Obituary and Will of Alexander Maxwell, Husband of Mary Elliot, Bookseller and Publisher

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. 

Was Edmund Belys the father of Lydia Bailey?

It's difficult to track the parents of Charles Elliot or his wife, Lydia Bayley/Bailey.  I have a possible candidate for the parents of Lydia, but the evidence is not yet conclusive.

The strongest documentary evidence for Lydia's parentage is her marriage bond.  Generally the parents are not named on the bond, but as Lydia was apparently a minor at the time of her marriage (eg. under 21 years) her father signed the contract.  He is described as Edmund Bailey, a farmer in Hillingdon.  This document was dated December 1756.  Both men signed their names.

We know that Charles and Lydia were married from Hillingdon Parish on February 5, 1757.  Lydia is described here as being from Hayes parish, while Charles is from Hillingdon.  I don't recognize the names of either witness. Notice the fluidity of spelling of the Bailey last name:  the body of the document, written by the parish clergyman, writes "Bayley" but Lydia herself signs "Bailey".

We can also approximate a birth year for Lydia from her two obituaries.  Lydia died on January 8, 1827, and was buried in Hayes on January 13th.

 The Examiner of London, on Sunday January 14, 1827, published this death notice:

"On Monday, Mrs. Elliot, of Hayes, Middlesex,  aged 90."  

The Morning Chronicle on Monday January 15, 1827,  said:

"On the 8th inst., Mrs. Elliot, of Hayes, aged 90.  She has left to bewail her loss, nine children, fifty-eight grandchildren, and forty-three great-grandchildren..."

If she was 90 in 1827, she must have been born in 1737.  That would make her 19 years old in 1756, which would make her a minor for the purposes of marriage, so the age fits her marriage bond.

Edmund was a fairly common name in England at the time, but Lydia was more uncommon.  I have found a baptismal record for a Lydia Baylis, born September 30, 1737 to "Edmund Baylis, Carpenter, and Mary". The baptismal record is from St. Martin's Church in West Drayton, Hillingdon, also part of Middlesex.

There is another baptismal record from the same church, for a Mary Baylis, also a daughter to Edmund and Mary Baylis, baptized on March 5, 1739.

And finally, there is a burial record for Mary Belys on October 9, 1743, in the St. Martin West Drayton parish records.  If Mary Belys is the same person as Mary Baylis, the record does not indicate whether this is the parent or child of Edmund.

So far those are the only records relating to the Baylis or Belys family that I have found at the St. Martin church. Unfortunately, the records I have access to are missing some years.  The church obviously had a modest congregation, as the records do not show many births, marriages or deaths in any one year.  Interestingly, this was the church which the servants of the Earl of Uxbridge attended, and the Earl himself was eventually buried there.  If Charles and Lydia attended the same church, that would have  provided an opportunity for them to meet and get to know each other.

The History of the Ancient Town and Borough of Uxbridge by George Redford and Thomas Hurry Riches (William Lake, Uxbridge, 1813), which was, incidentally, subscribed to by Josiah Elliot, mentions the connection of the Earl of Uxbridge's estate to Hillingdon:

From pages 150-152:

I have been unable to find a will for Edmund Baylis, Belys, Bayley, Bayly or Bailey from Middlesex, excepting for an Edmund Bailey in Hayes who lived next door to Charles and Lydia Elliot.  This Edmund was a carpenter, but was probably Lydia's brother, not her father, as she is not named in the will.

Another issue is Edmund's occupation.  The marriage bond states that he is a farmer;  the birth records state he is a carpenter.  The Edmund Bailey in Hayes, presumably Lydia's brother, is also a carpenter;  a family occupation?

Here is an earlier researcher's work on the Bailey family.  No sources are named.  Neither Lydia nor her sister Mary Bailey appear, although Edmund Jr. does. Notice that there are three Edmund Baileys, one in each generation. Lydia would presumably fit into the second generation.  This is from the Pedigree Register, Vol. II,  London, 1910-13, edited by George Sherwood.  The Pedigree Register is "the official organ of the Society of Genealogists in London".   Whoever the researcher was, he or she obviously knew that their work was incomplete, as they ask for more information.  Note that this document places the elder Edmund Bailey in Hayes as well as Hillingdon.

Marriage record for John Reynolds and Martha Bailey, 1770, St. Mary's, Hayes.  Is she a relative of Lydia?

