Alexander Maxwell was married Mary Elliot, daughter of Charles Elliot and Lydia Bailey, and sister to our ancestor Robert Elliot, immigrant to Canada. I found an obituary for Alexander in a religious publication called The Intellectual Repository, and New Jerusalem Magazine, Vol. XI, No. 123, March 1850. New Series, London: Published by the General Conference of the New Church, Signified by the New Jerusalem in the Revelation. (The New Church was and is still a branch of Christianity based on the writings of scientist and mystic Emanuel Swedenborg, 1688-1772). What's interesting about this obituary is the light it throws not just on Alexander's business life but also his personal religious life.
The September 1852 edition of the same publication (#153, Vol. XIII) has a somewhat shorter obituary for Mary (Elliot) Maxwell.
Alexander left behind a rather long and complicated will. He clearly had the assistance of a lawyer when drafting it. Here are the most interesting points:
- he confirms his identity as a "Law bookseller and publisher", retired, and that his son William has taken over his business
- he locates himself geographically as being of "Bell Yard Lincoln's Inn" (his former place of business) and of Stoke Newington, Middlesex
- he names his family as his wife Mary Maxwell, his two sons Alexander Maxwell (oldest son) and William Maxwell
- along with his son William Maxwell, his two executors are friends and fellow London merchants Thomas Venables, a cloth merchant, and Thomas Spalding, a stationer
- he leaves a small sum of money to the Reverend Samuel Noble (mentioned in Alexander's obituary) as a mark of "respect and regard"
- he also leaves money to Sarah Maxwell, Romford, Spinster; Lydia Maxwell, Worcester, Spinster; Selina (last name hard to read--perhaps Waytork) Edinburgh, Widow; and Josepa Maxwell, Baker--these all seem to be members of the Maxwell family, not the Elliot family
- his oldest son Alexander, age 36, has "for many years past been an Invalid" and is living in the home of a surgeon at Stoke Newington -- Alexander Jr's care and maintenance figure heavily in this will
- among his household goods he names an organ--possibly one made by his brother Thomas?
"This is the last Will and Testament of me Alexander Maxwell of Bell Yard Lincoln's Inn and of ? Cottage Stoke Newington in the County of Middlesex Law Bookseller and publisher first I appoint my son William Maxwell and my friend Thomas Venables of No:103 Whitechapel Linen Draper and Thomas Spalding of Drury Lane Wholesale Stationer Executors of this my Will. I give to the said Thomas Venables and Thomas Spalding nineteen pounds nineteen shillings and also nineteen pounds nine shillings to the Reverend Samuel Noble in token of my respect and regard and I give one hundred pounds apiece to Sarah Maxwell of Romford Spinster Lydia Maxwell of Worcester Spinster Selina Waytork (?) of Edinburgh Widow and Josepa Maxwell of ?? Baker. And whereas my oldest son Alexander Maxwell now aged thirty six years has for many years last past been an Invalid and is now residing at my expense under the care and in the house of ____ ____ Atticus Esquire Surgeon of Stoke Newington Grove called Grove House Row I hereby appoint my said Executors and my dear wife Mary Maxwell Guardians of my said oldest son and request them to take the care and management of him and with that view I desire my said Executors immediately or within three months after my decease to transfer into their names by purchase or otherwise four thousand pounds Consols and I give and bequeath the same to them in trust to receive the dividends from time to time to ??? and to apply the same in any manner they and my said wife may think best for the maintenance and comfort of my said oldest son and from and immediately after the decease of my said oldest son I give the dividends and interest of the said four thousand pounds or of the stocks funds and securities in or upon which the same shall be from time to time invested unto my said dear wife Mary Maxwell during the term of her life and upon the decease of the survivor of them my said oldest son and wife I give and bequeath the same to my said son William Maxwell for and during the term of his natural life and upon the decease of the survivor of the three I desire that the said four thousand pounds ? shall fall into and become part of my fiduciary estate and I bequeath the same accordingly I give and devise all that my freehold house and buildings No. 32 in Bell Yard aforesaid now on lease to and in the occupation of my said son William Maxwell wherein he now carries on his trade of Law Bookseller and Publisher, under the firm of Alexander Maxwell and son in which trade I have no longer any interest having relinquished the same to my said son William unto my said Executors the said William Maxwell Thomas Venables and Thomas Spalding, their heirs and assigns, to hold the same unto and to the use of my said trustees and their heirs and assigns in trust to waive the rents and profits thereof from time to time as the same shall arrive due and become payable and for and during the term of the natural life of my said oldest son to apply the same in manner aforesaid for his maintenance and comfort in addition to the dividends and interest arising from the said four thousand pounds Consols and from and immediately after the decease of my said oldest son in trust to pay the same unto my said wife Mary Maxwell or to allow her to receive the same for and during the term of her natural life and from and immediately after the decease of the survivor of my said oldest son and wife In trust to pay the same unto my said son William Maxwell or to allow him to receive the same for and during the term of his natural life and from and immediately after the decease of the survivor of my said two sons and wife or from and after the decease of my said oldest son at any time with the consent in writing of my said son William Maxwell or of the survivor in trust to sell and dispose of the same and every part thereof either by public sale or private route art and either together or in parcels for the best price that can be reasonably gotten for the same and to convey and transfer the same to the purchaser or purchasers thereof or as ? or they shall direct or appoint and I declare that the receipt or receipts of my said trustees their heirs or assigns or of the trustees or trustee of this my will for the time being shall be a good and sufficient discharge or good and sufficient discharges for the purchase money or monies respectively and that the purchaser or purchasers shall not be bound to see to the application thereof or be in any manner answerable for the application or applications thereof and in case of such sale or receipt of the purchase monies I desire that the same be immediately invested in Consols or some other government stock or a real security