Capt Arthur Ward TORLESSE R N [1754]

  General Notes:

Torlesse Arthur Ward
Jan 1865-1865
Christ's College School List 1850 - 1965

Arthur had a long Naval career, he retired to "Little Settley" near Brockenhurst England.

Appointments and Retirements.
Navigating-Midshipman. Arthur W. Torlesse to the Hercules.
Ref: Hampshire Telegraph and Sussex Chronicle 4 October 1873.

Christ's College.
OLD BOYS IN ENGLAND.
The fifth annual dinner of the Old Boys of Christ's College now in England was held at the Holborn Restaurant, London, on Friday, April 2, when the following were present : Messrs J D. Acland, A. P. Douglas, G. Clissold, A. P. Harper, L. Harper, Lowry, F. Rhodes, G. Rhodes, F. Richards, John Studholme, junr., W. P. Studholme, J. F. Studholme, Lieutenant A. Torlesse, the Rev Herbert Williams, Sidney Williams, W. Montgomery, Leonard Tripp, C. H. Tripp, and Lieutenant G. Hutton. Lieutenant Torlesse occupied the chair, and Mr Sidney Williams, as representing the latest arrival from school, the vice-chair. After the dinner, which was of a most enjoyable character, Lieutenant Torlesse proposed the health of "The Queen," which was drunk most loyally. . . . . .
Star , Issue 5626, 24 May 1886, Page 3 (Papers Plus NZ)

The Pitcairn Islanders.
A Parliamentary Paper was recently published containing reports by Captain Dyke, of her Majesty's ship, Comus, and by Commander Torlesse, of the Royalist, of visits recently paid to the home of the mutineers of the Bounty, whose descendants, to the number of 141, still live on the island. These official accounts of the present condition of the people present a marked contrast to the usual descriptions of the delightful Arcadian life led by the Pitcairn islanders, who, we are told, exhibit so many symptoms of moral and physical degeneration, the result of intermarriage and over-population, that their removal from the present abode seems urgently required. . . . . .
Ref: extracted in part from The Leeds Mercury 18 March 1899.
This report paints a picture of a very depressed community.

The Fleet Abroad.
The Cruiser Pylades.
A Ground on a Reef.
News received at Plymouth on Tuesday night from Sydney states that the Pylades, cruiser, Commander R.G.O. Tupper, which left several weeks ago to relieve the Royalist, cruiser, Commander A W. Torlesse, on the Australian station, is ashore on the North West reef.
A tug had gone to her assistance, but efforts to get her off had so far proved unsuccessful.
Ref: Hampshire Telegraphic and Sussex Chronicle 1 July 1889.

Dockyards.
Arrival of the Royalist.
The cruiser Royalist, Commander A.W. Torlesse, arrived at Plymouth on Wednesday from the Australian station. She is to pay off, and is not expected to be employed on the active list. The royalist was launched at Devonport in 1883. She cost L78,357, and since then L31,820 has been spent on her. She has served continuously on the Australian station since June, 1888.
Ref: Hampshire Telegraph and Naval Chronicle 21 October 1899.

Naval Appointments.
Lieutenant's. A W. Torlesse to the Rattlesnake.
Ref: Hampshire Telegraph and Sussex Chronicle 17 May 1890.

The Whitsuntide Manoeuvers.
This is a report of Naval and Army manoeuvres simulating an enemy landing West of Dover, a Lieutenant Commander Torlesse is in command of two harbour tugs, acting as armed transports for the occasion. It is not clear that it is Arthur?
Ref: Reynold's Newspaper 1 June 1890.

Naval and Military Intelligence.
Cmdr A W Torlesse was yesterday appointed to the President, additional, as assistant to the Director of Naval Ordinance, to date January 21.
Morning Post Tuesday, 22 January 1895.