St. Mary's Church, Hayes, Middlesex, England

Our ancestors Charles and Lydia Elliot raised their family in Hayes, Middlesex (now a part of London) and had their children baptized at St. Mary the Virgin's Church in that town.  St. Mary's is a historic church which is still active. Their website says that "the parish church of Hayes Middlesex has witnessed to the Christian Faith since at least 830 A.D", although elsewhere it says that the actual church dates from the 12th century.  There have been many updates to the Church since the time that Charles and Lydia lived and worshiped there, but there are plenty of older portions which remain as they were. Again from the website:

"A building of such ages has many artefacts including a 12th Century font and the two table tombs of Walter Grene (1456) and Sir Thomas Higate (1576). The medieval tiles in the Sanctuary are partly covered by the Elizabethan Tomb of Sir Edward Fenner (1611). A wooden Holy Table dated 1605 was given and now used as a nave altar. Most of the ledger stones refer to the patrons and Lords of the Manor. There are several significant brasses. One is to Robert Lellee, the Rector around 1370 and adjacent to it is another Rector Robert Burgeys (1408- 1421). The first recorded Rector was Peter de Lymonicen (1259) and latest Peter Homewood-a record of Christian ministry in Hayes...On the north wall is a large mural of Saint Christopher from the 14th century."

I think it's interesting to be able to see the same landscape and architecture that was part of our ancestor's weekly lives.  Not only did Charles and Lydia worship here during the period of their marriage, but this was the childhood church of Robert Elliot as well.  Here are some photographs:

St. Mary's Church with gravestones.  Charles and Lydia are buried here somewhere.

Brass of clergyman Robert Lellee, 1308, reputedly the oldest brass in Middlesex.

15th century wall painting of St. Christopher carrying the Christ child over a river. 

                           

Detail of snake and staff at base of painting. 

Detail of Christ Child in painting. 

Here is a map of Hayes Parish from British History Online:

The Family of Charles Elliot and Lydia Bayley of Hayes, Middlesex, England, Part 1: Birth Records

We know from Charles Elliot's will that he and his wife had at least nine children:   Martha, Mary, Lydia, Charles,John,  Robert, William, Josiah, and Thomas Elliot.  An examination of the Hayes parish records shows that they actually had ten:  a son, Edward, lived for only a year.  Here are the christening records I have been able to find for their family.  Four children are missing:  Charles, Thomas, William, and Lydia.  Some of the Hayes parish records are very badly faded;  it could be that the records for these children have deteriorated. 

31 July 1760.  St. Mary's Church, Hayes, Middlesex.  Martha Elliot christened.

Christening record for Martha Elliot, St. Mary's Church, Hayes, 1760.  Note her parents names are not given. 

May 12, 1769.  St. Mary's Church, Hayes, Middlesex.  John Elliot christened.

Christening record for John Elliot, 1769, St. Mary's Church, Hayes.

10 April, 1771.  St. Mary's Church, Hayes, Middlesex.  Robert Elliot christened. 

Christening record for Robert Elliot, April 10, 1771.  St. Mary's Church, Hayes.

13 October 1775.  St. Mary's Church, Hayes, Middlesex.  Mary Elliot christened.

Christening record of Mary Elliot, St. Mary's Church, Hayes.

 November 17, 1777.  St. Mary's Church,  Hayes, Middlesex.  Edward Elliot christened.

Christening record of Edward Elliot, St. Mary's Church, Hayes.

Unfortunately Edward died at approximately a year old.  Here is his burial record: 

Burial record for Edward Elliot, "an infant", August? 28, 1778, St. Mary's Church, Hayes.

27 October 1779.  St. Mary's Church, Hayes, Middlesex.  Josiah Elliot christened.

Christening record for Josiah Elliot, 1779, St. Mary's Church, Hayes.

There is a big time gap between the births of Martha and John.  Probably some of the other children were born during this period.

While going through the parish records, I found some Elliot burial records I could not identify.  Here they are:

St. Mary's Church, Hayes, records 1773 death of Robert Elliot of Harrow-who is this?



St. Mary's Church, Hayes, 1774 burial of Ann Elliot of Uxbridge--who is she?

St. Mary's Church, Hayes, May 12, 1775.  Burial of Joseph Elliot--could he be another Elliot child?



Will of Charles Elliot, Gentleman of Hayes.

Here are some excerpts from the will of Charles Elliot, husband of Lydia Bayley and father of our ancestor Robert Elliot.  In his will he refers to himself as a "Gentleman", although as far as we know his career was spent as a cook and victualler.

