid, and who at the time of his death had a fixed place of abode at Winslow aforesaid, within the District of the Counties of Oxford, Berks and Buckingham was proved and registered in the District Probate Registry of Her Majesty’s High Court of Justice at Oxford, and that Administration of the personal estate of the said deceased was granted by the aforesaid Court to Ruth Florence Hurlstone Widow, the Relict of the Deceased, Thomas Price Willis, Solicitor, and Edwin John French, Printer and Stationer, all of Winslow aforesaid the Executors named in the said Will, they having been first sworn well and faithfully to administer the same.
Dated the 22nd day of August 1894.
Gross value of Personal Estate £3,149 – 10 – 7
Net “ “ “ “ £2,011 – 14 - 9
Extracted by Willis & Willis, Solicitors, Winslow.
[p.2]This is the last Will and Testament of me Herbert Alfred Hurlstone of Winslow in the County of Bucks Ironmonger I appoint my Wife Ruth Florence Hurlstone and my friends Thomas Price Willis, of Winslow aforesaid Solicitor and Edwin John French of the same place Printer and Stationer, (all which several persons and other the Trustees or Trustee for the time being of this my Will are whereinafter referred to as “my said Trustees”) to be the Executors and Trustees of this my Will and
I also appoint my said Wife Ruth Florence Hurlstone and the said Edwin John French to be Guardians of my infant Child or children I bequeath to the said Edwin John French the legacy or sum of Five pounds as a small acknowledgement for the care and trouble he will have in carrying out the trusts of this my Will I give all the furniture plate linen china glass books prints pictures fuel consumable stores and other household effects of which I shall die possessed unto my said Wife Ruth Florence Hurlstone absolutely I give devise and bequeath all my property both real and personal not otherwise hereby otherwise disposed of to my said Trustees Upon trust that my said Trustees shall (subject to the directions hereinafter contained with respect to my business) sell call in and convert into money the same or such part thereof as shall not consist of money and shall with and out of the moneys produced by such sale calling in and conversion and with and out of my ready [money] pay my funeral and testamentary expenses and debts the legacy hereinbefore bequeathed and the Legacy or sum of On thousand pounds to my said Wife Ruth Florence Hurlstone for her own use absolutely but so that the proceeds of real Estate shall not be applied in the payment of the said legacies unless the other moneys applicable thereto under this trust shall be insufficient for payment thereof and shall invest the residue of the said moneys with power for my said Trustees from time to time at their discretion to vary such investments And shall stand possessed of the said residuary trust moneys
[p.3] and the investments for the time being representing the same hereinafter called the “residuary trust funds” In trust to pay out of the income arising therefrom the sum of Three shillings per week from the date of my decease to my Mother Caroline Hurlstone during her life free of duty And upon further trust to pay the remainder of the said income or the whole of the said income from and after the decease of my said Mother Caroline Hurlstone to my said Wife Ruth Florence Hurlstone during her Widowhood until my child if only one shall attain the age of Twenty five years or until my children of more than one shall severally and respectively attain that age should my Wife so long continue my Widow And upon my child if only one attaining the age of Twenty five years I direct my Trustees to pay or transfer the whole of the residuary trust funds unto my said child absolutely And if there shall be more than one such child then I direct that each such child shall on attaining the age of Twenty five years be paid an equal share of the said residuary trust funds And I declare that in the event of any child of mine dying leaving issue such issue shall take and if more than one equally between them the share to which his her or their parent would have been entitled if living I also declare that in the event of the decease or second marriage of my said Wife prior to any child or children of mine attaining the age of Twenty five years my said Trustees shall be empowered to apply the income of the share or shares of such child or children in or towards his her or their maintenance education and advancement But if there shall be no child or children who shall live to attain the age of twenty five years or issue of such child or children then I do hereby direct and declare that on the decease or second marriage of my said Wife which shall first happen the said residuary trust funds shall be divided in manner following that is to say To my Brother Charles Thomas Hurlstone One hundred pounds To my Sister Ellen Philpott One hundred pounds To my Step Sister Cordelia Hurlstone One hundred
