Search Results for 'ernest'

The Bigamist

Ernest Tomlinson 1881-1915

 

Ernest Tomlinson was my great grandfathers Charles Tomlinson‘s younger brother. Their parents were Charles Tomlinson the elder 1847-1907 and Emma Grattidge 1853-1911.

In 1896, aged 14, Ernest attempted to drown himself in the pond at Penn after his father took his watch off him for arguing with his brothers. Ernest tells the police “It’s all through my brothers putting on me”.  The policeman told him he was a very silly and wicked boy and to see the curate at Penn and to try and be a better boy in future. He was discharged.

Bridgnorth Journal and South Shropshire Advertiser. – Saturday 11 July 1896:

 

In 1903 Ernest married Ethel Maude Howe in Wolverhampton.  Four years later in 1907 Ethel was granted a separation on the grounds of cruelty.

In Islington in London in 1913, Ernest bigamously married Mabel Elizabeth Smith.  Mabel left Ernest for treating her very badly. She went to Wolverhampton and found out about his first wife still being alive.

London Evening Standard – Monday 25 May 1914:

 

 

In May 1914 Ernest was tried at the Old Bailey and the jury found him guilty of bigamy. In his defense, Ernest said that he had received a letter from his mother saying that she was ill, and a further letter saying that she had died. He said he wrongly assumed that they were referring to his wife, and that he was free to marry.  It was his mother who had died.  He was sentenced to 18 months hard labour at Wormwood Scrubs prison.

Woolwich Gazette – Tuesday 28 April 1914:

 

 

Ethel Maude Tomlinson was granted a decree nisi in 1915.

Birmingham Daily Gazette – Wednesday 02 June 1915:

 

Ernest died in September 1915 in hospital in Wolverhampton.

 

Long Lost Enoch Edwards

 

 

My father used to mention long lost Enoch Edwards. Nobody in the family knew where he went to and it was assumed that he went to USA, perhaps to Utah to join his sister Sophie who was a Mormon handcart pioneer, but no record of him was found in USA.

Andrew Enoch Edwards (my great great grandfather) was born in 1840, but was (almost) always known as Enoch. Although civil registration of births had started from 1 July 1837, neither Enoch nor his brother Stephen were registered. Enoch was baptised (as Andrew) on the same day as his brothers Reuben and Stephen in May 1843 at St Chad’s Catholic cathedral in Birmingham. It’s a mystery why these three brothers were baptised Catholic, as there are no other Catholic records for this family before or since. One possible theory is that there was a school attached to the church on Shadwell Street, and a Catholic baptism was required for the boys to go to the school. Enoch’s father John died of TB in 1844, and perhaps in 1843 he knew he was dying and wanted to ensure an education for his sons. The building of St Chads was completed in 1841, and it was close to where they lived.

Enoch appears (as Enoch rather than Andrew) on the 1841 census, six months old. The family were living at Unett Street in Birmingham: John and Sarah and children Mariah, Sophia, Matilda, a mysterious entry transcribed as Lene, a daughter, that I have been unable to find anywhere else, and Reuben and Stephen.

Enoch was just four years old when his father John, an engineer and millwright, died of consumption in 1844.

In 1851 Enoch’s widowed mother Sarah was a mangler living on Summer Street, Birmingham, Matilda a dressmaker, Reuben and Stephen were gun percussionists, and eleven year old Enoch was an errand boy.

On the 1861 census, Sarah was a confectionrer on Canal Street in Birmingham, Stephen was a blacksmith, and Enoch a button tool maker.

On the 10th November 1867 Enoch married Emelia Parker, daughter of jeweller and rope maker Edward Parker, at St Philip in Birmingham. Both Emelia and Enoch were able to sign their own names, and Matilda and Edwin Eddington were witnesses (Enoch’s sister and her husband). Enoch’s address was Church Street, and his occupation button tool maker.

 

Four years later in 1871, Enoch was a publican living on Clifton Road. Son Enoch Henry was two years old, and Ralph Ernest was three months. Eliza Barton lived with them as a general servant.

By 1881 Enoch was back working as a button tool maker in Bournebrook, Birmingham. Enoch and Emilia by then had three more children, Amelia, Albert Parker (my great grandfather) and Ada.

Garnet Frederick Edwards was born in 1882. This is the first instance of the name Garnet in the family, and subsequently Garnet has been the middle name for the eldest son (my brother, father and grandfather all have Garnet as a middle name).

Enoch was the licensed victualler at the Pack Horse Hotel in 1991 at Kings Norton. By this time, only daughters Amelia and Ada and son Garnet are living at home.

