How did Matthew Blackwell leave his fortune amongst his family?
In this section, nearly all the information has come from the box of documents which I described in an earlier posting, which Richard Forrest gave to my mother. Without these 19th century documents, none of the following would be known to me. The documents are pretty dry reading, some none too legible (see the Counsel's Opinion at the end of this posting), but I have done my best to summarize the key points.
In 1853 Matthew finalised his will which would after his death effectively set up a trust based on his properties and assets. The Trust would be in favour of his wife Ann until her death and after that in favour of their children once they achieved the age of majority. He appointed John Vernon, Robert Hampson and Ann Blackwell as his executors. In another section, I describe the arrangements which Richard Marsden, Matthew's father-in-law, set up for his children. Richard's legal agreement was brought into effect in his own lifetime. Had Matthew lived longer, he would no doubt have continued to expand his property ownership, architectural practice with his sons and business development.
After Matthew Blackwell's death in June, 1859, probate of his will was granted fairly promptly on 22nd November 1859 so the estate could begin to support his widow Ann, and later the children. The estate was officially under £3000.
Ann Blackwell gives large sums of money to members of her family
A number of complications arose from Matthew’s will and its Trust. Shortly after Matthew’s death in 1859 his wife Ann gave £500 to Edwin her son and £500 to John Williams her son in law, married to her daughter Sarah Ellen. It seems very probable that this was to enable them to become co-partners as yarn agents. They are listed in Slater’s 1877 Directory as “Edwin (Blackwell) Cloth Agent (Williams and Blackwell) 74 Carter Street, Greenheys”.
Ann Blackwell also gave money to her children from her own income from the trust funds. One of her sons, Richard Henry Blackwell, one of the beneficiaries, (identified at the time of a review of the Trust as being at Melbourne Australia and a wool broker) was given £500 probably before he left England in 1878. By the time of Ann’s death in 1889, this £500 had accrued an interest payment that had to taken into account, of £166. These sums seem small today in 2017, but £666 in 1889 is the equivalent of more than £60,000 now. Edmund Sykes Holmes, who had married Matthew’s and Ann’s daughter Julia in 1876, had also been given £400. £100 had been given to John Allen, husband of her daughter Emily Blackwell. £65 had been given to Marsden Blackwell, another son. At least one promissory note had been given in return for these gifts.
Change of Trustees to Matthew's Will
By 1877, it became necessary to amend the Trustees to Matthew Blackwell's Will. One original trustee Richard Vernon had died in 1863 and the other Robert Hampson, had died in 1862 (intestate). Robert Hampson's executors were his sons Charles and Alfred Hampson and there was a further trustee named William Alexander Evans. An "Indenture" (another term for a legal agreement) dated 22nd January 1877 between Ann Blackwell and Charles Hampson (Cloth finisher) of Fairfield near Manchester and his brother Alfred Hampson of Droylsden (also cloth finisher) amends the trustees to be Ann Blackwell and Charles Hampson. The same document identifies the Blackwell family beneficiaries at that time. It looks as if the 1877 agreement was signed by or on behalf of all the beneficiaries. The signature on behalf of Richard Henry Blackwell by Marsden Blackwell suggests that it was signed after 1878 when Richard Henry emigrated to Australia. Sarah Anne Blackwell, Isaac’s wife, who signed it, died in 1879, so it must have been before that date. John Williams signed “per pro” Arthur John who would not have been 21 in 1879.
Counsel's Opinion
Following this legal process, it seems that Charles Hampson, the recently legitimised trustee, felt that he must seek guidance about some of the advances made from the Trust by Ann Blackwell to members of her family. Counsel’s opinion was sought, and it was recorded in a paper dated November 1882. Some steps had already been taken to protect the advances, e.g. John Williams’s wife (formerly Sarah Ellen Blackwell) had written a letter to her mother Ann (the executrix of Matthew’s will) agreeing that any share of the estate owing to her on her mother’s death should be reduced by the sum given to her husband from the Trust.
