In 1869, a legal dispute unfolded over the will of Emma Dando, who had died the previous year on 14th June 1868. The case, heard in the probate court, revolved around multiple wills and competing family interests.
Emma was the daughter of my 4 x great-grandparents, Joseph Dando, the Elder, and his wife Ann, née Murch. She lived at Pembroke House, 7 Brunswick Square, Bristol, with her sister, Frances Eleanor Dando, and in 1863, they made mutual wills in which they left their estates to each other.
Pembroke House, 7 Brunswick Square, Bristol, stands on the corner of Pembroke Street and
Brunswick Square and was the home of Emma and Frances Eleanor Dando
Some time afterwards, both sisters wished to revoke their mutual wills and, on 28th July 1864, Emma created a new will, prepared by her solicitor, Mr. Livett. This 1864 will significantly altered the terms, giving Frances only a life interest in her property, rather than outright ownership.
The following provisions were made in Emma’s 1864 will…
Frances Eleanor Dando’s Life Interests
Emma left her ten houses in St. Philip and Jacob Parish, Bristol, and her other freehold estate there, in trust, with the rents going to her sister Frances Eleanor Dando for life. After Frances’ death, this specific property would go to their brother Charles Tidmarsh Dando absolutely. Furthermore, the income from the main bulk of Emma’s residuary (remaining) real and personal estate was also to be paid to Frances for her lifetime.
Specific Legacies after Frances’ Death
Once Frances passed away, the capital from this main residuary fund would then be distributed. This included £1,000 to her sister Louisa Metcalfe and £500 to her sister Harriet Feaston for their separate use, free from their husbands’ control. There was £500 to her friend, Ann Nunneley, (who was then residing with Emma and later married her brother, Charles) and small amounts to her coachman, servants and a person called Mary Tuckett. Emma also set aside funds for her nieces, Eliza Ann Carver and Josephine Carver (daughters of her sister Anne Carver), providing them with an income for life from the amount of £500 each, free from any husband’s control. Their brother, Henry Dando Carver’s, daughters would inherit the capital after the death of Eliza Ann and Josephine but, if there were no daughters, Henry would inherit the capital. Her nephew, Henry Bayard Dando (son of her brother Joseph Dando), would receive the income from £500 until he turned 21, at which point he’d receive the capital. She gave £50 to the Minister of the Tabernacle in Bristol (or to his wife if he predeceased her) and the sum of £19 19 0 to the Secretary of the Tract Society London (or to his wife if he predeceased her). Also, George Thomas, the accountant and trustee, received £100 for his services, recognising the burdens of the role.
Forgiveness of Debt
Emma also formally forgave her sister, Anne Carver, for a share of certain payments and liabilities, up to the amount of £500.
Remainder of Residuary Estate
Louisa Kate Dando (daughter of her brother Joseph Dando), was Emma’s ‘adopted’ daughter. In those days, formal legal adoption did not exist in England and Wales. The first adoption act wouldn’t come into force until 1926. Therefore, Emma’s ‘adoption’ of Louisa Kate was an entirely informal arrangement – a social and emotional bond, likely involving de facto guardianship and financial support, but with no legal standing for inheritance under intestacy. However, Emma’s 1864 will explicitly provided for her. After Frances Eleanor Dando’s death, and after all the other specific legacies from the residuary estate were paid, the remaining principal of that fund was to be invested, and the income from this final remainder would go to Louisa Kate Dando for her lifetime. Furthermore, Emma gave Louisa Kate a significant power – the ability to decide, through her own will, who would inherit the principal of that fund after Louisa Kate’s death. This demonstrated Emma’s clear intention to secure Louisa Kate’s financial future and acknowledge her as a true daughter figure.
Why did Emma rewrite her Will?