 

 

Additional information from my fathers cousin, Paul Weaver:

“Enoch refused to allow his son Albert Parker to go to King Edwards School in Birmingham, where he had been awarded a place. Instead, in October 1890 he made Albert Parker Edwards take an apprenticeship with a pawnboker in Tipton.
Towards the end of the 19th century Enoch kept The Pack Horse in Alcester Road, Hollywood, where a twist was 1d an ounce, and beer was 2d a pint. The children had to get up early to get breakfast at 6 o’clock for the hay and straw men on their way to the Birmingham hay and straw market. Enoch is listed as a member of “The Kingswood & Pack Horse Association for the Prosecution of Offenders”, a kind of early Neighbourhood Watch, dated 25 October 1890.
The Edwards family later moved to Redditch where they kept The Rifleman Inn at 35 Park Road. They must have left the Pack Horse by 1895 as another publican was in place by then.”

Emelia his wife died in 1895 of consumption at the Rifleman Inn in Redditch, Worcestershire, and in 1897 Enoch married Florence Ethel Hedges in Aston. Enoch was 56 and Florence was just 21 years old.

 

The following year in 1898 their daughter Muriel Constance Freda Edwards was born in Deritend, Warwickshire.
In 1901 Enoch, (Andrew on the census), publican, Florence and Muriel were living in Dudley. It was hard to find where he went after this.

From Paul Weaver:

“Family accounts have it that Enoch EDWARDS fell out with all his family, and at about the age of 60, he left all behind and emigrated to the U.S.A. Enoch was described as being an active man, and it is believed that he had another family when he settled in the U.S.A. Esmor STOKES has it that a postcard was received by the family from Enoch at Niagara Falls.

On 11 June 1902 Harry Wright (the local postmaster responsible in those days for licensing) brought an Enoch EDWARDS to the Bedfordshire Petty Sessions in Biggleswade regarding “Hole in the Wall”, believed to refer to the now defunct “Hole in the Wall” public house at 76 Shortmead Street, Biggleswade with Enoch being granted “temporary authority”. On 9 July 1902 the transfer was granted. A year later in the 1903 edition of Kelly’s Directory of Bedfordshire, Hunts and Northamptonshire there is an Enoch EDWARDS running the Wheatsheaf Public House, Church Street, St. Neots, Huntingdonshire which is 14 miles south of Biggleswade.”

It seems that Enoch and his new family moved away from the midlands in the early 1900s, but again the trail went cold.

When I started doing the genealogy research, I joined a local facebook group for Redditch in Worcestershire. Enoch’s son Albert Parker Edwards (my great grandfather) spent most of his life there. I asked in the group about Enoch, and someone posted an illustrated advertisement for Enoch’s dog powders.  Enoch was a well known breeder/keeper of St Bernards and is cited in a book naming individuals key to the recovery/establishment of ‘mastiff’ size dog breeds.

 

We had not known that Enoch was a breeder of champion St Bernard dogs!

Once I knew about the St Bernard dogs and the names Mount Leo and Plinlimmon via the newspaper adverts, I did an internet search on Enoch Edwards in conjunction with these dogs.

Enoch’s St Bernard dog “Mount Leo” was bred from the famous Plinlimmon, “the Emperor of Saint Bernards”. He was reported to have sent two puppies to Omaha and one of his stud dogs to America for a season, and in 1897 Enoch made the news for selling a St Bernard to someone in New York for £200. Plinlimmon, bred by Thomas Hall, was born in Liverpool, England on June 29, 1883. He won numerous dog shows throughout Europe in 1884, and in 1885, he was named Best Saint Bernard.

In the Birmingham Mail on 14th June 1890:

“Mr E Edwards, of Bournebrook, has been well to the fore with his dogs of late. He has gained nine honours during the past fortnight, including a first at the Pontypridd show with a St Bernard dog, The Speaker, a son of Plinlimmon.”

In the Alcester Chronicle on Saturday 05 June 1897:

 

It was discovered that Enoch, Florence and Muriel moved to Canada, not USA as the family had assumed. The 1911 census for Montreal St Jaqcues, Quebec, stated that Enoch, (Florence) Ethel, and (Muriel) Frida had emigrated in 1906. Enoch’s occupation was machinist in 1911. The census transcription is not very good. Edwards was transcribed as Edmand, but the dates of birth for all three are correct. Birthplace is correct ~ A for Anglitan (the census is in French) but race or tribe is also an A but the transcribers have put African black! Enoch by this time was 71 years old, his wife 33 and daughter 11.