THE AUSTRALIAN NAVAL SQUADRON.
A NEW APPOINTMENT. [United Press Association.] , LONDON, January 12. Commander Arthur Ward Torlesse. Assistant Director of the Naval Ordnance, has been appointed to succeed Captain Rayson in command of the Royalist on the Australasian station.
Nelson Evening Mail, Volume XXXII, Issue 10, 13 January 1898, Page 2

Commander A W Torlesse Departured 27 Jan 1898 London, England for Sydney, Australia on the ship India. Master: W D G Warrender.
Ref: Ancestry.

THE LATEST.
Commander Arthur Ward Torlesse, assistant director of naval ordinance, has been appointed to succeed captain Rayson in command of the Royalist on the Australian station.
Marlborough Express, Volume XXXIII, Issue 10, 13 January 1898, Page 2

OUR DEFENCE FORCES.
Captain Torlesse, of H.M.S. Royalist, is a native of the Canterbury Province, and is probably the first native-born New Zealander to command one of the ships of H.M. Navy,
Evening Post, Volume LVI, Issue 100, 25 October 1898, Page 5

  Other Records

1. Census: England, 2 Apr 1911, Boldre HAM. Arthur is recorded as head of an 11 room house aged 54 married retired Captain in the Royal Navy born Rangiora NZ

2. Arthur Ward Torlesse: Will, 26 Mar 1922.
Extracted from the Principal Registry of the Probate Divorce and Admiralty Division of the High Court of Justice

