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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:

Kidsley Grange Farm and The Quakers Next Door

Kidsley Grange Farm in Smalley, Derbyshire, was the home of the Housleys in the 1800s.  William Housley 1781-1848 was born in nearby Selston.   His wife Ellen Carrington 1795-1872 was from a long line of Carringtons in Smalley.  They had ten children between 1815 and 1838.  Samuel, my 3x great grandfather, was the second son born in 1816.

The original farm has been made into a nursing home in recent years, which at the time of writing is up for sale at £500,000. Sadly none of the original farm appears visible with all the new additions.

The farm before it was turned into a nursing home:

Kidsley Grange Farm and Kidsley Park, a neighbouring farm, are mentioned in a little book about the history of Smalley.  The neighbours at Kidsley Park, the Davy’s,  were friends of the Housleys. They were Quakers.

In Kerry’s History of Smalley:

Kidsley Park Farm was owned by Daniel Smith,  a prominent Quaker and the last of the Quakers at Kidsley. His daughter, Elizabeth Davy, widow of William Davis, married WH Barber MB of Smalley. Elizabeth was the author of the poem “Farewell to Kidsley Park”.

Emma Housley sent one of Elizabeth Davy’s poems to her brother George in USA.

 “We have sent you a piece of poetry that Mrs. Davy composed about our ‘Old House.’ I am sure you will like it though you may not understand all the allusions she makes use of as well as we do.”

Farewell to Kidsley Park
Farewell, Farewell, Thy pathways now by strangers feet are trod,
And other hands and horses strange henceforth shall turn thy sod,
Yes, other eyes may watch the buds expanding in the spring.
And other children round the hearth the coming years may bring,
But mine will be the memory of cares and pleasures there,
Intenser ~ that no living thing in some of them can share,
Commencing with the loved, and lost, in days of long ago,
When one was present on whose head Atlantic’s breezes blow,
Long years ago he left that roof, and made a home afar ~
For that is really only “home” where life’s affections are!
How many thoughts come o’er me, for old Kidsley has “a name
And memory” ~ in the hearts of some not unknown to fame.
We dream not, in those happy times, that I should be the last,
Alone, to leave my native place ~ alone, to meet the blast,
I loved each nook and corner there, each leaf and blade of grass,
Each moonlight shadow on the pond I loved: but let it pass,
For mine is still the memory that only death can mar;
I fancy I shall see it reflecting every star.
The graves of buried quadrupeds, affectionate and true,
Will have the olden sunshine, and the same bright morning dew,
But the birds that sang at even when the autumn leaves were seer,
Will miss the crumbs they used to get, in winters long and drear.
Will the poor down-trodden miss me? God help them if they do!
Some manna in the wilderness, His goodness guide them to!
Farewell to those who love me! I shall bear them still in mind,
And hope to be remembered by those I left behind:
Do not forget the aged man ~ though another fills his place ~
Another, bearing not his name, nor coming of his race.
His creed might be peculiar; but there was much of good
Successors will not imitate, because not understood.
Two hundred years have come and past since George Fox ~ first of “Friends” ~
Established his religion there ~ which my departure ends.
Then be it so: God prosper these in basket and in store,
And make them happy in my place ~ my dwelling, never more!
For I may be a wanderer ~ no roof nor hearthstone mine:
May light that cometh from above my resting place define.
Gloom hovers o’er the prospect now, but He who was my friend,
In the midst of troubled waters, will see me to the end.

Elizabeth Davy, June 6th, 1863, Derby.

Another excerpt from Barbara Housley’s Narrative on the Letters from the family in Smalley to George in USA mentions the Davy’s:

Anne’s will was probated October 14, 1856. Mr. William Davy of Kidsley Park appeared for the family. Her estate was valued at under £20. Emma was to receive fancy needlework, a four post bedstead, feather bed and bedding, a mahogany chest of drawers, plates, linen and china. Emma was also to receive Anne’s writing desk! There was a condition that Ellen would have use of these items until her death.
The money that Anne was to receive from her grandfather, William Carrington, and her father, William Housley was to be distributed one third to Joseph, one third to Emma, and one third to be divided between her four neices: John’s daughter Elizabeth, 18, and Sam’s daughters Elizabeth, 10, Mary Anne, 9 and Catherine, age 7 to be paid by the trustees as they think “most useful and proper.” Emma Lyon and Elizabeth Davy were the witnesses.

