Will of Mary Elizabeth West, spinster, 1862 (proved 1878)

Principal Probate Registry, 1878

On the eleventh day of December 1878 the Will of Mary Elizabeth West late of Winslow in the County of Buckingham Spinster deceased, who died on the 26th day of August 1878 at Winslow aforesaid was proved in the Principal Registry of the Probate Division of the High Court of Justice, by the oaths of Louisa Harriet Dudley (Wife of Samuel Burnham Dudley, Gentleman) of Winslow aforesaid the Niece and The Reverend Melbourne Russell West of Pulborough in the County of Sussex Clerk the Nephew the executors named in the Will they having been first sworn duly to administer,

Effects under £1000
No Leaseholds


This is the last Will and Testament of me Mary Elizabeth West of Winslow in the County of Bucks Spinster I give and bequeath unto my Niece Georgina Caroline West the legacy or sum of one hundred pounds and unto my Nephew Melbourne Russell West the legacy or sum of two hundred pounds to be paid to them respectively within twelve calendar months next after my decease  I also give and bequeath unto my Great Niece Louisa Mary Dudley the legacy or sum of one hundred pounds to be paid if and when she shall attain the age of twenty one years but without any interest for the same in the meantime and her receipt alone shall be a sufficient discharge for the same notwithstanding coverture I direct my Executrix and Executor to pay the legacy duty and incidental expenses chargeable on the above legacies so that my said Niece Nephew and Great Niece respectively may receive the full amount thereof I devise all the real estate which shall at my decease be vested in me as Trustee or Mortgagee to my Niece Louisa Harriet Dudley Wife of Samuel Burnham Dudley and my said Nephew Melbourne Russell West their heirs and assigns subject to the trusts and equities affecting the same respectively  I devise unto the said Louisa Harriet Dudley and Melbourne Russell West all the real estate of or to which I shall be beneficially seized or entitled at my decease with the appurtenances To hold the same and every part thereof unto and to the use of said Louisa Harriet Dudley and Melbourne Russell West their heirs and assigns upon trust during the life of my said Niece Louisa Harriet Dudley to permit and suffer her to let set and demise the same from year to year or for any term not exceeding seven years in possession to such person or persons and for such rent or rents as she shall think fit and generally to manage the same at her discretion to receive the rents and profits thereof (or what shall remain thereof after paying the expenses of keeping the said premises in good and substantial repair and the houses and buildings insured from loss or damage by fire) as an when the same shall become due and not by way of anticipation for her separate use and to be at her own disposal independently of her present or any future husband and so as not to be in any way subject to his control or liable to his debts contracts and engagements and for which rents and profits the receipts of the said Louisa Harriet Dudley alone shall be sufficient discharges to tenants and others and after the decease of the said Louisa Harriet Dudley I direct that my Trustees or Trustee for the time being shall thenceforth stand seised of my said real estate In trust for my said Great Niece Louisa Mary Dudley her heirs and assigns for ever And in case the said Louisa Mary Dudley shall die under the age of twenty one without leaving legal issue living at her death then in case the said Louisa Harriet Dudley shall leave only one other Child and no issue of a deceased Child I direct that my Trustees or Trustee for the time being shall thenceforth stand seized of my said real estate In trust for such other Child of the said Louisa Harriet Dudley and her heirs and assigns of such other Child absolutely But in case the said Niece Louisa Harriet Dudley shall have more than one Child who shall either survive her or previously die leaving issue or shall have only one other Child who shall die leaving more Children than one