in the names of the trustees of this my will for the time being with power to alter vary and transpose the same and that the interest and dividends to arise threrefrom be applied in the same manner as the rents and profits of the said freehold house and premises would have been under this my will in case the same had not been sold and that the said securities shall ultimately be and become and form part of my residuary estate hereinafter disposed of And I desire that my said son William Maxwell during the lives of my said oldest son and my said wife and during the life of the survivor may from and after the expiration of his said lease and occupy and hold the said messuage or tenement and premises at the same rent and under the same covenants so long as he shall desire to do so but in case my said son William shall decline the occupation of the said house and premises in manner aforesaid after the expiration of the said lease It shall be lawful for my trustees during the life of my said oldest son at their own discretion and at his decease during the lives of my said wife and my said son William Maxwell and the life of the survivor with their consent or the consent of the survivor from time to time to let the said house upon lease not exceeding fourteen years at the most improved rent that they can get for the same without taking any fine or forfeit and so as the lessee shall execute a counterpart of sure lease I give to my said wife Mary Maxwell one hundred pounds for her immediate use and I also give to her for her own use all my furniture (including the organ, plate, linen, china, wine and liquors, goods chattels and other moveables in upon and about my said house called ? cottage at Stoke Newington aforesaid and as to all the rest residue and remainder of my property of whatever description I give and bequeath the same unto my said son William Maxwell and my said friends Thomas Venables and Thomas Spalding to get in and collect and invest the same or the proceeds thereof in their names in three per cent consolidated annuities or other the public funds or on real or government securities at interest with power to alter vary and transpose the same from time to time as they or the trustees or trustee for the time being shall think fit to pay upon trust to pay or to permit and authorize my said wife to waive the interest and dividends thereof during her life and from and after the decease of my said wife upon trust to pay and transfer the same and all other my said residuary estate or the securities in which the same may then be invested unto and among all and every the child and children of my said son William in equal shares and proportions and if but one than the whole to such one or only child as aforesaid the shares of sons to be vested at the age of twenty one years and the shares of daughters at that age or on their marriage and if any or either of the said children shall die before his or her share shall become so vested his her or their shares to go and belong to the survivor or survivors and to Go again subject to the life benefit of ? or survivorship and if no child shall attain a vested interest then upon trust to pay and transfer my said residuary estate to such person or persons as at the time of my decease shall be my next of kin Provided always and I ? declare that it shall be lawful for my trustee or trustees to pay the interest and dividends to the father or mother of the said children for their maintenance and education during minority and further to raise out of the principal of each child's share a competent sum not exceeding one moity for his or her advancement during minority and I further declare my will to be that in case any or either of the trustees hereby appointed or any new or other trustee or trustees to be appointed under this present power shall die or desire to be disengaged from or decline or become incapable to act in the trusts aforesaid before the same shall be fully performed I desire that the survivor or survivors of them or the trustee or trustees for the time being do and shall immediately or as soon after as they conveniently can nominate another person or persons to supply the place of the trustee or trustees respectively so ? desiring ??? or declining or becoming incapable to act and I further declare that it shall be lawful for the trustees or the trustee for the time being by and out of the trust promises respectively to retain and reimburse to himself and themselves or to allow to aid and their cotrustee and cotrustees all costs charges damages and expenses which they or any of them shall or may reasonably or necessarily expend or be put unto in or about the execution of the trusts aforesaid and that the trustees or trustee for the time being shall be chargeable only for such monies as they shall respectively actually waive by virtue of the trusts aforesaid notwithstanding his or their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity And that any one or more of them shall not be answerable or accountable for the other or others of them or for the acts receipts neglects or defaults of the other or others of them but each and every of them only for his own acts receipts or defaults nor for any Banker Broker or other person in whose hands any of the said trust (premises?) may be deposited for safe custody or otherwise in the ? of the said trusts nor for any other misfortune loss or damage which may happen unless by or through his or their own wilful default only And I revoke all former wills by me made and declare this present writing contained in four sheets of paper written on one side only and of them signed by me to be my last Will and Testament this first day of September in the year of our Lord one thousand eight hundred and forty-eight--Alex. Maxwell--Signed and declared by the said Testator as his last Will and Testament in the presence of us was in his presence at his request and in the presence of each other have subscribed our names as witnesses--Frances Walker, Chas. Cowderoy--clerks to Messrs. Parnther and Fisher 50 Fenchurch St.
The will was proved in London on September 20, 1849.
According to the Encyclopedia Britannica, consols were " British government security without a maturity date. The name is a contraction for Consolidated Annuities, a form of British government stock that originated in 1751. The first issue of consols carried an interest rate of 3 percent (reduced to 2.75 percent in 1888 and to 2.5 percent in 1902)."
The Elliot family has had its share of successful businessmen but what impresses me about Maxwell's business is that it is still flourishing, under the name of Sweet & Maxwell. (Sweet refers to Stephen Sweet, another law publisher--the two companies merged in 1889, well after Alexander's death). It has a website and has established a legal trust scholarship in Alexander Maxwell's name.
No comments:
Post a Comment