Olive Elizabeth Braithwaite (was Gaskell) (nee Baker) (1902-1990)

PERSONAL DETAILS

Full name: Olive Elizabeth Braithwaite (was Gaskell) (née Baker).
Date of birth: Friday, 26th September, 1902.
Birthplace: Hampstead, London, England.
Date of death: Wednesday, 12th December, 1990 (aged 88 years).
Place of death: Abberton Nurdsing Home, Abberton, Colchester, Essex, England.
Will: Effects £165,918.
Signature:

FAMILY

PARENTS

Philip Barton Baker (1865-1916)
Philip Barton Baker
(1865-1916)
Amy Elizabeth Baker (née Dell) (1870-1965)
Amy Elizabeth Baker
(née Dell)
(1870-1965)

SIBLINGS

Barton Dell Baker (1904-1956)
Barton Dell Baker
(1904-1956)

HALF-SIBLING

Bertha Gwendoline Wright (was Penrose) (née Baker) (1897-1985)
Bertha Gwendoline Wright (was Penrose)
(née Baker)
(1897-1985)

1st HUSBAND

John Wellesley Gaskell (1901-1941).

Date of marriage: 1925.
Place of marriage: Marylebone, Middlesex, England.
Divorced: 1940.

CHILDREN

2nd HUSBAND

John David Christopher Braithwaite (1911-1978).

Date of marriage: 1942.
Place of marriage: Amersham, Buckinghamshire, England.

RESIDENCES

1902-1907 - 16 Manstone Road, Brondesbury, London, England.

1908-1916 - "Braeside", 38 Platt's Lane, Childs Hill, London, England.

1920-1934 - 63, The Ridgeway, Hendon, England.

1934 - 3, Grey Close, Hampstead, London, England.

1934-1937 - "Pixholm", Chorley Wood Road , Rickmansworth, Hertfordshire, England.

1939 - Ellenglaze, South View Road, Harrow, Middlesex, England.

1940 - Gregories Road, Beaconsfield, Buckinghamshire, England.

1946-1952 - 15, Kidderpore Gardens, Hampstead, London, England.

1956-1961 - 4, Cambridge Gate, Regent's Park, London, England.

1965 - The Chantry, off London Road, Great Horkesley, Colchester, Essex, England.

1977-1978 - Lower Fen, Scotland Street, Stoke-by-Nayland, Suffolk, England.

1978 - 72, Eden Street, Cambridge, Cambridgeshire, England.

1980 - "Copford Place", London Road, Copford, Essex, England.

JOHN WELLESLEY GASKELL

"An outstanding personality who died may years ago at a comparatively young age was Wellesley Gaskell, first husband of Olive Braithwaite. Wellesley was on the commercial side of the business, really an assistant to Joe Baker, and mainly concentrated on Co-operative business with considerable success. Of course, his main effort was on the bakery side and on rare occasions he was called to assist in other departments. I think the high life which encompassed Co-op. business helped speed Wellesley to an early death. It is quite clear that the same depth of corruption does not exist in Co-op. business as in days gone by." - “I KNEW THEM ALL” by Claude Dumbleton - Written in 1963. (Taken from the Baker Perkins Historical Society).

JOHN DAVID CHRISTOPHER BRAITHWAITE

David and Olive were 1st cousins 1x removed.

Occupation: Stockbroker

Partner (1967-1972) - Foster & Braithwaite, 27 Austin Friars, London.

Education: King's College, University of Cambridge - 1930.

COMMENTS ABOUT OLIVE

"I'm sure that Olive would like to hear from you. She is very miserable + lonely and Pip and I have found it impossible to enthuse her about anything. She is perfectly fit and her eye sight not bad at all - in fact she has just been sent a new driving license! But she has a phobia of being alone and that is why she lives in this small private hotel at "Copford Place".

Pip and I are often away and so it is impossible that she should live with either of us. Although she used to be interested in many things - particularly music - she won't now tolerate even this or almost anything else. I think that David was such a dominant person in her life and almost thought for her that she finds it very difficult to adapt to being alone and imagines that she is much more helpless than she is in fact is.

Judy (Barton Baker's wife) is fetching her next Monday and driving her to Peterborough for a few days and I hope will show her that life is not completely over when one's partner is lost and there are compensations and interests. - Patricia Temple-Muir to Joseph Guy Enock - 1st April 1980.