Mrs. Davy wrote to George on March 21 1856 sending some gifts from his sisters and a portrait of their mother–“Emma is away yet and A is so much worse.” Mrs. Davy concluded: “With best wishes
 for thy health and prosperity in this world and the next I am thy sincere friend.” Whenever the girls sent greetings from Mrs. Davy they used her Quaker speech pattern of “thee and thy.”

 

Phyllis Ellen Marshall

1909 – 1983

Phyllis, my grandfather George Marshall’s sister, never married. She lived in her parents home in Love Lane, and spent decades of her later life bedridden, living alone and crippled with rheumatoid arthritis. She had her bed in the front downstairs room, and had cords hanging by her bed to open the curtains, turn on the tv and so on, and she had carers and meals on wheels visit her daily. The room was dark and grim, but Phyllis was always smiling and cheerful.  Phyllis loved the Degas ballerinas and had a couple of prints on the walls.

I remember visiting her, but it has only recently registered that this was my great grandparents house. When I was a child, we visited her and she indicated a tin on a chest of drawers and said I could take a biscuit. It was a lemon puff, and was the stalest biscuit I’d ever had. To be polite I ate it. Then she offered me another one! I declined, but she thought I was being polite and said “Go on! You can have another!” I ate another one, and have never eaten a lemon puff since that day.

Phyllis’s nephew Bryan Marshall used to visit her regularly. I didn’t realize how close they were until recently, when I resumed contact with Bryan, who emigrated to USA in the 1970s following a successful application for a job selling stained glass windows and church furnishings.

I asked on a Stourbridge facebook group if anyone remembered her.

AF  Yes I remember her. My friend and I used to go up from Longlands school every Friday afternoon to do jobs for her. I remember she had a record player and we used to put her 45rpm record on Send in the Clowns for her. Such a lovely lady. She had her bed in the front room.

KW I remember very clearly a lady in a small house in Love Lane with alley at the left hand.  I was intrigued by this lady who used to sit with the front door open and she was in a large chair of some sort. I used to see people going in and out and the lady was smiling. I was young then (31) and wondered how she coped but my sense was she had lots of help.  I’ve never forgotten that lady in Love Lane sitting in the open door way I suppose when it was warm enough.

LR I used to deliver meals on wheels to her lovely lady.

I sent Bryan the comments from the Stourbridge group and he replied:

Thanks Tracy. I don’t recognize the names here but lovely to see such kind comments.
In the early 70’s neighbors on Corser Street, Mr. & Mrs. Walter Braithwaite would pop around with occasional visits and meals. Walter was my piano teacher for awhile when I was in my early twenties. He was a well known music teacher at Rudolph Steiner School (former Elmfield School) on Love Lane. A very fine school. I seem to recall seeing a good article on Walter recently…perhaps on the Stourbridge News website. He was very well known.
I’m ruminating about life with my Aunt Phyllis. We were very close. Our extra special time was every Saturday at 5pm (I seem to recall) we’d watch Doctor Who. Right from the first episode. We loved it. Likewise I’d do the children’s crossword out of Woman’s Realm magazine…always looking to win a camera but never did ! She opened my mind to the Bible, music and ballet. She once got tickets and had a taxi take us into Birmingham to see the Bolshoi Ballet…at a time when they rarely left their country. It was a very big deal in the early 60’s. ! I’ve many fond memories about her and grandad which I’ll share in due course. I’d change the steel needle on the old record player, following each play of the 78rpm records…oh my…another world.

Bryan continues reminiscing about Phyllis in further correspondence:

Yes, I can recall those two Degas prints. I don’t know much of Phyllis’ early history other than she was a hairdresser in Birmingham. I want to say at John Lewis, for some reason (so there must have been a connection and being such a large store I bet they did have a salon?)
You will know that she had severe and debilitating rheumatoid arthritis that eventually gnarled her hands and moved through her body. I remember strapping on her leg/foot braces and hearing her writhe in pain as I did so but she wanted to continue walking standing/ getting up as long as she could. I’d take her out in the wheelchair and I can’t believe I say it along …but down Stanley Road!! (I had subsequent nightmares about what could have happened to her, had I tripped or let go!) She loved Mary Stevens Park, the swans, ducks and of course Canadian geese. Was grateful for everything in creation. As I used to go over Hanbury Hill on my visit to Love Lane, she would always remind me to smell the “sea-air” as I crested the hill.
In the earlier days she smoked cigarettes with one of those long filters…looking like someone from the twenties.

