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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:

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:

“Did someone say drinks are on the house?” asked Rosamund, pushing past the burly bouncer as she entered the pub.  “What’s your name, handsome?”

“Percival,” the bouncer replied with a wry grin.  “Yeah I know, doesn’t fit the image.”

Rosamund looked him up and down while simultaneously flicking a bit of food from between her teeth with a credit card.  “I keep forgetting to buy dental floss,” she said.

“Is that really necessary?” hissed Tara. “Is that moving the plot forward?”

“Careful now,” Star said, “Your Liz is showing.”

“I’ll be away for a while on an important mission,” Rosamund said to Percival, “But give me your number and I’ll call you when I get back.”

“The trip is cancelled, you’re not going anywhere,” Star told her, “Except to the shop to buy dental floss.”

“Will someone please tell me why we’re talking about dental floss when we have this serious case to solve?” Tara sounded exasperated, and glared at Rosamund.  What a brazen hussy she was!

“I’m glad you mentioned it!” piped up a middle aged lady sitting at the corner table. “I have run out of dental floss too.”

“See?” said Rosamund.  “You never can tell how helpful you are when you just act yourself and let it flow.  Now tell me why I’m not going to New Zealand? I already packed my suitcase!”

“Because it seems that New Zealand has come to us,” replied Star, “Or should I say, the signs of the cult are everywhere.  It’s not so much a case of finding the cult as a case of, well finding somewhere the cult hasn’t already infected.  And as for April,” she continued, “She changes her story every five minutes, I think we should ignore everything she says from now on. Nothing but a distraction.”

“That’s it!” exclaimed Tara. “Exactly! Distraction tactics!  A well known ruse, tried and tested.  She has been sent to us to distract us from the case. She isn’t a new client. She’s a red herring for the old clients enemies.”

“Oh, good one, Tara,” Star was impressed. Tara could be an abusive drunk, but some of the things she blurted out were pure gold.  Or had a grain of gold in them, it would be more accurate to say. A certain perspicacity shone through at times when she was well lubricated.  “Perhaps we should lock her back in the wardrobe for the time being until we’ve worked out what to do with her.”

“You’re right, Star, we must restrain her….oy! oy!  Percival, catch that fleeing aunt at once!”  April had made a dash for it out of the pub door.  The burly bouncer missed his chance. April legged it up the road and disappeared round the corner.

“That’s entirely your fault, Rosamund,” Tara spat, “Distracting the man from his duties, you rancid little strumpet!”

“Oh I say, that’s going a bit far,” interjected the middle aged lady sitting at the corner table.

“What’s it got to do with you?” Tara turned on her.

“This,” the woman replied with a smugly Trumpish smile. She pulled her trouser leg up to reveal a bell bird tattoo.

“Oh my fucking god,” Tara was close to tears again.

“What a load of rubbish,” said Star later. “I don’t believe a word of it. Well, except for the part about Vince French not being in a coma, that bit rang true. But the rest of it’s downright nonsense, if you ask me.”

Tara waved to the waiter and ordered another two gin and tonics.  The Bell Bird Inn was conveniently located mid way between the office and their apartment, and needless to say, they were regulars.

“There’s definitely something fishy going on with April’s story,” Tara agreed. “The wardrobe, for instance. Those notes with the same handwriting.  I don’t believe she’s filthy rich, either. Nobody who is filthy rich ever says “I’m filthy rich”.”

“How would you know? How many filthy rich people do you hobnob with, then?”

“Let’s not get off the point!” Star cried, exasperated. “What are we going to do?”

“May as well start at the bottom and work our way up. Vince’s bottom. All we need to do is find Vince’s tattoo and we’ll have found Vince.  It’s fiendishly simple!” Tara looked smug.

“Oh, right,” said Star when she found her voice. “Right. Because it’s just so easy to peruse bottom tattoos on the general public.”

Tara giggled. “Don’t be silly. This is where we use our special unofficial skills. Remote viewing.”

“But where do we start?”

“Set the intention, and trust your intuition. Oh come on,” Star’s lack of enthusiasm was becoming tedious. “It will be fun!”

BOARD 8

Mater in fitting red gabardine is enjoying some quality time with her grand-daughter. Prune is working hard to get her first baby rocket to Mars.

The Time-travelling Drag Queens Reginald, Amar and Cedric have finally summoned St Germain’s crystal and are getting ready for the disco party, while worrying about being underdressed for such occasion.

Phurt is not happy about her assignment on this island. Bloody too small! she says. What am I supposed to eat? Coconuts?

Sense rolled case diary himself
Distance says travelling nearly happens
Lots wanted ignoring suddenly mass
Slammed search rukshan messages locking
Dusty careful liked floating ailill
Vision jasper habit became lavatory
Thick fair landed olli gold
Love enjoying mavis shape lived
Anxiety doubts army gecko

“Well one of you isn’t going either!” Rosamund shouted through the door, as Tara and Star headed out. “One of you better get back in here to hold the fort. Mum’s been on the phone, says she’s packing her bags for sure this time. It’s not just Auntie Joanie coming, Auntie April’s on her way too! I gotta go and calm her down.”

“This is not the most salubrious start for a new employee,” muttered Star.

“We can’t afford anyone else yet!” Tara whispered back.

“You stay and hold the fort then. I’ll go and see to Vince,” Star replied.  “Might get more out of him if only one of us goes, know what I mean?” she said with a lewd wink.  “Here’s my password to the cult forum. See what you can find out. And don’t start making daft comments on there!  Neutral observations only!”

“Rosamund,” Tara said sternly, “You have two days leave of absence only, I expect you back here on Friday.”