THE INTELLECTUAL ARISTOCRACY - NOEL GILROY ANNAN, BARON ANNAN

Olive and her Baker family are discussed in Noel Annan's essay "The Intellectual Aristocracy", which illustrates, according to Robert Fulford in the National Post, the "web of kinship that united British intellectuals in the 19th and early 20th centuries."

"But the Lytteltons do not belong in this world. They are aristocrats, politicians, business men, bishops, generals - and cricketers; and we must leave them through Mr. George Lyttelton for long a master at Eton and his son, the jazz player, whose first wife was a Gaskell, and sister of the bibliographer, Mr. Philip Gaskell. Mr. Gaskell's mother is a cousin of Mr. Philip Noel Baker, Labour minister, and was the sister-in-law of Alex Penrose, Fellow of King's, whose brother, Lionel is a professor of genetics at London."

Philip John Noel-Baker

"Philip John Noel-Baker, Baron Noel-Baker, PC (1 November 1889 – 8 October 1982), born Philip John Baker, was a British politician, diplomat, academic, amateur athlete, and renowned campaigner for disarmament. He carried the British team flag and won a silver medal for the 1500m at the 1920 Summer Olympics in Antwerp, and received the Nobel Peace Prize in 1959.

Noel-Baker is the only person to have won an Olympic medal and received a Nobel Prize. He was a Labour member of parliament from 1929 to 1931 and from 1936 to 1970, serving in several ministerial offices and the cabinet. He became a life peer in 1977." - Wikipedia

Bertha Gwendoline Wright (was Penrose) (née Baker)

Bertha (Olive's half-sister) was married to Alexander "Alec" Peckover Penrose between 1919 and the late 1920s.

Alec's father, James Doyle Penrose, was an Irish painter.

Alec's grandfather was Alexander Peckover, 1st Baron Peckover, who was an English Quaker banker, philanthropist and collector of ancient manuscripts.

"During her first marriage she had a well documented affair with author Clive Bell, a prominent member of the infamous Bloomsbury Set, and who was married to the Bloomsbury painter Vanessa Bell (sister to author Virginia Woolf). Bertha divorced Alexander in the late 1920s and then married Ralph." - A Collection of Miniature Treasures Made by Bertha (Penrose) and Ralph Wright by Celia Thomas of KT Miniatures

WILLS CONNECTED TO OLIVE

Henry Ernest Dell

"8. I BEQUEATH my leasehold premises No.32 Broomfield Avenue aforesaid to my Executors Upon Trust as soon as possible after my death to sell the same with vacant possession and to pay one-half of the net proceeds of sale to my said Niece Olive Elizabeth Braithwaite, the other half of such proceeds to fall into and form part of my residuary estate."

Amy Elizabeth Baker

Net value of Estate: £10,567 2s. 0d.

"(b) TO my said Daughter Olive Elizabeth Braithwaite the rest of my jewellery and all my articles of clothing and personal use or ornament."

"4. I GIVE to my said Daughter all my personal chattels as defined by Section 55 of the Administration of Estates Act 1925 And I request her to give effect to any wishes I may express in any Memorandum signed by me and deposited with my Will or with my papers concerning the disposal of the said chattels or any of them but nothing herein or in such Memorandum contained (whether or not my wishes about the disposal of the said chattels or any of them may have been communicated to her in my lifetime) shall operate to create any trust or place any binding obligation whatsoever on her in respect of the said chattels or otherwise fetter her absolute beneficial interest therein."

"5. AND as to all the rest residue and remainder of my property estate and effects whatsoever and wheresoever and of what nature or kind so ever both real and personal of or to such I may be seised possessed or entitled at my death I GIVE DEVISE AND BEQUEATH the same as to one moiety thereof to my said Daughter and as to the other moiety in trust for such of my grandchildren Michael and Sally Baker as shall survive on and in Sally's case attain the age of Twenty one years and if both in equal shares Provided that if any of the beneficiaries named above in this clause shall die before or leaving a child or children living at my death who being male attain the ago of Twenty one years or being female attain that age or marry under it such last mentioned child or children shall take and if more than one in equal shares the share which his her or their parent would have taken had that parent survived me and attained a vested interest Provided further that if all the trusts concerning one moiety shall fail that moiety shall be held on the trusts declared concerning the other moiety." - residuary estate totalled around £4,433.

"1. I GIVE to my son Son-in-law John David Christopher Braithwaite the sum of Two hundred and fifty pounds."