I’ll check on “Send in the clowns”. I do recall that music. I remember also she loved to hear Neil Diamond. Her favorites in classical music gave me an appreciation of Elgar and Delius especially. She also loved ballet music such as Swan Lake and Nutcracker. Scheherazade and La Boutique Fantastic also other gems.
When grandad died she and aunt Dorothy shared more about grandma (who died I believe when John and I were nine-months old…therefore early 1951). Grandma (Mary Ann Gilman Purdy) played the piano and loved Strauss and Offenbach. The piano in the picture you sent had a bad (wonky) leg which would fall off and when we had the piano at 4, Mount Road it was rather dangerous. In any event my parents didn’t want me or others “banging on it” for fear of waking the younger brothers so it disappeared at sometime.
By the way, the dog, Flossy was always so rambunctious (of course, she was a JRT!) she was put on the stairway which fortunately had a door on it. Having said that I’ve always loved dogs so was very excited to see her and disappointed when she was not around. 

Phyllis with her parents William and Mary Marshall, and Flossie the dog in the garden at Love Lane:

Bryan continues:

I’ll always remember the early days with the outside toilet with the overhead cistern caked in active BIG spider webs. I used to have to light a candle to go outside, shielding the flame until destination. In that space I’d set the candle down and watch the eery shadows move from side to side whilst…well anyway! Then I’d run like hell back into the house. Eventually the kitchen wall was broken through so it became an indoor loo. Phew!
In the early days the house was rented for ten-shillings a week…I know because I used to take over a ten-bob-note to a grumpy lady next door who used to sign the receipt in the rent book. Then, I think she died and it became available for $600.00 yes…the whole house for $600.00 but it wasn’t purchased then. Eventually aunt Phyllis purchased it some years later…perhaps when grandad died.

I used to work much in the back garden which was a lovely walled garden with arch-type decorations in the brickwork and semicircular shaped capping bricks. The abundant apple tree. Raspberry and loganberry canes. A gooseberry bush and huge Victoria plum tree on the wall at the bottom of the garden which became a wonderful attraction for wasps! (grandad called the “whasps”). He would stew apples and fruit daily.
Do you remember their black and white cat Twinky? Always sat on the pink-screen TV and when she died they were convinced that “that’s wot got ‘er”. Grandad of course loved all his cats and as he aged, he named them all “Billy”.

Have you come across the name “Featherstone” in grandma’s name. I don’t recall any details but Dorothy used to recall this. She did much searching of the family history Such a pity she didn’t hand anything on to anyone. She also said that we had a member of the family who worked with James Watt….but likewise I don’t have details.
Gifts of chocolates to Phyllis were regular and I became the recipient of the overflow!

What a pity Dorothy’s family history research has disappeared!  I have found the Featherstone’s, and the Purdy who worked with James Watt, but I wonder what else Dorothy knew.

I mentioned DH Lawrence to Bryan, and the connection to Eastwood, where Bryan’s grandma (and Phyllis’s mother) Mary Ann Gilman Purdy was born, and shared with him the story about Francis Purdy, the Primitive Methodist minister, and about Francis’s son William who invented the miners lamp.

He replied:

As a nosy young man I was looking through the family bookcase in Love Lane and came across a brown paper covered book. Intrigued, I found “Sons and Lovers” D.H. Lawrence. I knew it was a taboo book (in those days) as I was growing up but now I see the deeper connection. Of course! I know that Phyllis had I think an earlier boyfriend by the name of Maurice who lived in Perry Barr, Birmingham. I think he later married but was always kind enough to send her a book and fond message each birthday (Feb.12). I guess you know grandad’s birthday – July 28. We’d always celebrate those days. I’d usually be the one to go into Oldswinford and get him a cardigan or pullover and later on, his 2oz tins of St. Bruno tobacco for his pipe (I recall the room filled with smoke as he puffed away).
Dorothy and Phyllis always spoke of their ancestor’s vocation as a Minister. So glad to have this history! Wow, what a story too. The Lord rescued him from mischief indeed. Just goes to show how God can change hearts…one at a time.
So interesting to hear about the Miner’s Lamp. My vicar whilst growing up at St. John’s in Stourbridge was from Durham and each Harvest Festival, there would be a miner’s lamp placed upon the altar as a symbol of the colliery and the bountiful harvest.