The answer to this question is uncertain but it may be worth noting that an advertisement for an auction of “Reversionary Interests” to be held on 19th February 1864 appeared in the London Gazette. This notice was for a rather complex sale of future interests in a portfolio of railway stocks, other investments, and real estate. The sale was compelled by a bankruptcy order upon application by the Mortgagee of Mr. Frederick Langworthy Carver who was one of the sons of Emma’s sister, Anne Carver. The value of these interests would only be fully realised upon the “decease of a lady, aged 59 years in April next…” It so happens that Anne Carver fits this description and a share of No. 6 Dean Street in Bristol, where Ann lived, was also included in the portfolio. Could the financial difficulties of Emma’s sister and nephew have been a factor in her decision to change her will in 1864?
Another interesting point is that Louisa Kate Dando’s mother had died in March 1863. Perhaps it was a few months after this that Louisa Kate became Emma’s ward (incidentally in 1877, Louisa Kate was described as Frances’ adopted daughter). Maybe it was for this reason that Emma and Frances wanted to alter their wills.
AI Generated image depicting Emma Dando burning her 1864 Will
However, in late February or early March 1867, Emma deliberately burned the 1864 will, reportedly intending to revive the terms of her earlier 1863 will. We have no knowledge of why she did this. Apparently, she believed this act would bring the previous will back into effect. However, in the eyes of the law, it wasn’t that simple.
Dando and Others v. Dando, Feaston and Others
Emma’s actions led to a court case entitled “Dando and Others v. Dando, Feaston and Others”. The plaintiffs, who sought to prove the last will and testament of Emma Dando, included her brother Charles Tidmarsh Dando, her sister Frances Eleanor Dando and George Thomas (who were also named as executors in the 1864 will). The defendants were her eldest brother, Joseph Dando (described as the “heir-at-law”), and two sisters, Harriet Feaston and Anne Carver. The defendants did not appear in court.
The case hinged on a legal principle called “dependent relative revocation.” In short, if someone destroys a newer will thinking an older one will automatically replace it, but the old will isn’t legally restored, then the newer will might still stand. And that’s exactly what happened.
The court accepted a draft version of the 1864 will, held by her solicitor, and ruled in its favour. This decision meant the earlier 1863 mutual will was void and that Frances would not inherit everything outright. The will (via its draft) was proved at the Principal Registry on 13th September 1869, “being granted under certain Limitations”, and the estate was valued under £8000.
It could have been worse for Frances had the 1864 will also been declared invalid because Emma Dando would have been considered to have died “intestate” (without a valid will). Therefore, it was likely that her real estate would have primarily gone to the eldest male heir, which in this case was Joseph Dando, as the “heir-at-law”. The sisters would likely have received no share of this under intestacy. The rules for personal property were generally more equitable. Emma’s personal property would probably have been divided equally amongst her closest relatives, in this case her siblings, as she had left no surviving spouse or children. In addition, if Emma’s will had failed, Louisa Kate Dando would have received nothing from Emma’s estate.
So what became of the main characters?
Frances Eleanor Dando married Rev. Richard Perry Clarke in 1870 at the age of 54. She died in 1901, having outlived her husband and all of her siblings. Her estate was initially valued at £19737 18s 10d but, almost seven months later, it went to probate again and was valued at £13375 12s 4d.
One of Frances’ executors was Edward Tozer, who’d married Louisa Kate Dando in 1877. Louisa Kate was 68 when she died in 1924, having outlived her husband, and she left £1468 18s 3d in her will. Edward had left £40259 2s 1d nearly 18 months earlier.
Charles Tidmarsh Dando died in 1889 and his estate was worth £21235 15s 9d. His second wife, Ann, née Nunneley, passed away in 1906 leaving £3594 19s 5d.
Joseph Dando moved to Ireland some time between 1863 and 1866 and lived there with his sixth wife until he died in 1870. His estate was valued at under £100.
Emma Dando was buried in Arnos Vale Cemetery in Bristol on 19th June 1868 and her name is inscribed on one side of her father’s tomb. The opposite side bears the names of Frances and her husband, Richard.
Memorial Card for Emma Dando
(kindly supplied by Antonia Tucker (née Tozer), a distant cousin in Wiltshire, UK.)