[p.2] Then and in either of such cases provided the said Louisa Mary Dudley shall have died under the age of twenty one years without leaving lawful issue living at her death Upon trust with all convenient speed after the decease of the said Louisa Harriet Dudley to sell and dispose of my said real estate together or in parcels by public auction or private contract and to pay share and divide the monies thereby arising first paying thereout the reasonable costs and charges of and attending such sale unto and among all and every the Children of the said Louisa Harriet Dudley who shall then survive and the issue of any such child who shall have previously died such issue in every case to take equally between them the share to which his her or their parent would have been entitled if living such shares respectively to vest in and be payable to such of the said Children and other issue as shall have arrived at the age of twenty one years forthwith and in and to the others of them on their severally attaining that age And in case the said Louisa Harriet Dudley shall not leave any child or other issue Then upon further trust that my Trustees or Trustee for the time being shall and do from and after the decease of the said Louisa Harriet Dudley pay the rents and profits of my said real estate to the said Samuel Burnham Dudley to permit him to receive the same during the remainder of his natural life and from and after the decease of the survivor of the said Samuel Burnham Dudley and Louisa Harriet his Wife and on such failure of issue of the said Louisa Harriet Dudley as last aforesaid do and shall pay share and divide the net monies to arise as aforesaid unto and among all the Children of my Brother George West who shall then survive and the issue of any such child who shall have previously died such issue in every case to take equally between them the share to which his her or their parent would have been entitled if living such shares respectively to vest in and be payable to such of the said Children and other issue as shall have arrived at the age of twenty one years forthwith and in and to the others of them on their severally attaining that age  I further empower my said Trustees or Trustee if they she or he shall think it advantageous so to do at any time or times with the consent in writing of my said Niece Louisa Harriet Dudley during her life whether covert or sole to sell my said real estate or any part or parts thereof together or in parcels by public sale or private contract and convey the real estate so sold unto or according to the direction of the purchaser or purchasers thereof And I direct that my said Trustees or Trustee shall invest the money to arise from the sale thereof which shall remain after paying the costs and expenses of such sale in manner hereinafter directed concerning the money to arise from my residuary personal Estate and shall hold the funds or securities whereon such investment shall be made upon the trusts hereinafter contained concerning the funds or securities whereon the produce of my residuary personal estate may be invested  I bequeath unto my said Niece Louisa Harriet Dudley for her sole and separate use and to be at her own absolute disposal All my household goods and furniture plate linen china wearing apparel and ornaments of my person jewels rings trinkets books and all other  my household effects of whatever description I bequeath the residue of the personal estate and effects of every kind to which I shall