[p.4] pounds to my Step Brother Thomas William Richmond White Fifty pounds To my Nieces Katie Isobel Hurlstone and Edith Hurlstone Twenty five pounds each To my Step Sister Caroline Smith Fifty pounds To my Assistant George Arthur Midgley Ten pounds ten shillings and any balance then remaining unto my said Wife Ruth Florence Hurlstone if living or if dead as she may by her Will direct But I declare that in the event of the said residuary trust funds proving insufficient to meet the foregoing legacies each such legacy shall be abated rateably and in proportion to the actual amount of the said residuary trust funds And with respect to the business of an Ironmonger now carried on by me at Winslow aforesaid or any other business in which I may be engaged at the time of my decease I direct and empower my said Trustees to continue the same until an opportunity of disposing of the same advantageously shall occur and when such opportunity shall occur I direct my said Trustees to make sale and dispose of the said business and to wind up the affairs thereof and I declare that my said Trustees shall be at liberty so long as they shall continue the business to employ the whole or any part of the capital which shall be employed therein at my decease and also my real estate and such further part of my said residuary personal estate as they shall think proper and with liberty also to employ managers assistants and servants and generally to act in the conduct of the said business as they shall in their absolute discretion think fit without being answerable for any loss arising thereby And (subject to the provisions hereinbefore contained as to the said business) I authorise my said Trustees to postpone the sale and conversion of my property or any part thereof for so long as they shall think fit And I declare that the rents profits and income of my property for the time being remaining unsold and unconverted including the profits of my said business while carried on by my said Trustees shall be paid and applied to the person or persons and in the manner to whom and in which the income of the proceeds
[p,5] of such sale and conversion would for the time being be payable under this my Will if such sale and conversion had been actually made And I authorise and empower my said Trustees any time or times [. . . the Will goes on to specify the Trustees’ capacity to act in various financial transactions relating to raising funds and discharging liabilities in connection with mortgages and incumbrances] I declare that all moneys liable to be invested under this my Will may be invested in any stocks funds or securities authorized by law for trust funds or in the purchase of inscribed stock of any British Colony or on mortgage of real securities in England I also declare that the said Thomas Price Willis and any future Trustee of this my Will who may be a Solicitor or shall be entitled to charge my estate for all business done by him in relation to my estate or the trusts of this my Will in the same manner as he would have been entitled to charge my Executors and Trustees for the same if he had not been himself and Executor or Trustee but had been employed by my Executors and Trustees to do such business as their Solicitor Lastly I revoke all other Wills In Witness whereof I the said Herbert Alfred Hurlstone the Testator have hereunto set my hand this Twenty first day of April One thousand eight hundred and ninety four
Herbert Alfred Hurlstone [signature]
Signed and acknowledged by the above named Herbert Alfred Hurlstone the Testator as his Will in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
William N. Midgley [signature] Clerk to Messrs Willis & Willis, Solicitors, Winslow
Sidney R. Midgley [signature] Ironmongers Assistant, Winslow
On the Twenty second day of August 1894, Probate of this Will was granted at Oxford, to Ruth Florence Hurlstone, Widow, the Relict, Thomas Price Willis and Edwin John French the Executors.
It is hereby certified that the foregoing is a correct Copy. Dated this Thirtieth day of August 1894.
1894, 12th May, Buckingham Advertiser
OBITURARY [sic].- It Is with much regret that we have again to add to the mournful record, with which our columns have of late been far too familiar, and to chronicle the death at the early age of 32, of Mr. Hurlstone, ironmonger, of this town. Although the insidious, yet fatal, disease to which he succumbed, had for more than three years, laid its mark upon him, yet with a fortitude and courage worthy of the best traditions of English life, he combated his foe day by day and inch by inch. Coming to Winslow some 10 years since, as assistant to Mr. W. H. French, upon whose retirement, in 1889, he succeeded to the business, his prospects were bright and assuring. Coupled with a native shrewdness, he soon shewed an appitude [sic] for commercial enterprise, and his transactions were always distinguished by an uprightness and directness of character. He held his religious and political views with decision, but at the same time with much liberality to those whose opinions differed from his. Having a quick sense of humour the grave and the gay were the prominent contradictions of his nature. He will be long remembered by those who were associated with him in the cricket field, and his naturally equable temperament, as well as his uniform urbanity, won for him many friends.
Notes
Herbert Hurlstone came from Dursley, Gloucs. He worked for W.H. French at 3 Market Square, and bought the business in 1889 (it was subseqently sold to his assistant G.A. Midgley). He and his wife Ruth (nee Orford) had two sons who died in infancy. In 1904 she married the schoolmaster George Pass.