WILL

Gross value of Estate: £165,918
Net value of Estate: £163,088

I OLIVE ELIZABETH BRAITHWAITE of Lower Fen Scotland Street Stoke-By-Nayland Suffolk HEREBY REVOKE all Wills and testamentary dispositions heretofore made by me and DECIARE this to be my last Will

1. I APPOINT my Husband John David Christopher Braithwaite (hereinafter called "my Husband") of Lower Fen aforesaid my son John Philip Wellesley Gaskell (hereinafter called "Pip") of 2 Park Parade Cambridge my daughter Patricia Mary Muir (hereinafter called "Patricia") of Wickham Place Wickham Bishops Near Witham Essex and JOHN CLIVE GRAVES ROUSE Solicitor of 3 West Stockwell Street Colchester Essex (hereinafter called "my Trustees" which expression shall include the trustees or trustee hereof for the time being) to be Executors and Trustees of this my Will but if John Clive Graves House shall die before proving this my Will or be unwilling to act in the trusts hereof then I APPOINT such member of the firm of. Sparling Benham and Brough Solicitors of 3 West Stockwell Street Colchester as the senior partner for the time being in the said firm shall nominate in writing And I declare that each reference in this clause to the said firm shall be deemed to include a reference to any firm by whatsoever name the same may be known which at the time of such nomination shall be carrying on the practice on the date hereof carried on in the name of Sparling Benham and Brough

2. I GIVE (free of. Capital Transfer. Tax) all my personal chattels as defined in Section 55 (1) (x) of the Administration of Estates Act 1925 not hereby or by any Codicil hereto otherwise disposed of to my Husband absolutely and I desire him (but without creating any binding or enforceable trust) to dispose of any particular item in accordance with any wishes of mine of which he may be aware

3. I GIVE the following legacies (free of Capital Transfer Tax):—

(a) to each of my grandchildren (including adopted grandchildren) the sum of Five hundred pounds
(b) to Mrs. Mary Jane Monsel1 of Green Gates Wick Road Langham Colchester Essex the Sum of Two hundred pounds with my love and affection
(c) to Mrs. Iris Chandler of 35 Eastfield Road Witney Oxon the sum of Two hundred pounds with my love and affection
(d) to the Animal Health Trust of 14 Ashley Place Westminster London SW1 the sum of One hundred pounds to he used for the general purposes of the Trust's Canine Health Centre
(e) to the Salvation Army the sum of One hundred pounds

4. I GIVE to the said Mrs. Mary Jane Monsell my silver poodle called Dolly

5. I DECLARE that any legacy under this my Will or any Codicil hereto to a person not of full age may be used by my Trustees for any purpose which they consider to be for his or her benefit or may be paid to his or her parent or guardian without my Trustees being responsible to see to its application

6. I DECLARE that the receipt of the treasurer secretary bursar or other proper officer for the time being of any charity society institution or unincorporated body entitled to any legacy or bequest under this my Will or any Codicil hereto shall be a full discharge to my Trustees

7. I GIVE all my real and personal property whatsoever and wheresoever situation to which I may be entitled at my death or over which I may have any general power of appointment and not hereby or by any Codicil hereto otherwise disposed of unto my Trustees upon trust to sell call in and convert the same into money (with power to postpone the sale calling in and conversion of the whole or any part or parts thereof for so long as they shall think proper without them being responsible for loss) and out of the proceeds of such sale calling in and conversion and out of my ready money to pay my debts funeral and testamentary expenses and any legacies all of which shall be paid out of the capital of my personal estate in exoneration of income and to hold the residue and all money investments and property for the time being representing the same (hereinafter called "my residuary estate") upon the trusts following that is to say:—

(a) Upon Trust to divide my residuary estate into three equal portions and

(i) to hold one such portion in trust to pay the income arising therefrom to my Husband during his-life
(ii) to hold the second such portion for Pip absolutely but if he shall have predeceased me then such portion shall he held in trust for his child or children who survive me and attain the age of twenty-one years and if more than one in equal shares absolutely
(iii) to hold the third such portion for Patricia absolutely but if she shall have predeceased me then such portion shall be held in trust for her child or children who survive me and attain the age of twenty-one years and if more than one in equal shares absolutely
(iv) after the death of my Husband or if he shall predecease me the first portion shall be held on the trusts relating to the other portions or portion (and if more than one equally between them) the trusts whereof shall not have failed
(v) if the trusts of the second portion or the third portion shall fail such portion shall he held on the trusts relating to the third portion or the second portion as the case may be the trusts whereof shall not have failed