[p.3] be entitled at my decease unto the said Louisa Harriet Dudley Melbourne Russell West their executors administrators and assigns Upon trust to convert into money get in and receive so much thereof as shall not consist of ready money or of such investments in stocks funds or securities (whether of the description contemplated by the trust for investment hereinafter contained or not) as my said Trustees shall think is desirable to continue And I direct my said Trustees to receive the money to arise from my residuary personal estate and after payment thereout of all my just debts my funeral expenses the charges of proving and establishing this my Will the legacies hereinafter bequeathed the legacy duty thereon and all my incidental expenses and stand possessed of the clear residue thereof together with the stocks funds and securities to be continued as last aforesaid Upon the trusts hereinafter declared concerning the same and as to the monies to arise from the execution of the trusts . . . concerning my residuary estate I direct my said Trustees to invest the same in their names in or upon any of the public stocks funds or securities of the United Kingdom and I authorise them to vary and transpose at their discretion as well the stocks . . . whereon such investment shall be made as any stocks . . . which shall at my decease compose part of my personal estate for any other stocks . . . of the description contemplated by the preceding direction I declare that all the trust monies stocks . . . aforesaid shall form an aggregate fund and be held upon the trusts following (namely) Upon trust during the life of my said Niece Louise Harriet Dudley to pay the yearly produce thereof as and when the same shall become due and not by way of anticipation into her own hands or permit her to receive the same for her separate use and to be at her own disposal independently of her present or any future husband . . . and after the decease of the said Louise Harriet Dudley In trust both as to the capital and future interest thereof for the said Louisa Mary Dudley her executors administrators and assigns absolutely and in case the said Louisa Mary Dudley shall die under the age of twenty one years without leaving lawful issue living at her death then upon further trust as to the capital of the said trust and the yearly produce thenceforth to accrue due to the same In trust for the other child if only one and for all and every the other Children if more than one of the said Louise Harriet Dudley who shall then survive and the issue of any such Child who shall have previously died . . . and in case the said Louise Harriet Dudley shall not have any child who shall either survive her or previously die leaving issue . . . Then upon further trust that my Trustees or Trustee . . . shall and do from and after the decease . . . pay the rents and profits of my said real estate to the said Samuel Burnham Dudley . . . and after the decease of the survivor of the said Samuel Burnham Dudley and Louisa Harriet his Wife . . . unto and among all the Children of my Brother George West . . . I empower my said Trustees after the decease of my said Niece Louisa Harriet Dudley to pay the rent and yearly income of my real and personal estates to which under any of the devises bequests or dispositions herein before contained each or any infant devisee or Legatee shall be entitled to the said Samuel Burnham Dudley if living the better to enable him to maintain educate and bring up such devisee or legatee in a manner suitable to his or her station in life and to apply such rents and yearly income after his decease at their own discretion towards the maintenance and education or otherwise for the benefit of such devisee or Legatee during his or her minority I declare that the receipts of my Trustees for any money to be paid to them in that character shall exonerate the persons paying the same from all liability in respect of the application thereof and that notwithstanding the coverture of the said Louise Harriet Dudley I declare that if my Trustees hereinbefore named or either of them or any Trustees or Trustee to be appointed under this clause shall die or be unwilling or incompetent to accept or execute the Trusts of my Will it shall be lawful for my said Niece Louise Harriet Dudley if living whether covert or sole and after her death for the competent accepting Trustees . . . if any whether retiring from the office of Trustee or not or if none for the Executors and Administrators of the last deceased Trustee to substitute by any writing under her their or his hand or hands any person or persons in whom alone or as the case may be jointly with any surviving or continuing Trustees or Trustee my Trust estate shall be vested  And I exempt every Trustee of my will from liability for losses occurring without her or his own wilful default and authorize her or him to retain and allow to her or his cotrustees or cotrustee all expences incidental to the Trusteeship I appoint my said Niece Louise Harriet Dudley and my said Nephew Melbourne Russell West to be Executrix and Executor of my will And lastly I revoke all former wills In witness whereof I the said Mary Elizabeth West the Testatrix have to every sheet of this my Last Will and Testament contained on five sheets of paper set my hand this first day of November in the year of our Lord One thousand eight hundred and sixty two Mary Elizabeth West [signature] This sheet and the four preceding sheets hereto annexed were severally signed by the said Testatrix Mary Elizabeth West in the joint presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses – D.T. Willis – Thos Price Willis – Solicitors Winslow Bucks

Proved at London 11th December 1878 by the oaths of Louisa Harriet Dudley (Wife of Samuel Burnham Dudley) the Niece and The Reverend Melbourne Russell West the Nephew to whom adm(inistrati)on was granted


Notes

Mary Elizabeth West was aged 80 when she died in 1878. She owned extensive property in Winslow (mainly in Sheep Street) which unfortunately was not specified in the will. She inherited in 1847 from her aunt Mary Bowler (q.v. for a list of the property at the time).

She was the daughter of George and Sarah (nee Bowler) West, baptised at Winslow in 1798. Her father was a tanner. Her siblings were George (bap. 1800; he carried on the Greyhound Lane tannery and was the father of Rev. Melbourne West), John (1802) and Harriet (1804, presumably the mother of Louisa the niece).

Rev. Melbourne West the nephew attended Queen's College, Oxford (MA 1868). Louisa Harriet Dudley the niece was originally named Wilson; she was born at Banbury c.1831, and married Samuel Burnham Dudley in 1849 (see 5 Horn Street). Their daughter Louisa Mary became, in 1883, probably the first woman from Winslow to petition for divorce.

In the 1861 and 1871 Census Mary West was living with a servant (Eliza French, not mentioned in the will) at 17 Market Square, which later belonged to her niece and great-niece (it seems to have belonged to S.B. Dudley). Up to the 1850s she lived at Yew Tree Cottage, Sheep Street.

Copyright 29 January, 2018