The letter seeking Counsel’s opinion states at one point:
“Members of Mrs Blackwell’s family who have not received advances are naturally desirous that the Trustee should be in a position to deduct the above amounts from the shares to which the above parties or their wives will be entitled under Matthew Blackwell’s Will.”
So there was disquiet in the family about some family members and in-laws who had received very large advances and others who had not.
The advice received from Counsel did not reassure the Trustee, Charles Hampson. The details of Counsel’s advice are attached as an appendix, (though it is only partly decipherable). Charles Hampson would have had to discuss the advice with Ann Blackwell and the beneficiaries.
Consequently, in her will written in 1882, Ann Blackwell specified the sums of money which were owing from various relatives and these were to be deducted from the person’s share of her estate. In this will she explicitly cut out her deceased eldest son Isaac Blackwell's children from the will. At this time, they were aged 19 and 17 years old and their mother, Sarah Anne, had died soon after Isaac in 1879. The reasons for their exclusion are not known for certain, but the deceased Isaac’s portion from Matthew’s estate was, after Ann Blackwell's death, received by Arthur John Blackwell his son as his “administrator”. One can assume that he shared the legacy with his brother, Harry Gratrix Blackwell as the joint beneficiary. However, the two sons did not receive anything from Ann Blackwell's own estate, which was about a quarter of that which Matthew Blackwell's Trust realised. It is possible, indeed likely, that Ann Blackwell had been supporting the grandsons after their parents’ death, so she took that into account in her will.
In respect of Isaac Blackwell’s death in 1876, aged only 48, his wife Sarah Anne was granted probate as administrator a few months after his death in February 1877 for his effects valued at under £800. She herself died three years later in 1879, aged 46, having left Isaac’s estate “unadministered”. One can only guess at the reasons for this, but she may have been ill. Arthur John Blackwell was given probate for his mother’s estate in November 1885 when he was 22 years old.
Subsequently, probate of Isaac Blackwell’s personal estate was later granted to Arthur John Blackwell in 1890, some 13 years after Isaac’s death. The Probate record states (as noted above) that the estate was “left unadministered” by his widow Sarah Anne. The reason for the delay related to Isaac’s estate after his wife’s death is not known. Arthur John Blackwell would not have reached the age of 21 until 1884, so this may explain some delay. His occupation as “Mariner in the Merchant Service” may also explain a delay. But it seems puzzling that he waited six years after his age of majority to seek probate for himself and his brother Harry Gratrix Blackwell from his father’s estate.
From the 1861 census until 1885 the two sons can’t be located until Arthur John Blackwell receives probate for his mother’s estate in 1885 and Harry Gratrix Blackwell married in 1886.
Arthur John Blackwell was one of the beneficiaries and thus a signatory on the distribution papers for Matthew Blackwell’s estate along with the other beneficiaries in March 1890. After that we know nothing until he died in South Africa in 1918. The fact of his death was recorded on his father Isaac Balckwell’s headstone at Brooklands cemetery.
In 1886, a codicil had been added to Ann Blackwell’s will related to the advances which she had made from the Trust and it noted a further advance of £100 to Edmund Sykes Holmes, husband of her daughter, Julia, making £500 in total for him.
After Ann Blackwell's death on 14th August 1889, a further legal agreement was drawn up related to the transfer of the Trust property and its release and indemnity for the Trustee by the beneficiaries "Cestui que trust". All the children mentioned in the original will made before 1859 when Matthew had died, had attained the age of 21.
A further change was added on 24th October 1889. It was noted there, too, that Ann was buried at Trinity Church, Southport. In the agreement, Charles Hampson, the ongoing Trustee appointed Marsden Blackwell as a Trustee in place of Ann Blackwell who had died.
In 1889, after Ann Blackwell's death, the realisation of Matthew’s Trust came to just under £8717 and Ann’s personal estate to £1531. In today’s values, this would amount to £783,143 and £137, 546. In today’s values, each beneficiary received around £86,900 from Matthew’s Trust and £17,159 from Ann’s estate.