More recollections from Bryan about the house and garden at Love Lane:

I always recall tea around the three legged oak table bedecked with a colorful seersucker cloth. Battenburg cake. Jam Roll. Rich Tea and Digestive biscuits. Mr. Kipling’s exceedingly good cakes! Home-made jam.  Loose tea from the Coronation tin cannister. The ancient mangle outside the back door and the galvanized steel wash tub with hand-operated agitator on the underside of the lid. The hand operated water pump ‘though modernisation allowed for a cold tap only inside, above the single sink and wooden draining board. A small gas stove and very little room for food preparation. Amazing how the Marshalls (×7) managed in this space!

The small window over the sink in the kitchen brought in little light since the neighbor built on a bathroom annex at the back of their house, leaving #47 with limited light, much to to upset of grandad and Phyllis. I do recall it being a gloomy place..i.e.the kitchen and back room.

The garden was lovely. Long and narrow with privet hedge dividing the properties on the right and the lovely wall on the left. Dorothy planted spectacular lilac bushes against the wall. Vivid blues, purples and whites. Double-flora. Amazing…and with stunning fragrance. Grandad loved older victorian type plants such as foxgloves and comfrey. Forget-me-nots and marigolds (calendulas) in abundance.  Rhubarb stalks. Always plantings of lettuce and other vegetables. Lots of mint too! A large varigated laurel bush outside the front door!

Such a pleasant walk through the past. 

An autograph book belonging to Phyllis from the 1920s has survived in which each friend painted a little picture, drew a cartoon, or wrote a verse.  This entry is perhaps my favourite:

Murder At The Bennistons

We don’t know exactly what happened immediately after the death of Catherine Housley’s mother in 1849, but by 1850 the two older daughters Elizabeth and Mary Anne were inmates in Belper Workhouse.  Catherine was just six weeks old, so presumably she was with a wet nurse, possibly even prior to her mothers death.  By 1851, according to the census, she was living in Heanor, a small town near to Smalley,  with John Benniston, a framework knitter, and his family. Framework knitters (abbreviated to FWK should you happen to see it on a census) rented a large loom and made stockings and everyone in the family helped. Often the occupation of other household members would be “seamer”: they would stitch the stocking seams together.  Catherine was still living with the Bennistons ten years later in 1861.

I read some chapters of a thesis on the south Derbyshire poor in the 1800s and found some illuminating information about indentured apprenticeship of children especially if one parent died. It was not at all uncommon,  and framework knitters in particular often had indentured apprentices.  It was a way to ensure the child was fed and learned a skill.  Children commonly worked from the age of ten or 12 anyway. They were usually placed walking distance of the family home and maintained contact. The indenture could be paid by the parish poor fund, which cost them slightly less than sending them to the poorhouse, and could be paid off by a parent if circumstances improved to release the child from the apprenticeship.
A child who was an indentured apprentice would continue a normal life after the term of apprenticeship, usually still in contact with family locally.

I found a newspaper article titled “Child Murder at Heanor” dated 1858.

A 23 year old lodger at the Bennistons, Hannah Cresswell, apparently murdered a new born baby that she gave birth to in the privy, which the midwife took away and had buried as a still birth. The baby was exhumed after an anonymous tip off from a neighbour, citing that it was the 4th such incident. Catherine Housley would have been nine years old at the time.

Subsequent newspaper articles indicate that the case was thrown out, despite the doctors evidence that the baby had been beaten to death.

In July 1858 the inquest was held in the King of Prussia,  on the Hannah Cresswell baby murder at the Bennistons.

The King of Prussia, Heanor, in 1860:

The Liverpool Fires

Catherine Housley had two older sisters, Elizabeth 1845-1883 and Mary Anne 1846-1935.  Both Elizabeth and Mary Anne grew up in the Belper workhouse after their mother died, and their father was jailed for failing to maintain his three children.  Mary Anne married Samuel Gilman and they had a grocers shop in Buxton.  Elizabeth married in Liverpool in 1873.

