Record

Browse this collectionThis entry describes an individual archive record or file. Click here to browse the full catalogue for this collection
Archive Reference / Library Class No.D3580/C/574
TitleSmithers at Ashford to William Longsdon forwarded to Charleston, South Carolina per Mary Ann
Date22 Feb 1826
DescriptionIn receipt of William's letter (the duplicate) of 19 January and his sister of that of 7th - very greatly obliged for his prompt attention to writer's request though under present circumstances at loss whether to avail self of William's credits.
Told William of Executors intention to dispute claim of legacies in codicil and consequently overthrow of agreement for purchase of land - though are willing to carry out latter. Cannot procure copy of their case - retain pith of his opinion - opine Government receipts, bonds for £1000 and receipt of interest on them sufficient proofs that the two sisters gave their brother each £500 and that the same is to be inferred with regard to the brother and the £1000 but have some difficulty in the case of the husband of the married sister unless it can be proved that he concurred or unless he is since dead and the same payment of interest has been continued to his representatives.
They do not appear to be aware that writer was a party to the Legacy Receipt because doubts that it is in their possession. Ascertained that on 26 August 1826 William's brother paid Johnson and Taylor the stamp subdistributors £45 duty upon his sisters' legacies of £15000 each - and upon the same sum for William. They remitted accordingly and the two first receipts were returned duly stamped, but William's was returned as incorrect and duty on it (£15) still in hands of J and T - nothing has been paid upon it. Mr Johnson tells writer there was a paper attached to William's receipt explaining the inaccuracy of it but does not remember purport.
These documents delivered to Mr Harrison on 30 April 1827 therefore duty on William's still unpaid and writer cannot account for their ignorance of him having signed the receipt. Their conduct altogether extraordinary. Sometimes thinks Naylor has a view to purchasing estate. Mrs Longsdon has recently adopted a very different system with neighbours - aiming at popularity with them. Not prudent to take any steps until William returns as even William's claim cannot be enforced at Common Law. Mr Charge tells him no doubt that William will recover principal and interest. Does not recollect how will runs with regard to £500 stated by Harrison to have been advanced to William's brother John but William seemed clear on these points last summer. Do not propose consulting his attorney Mr Atkinson - all must wait William's return but think cannot do wrong in apprising Leech and Harrison that credits on them for £1100 at Lady Day will not be availed of. Do so by this post. No other communication with executors except reperusing case and opinion at Mr Barker's at Burre House.
Thinks they must suspend further sales until they see result of their proceedings - nor does writer see how they can make a title to the lots of common at Scratter and the Lime Kiln bought by Harrison upon speculation and told he is seeking a customer for them - bulk of debts therefore continue to bear interest for another year or more and closing of affairs postponed sine die. Most unwise of them to risk payments of about £2,700 which they have compromised for £1000 and in addition made an advantageous sale of land. Observes William's last on purchase of the homestead and thinks it must inevitably come to this if Naylor does not hatch up some private bargain and with this view writer will attempt to procure for William the farm in Little Longstone [Duke's farm] though application will be contrary to rule from a non-resident. Will however explain circumstances and if eventually William does not settle there, William can but give it up to writer. Purpose seizing on Shacklow close to give it as compensation to a man who holds a field near Thornbridge who will give writer a road from the Broad Roads through his large meadow on to the Rowdale road - barely possible executors may overhold the Duke's farm as they cannot now bring things to close this Lady Day. Gave verbal notice of intention to give them up last summer and fortunately writer sent them notice to quit - a regular procedure under such circumstances which writer nearly omitted. Did not purchase any hay for William because stacks large and price expected too high - they cannot now get the prices offered generally by from 1 to 2 shillings a yard - made bad business of that sale. If they attempt any further sales of land before William's return writer shall give notice of legacies chargeable on estate. Persist in refusing copy memorandum to William's Uncle but at same time Mrs Longsdon and family take infinite pains to keep in with him. George Wilson present at signing - when came from parlour to kitchen Mrs L [Longsdon] followed him and expressed self disappointed William's uncle made claim for £760 - expected him to relinquish whole. Some difficulty in making title to Flaxdale and cottages - Brittlebank refusing to complete purchase on part of Wyatt and Gregory unless they produced better material - so have little more than personalty to apply in reduction of debts and believe this already nearly expended.
Residue of late Mrs Longsdon' annuity £27.6s to be applied to payment of funeral expenses - Johnson and Taylors bill £47. George Wilson's not yet received. Funeral as consistent and moderate as could be made but sum exceeds writer's expectations. Matter can await William's return unless he wishes otherwise.
1 March - original of William's letter of 19 Jan arrived on 27 Ult. Since been from home - sees no early prospect of getting writer's claims upon the Duke put in train of payment; cannot venture to agitate subject until writer is in quiet possession of the farm - too bad they were not paid years ago - time now unpropitious. Writer has availed self of William's credit for £500 and expectations on legacies do not materialise will arrange with William on his return for repayment. Writer has asked Leech and Harrison to get bond prepared and has assured life for £1900. Executors in instructions to Brittlebank have informed him that releases are wanting for some of the legacies amongst others they mentioned this £500. If it is recovered feel no inclination to forego interest. Mr Charge recommends patience until they find they cannot complete purchases and are driven to make terms.
Apprehend some little difficulty about Duke's farm in Little Longstone - not clear in the condition of things with the Executors if the application be successful. Writer will not make matters worse with them in the event of William treating with them for the homestead by giving them to suppose he is determined to come there. Pan is no more - she and Mrs PL's brown tiger set off together on a cruise and were absent a week or two, proper measures resorted to for their recovery but in vain. Since been found at bottom of a mine shaft in Cucknowls. Hully maintained some of keepers gave them a helping hand to descend.
Kate to William: very grateful for him writing to so immediately to put them out of suspense.
William's letter to Bessy of 7 January made them uneasy about his health. Bessy now at Youlgreave accompanied Miss Walker after staying fortnight with them. Does not think her health improves - uncomfortable about her in some respects. From what she said to writer before Mother's death thought she had decided to live with aunt and cousins at Cliff or wherever they might fix on leaving there - but found on her return nothing settled and apparently no arrangement in own mind about future. Writer proposed her remaining with them until William came to England when it would soon appear if there was any possibility of her being resident with William or else have benefit of William's advice. Replied that in compliance with Gardam's advice had determined not to tie herself to any fixed residence but to forward or backward between here, Cliff, Miss Walker or any of her friends as might suit her at time wherever she was, paying for her board by the week so long as she stopped. Thought it an odd plan but of course made no objection - not did then see evil of it. Now convinced that such a plan pursued for any length of time will prove fatal to her health as it must be to her comfort and that of those with whom she may hereafter fix a more permanent residence having lost the only tie she had to the house and not being led by either inclination or necessity to pursue one occupation for half an hour together; the unsettled habits of life, circumstance, had long led her into strengthen every day at time when seems very important that she should gain more regular methods in disposing of her time. Having been very poorly herself, of late, when writer is able, time fully occupied with house and children - thinking of this and that it might be better if she had a companion whose time and attention had less to occupy them than her own. Writer asked her few days before Miss Walker was to leave her whether she did not think it better for her health and comfort to remain stationary with Miss W for the next 6 months, her going for a month or two having been settled sometime before, then being unsettled - would leave her free when William might be expected. Quite declined doing this - great distaste to tying herself down to anything. Writer feels not acting wisely but cannot do anything about it. Only told William because having mentioned health felt should explain lest he fears something worse.
Levelfile
RepositoryDerbyshire Record Office
Archive CreatorLongsdon family of Little Longstone
Add to My Items