Appendix
Counsel's Opinion
The legal advice sought from Counsel took the form of five questions related to the security of the sums of money advanced. Were the agreements secure to protect the advances in the following cases
1. If John Williams dies before his wife?
2. If both John Williams and his wife die before Ann Blackwell dies and the estate converted?
3. If Edmund Sykes Holmes dies before his wife, Julia?
Also:
4. What has to be done to ensure that the estate has first claim on Richard Henry and Edwin Blackwell’s interests ?
5. What would happen if any of the parties became bankrupt or insolvent?
The Counsel’s opinion is handwritten and difficult to decipher! However, this is the gist of it that I can understand:
1. Counsel did not think that John Williams’s wife would be bound by her letter in the event of his death before hers.
2. The letter from Mrs Williams (Sarah Ellen) would have no binding effect unless Mrs Williams survived her husband and confirmed the (charges? changes?)
3. If Edmund Holmes died before Julia, the promissory note would have “no such effect as to bind the reversionary intent of Mrs Holmes”.
4. Counsel said the trustee should obtain from the sons to whom advances have been made short memos charging their respective interests under the will with the sums advanced to them, in favour of the Trustee. As the duty of distributing the residue would fall on the trustee, the memoranda of charges must be addressed to the trustee not to the executrix (Ann Blackwell).
With regard to the daughters to whom or to whose husband advances have been made, the trustee should obtain short deed of charge to the executrix by the husband and wife in each case and separately acknowledged by the wife.
5. In the event of the insolvency of (.....?) to receipt?accept the executor would probably be sufficient to enable the trustee of the will to retain most of the share where payable, the amount advanced to him. In the (?......) of the insolvency of the sons in law the trustee could (?.....) as against the wife(?) And to recoup himself out of their share. The wives would be in a position to assert their "equity" to a settlement and this equity would override any claims of the Trustee for advances previously made to the husbands.
Handwritten Counsel's Opinion below
I would be very pleased if anyone with interesting information about the Blackwell family lets me know. I can incorporate new information into these writings at any time. I can also correct any errors that might be identified. Please get in touch to let me know.
In this section, nearly all the information has come from the box of documents which I described in an earlier posting, which Richard Forrest gave to my mother. Without these 19th century documents, none of the following would be known to me. The documents are pretty dry reading, some none too legible (see the Counsel's Opinion at the end of this posting), but I have done my best to summarize the key points.
In 1853 Matthew finalised his will which would after his death effectively set up a trust based on his properties and assets. The Trust would be in favour of his wife Ann until her death and after that in favour of their children once they achieved the age of majority. He appointed John Vernon, Robert Hampson and Ann Blackwell as his executors. In another section, I describe the arrangements which Richard Marsden, Matthew's father-in-law, set up for his children. Richard's legal agreement was brought into effect in his own lifetime. Had Matthew lived longer, he would no doubt have continued to expand his property ownership, architectural practice with his sons and business development.
After Matthew Blackwell's death in June, 1859, probate of his will was granted fairly promptly on 22nd November 1859 so the estate could begin to support his widow Ann, and later the children. The estate was officially under £3000.
Ann Blackwell gives large sums of money to members of her family
A number of complications arose from Matthew’s will and its Trust. Shortly after Matthew’s death in 1859 his wife Ann gave £500 to Edwin her son and £500 to John Williams her son in law, married to her daughter Sarah Ellen. It seems very probable that this was to enable them to become co-partners as yarn agents. They are listed in Slater’s 1877 Directory as “Edwin (Blackwell) Cloth Agent (Williams and Blackwell) 74 Carter Street, Greenheys”.
Ann Blackwell also gave money to her children from her own income from the trust funds. One of her sons, Richard Henry Blackwell, one of the beneficiaries, (identified at the time of a review of the Trust as being at Melbourne Australia and a wool broker) was given £500 probably before he left England in 1878. By the time of Ann’s death in 1889, this £500 had accrued an interest payment that had to taken into account, of £166. These sums seem small today in 2017, but £666 in 1889 is the equivalent of more than £60,000 now. Edmund Sykes Holmes, who had married Matthew’s and Ann’s daughter Julia in 1876, had also been given £400. £100 had been given to John Allen, husband of her daughter Emily Blackwell. £65 had been given to Marsden Blackwell, another son. At least one promissory note had been given in return for these gifts.