What was she doing in Liverpool? How did she meet William George Stafford?

According to the census, Elizabeth Housley was in Belper workhouse in 1851. In 1861, aged 16,  she was a servant in the household of Peter Lyon, a baker in Derby St Peters.  We noticed that the Lyon’s were friends of the family and were mentioned in the letters to George in Pennsylvania.

No record of Elizabeth can be found on the 1871 census, but in 1872 the birth and death was registered of Elizabeth and William’s child, Elizabeth Jane Stafford. The parents are registered as William and Elizabeth Stafford, although they were not yet married. William’s occupation is a “refiner”.

In April, 1873, a Fatal Fire is reported in the Liverpool Mercury. Fearful Termination of a Saturday Night Debauch. Seven Persons Burnt To Death.  Interesting to note in the article that “the middle room being let off to a coloured man named William Stafford and his wife”.

We had noted on the census that William Stafford place of birth was “Africa, British subject” but it had not occurred to us that he was “coloured”.  A register of birth has not yet been found for William and it is not known where in Africa he was born.

Elizabeth and William survived the fire on Gay Street, and were still living on Gay Street in October 1873 when they got married.

William’s occupation on the marriage register is sugar refiner, and his father is Peter Stafford, farmer. Elizabeth’s father is Samuel Housley, plumber. It does not say Samuel Housley deceased, so perhaps we can assume that Samuel is still alive in 1873.

Eliza Florence Stafford, their second daughter, was born in 1876.

William’s occupation on the 1881 census is “fireman”, in his case, a fire stoker at the sugar refinery, an unpleasant and dangerous job for which they were paid slightly more. William, Elizabeth and Eliza were living in Byrom Terrace.

Byrom Terrace, Liverpool, in 1933

Elizabeth died of heart problems in 1883, when Eliza was six years old, and in 1891 her father died, scalded to death in a tragic accident at the sugar refinery.

Eliza, aged 15, was living as an inmate at the Walton on the Hill Institution in 1891. It’s not clear when she was admitted to the workhouse, perhaps after her mother died in 1883.

In 1901 Eliza Florence Stafford is a 24 year old live in laundrymaid, according to the census, living in West Derby  (a part of Liverpool, and not actually in Derby).  On the 1911 census there is a Florence Stafford listed  as an unnmarried laundress, with a daughter called Florence.  In 1901 census she was a laundrymaid in West Derby, Liverpool, and the daughter Florence Stafford was born in 1904 West Derby.  It’s likely that this is Eliza Florence, but nothing further has been found so far.

The questions remaining are the location of William’s birth, the name of his mother and his family background, what happened to Eliza and her daughter after 1911, and how did Elizabeth meet William in the first place.

William Stafford was a seaman prior to working in the sugar refinery, and he appears on several ship’s crew lists.  Nothing so far has indicated where he might have been born, or where his father came from.

Some months after finding the newspaper article about the fire on Gay Street, I saw an unusual request for information on the Liverpool genealogy group. Someone asked if anyone knew of a fire in Liverpool in the 1870’s.  She had watched a programme about children recalling past lives, in this case a memory of a fire. The child recalled pushing her sister into a burning straw mattress by accident, as she attempted to save her from a falling beam.  I watched the episode in question hoping for more information to confirm if this was the same fire, but details were scant and it’s impossible to say for sure.

William Marshall’s Parents

William Marshall  1876-1968, my great grandfather, married Mary Ann Gilman Purdy in Buxton. We assumed that both their families came from Buxton, but this was not the case.  The Marshall’s came from Elton, near Matlock; the Purdy’s from Eastwood, Nottinghamshire.

William Marshall, seated in centre, with colleagues from the insurance company:

William and all his siblings were born in Fairfield in Buxton. But both Emma Featherstone 1847-1928, his mother, and John Marshall 1842-1930, his father, came from rural Derbyshire. Emma from Ashbourne (or Biggin, Newhaven, or Hartington, depending on what she chose to put on the census, which are all tiny rural places in the same area).

Emma and John Marshall in the middle, photo says “William Marshall’s parents” on the back:

John Marshall was a carter, later a coal carter, and was born in Elton, Derbyshire. Elton is a rural village near to Matlock. He was unable to write (at least at the time of his wedding) but Emma signed her own name.