I, Arthur Ward Torlesse of Hollywood Lymington in the County of Hants a Captain on the Retired List of the Royal Navy
HEREBY Revoke all former Testamentary dispositions made by me and DECLARE this to be my last Will.
1. I APPOINT my Wife HARRIET MARY TORLESSE and my sister PRISCILLA LOUISA TORLESSE to be the EXECUTRIXES and TRUSTEES in England of this my Will and they and the survivor of them and the executors or administrators of such survivor or other the Trustees or Trustee for the time being of the trust funds and premises in England under this my Will are hereinafter called "my English Trustees"
2. I APPOINT my cousin CHARLES TORLESSE of Stoke Lodge Rangiora Canterbury New Zealand and HENRY COTTERILL of Cathedral Square Christchurch New Zealand Solicitor my EXECUTORS and TRUSTEES in New Zealand and they and the survivors of them and the executors or administrators of such survivor or other the Trustees or Trustee for the time being of the trust funds and premises in New Zealand under this my Will are hereinafter called my "New Zealand Trustees".
3. IN the event of the death of my said Wife during the infancy of any of my children I APPOINT my sister Priscilla Louisa Torlesse to be the GUARDIAN of such of them as shall then be minors.
4. I BEQUEATH to my said Wife absolutely all my household and consumable stores furniture linen glass and other personal household stable and garden effects of every kind.
5. I BEQUEATH to my elder son Arthur David (a) the tea and coffee service presented to my grandfather the late Reverend C.M. Torlesse M.A. (b) the miniature of Mrs Anna Maria Torlesse and (c) the portraits of Mr and Mrs Robinson.
6. 1 DEVISE and BEQUEATH all my real and personal estate whatsoever not hereinbefore otherwise disposed of other than my
Page 2
New Zealand property hereinafter mentioned but including all in course of transit to me at the date of my death from my said New Zealand property to my English Trustees UPON TRUST that they shall sell call in and collect the same and shall out of the moneys arising thereby and out of any ready money pay my funeral and testamentary expenses and debts and all duties payable in England and shall stand possessed of the residue of the said monies IN TRUST for my said Wife absolutely if she shall survive as but if she shall die in my lifetime my English Trustees shall invest the residue of the said monies in their names in any of the investments for the time being authorised by law for the investment of trust monies with power to vary such investments and shall stand possessed of the said residuary sorties and the investments for the time being representing the same (hereinafter called the "English residuary trust funds") and the income thereof respectively IN TRUST for such of my sons Arthur David and John Ynyr George as shall attain the age of twenty one years and if more than one in equal shares PROVIDED that if either of my sons shall die in my lifetime leaving issue living at my death the share to which such son would have been entitled if living at my death and having then attained the age of twenty one years shall nevertheless go and devolve in like manner and be held on the like trust as if the son so dying had attained the age of twenty one years and survived me and died immediately after my death.
7. AND I DECLARE that if neither of my said sons shall attain
a vested interest in the English residuary trust funds under the trusts hereinbefore contained then subject as hereinbefore mentioned and to the exercise of any powers hereinafter given to my English Trustees the English residuary trust funds shall be held by my English Trustees UPON MUST to pay the income thereof to my sister Priscilla Louisa Torlease during her life
Page 3.
And after her death UPON TRUST for such of them my niece Frances Theodora Alma Hamilton daughter of my late sister Emily Hamilton and my cousin the said Charles Torlesse only surviving son of the late Reverend Henry Torlesse of Rangiora New Zealand as shall survive me and if more than one in equal shares. 8. PROVIDED ALWAYS and I DECLARE that if either my said niece or my said cousin shall predecease me leaving issue who shall be living at my death then the share hereinbefore expressed to be bequeathed to such my niece or cousin respectively as the case say be shall vest in her or his representatives as part of her or his personal estate in the same manner as the same would have done if she or he had survived me and died immediately after my death.
9. PROVIDED ALWAYS and I HEREBY DECLARE that if my said Wife shall die in my lifetime it shall be lawful for my English Trustees to raise any part or parts not exceeding in the whole one half of the then expectant or presumptive or vested share or portion of any son or remoter issue of mine under the trusts hereinbefore declared and, to pay or apply the same for his or her preferment or advancement or otherwise for his or her benefit as my English Trustees shall think fit.
10. AND I EMPOWER my English Trustees at their discretion to retain for any period any investments forming part of my personal estate whether of a nature hereby authorised or not and generally to postpone for any period the sale or conversion of any part of my real and personal estate AND I DIRECT that no reversionary property shall be sold until it falls into possession unless it shall appear to my English Trustees that the Capital of the trust estate may be injured by deferring the sale and in the meantime the net income arising from the real or personal property so remaining unsold or unconverted shall as from my decease be applicable as income But no property not
Page 4
actually producing income shall under any doctrine of equity or otherwise be treated as producing income or as entitling any person to the receipt of income.
11. AND I EMPOWER my English Trustees during the suspense of the sale conversion and getting in of my real and personal estate to manage and order all the affairs thereof respectively in all respects as fully as if they were absolute owners thereof and in the execution of this power to grant building or other leases for such terms at such rents and generally on such conditions as my English Trustees shall deem advantageous whether with or without fines or premiums which if taken shall be considered as sale monies for the purposes of the trusts herein contained and with power to accept surrenders of leases and tenancies
12. I BEQUEATH the sum of One hundred pounds free of duty to be paid out of my New Zealand property hereinafter mentioned to my said cousin Charles Torlesse if he shall act as Executor and Trustee of this my Will in New Zealand.