Change of Trustees to Matthew's Will
By 1877, it became necessary to amend the Trustees to Matthew Blackwell's Will. One original trustee Richard Vernon had died in 1863 and the other Robert Hampson, had died in 1862 (intestate). Robert Hampson's executors were his sons Charles and Alfred Hampson and there was a further trustee named William Alexander Evans. An "Indenture" (another term for a legal agreement) dated 22nd January 1877 between Ann Blackwell and Charles Hampson (Cloth finisher) of Fairfield near Manchester and his brother Alfred Hampson of Droylsden (also cloth finisher) amends the trustees to be Ann Blackwell and Charles Hampson. The same document identifies the Blackwell family beneficiaries at that time. It looks as if the 1877 agreement was signed by or on behalf of all the beneficiaries. The signature on behalf of Richard Henry Blackwell by Marsden Blackwell suggests that it was signed after 1878 when Richard Henry emigrated to Australia. Sarah Anne Blackwell, Isaac’s wife, who signed it, died in 1879, so it must have been before that date. John Williams signed “per pro” Arthur John who would not have been 21 in 1879.
Counsel's Opinion
Following this legal process, it seems that Charles Hampson, the recently legitimised trustee, felt that he must seek guidance about some of the advances made from the Trust by Ann Blackwell to members of her family. Counsel’s opinion was sought, and it was recorded in a paper dated November 1882. Some steps had already been taken to protect the advances, e.g. John Williams’s wife (formerly Sarah Ellen Blackwell) had written a letter to her mother Ann (the executrix of Matthew’s will) agreeing that any share of the estate owing to her on her mother’s death should be reduced by the sum given to her husband from the Trust.
The letter seeking Counsel’s opinion states at one point:
“Members of Mrs Blackwell’s family who have not received advances are naturally desirous that the Trustee should be in a position to deduct the above amounts from the shares to which the above parties or their wives will be entitled under Matthew Blackwell’s Will.”
So there was disquiet in the family about some family members and in-laws who had received very large advances and others who had not.
The advice received from Counsel did not reassure the Trustee, Charles Hampson. The details of Counsel’s advice are attached as an appendix, (though it is only partly decipherable). Charles Hampson would have had to discuss the advice with Ann Blackwell and the beneficiaries.
Consequently, in her will written in 1882, Ann Blackwell specified the sums of money which were owing from various relatives and these were to be deducted from the person’s share of her estate. In this will she explicitly cut out her deceased eldest son Isaac Blackwell's children from the will. At this time, they were aged 19 and 17 years old and their mother, Sarah Anne, had died soon after Isaac in 1879. The reasons for their exclusion are not known for certain, but the deceased Isaac’s portion from Matthew’s estate was, after Ann Blackwell's death, received by Arthur John Blackwell his son as his “administrator”. One can assume that he shared the legacy with his brother, Harry Gratrix Blackwell as the joint beneficiary. However, the two sons did not receive anything from Ann Blackwell's own estate, which was about a quarter of that which Matthew Blackwell's Trust realised. It is possible, indeed likely, that Ann Blackwell had been supporting the grandsons after their parents’ death, so she took that into account in her will.
In respect of Isaac Blackwell’s death in 1876, aged only 48, his wife Sarah Anne was granted probate as administrator a few months after his death in February 1877 for his effects valued at under £800. She herself died three years later in 1879, aged 46, having left Isaac’s estate “unadministered”. One can only guess at the reasons for this, but she may have been ill. Arthur John Blackwell was given probate for his mother’s estate in November 1885 when he was 22 years old.
Subsequently, probate of Isaac Blackwell’s personal estate was later granted to Arthur John Blackwell in 1890, some 13 years after Isaac’s death. The Probate record states (as noted above) that the estate was “left unadministered” by his widow Sarah Anne. The reason for the delay related to Isaac’s estate after his wife’s death is not known. Arthur John Blackwell would not have reached the age of 21 until 1884, so this may explain some delay. His occupation as “Mariner in the Merchant Service” may also explain a delay. But it seems puzzling that he waited six years after his age of majority to seek probate for himself and his brother Harry Gratrix Blackwell from his father’s estate.
From the 1861 census until 1885 the two sons can’t be located until Arthur John Blackwell receives probate for his mother’s estate in 1885 and Harry Gratrix Blackwell married in 1886.
Arthur John Blackwell was one of the beneficiaries and thus a signatory on the distribution papers for Matthew Blackwell’s estate along with the other beneficiaries in March 1890. After that we know nothing until he died in South Africa in 1918. The fact of his death was recorded on his father Isaac Balckwell’s headstone at Brooklands cemetery.
In 1886, a codicil had been added to Ann Blackwell’s will related to the advances which she had made from the Trust and it noted a further advance of £100 to Edmund Sykes Holmes, husband of her daughter, Julia, making £500 in total for him.
After Ann Blackwell's death on 14th August 1889, a further legal agreement was drawn up related to the transfer of the Trust property and its release and indemnity for the Trustee by the beneficiaries "Cestui que trust". All the children mentioned in the original will made before 1859 when Matthew had died, had attained the age of 21.
A further change was added on 24th October 1889. It was noted there, too, that Ann was buried at Trinity Church, Southport. In the agreement, Charles Hampson, the ongoing Trustee appointed Marsden Blackwell as a Trustee in place of Ann Blackwell who had died.
In 1889, after Ann Blackwell's death, the realisation of Matthew’s Trust came to just under £8717 and Ann’s personal estate to £1531. In today’s values, this would amount to £783,143 and £137, 546. In today’s values, each beneficiary received around £86,900 from Matthew’s Trust and £17,159 from Ann’s estate.
Appendix
Counsel's Opinion
The legal advice sought from Counsel took the form of five questions related to the security of the sums of money advanced. Were the agreements secure to protect the advances in the following cases
1. If John Williams dies before his wife?
2. If both John Williams and his wife die before Ann Blackwell dies and the estate converted?
3. If Edmund Sykes Holmes dies before his wife, Julia?
Also:
4. What has to be done to ensure that the estate has first claim on Richard Henry and Edwin Blackwell’s interests ?
5. What would happen if any of the parties became bankrupt or insolvent?
The Counsel’s opinion is handwritten and difficult to decipher! However, this is the gist of it that I can understand:
1. Counsel did not think that John Williams’s wife would be bound by her letter in the event of his death before hers.
2. The letter from Mrs Williams (Sarah Ellen) would have no binding effect unless Mrs Williams survived her husband and confirmed the (charges? changes?)
3. If Edmund Holmes died before Julia, the promissory note would have “no such effect as to bind the reversionary intent of Mrs Holmes”.
4. Counsel said the trustee should obtain from the sons to whom advances have been made short memos charging their respective interests under the will with the sums advanced to them, in favour of the Trustee. As the duty of distributing the residue would fall on the trustee, the memoranda of charges must be addressed to the trustee not to the executrix (Ann Blackwell).
With regard to the daughters to whom or to whose husband advances have been made, the trustee should obtain short deed of charge to the executrix by the husband and wife in each case and separately acknowledged by the wife.
5. In the event of the insolvency of (.....?) to receipt?accept the executor would probably be sufficient to enable the trustee of the will to retain most of the share where payable, the amount advanced to him. In the (?......) of the insolvency of the sons in law the trustee could (?.....) as against the wife(?) And to recoup himself out of their share. The wives would be in a position to assert their "equity" to a settlement and this equity would override any claims of the Trustee for advances previously made to the husbands.
Handwritten Counsel's Opinion below
I would be very pleased if anyone with interesting information about the Blackwell family lets me know. I can incorporate new information into these writings at any time. I can also correct any errors that might be identified. Please get in touch to let me know.
tbjolliffe@gmail.com
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