(b) In the event of neither my said son nor my said daughter nor any issue of theirs respectively attaining a vested interest under the trusts hereinbefore declared my Trustees shall subject to the trusts powers and provisions hereof hold my residuary estate upon trust for the children of my sister Bertha Gwendoline Wright and the children of my late brother Barton Dell Baker who shall be living at my death and if more than one in equal shares absolutely

8. ANY Legatee hereunder who shall die within one calendar month after my death shall for the purpose of this my Will be deemed to have predeceased me and the income (if any) of any part of my estate shall be treated as accruing immediately after the expiry of such period

9. MY TRUSTEES may invest or apply any money liable to be invested under this my Will in the purchase of or upon the security of any investment or real or personal property whatsoever and wheresoever situate to the intent that my Trustees shall have the same full and unrestricted powers of making and transposing investments and dealing with property of all kinds (including the effecting and maintaining of life assurance) in all respects as if they were absolute beneficial owners and my Trustees may purchase (on trust for sale with power to postpone the sale) retain or improve a freehold or leasehold house or other dwelling for use as a residence for any beneficiary or beneficiaries entitled hereunder either absolutely or at the discretion of my Trustees to the income from such property or from the proceeds of sale thereof

10. MY TRUSTEES shall be entitled:-

(a) to exercise the power of appropriation conferred on personal representatives by Section 41 of the Administration of Estates Act 1925 without any of the consents required by that Section (b) to exercise the statutory power of maintenance as if in Section 31(1)(i) of the Trustee Act 1925 the words "may in all the circumstances be reasonable" were replaced by the words "the Trustees may in their absolute discretion think fit" and as if the proviso at the end of the same sub-section were omitted (c) to exercise the statutory power or advancement as if proviso (a) to Section 32(1) of the Trustee Act 1925 were omitted

11. MY TRUSTEES may insure against loss or damage by fire or from any other risk any property for the time being comprised in my estate or any trust fund established hereunder or under any Codicil hereto to any amount and notwithstanding that any person is absolutely entitled to such property and may pay the premiums for such insurance out of the income or capital of my residuary estate or out of the income or capital of such property of any trust fund comprising such property and any money received by my Trustees under any such policy shall be treated as though it were proceeds of sale of the property insured

12. MY TRUSTEES shall treat the income from any part of my estate as income for the period during which it is actually received whatever the period in respect of which it shall accrue and shall disregard the Apportionment Act 1870 and any Act replacing it and the rules of equity relating to apportionment including those known as the rules in Howe v. Dartmouth and Allhusen v. Whitten in all their branches

13. NONE of my Trustees shall be personally liable for any breach of trust by way of commission or omission done or suffered unless it shall be proved that at the time of his or her doing or suffering such breach or of his or her concurrence therein such act or default was done or suffered mala fide and in particular but without prejudice to the generality of the foregoing a Trustee shall not be bound to take any proceedings against a co-Trustee or past Trustee or his or her personal representatives for any breach or alleged breach of trust permitted or suffered by such co-Trustee or past Trustee

14. ANY Executor or Trustee for the time being of this my Will being an individual engaged in any profession or business may act and be paid for all acts done and time expended in or about the trusts hereof by himself or his firm (including acts or business which might he done or transacted by such Trustee personally and not requiring the employment of a professional or business person)

AS WITNESS my hand this TENTH day of FEBRUARY One thousand nine hundred and seventy seven

I, MRS. OLIVE ELIZABETH BRAITHWAITE (Widow) formerly of Lower Fen Scotland Street Stoke-by-Nayland Suffolk but now of 72 Eden Street Cambridge DECLARE this to be a First Codicil to my Will which is dated the Tenth day of February 1977

1. I REVOKE clause 1 of my said Will
2. AS the Executors and Trustees of my said Will I APPOINT :
(1) My Son John Philip Wellesley Gaskell
(2) My Daughter Patricia Mary Muir and
(3) John. Graham George Williams a member of the firm of Messrs. Turner Peacock Solicitors of 12 Bedford Row and 1 Raymond Buildings Gray's Inn both London WC1 but if he shall die before proving this my Will or be unwilling or unable so to do then I APPOINT in his place such member of the said firm (or the firm which at the date of my death has succeeded to and carries on its practice) as the Senior Partner for the time being thereof shall nominate in writing
AND I DECLARE that the expression "my Trustees" whenever herein used shall mean the executors or executor and the trustees or trustee for the time being (whether original or substituted or added) of this Will

3. IN ALL other respects I confirm my said Will IN WITNESS whereof I have hereunto set my hand this SIXTH day of December 1978

Page updated 26th March, 2021.