"This is the last will and testament of me Charles Elliot of the parish of Hayes in the County of Middlesex Gentleman first I give and bequeath to my loving wife Lydia Elliot all my household goods furniture and Effects plate linen and china to and for her sole use and benefit during the term of her natural life...

...and whereas I am possessed of two messuages or tenements with the Barns Stables Yards Gardens and appurts and about two acres of (???) and about one acre of arable land....and also of a malt house and mill now being in the possession of my son Josiah Elliot...being in the parish of Hayes aforesaid and one of which said messuages or tenements is known by the name or sign of the Adam and Eve part of which is freehold and part copyhold  (*note the Adam and Eve was a pub run by Charles' son Josiah Elliot) and the other wherein I now reside...    

...I give and bequeath [all of the above]...to my said wife Lydia Elliot...during the course of her natural life...and from and immediately after her death I give and devise the said freehold and copyhold messuages or tenements Lands ... and premises with the appurts unto my son William Elliot of the Town of Uxbridge in the County of Middlesex Currier and John Elliot of Hampton Wick of the County of Middlesex Currier and Robert Elliot of Hammersmith of the county of Middlesex Currier their heirs and assigns upon trust that they....immediately after my said wife's demise, cause the same to be sold by public auction for the most money that can be had...and the money arising from the sale of my said estate...shall...become part of my personal Estate for the purpose of paying the several [bequests that follow]...

...I give and bequeath to my son Thomas Elliot of Tottenham Row Court Road in the County of Middlesex Organ Builder the sum of six pounds I give and bequeath to my son Charles Elliot of S???? Town in the County of Middlesex the sum of one hundred pounds I give and bequeath to my daughter Martha Hilton the wife of Henry Hilton late of the parish of Hayes Carpenter fifty pounds also I give and bequeath unto my daughter Lydia Burton the wife of the late Thomas Burton now of Hammersmith in the county of Middlesex the sum of two hundred and fifty pounds also I give and bequeath unto my said son William Elliot....the sum of two hundred and fifty pounds also I give and bequeath to my son John Elliot...two hundred pounds also I give and bequeath to my son Robert Elliot...the sum of one hundred pounds also I give and bequeath to my said son Robert Elliot all my right estate and Interest of and in a certain part and parcel of ground with the chapel and premises thereon...this land built with the appurts situate....lying in the Parish of Hayes...and adjoining the Garden...of Mr. Edmund Bayley...

...also I give and bequeath to my daughter Mary Maxwell wife of Alexander Maxwell of ? Yard aforesaid two hundred and fifty pounds also I give and bequeath unto my son Josiah Elliot two hundred and fifty pounds...

...and as to all the (rest?)...of my personal estate...after the demise of my said Wife I give and bequeath the same unto the said Charles Elliot Lydia Buxton William Elliot John Elliot Robert Elliot Mary Maxwell and Josiah Elliot to be equally divided between them share and share alike...

....and lastly...I do....nominate and appoint the said William Elliot John Elliot and Robert Elliot executors of this my will...this fifteenth day of October in the fiftieth year of King George..."

Charles died February 16, 1813 in Hayes, where he spent the last half of his life.  His wife Lydia survived until 1827, at which point the children would have received their legacies.  It can't be a coincidence that Robert and Josiah brought their families to Canada in 1827;  perhaps the money prompted them to invest in new opportunities, or perhaps they didn't want to leave an aged parent.

Some archaic vocabulary is used in this will.  A messuage with appurtanences means a house with all the outhouses belonging to it (stables etc), yards, gardens, orchards, and so on (sometimes even an associated pew in the local church).  Freehold and copyhold land are feudal terms referring to types of land tenure.  Copyhold land was land where the title deed received by the tenant was a copy of an entry in the manorial court roll.  Copyhold land entailed services due to the lord of the manor, and some copyhold land could be sold or inherited (this seems to be the case here).    

In terms of the value of the estate, I put the sums that Charles leaves his children directly (100 pounds to 250 pounds) through a historic currency converter on the web.  As you can imagine, converting value between historical periods is a tricky business.  According to the website Measuring Worth, 250 pounds in 1813 converts to 13,800.00 pounds if you convert using the retail price index (that's about $25,279.00 CAD), or 170,000.00 if you calculate using average earnings of each period (that's a whopping 311,408.00 CAD).  So it's very hard to be sure exactly how wealthy Charles Elliot was at the end of his life, and how much wealth he passed on to his seven children.  Any historians reading this care to help me out with that?