Additional information from Paul Weaver:

“In 1906 he and his new family travelled to Canada with Enoch travelling first and Ethel and Frida joined him in Quebec on 25 June 1906 on board the ‘Canada’ from Liverpool.
Their immigration record suggests that they were planning to travel to Winnipeg, but five years later in 1911, Enoch, Florence Ethel and Frida were still living in St James, Montreal. Enoch was employed as a machinist by Canadian Government Railways working 50 hours. It is the 1911 census record that confirms his birth as November 1840. It also states that Enoch could neither read nor write but managed to earn $500 in 1910 for activity other than his main profession, although this may be referring to his innkeeping business interests.
By 1921 Florence and Muriel Frida are living in Langford, Neepawa, Manitoba with Peter FUCHS, an Ontarian farmer of German descent who Florence had married on 24 Jul 1913 implying that Enoch died sometime in 1911/12, although no record has been found.”

The extra $500 in earnings was perhaps related to the St Bernard dogs.  Enoch signed his name on the register on his marriage to Emelia, and I think it’s very unlikely that he could neither read nor write, as stated above.

However, it may not be Enoch’s wife Florence Ethel who married Peter Fuchs.  A Florence Emma Edwards married Peter Fuchs,  and on the 1921 census in Neepawa her daugther Muriel Elizabeth Edwards, born in 1902, lives with them.  Quite a coincidence, two Florence and Muriel Edwards in Neepawa at the time.  Muriel Elizabeth Edwards married and had two children but died at the age of 23 in 1925.  Her mother Florence was living with the widowed husband and the two children on the 1931 census in Neepawa.  As there was no other daughter on the 1911 census with Enoch, Florence and Muriel in Montreal, it must be a different Florence and daughter.  We don’t know, though, why Muriel Constance Freda married in Neepawa.

Indeed, Florence was not a widow in 1913.  Enoch died in 1924 in Montreal, aged 84.  Neither Enoch, Florence or their daughter has been found yet on the 1921 census. The search is not easy, as Enoch sometimes used the name Andrew, Florence used her middle name Ethel, and daughter Muriel used Freda, Valerie (the name she added when she married in Neepawa), and died as Marcheta.   The only name she NEVER used was Constance!

A Canadian genealogist living in Montreal phoned the cemetery where Enoch was buried. She said “Enoch Edwards who died on Feb 27 1924  is not buried in the Mount Royal cemetery, he was only cremated there on March 4, 1924. There are no burial records but he died of an abcess and his body was sent to the cemetery for cremation from the Royal Victoria Hospital.”

 

1924 Obituary for Enoch Edwards:

Cimetière Mont-Royal Outremont, Montreal Region, Quebec, Canada

The Montreal Star 29 Feb 1924, Fri · Page 31

 

Muriel Constance Freda Valerie Edwards married Arthur Frederick Morris on 24 Oct 1925 in Neepawa, Manitoba. (She appears to have added the name Valerie when she married.)

Unexpectedly a death certificate appeared for Muriel via the hints on the ancestry website. Her name was “Marcheta Morris” on this document, however it also states that she was the widow of Arthur Frederick Morris and daughter of Andrew E Edwards and Florence Ethel Hedges. She died suddenly in June 1948 in Flos, Simcoe, Ontario of a coronary thrombosis, where she was living as a housekeeper.

To Australia

Grettons

Charles Herbert Gretton 1876-1954

Charles Gretton, my great grandmothers youngest brother, arrived in Sydney Australia on 12 February 1912, having set sail on 5 January 1912 from London. His occupation on the passenger list was stockman, and he was traveling alone.  Later that year, in October, his wife and two sons sailed out to join him.

 

Charles was born in Swadlincote.  He married Mary Anne Illsley, a local girl from nearby Church Gresley, in 1898. Their first son, Leslie Charles Bloemfontein Gretton, was born in 1900 in Church Gresley, and their second son, George Herbert Gretton, was born in 1910 in Swadlincote.  In 1901 Charles was a colliery worker, and on the 1911 census, his occupation was a sanitary ware packer.

Charles and Mary Anne had two more sons, both born in Footscray:  Frank Orgill Gretton in 1914, and Arthur Ernest Gretton in 1920.

On the Australian 1914 electoral rolls, Charles and Mary Ann were living at 72 Moreland Street, Footscray, and in 1919 at 134 Cowper Street, Footscray, and Charles was a labourer.  In 1924, Charles was a sub foreman, living at 3, Ryan Street E, Footscray, Australia.  On a later electoral register, Charles was a foreman.  Footscray is a suburb of Melbourne, and developed into an industrial zone in the second half of the nineteenth century.

Charles died in Victoria in 1954 at the age of 77. His wife Mary Ann died in 1958.