In 1851 Emma is 3 or 4 years old living with family at the Jug and Glass Inn, Hartington. In 1861 Emma was a 14 year old servant at a 112 acre farm, Heathcote, but her parents were still living at the Jug and Glass. Emma Featherstone’s parents both died when she was 18, in 1865.
In 1871 she was a servant at Old House Farm, Nether Hartington Quarter, Ashborne.

On the census, a female apprentice was listed as a servant, a boy as an apprentice. It seems to have been quite normal, at least that’s what I’ve found so far,  for all teenagers to go and live in another household to learn a trade, to be independent from the parents, and so doesn’t necessarily mean a servant as we would think of it. Often they stayed with family friends, and usually married in their early twenties and had their own household ~ often with a “servant” or teenager from someone else’s family.

The only marriage I could find for Emma and John was in Manchester in 1873, which didn’t make much sense. If Emma was single on the 1871 census, and her first child James was born in 1873, her marriage had to be between those dates. But the marriage register in Manchester appears to be correct, John was a carter, Emma’s father was Francis Featherstone. But why Manchester?

I noticed that the witnesses to the marriage were Francis and Elizabeth Featherstone. He father was Francis, but who was Elizabeth? Emma’s mother was Sarah. Then I found that Emma’s brother Francis married Elizabeth, and they lived in Manchester on the 1871 census. Henry Street, Ardwick. Emma and John’s address on the marriage register is Emily Street, Ardwick. Both of them at the same address.

The marriage was in February 1873, and James, the first child was born in July, 1873, in Buxton.

It would seem that Emma and John had to get married, hence the move to Manchester where her brother was, and then quickly moved to Buxton for the birth of the child.  It was far from uncommon, I’ve found while making notes of dates in registers, for a first child to be born six or 7 months after the wedding.

Emma died in 1928 at the age of 80, two years before her husband John. She left him a little money in her will! This seems unusual so perhaps she had her own money, possibly from the death of her parents before she married, and perhaps from the sale of the Jug and Glass.

I found a photo of the Jug and Glass online.  It looks just like the pub I’d seen in my family history meditations on a number of occasions:

The Woman in the Portrait: Catherine Housley’s Mother
“The One I Ruined”

I was living in England at the time of my great aunts deaths in 1983, both Dorothy Tooby and Phyllis Marshall, when this portrait came to be in my possession via their brother, my grandfather George Marshall. There was some damage on the mouth. I mentioned it at work and my boss said he had a friend who could fix it, but when I eventually got it back it was much worse. Since then, this portrait has been known as “the one I ruined”.

This picture remains a mystery, even though we know her name now. She appears to be in mourning. She doesn’t appear to be too poor, or unhealthy. And yet Elizabeth died at just thirty years of age of TB and her children were in the workhouse a year later.

On closer inspection, the portrait could be a photograph that has been painted over, but it’s considerably larger than any of the usual photographs of the time. Is there a possibility that the picture was made later, after her death, in memory of her?  This seems to be the likeliest explanation.

Mary Ann Gilman Purdy

1880-1950

Mary Ann was my grandfather George Marshall’s mother. She died in 1950, seven years before I was born. She has been referred to more often than not, since her death, as Mary Ann Gilman Purdy, rather than Mary Marshall. She was from Buxton, so we believed, as was her husband William Marshall. There are family photos of the Gilmans, grocers in Buxton, and we knew that Mary Ann was brought up by them. My grandfather, her son, said that she thought very highly of the Gilman’s, and added the Gilman name to her birth name of Purdy.

The 1891 census in Buxton:

(Mary Ann’s aunt, Mrs Gilman, was also called Mary Anne, but spelled with an E.)

Samuel Gilman 1846-1909, and Mary Anne (Housley) Gilman  1846-1935,  in Buxton:

What we didn’t know was why Mary Ann (and her sister Ellen/Nellie, we later found) grew up with the Gilman’s. But Mary Ann wasn’t born in Buxton, Derbyshire, she was born in Eastwood, Nottinghamshire. When the search moved to Nottingham, we found the Purdy’s.