13. SUBJECT to the payment of the said legacy to the said Charles Torlesse I GIVE and DEVISE all my share of and in the real property in New Zealand of my late Father Charles Obins Torlesse and of and in all the capital moneys or investments held by the Trustees of my said Father's Will and of all capital sums of money and investments constituting the Reserve Fund (if any) which may have been accumulated out of the income of the funds or property subject to the Will of my said Father or of the said Reserve Fund and all other property in the same Colony belonging to me (all of which are hereinafter collectively called my New Zealand property) unto my New Zealand Trustees UPON TRUST that my New Zealand Trustees shall hold the same upon and subject to the same or the like trusts and powers for sale and conversion and postponement and management until sale or conversion as are hereinbefore declared concerning the real
Page 5
and personal estate hereinbefore bequeathed to my English Trustees so far as the nature of the same may alloy and as the trusts hereinbefore expressed may be applicable thereto and be capable of taking effect,
14. I DECLARE that as and when my New Zealand property shall be sold or converted the nett monies arising from such sale or conversion and until the whole shall have been sold and converted the net income and profits of so much thereof as shall for the time being remain unsold or unconverted shall be paid to my English Trustees and their receipt shall be a good and sufficient discharge for the same AND I DECLARE that my English Trustees shall invest all monies so paid to them representing the proceeds of any sale or conversion of my New Zealand property in the manner directed by Clause 6 hereof with regard to the net sale proceeds of the real and personal estate hereinbefore bequeathed to them UPON TRUST for sale and conversion with power to vary such investments and shall during the life of my said Wife pay one equal third part of the income of such investments and one equal third part of the net income and profits of my New Zealand property as they receive the same to my said sons Arthur David and John Ynyr George in equal shares during their respective lives or to the survivor of them during his life PROVIDED ALWAYS and I DECLARE that if either of my said sons shall die leaving a Wife or issue surviving him his share of the said income shall during the life of my said Wife be paid or applied to or for the benefit of such issue in such manner as my English Trustees think fit or failing such issue shall be paid to the Wife of, my deceased son so long as she shall remain unmarried PROVIDED that until my said sons shall respectively attain the age of twenty one years my English Trustees may at their option and in their absolute discretion pay the said income to the Guardians or Guardian of my said
Page 6
sons whose receipts shall be complete discharges for the same and exonerate them from all further concern and responsibility in relation thereto.
15. SUBJECT to the trust in favour of my said sons contained in the last preceding clause hereof my English Trustees shall pay the income of my New Zealand property and of the investments aforesaid to my said Wife during her life subject to the provisions of the next succeeding Clause hereof.
16. IF my said Wife than survive me and remarry in the lifetime of our sons or either of them I revoke the gift to her of the income of my New Zealand property and of the investments for the time being representing such part of the said property as shall have been sold as from the date of her remarriage and DECLARE that my Trustees shall hold the said income UPON THE TRUSTS for my sons by paragraph 6 hereof directed to take effect in the event of my said Wife predeceasing me PROVIDED ALWAYS that if at the date of such remarriage neither of my sons shall have attained or if neither of them shall thereafter attain a vested interest in the said Trust Funds and property my Trustees shall from the date of failure of the trusts for the benefit of my said sons pay the said income to my said Wife during the residue of her life notwithstanding such remarriage.
17. I DECLARE that the reference in paragraph 13 of my said Will to the Trustees or Trustee of the Will of my father Charles Obins Torlesse shall be deemed to include the Trustees of a Deed of Settlement or Family Arrangement in respect thereof entered into by myself and other members of my family in or about the year 1890 in regard to the management of our family property in New Zealand or the division of the capital or income thereof.
18. I DECLARE that all the powers other than that of appointing new Trustees which shall remain as hereinafter provided) and all discretion and authorities given to my
Page 7
English Trustees by my said Will in regard to my real and personal estate other than my New Zealand property shall be vested in and exerciseable by my New Zealand Trustees in regard to my New Zealand property to the intent that my New Zealand Trustees may have as ample powers to deal with my New Zealand property as my English Trustees have in respect of my other property.
19. I DIRECT that any property in New Zealand in which I may at my death be jointly interested with other members of my family shall not be realized except with the consent in writing of my said Wife while she shall be in receipt of any share of the income derived therefrom and of my said sister and of my sons if of full age and I EMPOWER my New Zealand Trustees with such consent as aforesaid to allow my shares of and in my fathers trust funds and the said reserve fund respectively to remain in the names and under the control of the Trustees of my Father's Will to the intent that the management of my Father's Trust Funds and the said reserve fund may during the lives of my said wife and of my said sister remain in the hands of the Trustees of my Father's Will undisturbed upon the like trusts and subject to the same powers of management as are in my said Father's Will declared concerning the same as modified by the said Deed of Family Arrangement if they shall so wish AND I authorise and direct my New Zealand Trustees to concur in any arrangement by the Trustees of my Father's Will made in regard to the accumulation or application of the said reserve fund to which my said Wife and my said sister may consent in writing.
20. I DIRECT that in order to avoid realization of any of my New Zealand property should such realization be undesirable in the opinion of my New Zealand Trustees my New Zealand Trustees may accumulate such part not exceeding in any one year one
Page 8
fourth of the income of my New Zealand property after my death for so long as they may think fit for the purpose of paying any debts due from me or any legacies under this my Will or any duties on my New Zealand property payable in New Zealand on my death or any testamentary or administration expenses incurred in New Zealand in winding up my estate
21. I DECLARE that my English and New Zealand Trustees respectively shall have the fullest powers of determining all matters as to which any doubt or difficulty or question may arise under or in relation to the execution of the trusts of this my Will or any Codicil hereto AND I DECLARE that every
determination of my. English and New Zealand Trustees respectively in relation to any of the matters aforesaid shall bind all parties interested in the questions dealt with and shall not be objected to or questioned upon any ground whatever,
22. I DECLARE that no Executor or Trustee of this my Will shall by any means be bound to act personally but every such Executor or Trustee may employ at the expense of my estate any professional or business person or other agent to transact any business and to receive pay or deliver any money or securities
or do anything in relation to my estate or the trust property without being answerable for any loss arising thereby And every such Executor or Trustee being a Solicitor or other person engaged in any profession or business shall be entitled to be paid all usual professional charges for business transacted and acts done by him or any partner of his in connection with the trusts hereof including acts which an executor or trustee not being in any profession or business could have done personally.
23. I DECLARE that the power to appoint a new Trustee of this my Will of the New Zealand Trust Fund shall be vested
Page 9
in my said Wife during such period as she shall be entitled to the income thereof or any part thereof.
IN WITNESS whereof I the said Arthur Ward Torlesse the Testator have to this my last Will contained in this and the six preceding sheets of paper set my hand this twenty sixth day of March One thousand nine hundred and twenty two.
Arthur W Torlesse
SIGNED by the above named Arthur Ward Torlesse as his last Will in the joint presence of us who ARTHUR W. TORLESSE in his presence and in the presence of each other have hereunto subscribed our names as Witnesses.
Elizabeth Smith Holly Wood. Lymington Cook,
Gertrude Mitchell Hollywood Lymington Housemaid
THIS IS A CODICIL to the Will dated the Twenty-sixth day of March One thousand nine hundred and twenty two of me ARTHUR WARD TORLESSE of Hollywood Lymington in the County of Southampton a Captain on the Retired List of the Royal Navy,
1. I HEREBY REVOKE the appointment of my sister Priscilla Louisa Torlesse as one of my Executors and Trustees and APPOINT in her place my sons ARTHUR DAVID TORLESSE and JOHN YNYR GEORGE TORLESSE as EXECUTORS and TRUSTEES jointly with my wife Harriet Mary Toirlesse.
2. IN variation of paragraph 14 of my said Will I DIRECT that during the life of my said wife my English Trustees shall pay one fourth part of the income and profits received by them in respect of my New Zealand property and one fourth part of the income of any investments to be made by them representing
Page 10
any proceeds of sale and conversion of my New Zealand property to my elder son Arthur David Torlesse and the residues of such incomes respectively to my said wife.
3. IN variation of paragraph 16 of my said Will I DIRECT that if my said Wife shall survive me and remarry in the lifetime of my said son John Ynyr George Torlesse (hereinafter called my younger son Ynyr) or in the lifetime of his wife Geraldine Penkivil Garle Torlesse or in the lifetime of any issue of my younger son Ynyr my New Zealand Trustees as to my unconverted New Zealand property and my English Trustees as to the investments representing proceeds of sale thereof or any part thereof shall respectively hold my younger son Ynyr's share thereof hereinafter called Ynyr's moiety in the first place out of the respective incomes thereof to pay to my said Wife during her life such annual sum as after the deduction of income tax at the rate for the time being in force will provide in each year commencing from the date of the remarriage of my said Wife the sum of One hundred pounds free from any further deduction of income tax to the intent that my said wife may discharge out of this source the allowance of One hundred pounds covenanted to be paid by her under the terms of my younger son Ynyr's Marriage Settlement for his benefit and the benefit of his Wife and issue AND I DIRECT that my New Zealand Trustees and my English Trustees shall subject as aforesaid hold Ynyris moiety upon trust for my younger son Ynyr absolutely.
4. WITH a view to the simplification of the administration of my Estate I EMPOWER. my New Zealand Trustees out of my unconverted New Zealand property and my English Trustees out of the investments to be made by them representing proceeds of sale thereof to provide for payment of the said annual sum of One hundred pounds by setting apart as an annuity fund such investments as they respectively think proper to answer the
Page 11.
same and the annual sum so provided for thall cease to be a charge on my New Zealand property and the investments representing proceeds of sale thereof and become solely charged on the income of the investments so set apart and the residue of my New Zealand property and the investments representing proceeds of sale thereof may be distributed accordingly discharged from the said annual sum and upon the cesser of the said annual sum the annuity fund producing the same shall fall into and form part of Ynyr's moiety.
5. IF my younger son Ynyr shall die in my lifetime leaving a widow and/or issue surviving him then during the joint lives of my said wife and such widow the moiety of my younger son Ynyr shall be held by my New Zealand Trustees and my English Trustees as the case may be upon trust to pay the said respective incomes thereof (subject to the said annual sum of One hundred pounds) to the widow of my younger son Ynyr during her life or until her remarriage without power of anticipation and from and after her death or remarriage I DIRECT that Ynyr's moiety shall be held in trust for all or any one or more exclusively of the others or other of my younger son Ynyr's issue whether children or remoter descendants at such time and if more than one in such shares with such provisions for maintenance education and otherwise at the discretion of any person or persons and with such gifts over and generally in such manner for the benefit of such issue or some or one of them as my younger son Ynyr shall by deed revocable or irrevocable or by Will or Codicil appoint and if my younger son Ynyr shall die without having exercised the power of appointment hereinbefore contained then as the Widow of my younger son Ynyr shall in like manner appoint and in default of and until and subject to any such appointment IN TRUST for all or any the
Page 12
children or child of my younger son Ynyr who being sons or a son attain the age of twenty one years or being daughters or a daughter attain that age or marry And if no issue of my younger son Ynyr shall attain a vested interest in Ynyr's moiety the same shall subject as aforesaid be held upon trust for my said elder son Arthur David Torlesse.
6. SUBJECT to the modifications herein contained I confirm my said Will.
IN WITNESS whereof I have hereunto set my hand this 27th day of August One thousand nine hundred and twenty seven.
Arthur Ward Torlesse
SIGNED by the said Arthur Ward Torlesse as and for a Codicil to his last Will in the presence of us both being present who at his ABTHUR, WARD TOBLESSE request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses
A.S.Cult Manager Lloyds Bank Limited Lymington
E.E.C.Winn Casher Lloyds Bank Limited Lymington

I CERTIFY that this is a true copy of the Original Will and one Codicil deposited and proved in this Registry. DATED this 19th day of June, 1939
REGISTRAR

IN THE SUPREME COURT OF NEW ZEALAND CANTERBURY DISTRICT
IN THE ESTATE of ARTHUR WARD TORLESSE late of' Lymington in the County of Hants in England Retired Captain of the Royal Navy deceased.
MOTION FOR PROBATE OF CERTIFIED COPY OF WILL AND CODICIL THERETO LIMITED. Under Section 3 of "The Administration Act,1908."
FILED 1. SEP. 1939
DUNCAN, COTTER & CO., Solicitors, Christchurch.

Torlesse Arthur Ward of Hollywood Lymington Hampshire died 31 Mar 1939 Probate London 13 June 1939 to Harriet Mary Torlesse widow Arthur David Torlesse Commander RN and John Ynyr George Torlesse Lt Cmdr RN. Effects £417 6s 7d
National Probate Calendar

3. Arthur Ward Torlesse: Will, 26 Mar 1922.
Part 2 Image of Will & NZ Probate

Arthur married Harriet Mary JEANS [1755] [MRIN: 576], daughter of John Joshua JEANS [13750] and Elizabeth Paton THOVEZ [13751], on 30 Jan 1901 in St Bartholomew Hyde, Winchester. (Harriet Mary JEANS [1755] was born on 24 Oct 1869 in Catania Sicilia Italy and died on 27 Sep 1952 in Alverstoke HAM.)