 

Charles and Mary Ann Gretton:

 

Leslie Charles Bloemfontein Gretton 1900-1955

Leslie was an electrician.   He married Ethel Christine Halliday, born in 1900 in Footscray, in 1927.  They had four children: Tom, Claire, Nancy and Frank. By 1943 they were living in Yallourn.  Yallourn, Victoria was a company town in Victoria, Australia built between the 1920s and 1950s to house employees of the State Electricity Commission of Victoria, who operated the nearby Yallourn Power Station complex. However, expansion of the adjacent open-cut brown coal mine led to the closure and removal of the town in the 1980s.

On the 1954 electoral registers, daughter Claire Elizabeth Gretton, occupation teacher, was living at the same address as Leslie and Ethel.

Leslie died in Yallourn in 1955, and Ethel nine years later in 1964, also in Yallourn.

 

George Herbert Gretton 1910-1970

George married Florence May Hall in 1934 in Victoria, Australia.  In 1942 George was listed on the electoral roll as a grocer, likewise in 1949. In 1963 his occupation was a process worker, and in 1968 in Flinders, a horticultural advisor.

George died in Lang Lang, not far from Melbourne, in 1970.

 

Frank Orgill Gretton 1914-

Arthur Ernest Gretton 1920-

 

Orgills

John Orgill 1835-1911

John Orgill was Charles Herbert Gretton’s uncle.  He emigrated to Australia in 1865, and married Elizabeth Mary Gladstone 1845-1926 in Victoria in 1870. Their first child was born in December that year, in Dandenong. They had seven children, and their three sons all have the middle name Gladstone.

John Orgill was a councillor for the Shire of Dandenong in 1873, and between 1876 and 1879.

John Orgill:

 

John Orgill obituary in the South Bourke and Mornington Journal, 21 December 1911:

 

 

John’s wife Elizabeth Orgill, a teacher and a “a public spirited lady” according to newspaper articles, opened a hydropathic hospital in Dandenong called Gladstone House.

Elizabeth Gladstone Orgill:

 

On the Old Dandenong website:

Gladstone House hydropathic hospital on the corner of Langhorne and Foster streets (153 Foster Street) Dandenong opened in 1896, working on the theory of water therapy, no medicine or operations. Her husband passed away in 1911 at 77, around similar time Dr Barclay Thompson obtained control of the practice. Mrs Orgill remaining on in some capacity.

Elizabeth Mary Orgill (nee Gladstone) operated Gladstone House until at least 1911, along with another hydropathic hospital (Birthwood) on Cheltenham road. She was the daughter of William Gladstone (Nephew of William Ewart Gladstone, UK prime minister in 1874).

Around 1912 Dr A. E. Taylor took over the location from Dr. Barclay Thompson. Mrs Orgill was still working here but no longer controlled the practice, having given it up to Barclay. Taylor served as medical officer for the Shire for before his death in 1939. After Taylor’s death Dr. T. C. Reeves bought his practice in 1939, later that year being appointed medical officer,

Gladstone Road in Dandenong is named after her family, who owned and occupied a farming paddock in the area on former Police Paddock ground, the Police reserve having earlier been reduced back to Stud Road.

Hydropathy (now known as Hydrotherapy) and also called water cure, is a part of medicine and alternative medicine, in particular of naturopathy, occupational therapy and physiotherapy, that involves the use of water for pain relief and treatment.

Gladstone House, Dandenong:

 

 

John’s brother Robert Orgill 1830-1915 also emigrated to Australia. I met (online) his great great grand daughter Lidya Orgill via the Old Dandenong facebook group.

John’s other brother Thomas Orgill 1833-1908 also emigrated to the same part of Australia.

Thomas Orgill:

 

One of Thomas Orgills sons was George Albert Orgill 1880-1949:

 

A letter was published in The South Bourke & Mornington Journal (Richmond, Victoria, Australia) on 17 Jun 1915, to Tom Orgill, Emerald Hill (South Melbourne) from hospital by his brother George Albert Orgill (4th Pioneers) describing landing of Covering Party prior to dawn invasion of Gallipoli:

 

Another brother Henry Orgill 1837-1916 was born in Measham and died in Dandenong, Australia. Henry was a bricklayer living in Measham on the 1861 census. Also living with his widowed mother Elizabeth at that address was his sister Sarah and her husband Richard Gretton, the baker (my great great grandparents). In October of that year he sailed to Melbourne.  His occupation was bricklayer on his death records in 1916.

Two of Henry’s sons, Arthur Garfield Orgill born 1888 and Ernest Alfred Orgill born 1880 were killed in action in 1917 and buried in Nord-Pas-de-Calais, France. Another son, Frederick Stanley Orgill, died in 1897 at the age of seven.

A fifth brother, William Orgill 1842-   sailed from Liverpool to Melbourne in 1861, at 19 years of age. Four years later in 1865 he sailed from Victoria, Australia to New Zealand.

 

I assumed I had found all of the Orgill brothers who went to Australia, and resumed research on the Orgills in Measham, in England. A search in the British Newspaper Archives for Orgills in Measham revealed yet another Orgill brother who had gone to Australia.

Matthew Orgill 1828-1907 went to South Africa and to Australia, but returned to Measham.

The Orgill brothers had two sisters. One was my great great great grandmother Sarah, and the other was Hannah.  Hannah married Francis Hart in Measham. One of her sons, John Orgill Hart 1862-1909, was born in Measham.  On the 1881 census he was a 19 year old carpenters apprentice.  Two years later in 1883 he was listed as a joiner on the passenger list of the ship Illawarra, bound for Australia.   His occupation at the time of his death in Dandenong in 1909 was contractor.

An additional coincidental note about Dandenong: my step daughter Emily’s Australian partner is from Dandenong.

 

 

Housleys

Charles Housley 1823-1856

Charles Housley emigrated to Australia in 1851, the same year that his brother George emigrated to USA.  Charles is mentioned in the Narrative on the Letters by Barbara Housley, and appears in the Housley Letters chapters.

 

Rushbys

George “Mike” Rushby 1933-

Mike moved to Australia from South Africa. His story is a separate chapter.

William Housley’s Will and the Court Case

William Housley died in 1848, but his widow Ellen didn’t die until 1872.  The court case was in 1873.  Details about the court case are archived at the National Archives at Kew,  in London, but are not available online. They can be viewed in person, but that hasn’t been possible thus far.  However, there are a great many references to it in the letters.

William Housley’s first wife was Mary Carrington 1787-1813.  They had three children, Mary Anne, Elizabeth and William. When Mary died, William married Mary’s sister Ellen, not in their own parish church at Smalley but in Ashbourne.  Although not uncommon for a widower to marry a deceased wife’s sister, it wasn’t legal.  This point is mentioned in one of the letters.

One of the pages of William Housley’s will:

 

An excerpt from Barbara Housley’s Narrative on the Letters:

A comment in a letter from Joseph (August 6, 1873) indicated that William was married twice and that his wives were sisters: “What do you think that I believe that Mary Ann is trying to make our father’s will of no account as she says that my father’s marriage with our mother was not lawful he marrying two sisters. What do you think of her? I have heard my mother say something about paying a fine at the time of the marriage to make it legal.” Markwell and Saul in The A-Z Guide to Tracing Ancestors in Britain explain that marriage to a deceased wife’s sister was not permissible under Canon law as the relationship was within the prohibited degrees. However, such marriages did take place–usually well away from the couple’s home area. Up to 1835 such marriages were not void but were voidable by legal action. Few such actions were instituted but the risk was always there.

Joseph wrote that when Emma was married, Ellen “broke up the comfortable home and the things went to Derby and she went to live with them but Derby didn’t agree with her so she left again leaving her things behind and came to live with John in the new house where she died.” Ellen was listed with John’s household in the 1871 census. 
In May 1872, the Ilkeston Pioneer carried this notice: “Mr. Hopkins will sell by auction on Saturday next the eleventh of May 1872 the whole of the useful furniture, sewing machine, etc. nearly new on the premises of the late Mrs. Housley at Smalley near Heanor in the county of Derby. Sale at one o’clock in the afternoon.”

There were hard feelings between Mary Ann and Ellen and her children. Anne wrote: “If you remember we were not very friendly when you left. They never came and nothing was too bad for Mary Ann to say of Mother and me, but when Robert died Mother sent for her to the funeral but she did not think well to come so we took no more notice. She would not allow her children to come either.”
Mary Ann was still living in May 1872. Joseph implied that she and her brother, Will “intend making a bit of bother about the settlement of the bit of property” left by their mother. The 1871 census listed Mary Ann’s occupation as “income from houses.”

In July 1872, Joseph introduced Ruth’s husband: “No doubt he is a bad lot. He is one of the Heath’s of Stanley Common a miller and he lives at Smalley Mill” (Ruth Heath was Mary Anne Housley’s daughter)
In 1873 Joseph wrote, “He is nothing but a land shark both Heath and his wife and his wife is the worst of the two. You will think these is hard words but they are true dear brother.” The solicitor, Abraham John Flint, was not at all pleased with Heath’s obstruction of the settlement of the estate. He wrote on June 30, 1873: “Heath agreed at first and then because I would not pay his expenses he refused and has since instructed another solicitor for his wife and Mrs. Weston who have been opposing us to the utmost. I am concerned for all parties interested except these two….The judge severely censured Heath for his conduct and wanted to make an order for sale there and then but Heath’s council would not consent….” In June 1875, the solicitor wrote: “Heath bid for the property but it fetched more money than he could give for it. He has been rather quieter lately.”

In May 1872, Joseph wrote: “For what do you think, John has sold his share and he has acted very bad since his wife died and at the same time he sold all his furniture. You may guess I have never seen him but once since poor mother’s funeral and he is gone now no one knows where.”

In 1876, the solicitor wrote to George: “Have you heard of John Housley? He is entitled to Robert’s share and I want him to claim it.”

Anne intended that one third of the inheritance coming to her from her father and her grandfather, William Carrington, be divided between her four nieces: Sam’s three daughters and John’s daughter Elizabeth.
In the same letter (December 15, 1872), Joseph wrote:
“I think we have now found all out now that is concerned in the matter for there was only Sam that we did not know his whereabouts but I was informed a week ago that he is dead–died about three years ago in Birmingham Union. Poor Sam. He ought to have come to a better end than that”

However, Samuel was still alive was on the 1871 census in Henley in Arden, and no record of his death can be found. Samuel’s brother in law said he was dead: we do not know why he lied, or perhaps the brothers were lying to keep his share, or another possibility is that Samuel himself told his brother in law to tell them that he was dead. I am inclined to think it was the latter.

Excerpts from Barbara Housley’s Narrative on the Letters continued:

Charles went to Australia in 1851, and was last heard from in January 1853. According to the solicitor, who wrote to George on June 3, 1874, Charles had received advances on the settlement of their parent’s estate. “Your promissory note with the two signed by your brother Charles for 20 pounds he received from his father and 20 pounds he received from his mother are now in the possession of the court.”

In December 1872, Joseph wrote: “I’m told that Charles two daughters has wrote to Smalley post office making inquiries about his share….” In January 1876, the solicitor wrote: “Charles Housley’s children have claimed their father’s share.”

In the Adelaide Observer 28 Aug 1875

HOUSLEY – wanted information
as to the Death, Will, or Intestacy, and
Children of Charles Housley, formerly of
Smalley, Derbyshire, England, who died at
Geelong or Creewick Creek Diggings, Victoria
August, 1855. His children will hear of something to their advantage by communicating with
Mr. A J. Flint, solicitor, Derby, England.
June 16,1875.

The Diggers & Diggings of Victoria in 1855. Drawn on Stone by S.T. Gill:

 

The court case:

 Kerry v Housley.
Documents: Bill, demurrer.
Plaintiffs: Samuel Kerry and Joseph Housley.
Defendants: William Housley, Joseph Housley (deleted), Edwin Welch Harvey, Eleanor Harvey (deleted), Ernest Harvey infant, William Stafford, Elizabeth Stafford his wife, Mary Ann Housley, George Purdy and Catherine Purdy his wife, Elizabeth Housley, Mary Ann Weston widow and William Heath and Ruth Heath his wife (deleted).
Provincial solicitor employed in Derbyshire.
Date: 1873

From the Narrative on the Letters:

The solicitor wrote on May 23, 1874: “Lately I have not written because I was not certain of your address and because I doubted I had much interesting news to tell you.” Later, Joseph wrote concerning the problems settling the estate, “You see dear brother there is only me here on our side and I cannot do much. I wish you were here to help me a bit and if you think of going for another summer trip this turn you might as well run over here.”

In March 1873, Joseph wrote: “You ask me what I think of you coming to England. I think as you have given the trustee power to sign for you I think you could do no good but I should like to see you once again for all that. I can’t say whether there would be anything amiss if you did come as you say it would be throwing good money after bad.”

In September 1872 Joseph wrote; “My wife is anxious to come. I hope it will suit her health for she is not over strong.” Elsewhere Joseph wrote that Harriet was “middling sometimes. She is subject to sick headaches. It knocks her up completely when they come on.” In December 1872 Joseph wrote, “Now dear brother about us coming to America you know we shall have to wait until this affair is settled and if it is not settled and thrown into Chancery I’m afraid we shall have to stay in England for I shall never be able to save money enough to bring me out and my family but I hope of better things.”
On July 19, 1875 Abraham Flint (the solicitor) wrote: “Joseph Housley has removed from Smalley and is working on some new foundry buildings at Little Chester near Derby. He lives at a village called Little Eaton near Derby. If you address your letter to him as Joseph Housley, carpenter, Little Eaton near Derby that will no doubt find him.”

In his last letter (February 11, 1874), Joseph sounded very discouraged and wrote that Harriet’s parents were very poorly and both had been “in bed for a long time.” In addition, Harriet and the children had been ill.
The move to Little Eaton may indicate that Joseph received his settlement because in August, 1873, he wrote: “I think this is bad news enough and bad luck too, but I have had little else since I came to live at Kiddsley cottages but perhaps it is all for the best if one could only think so. I have begun to think there will be no chance for us coming over to you for I am afraid there will not be so much left as will bring us out without it is settled very shortly but I don’t intend leaving this house until it is settled either one way or the other. ”

Joseph’s letters were much concerned with the settling of their mother’s estate. In 1854, Anne wrote, “As for my mother coming (to America) I think not at all likely. She is tied here with her property.” A solicitor, Abraham John Flint of 42 Full Street Derby, was engaged by John following the death of their mother. On June 30, 1873 the solicitor wrote: “Dear sir, On the death of your mother I was consulted by your brother John. I acted for him with reference to the sale and division of your father’s property at Smalley. Mr. Kerry was very unwilling to act as trustee being over 73 years of age but owing to the will being a badly drawn one we could not appoint another trustee in his place nor could the property be sold without a decree of chancery. Therefore Mr. Kerry consented and after a great deal of trouble with Heath who has opposed us all throughout whenever matters did not suit him, we found the title deeds and offered the property for sale by public auction on the 15th of July last. Heath could not find his purchase money without mortaging his property the solicitor which the mortgagee employed refused to accept Mr. Kerry’s title and owing to another defect in the will we could not compel them.”

In July 1872, Joseph wrote, “I do not know whether you can remember who the trustee was to my father’s will. It was Thomas Watson and Samuel Kerry of Smalley Green. Mr. Watson is dead (died a fortnight before mother) so Mr. Kerry has had to manage the affair.”

On Dec. 15, 1972, Joseph wrote, “Now about this property affair. It seems as far off of being settled as ever it was….” and in the following March wrote: “I think we are as far off as ever and farther I think.”

Concerning the property which was auctioned on July 15, 1872 and brought 700 pounds, Joseph wrote: “It was sold in five lots for building land and this man Heath bought up four lots–that is the big house, the croft and the cottages. The croft was made into two lots besides the piece belonging to the big house and the cottages and gardens was another lot and the little intake was another. William Richardson bought that.” Elsewhere Richardson’s purchase was described as “the little croft against Smith’s lane.” Smith’s Lane was probably named for their neighbor Daniel Smith, Mrs. Davy’s father.
But in December 1872, Joseph wrote that they had not received any money because “Mr. Heath is raising all kinds of objections to the will–something being worded wrong in the will.” In March 1873, Joseph “clarified” matters in this way: “His objection was that one trustee could not convey the property that his signature was not guarantee sufficient as it states in the will that both trustees has to sign the conveyance hence this bother.”
Joseph indicated that six shares were to come out of the 700 pounds besides Will’s 20 pounds. Children were to come in for the parents shares if dead. The solicitor wrote in 1873, “This of course refers to the Kidsley property in which you take a one seventh share and which if the property sells well may realize you about 60-80 pounds.” In March 1873 Joseph wrote: “You have an equal share with the rest in both lots of property, but I am afraid there will be but very little for any of us.”

The other “lot of property” was “property in Smalley left under another will.” On July 17, 1872, Joseph wrote: “It was left by my grandfather Carrington and Uncle Richard is trustee. He seems very backward in bringing the property to a sale but I saw him and told him that I for one expect him to proceed with it.” George seemed to have difficulty understanding that there were two pieces of property so Joseph explained further: “It was left by my grandfather Carrington not by our father and Uncle Richard is the trustee for it but the will does not give him power to sell without the signatures of the parties concerned.” In June 1873 the solicitor Abraham John Flint asked: “Nothing has been done about the other property at Smalley at present. It wants attention and the other parties have asked me to attend to it. Do you authorize me to see to it for you as well?”
After Ellen’s death, the rent was divided between Joseph, Will, Mary Ann and Mr. Heath who bought John’s share and was married to Mary Ann’s daughter, Ruth. Joseph said that Mr. Heath paid 40 pounds for John’s share and that John had drawn 110 pounds in advance. The solicitor said Heath said he paid 60. The solicitor said that Heath was trying to buy the shares of those at home to get control of the property and would have defied the absent ones to get anything.
In September 1872 Joseph wrote that the lawyer said the trustee cannot sell the property at the bottom of Smalley without the signatures of all parties concerned in it and it will have to go through chancery court which will be a great expense. He advised Joseph to sell his share and Joseph advised George to do the same.

George sent a “portrait” so that it could be established that it was really him–still living and due a share. Joseph wrote (July 1872): “the trustee was quite willing to (acknowledge you) for the portrait I think is a very good one.” Several letters later in response to an inquiry from George, Joseph wrote: “The trustee recognized you in a minute…I have not shown it to Mary Ann for we are not on good terms….Parties that I have shown it to own you again but they say it is a deal like John. It is something like him, but I think is more like myself.”
In September 1872 Joseph wrote that the lawyer required all of their ages and they would have to pay “succession duty”. Joseph requested that George send a list of birth dates.

On May 23, 1874, the solicitor wrote: “I have been offered 240 pounds for the three cottages and the little house. They sold for 200 pounds at the last sale and then I was offered 700 pounds for the whole lot except Richardson’s Heanor piece for which he is still willing to give 58 pounds. Thus you see that the value of the estate has very materially increased since the last sale so that this delay has been beneficial to your interests than other-wise. Coal has become much dearer and they suppose there is coal under this estate. There are many enquiries about it and I believe it will realize 800 pounds or more which increase will more than cover all expenses.” Eventually the solicitor wrote that the property had been sold for 916 pounds and George would take a one-ninth share.

January 14, 1876:  “I am very sorry to hear of your lameness and illness but I trust that you are now better. This matter as I informed you had to stand over until December since when all the costs and expenses have been taxed and passed by the court and I am expecting to receive the order for these this next week, then we have to pay the legacy duty and them divide the residue which I doubt won’t come to very much amongst so many of you. But you will hear from me towards the end of the month or early next month when I shall have to send you the papers to sign for your share. I can’t tell you how much it will be at present as I shall have to deduct your share with the others of the first sale made of the property before it went to court.
Wishing you a Happy New Year, I am Dear Sir, Yours truly
Abram J. Flint”

September 15, 1876 (the last letter)
“I duly received your power of attorney which appears to have been properly executed on Thursday last and I sent it on to my London agent, Mr. Henry Lyvell, who happens just now to be away for his annual vacation and will not return for 14 or 20 days and as his signature is required by the Paymaster General before he will pay out your share, it must consequently stand over and await his return home. It shall however receive immediate attention as soon as he returns and I hope to be able to send your checque for the balance very shortly.”

1874 in chancery:

When he had been hit by the blow of the watermelbombs and the furious lady he had come to rescue, Akita found himself in a strange peaceful place. He was getting bits of what was happening, but the will to resist and fight seemed vanished in a distant scene he was only distantly aware of.
He was seeing Kay, his spirit dog beside him, beckoning him to another place of white luminous and warm peacefulness.

“Am I dying” he asked, feeling the answer to the question wasn’t very important.
“Don’t be silly” the dog said mentally “Just let go for a moment, it’ll make things easier for you to get out of this place to another one you’d prefer”
“I’m not sure going anywhere is so important, being here reminds me of something long forgotten”
“Yes, you know this place, you’re drawing to you some memories of others of your focuses, explorers from your time and also ancient dwellers, in a very very distant past. These living memories will help you.”
“You were there too, configured differently but I remember you from there”
“Yes” the dog nodded “you had a pack of dogs in one of these explorer focuses. I was the alpha one, see…”

Some scenes moved in the white foam sprinkled with diamond dust like he was seeing through openings in a crystal cave. All was so clear it was elating.

“But we’re never going to get out of this place, not without a boat, a plane, not without a compass… and not without a brain!” he was being drawn back to where his body was, wrapped in the warm snet, jumping on the back of the snow scooter. “These women will lead us to a sure death, and pretty fast!”
“Just relax, even if they don’t give that impression, they know what they are doing. They focus on what they want, and they trust. They can’t see the dead-ends you are seeing. Sometimes you get caught up in those other memories of yours. You’ve read adventures of Antarctica explorers, most of them were drama, but it doesn’t have to be the same broken record now, you’re going to love that time if you choose to…”
“They’re so focused on themselves it’s hard to believe you. They wouldn’t see a leopard seal as a threat even if it was at their throats!”
“But they wouldn’t even draw the predator to them in the first place.” Kay was saying warmly “Have a little faith in them, there is a surprise coming along that’ll show you beyond a shred of doubt that their allowing for miracles is fairly titanic.”
“Titanic, yes… Now tell me I shouldn’t worry with all those icebergs!”
“Indeed” Kay said with a hint of mischief in its ethereal voice “Now, let’s wake up and have some fun!”