George Purdy 1848-1935, Mary Ann’s father:

Mary Ann’s parents were George Purdy of Eastwood, and Catherine Housley of Smalley.

Catherine Housley 1849-1884, Mary Ann’s mother:

Mary Ann was four years old when her mother died. She had three sisters and one brother. George Purdy remarried and kept the two older daughters, and the young son with him. The two younger daughters, Mary Ann and Nellie, went to live with Catherine’s sister, also called Mary Anne, and her husband Samuel Gilman. They had no children of their own. One of the older daughters who stayed with their father was Kate , whose son George Gilman Rushby, went to Africa. But that is another chapter.

George was the son of Francis Purdy and his second wife Jane Eaton. Francis had some twenty children, and is believed in Eastwood to be the reason why there are so many Purdy’s.

The woman who was a mother to Mary Ann and who she thought very highly of, her mothers sister, spent her childhood in the Belper Workhouse. She and her older sister Elizabeth were admitted in June, 1850, the reason: father in prison. Their mother had died the previous year. Mary Anne Housley, Catherine’s sister, married Samuel Gilman, and looked after her dead sisters children.

Mary Ann Gilman Purdy Marshalls recipes written on the back of the Gilmans Grocers paper:

Helper Belper: “Let’s start at the beginning.”

When I found a huge free genealogy tree website with lots of our family already on it, I couldn’t believe my luck. Quite soon after a perusal, I found I had a number of questions. Was it really possible that our Warren family tree had been traced back to 500AD? I asked on a genealogy forum: only if you can latch onto an aristocratic line somewhere, in which case that lineage will be already documented, as normally parish records only go back to the 1600s, if you are lucky. It is very hard to prove and the validity of it met with some not inconsiderable skepticism among the long term hard core genealogists. This is not to say that it isn’t possible, but is more likely a response to the obvious desire of many to be able to trace their lineage back to some kind of royalty, regardless of the documentation and proof.

Another question I had on this particular website was about the entries attached to Catherine Housley that made no sense. The immense public family tree there that anyone can add to had Catherine Housley’s mother as Catherine Marriot. But Catherine Marriot had another daughter called Catherine, two years before our Catherine was born, who didn’t die beforehand. It wasn’t unusual to name another child the same name if an earlier one had died in infancy, but this wasn’t the case.

I asked this question on a British Genealogy forum, and learned that other people’s family trees are never to be trusted. One should always start with oneself, and trace back with documentation every step of the way. Fortified with all kinds of helpful information, I still couldn’t find out who Catherine Housley’s mother was, so I posted her portrait on the forum and asked for help to find her. Among the many helpful replies, one of the members asked if she could send me a private message. She had never had the urge to help someone find a person before, but felt a compulsion to find Catherine Housley’s mother. Eight months later and counting at time of writing, and she is still my most amazing Helper. The first thing she said in the message was “Right. Let’s start at the beginning. What do you know for sure.” I said Mary Ann Gilman Purdy, my great grandmother, and we started from there.

Fran found all the documentation and proof, a perfect and necessary compliment to my own haphazard meanderings. She taught me how to find the proof, how to spot inconsistencies, and what to look for and where.  I still continue my own haphazard wanderings as well, which also bear fruit.

It was decided to order the birth certificate, a paper copy that could be stuck onto the back of the portrait, so my mother in Wales ordered it as she has the portrait. When it arrived, she read the names of Catherine’s parents to me over the phone. We were expecting it to be John Housley and Sarah Baggaley. But it wasn’t! It was his brother Samuel Housley and Elizabeth Brookes! I had been looking at the photograph of the portrait thinking it was Catherine Marriot, then looking at it thinking her name was Sarah Baggaley, and now the woman in the portrait was Elizabeth Brookes. And she was from Wolverhampton. My helper, unknown to me, had ordered a digital copy, which arrived the same day.

Months later, Fran, visiting friends in Derby,  made a special trip to Smalley, a tiny village not far from Derby, to look for Housley gravestones in the two churchyards.  There are numerous Housley burials registered in the Smalley parish records, but she could only find one Housley grave, that of Sarah Baggaley.  Unfortunately the documentation had already proved that Sarah was not the woman in the portrait, Catherine Housley’s mother, but Catherine’s aunt.

Sarah Housley nee Baggaley’s grave stone in Smalley: