Ahmuty Connections : Part 1.

Arthur Auchmuty who died in 1698 settled at Brianstown in county Longford Ireland and his descendants are now known by the surnames of Auchmuty, Achmuty or Ahmuty and other variations. 

 

Rev Thomas Staples rector of Derryloran Cookstown co. Tyrone who died in 1762 married in 1735 Grace Houston sister of Alice Houston who married Rev Charles Caulfield son of William 2nd Viscount Charlemont.  Samuel Towneley of Cavan Ireland married Dorcas Moygne and of his children Thomas Townley had daughter Abigail who married in 1735 Sir Alexander Staples 6th Bt (brother of Rev Thomas Staples) and had son Sir Robert Staples 7th Bt;  and daughter Dorcas Townley married Arthur Achmuty of Brianstown and had son Townley Ahmuty father of Thomas Ahmuty who married in 1765 Mary Staples daughter of the Rev Thomas Staples.

 

Thomas Staples and Grace Houston who died in 1791 had children Rev Alexander Staples born in 1739 had son Rev Alexander Staples D.D and daughters Jane Staples married in 1792 Rev Thomas Stanley Monck and Frances Staples married in 1804 her cousin Thomas Arthur Staples Ahmuty;  Mary Staples born in 1738 married in 1765 as his first wife Thomas Ahmuty and had son Thomas Arthur Staples Ahmuty;  Alicia Staples born in 1742 married in 1761 as his first wife Sir Robert Staples 7th Bt bondsman and witness to the marriage of Thomas Ahmuty and Mary Staples.

 

In the 18th and 19th centuries Thomas Ahmuty and his descendants became related to the Cavendish, Cobbe, Collins, Gardiner, Rigby and Rigby Collins Families. 

 

Thomas Ahmuty

Thomas Ahmuty son of Townley Ahmuty of Dublin married three times firstly 30 July 1765 Mary Staples daughter of Rev Thomas Staples rector of Derryloran Cookstown co. Tyrone. St Marys Priory Church, Abergavenny Monmouth Marriage Register Entry No. 35. Thomas Ahmuty esq and Mary Staples both at present of Abergavenny were married in this Church by Licence this 30th day of July 1765. This marriage was solemnized between us Thomas Ahmuty. Mary Staples.  In the presence of  Robt. Staples. Thos. Staples.

 

Thomas Ahmuty and Mary Staples.  Marriage Allegation and Bond dated 19 July 1765. 

On which day appeared personally Thomas Ahmuty of the town of Abergavenny in the county of Monmouth and being sworn alleged and made oath as follows that he is a bachelor of the age of 21 years upwards and intends to marry Mary Staples of the town of Abergavenny in the county of Monmouth and Diocese of Landaff spinster aged 21 years and upwards and that he the said Thomas Ahmuty knoweth of no let or impediment by reason of any precontract entered into before the 25th day of March 1754 consanguinity affinity or any other legal cause whatsoever to hinder the said intended marriage and that he prayed a Licence to solemnize said marriage in the parish church of St Marys in the town of Abergavenny aforesaid in which said town of Abergavenny he the said Thomas Ahmuty further made oath that she the said Mary Staples hath made her usual abode for the space of four weeks last past.  On the same day the said Thomas Ahmuty was sworn before me.  Nathaniel Wells surrogate.

 

Know all men by these Presents that we Thomas Ahmuty of Abergavenny in county Monmouth merchant and Sir Robert Staples of Dublin Ireland baronet are become bound unto the Right Reverend John Bishop of Landaff in the sum of two hundred pounds of good and lawful money of Great Britain to be paid to him or his lawful attorney for the good and faithful payment well and truly to be made we bind ourselves and each of us jointly and severally our heirs executors administrators firmly by these Presents.  Sealed with our Seals dated the Nineteenth day of July 1765.  The Condition of this Obligation is such that if thereafter there shall be no let or impediment etc. the above bounden Thomas Ahmuty bachelor and Mary Staples spinster may lawfully solemnize marriage together and afterwards lawfully remain and continue for man and wife according to the laws in that behalf provided there be not at this time any action suit plaint quarrel or demand moved or depending before any Judge etc.  Thomas Ahmuty.  Robt. Staples.  Sealed and delivered in the presence of James Morgan.

 

Thomas Ahmuty lived in London and was a merchant listed in Kents Directory, Baileys Directory, The New Complete Guide, in Rate Books and his children in the St George the Martyr Baptismal Register: from these sources he was of Red Lyon Street 1769-1770;  Lambs Conduit Street, Bedford Row 1771-1772;  Queen Square, Ormond Street 1773-1786 and also in 1778 of 381 Strand London.  Kents Directory 1794 Scott & Idle wine and brandy merchants 381 Strand.  After the decease of his first wife Mary Ahmuty he moved from London to Bath Somerset listed in Rate Books and Robbins Bath Directory of 22 Royal Crescent 1783-1790 and 19 Marlborough Buildings 1791-1801.

 

Mid Georgian London survey of Central and Western London: noted all house numbers mentioned are taken from Horwoods map of 1799 and numbering has changed as older houses were demolished for construction of larger buildings. 

Queen Square West Side. No. 13 Chas. Turner 1772-1793.  No. 14 Thos. Ahmuty 1772-1782.  No. 15 John Kingston 1776.  

Poor Rate Books. Thomas.Ahmuty £1.2s.9d. in 1776 and 19s.6d. in 1777.  

 

Parliamentary Register Martii 4 Die Aprillis 1780. Pursuant to an Order made before the last Easter holidays, Lord North this day laid before the House the following paper: Bank of England 29 March 1780 List of Subscribers to the Loan of Twelve Millions made in this Session of Parliament.  Thos. Ahmuty £7000. 

Parliamentary Register 15 March 1781. The following paper was laid before the House: Bank of England 14 March 1781 List of Persons who subscribed to the Loan of 12,000,000 made in this Session of Parliament.  Thos. Achmuty £2000.

 

St Jamess Chronicle or The British Evening Post Saturday 3 February 1781. The Tryal of Lord George Gordon. 

Summary. The Court now desired the Jury should be called over at the Window to mark the Names of such as appeared; Lord Mansfield observed that this was not to be considered as the regular Call for this Point had been litigated in the case of Lares. After this was done it was found that six out of seven of the Jury were present, they were called over and settled in the following manner: the persons listed included Thomas Ahmuty no Freeholder and John Kingston no Freeholder.

 

Thomas Ahmuty witnessed the marriage of his brothers; in March 1779 John Ahmuty to Maria Elizabeth Anderson at St Lawrence Jewry, London and in February 1781 Arthur Ahmuty to Margaret Sophia Shaw at St George the Martyr, Queen Square London.

 

St George the Martyr Burial Register 6 October 1781. Mrs Mary Ahmuty of  Queen Square (vault upper ground). 

Thomas Ahmuty married secondly 20 August 1782 Alice Frideswide Moore daughter of Dr John Moore and Frideswide Coddington. St Andrews Church, Clifton Hill, Bristol Marriage Register Entry No. 356.  Thomas Ahmuty of this Parish and Alice Frideswide Moore of the same were Married in this Church by Licence this 20th day of August in the Year One Thousand Seven Hundred and Eighty-Two. This Marriage was solemnized between us Thomas Ahmuty. Alice Frideswide Moore.  In the Presence of Hannah Warren.  John Moore.

 

Thomas Ahmuty and Alice Frideswide Moore.  Marriage Bond dated 3 August 1782.

Know all men by these Presents that we Thomas Ahmuty gentleman and Daniel Leonard vintner both of the parish of Clifton in the county of Gloucester and diocese of Bristol are become bound unto the Right Reverend Lewis Bishop of Bristol in the sum of one thousand pounds of good and lawful money of Great Britain to be paid to him or his certain attorney for the good and faithful payment well and truly to be made we bind ourselves and each of us jointly and severally our heirs executors administrators firmly by these Presents.  Sealed with our Seals dated the Third Day of August 1782.  The Condition of this Obligation is such that if thereafter there shall be no let or impediment etc. the above bounden Thomas Ahmuty and Alice Frideswide Moore of the parish of Clifton aforesaid spinister may lawfully solemnize marriage together and afterwards lawfully remain and continue for man and wife according to the laws in that behalf  Provided there be not at this time any action suit plaint quarrel or demand moved or depending before any Judge etc. Thos. Ahmuty. Sealed and delivered in the presence of William Hammond. Daniel Leonard.

 

Dr John Moore married Frideswide Coddington daughter of Dixie Coddington and of his children:  John Moore of Tara House married firstly Barbara Brabazon and secondly Charlotte Collyer;  Alice Frideswide Moore married in 1782 Thomas Ahmuty;  Jane Moore married in 1799 Rev John Hewitt dean of Cloyn;  Frideswide Moore married in 1786 Robert Henry Southwell son of Thomas 1st Viscount Southwell. 

 

22 Royal Crescent.  Poor Rate Book 1783 Crescent.  Dean of Ossory . . .  Mrs Lewis . . .  Mr Ahmuty £1.5s.0d.

Indenture summary.  In 1763 Joseph Lewis tobacconist of Bristol devised his nephew William Lewis £40 annuity for life later reduced to £20.  In 1778 John Lewis the Dean of Ossary devised his house in the Crescent to his wife Charlotte subject to payment of said £20 annuity.  Rev John Lewis died 28 June 1783 and Charlotte Lewis of Bath widow in December 1783 transferred annuities to Jasper Sabine of Bath and George Smith banker of Mansion House in trust to pay William Lewis £20 yearly for life. Thomas Ahmuty of Bath indemnified against any claims. William Lewis died in February 1784 buried at Stapleton Gloucester.

 

Bath Chronicle 18 August 1783. Crescent Bath. To be sold and entered upon immediately. The most desirable house lately occupied by the Reverend the Dean of Ossary deceased.  The premises are fitted up in the most convenient manner and are in excellant repair and have a large garden, double coach house and six stall stable adjoining.  For particulars apply to Mr Plura auctioneer in Milsom Street Bath.

 

Bath Chronicle 17 November 1783. Crescent Bath. For Sale by Auction by Mr Plura on Wednesday 10 December and following days. The genuine elegant and useful furniture, plate, china, painted cabinet, capital harpischord, beautiful French commode, large sideboard with pedestals and vases for each side, study shelves and book cases, time piece by Grignion, post-chaise, green house plants and other valuable effects that belonged to the Reverend Dean of Ossory deceased at his home in the Crescent, Bath.  The whole to be viewed on Monday and Tuesday 8th and 9th of December. Catalogues will then be issued.  The valuable paintings and collection of English, French and Italian books will be sold by hand on the premises.

 

Alice Frideswide Ahmuty died 17 April 1790 buried at Bath Abbey Somerset where a plaque bears the Inscription:  How loved how valued once avails Thee not.  Alice Frideswide wife of Thomas Ahmuty Esq of the Crescent died April 17th, 1790 in the 33rd Year of her Age.  Her much afflicted Husband as a small token of his regard to her Memory erected this Monument.

 

Thomas Ahmuty married thirdly 18 August 1792 Caroline Quin widow of George Quin who died 1791 and daughter of Sir Henry Cavendish 1st baronet of Doveridge.  St Marys Chapel, Bath Somerset Marriage Register Entry No. 323. Thomas Ahmuty of this Parish Esq widower and Caroline Quin of this Parish widow were married in this Chapel by Licence this 18th day of August in the year One Thousand Seven Hundred and Ninety-Two. This Marriage was solemnized between us Thos. Ahmuty. Caroline Quin.  By me Thomas Head Dawson. In the presence of  x.  Enid Moore 

 

Bath Chronicle Thursday 23 August 1792. Saturday was married at the Chapel in Queen square, Thomas Ahmuty of Marlbro buildings esq to Mrs Quin sister of Sir Henry Cavendish (2nd) bart and mother of  Lady Hedford (sic). 

 

Caroline Cavendish who died in 1801 married firstly George Quin of Quinsborough co. Clare Ireland son of Valintine Quin of Adare co. Limerick and had daughter Mary Quin who married in 1778 Thomas Taylour 1st Marquess of Headfort at Westland Row, Dublin. The 1st Marquess was succeeded by his son Thomas Taylour 2nd Marquess who married in 1822 Olivia widow of Edward Tuite Dalton and daughter of Sir John Stevenson;  Edward Tuite Dalton was the brother of Philip Tuite Dalton who married Elizabeth daughter of Colonel Arthur Ahmuty of the East India Company. 

 

Gentlemans Magazine Obituary  January 1801.  At Bath, the wife of Thomas Ahmuty esq.

 

All Saints Church, Weston Bath.

Burial Register 6 January 1801.  Mrs Caroline Ahmuty.

Monumental Inscription recorded transcript. Caroline Ahmuty wife of Thomas and daughter of Sir Henry Cavendish of Doveridge Derbyshire died 1 January 1801 aged 60.

 

Bath Chronicle February 1798. Contributions for the Defence of the Country subscribed to at the Guildhall, Bath Somerset. Thomas Ahmuty Esq at Mr Barratts £10.  Mr R. Mayhew £10.10s.  

 

Robbin's Bath Directory 28 May 1800.

Thomas Ahmuty 19 Marlborough Buildings.  Richard Mayhew apothecary 1 Vineyards.  W. J. W. Taylor attorney New King Street.

 

Thomas Ahmuty died 3 March 1801 and in his Will given below desired to be buried near his late daughter Letitia Ahmuty and friend Charles Cobbe of 9 Marlborough Buildings.  He appointed his daughters Alice Ahmuty and Harriet Ahmuty the executrixes and directed all his estate effects and house in Marlborough Buildings be turned into ready money and divided among his children as well as those of his former as second marriage but later by codicil his daughter Grace Ahmuty was disinherited.  He devised in trust legacies to Moore, Frideswide and Maria Louisa Ahmuty the children by his second marriage and to Martha Howell for the benefit of his natural daughter Louisa Howell. 

 

Bath Journal Obituary Monday 16 March 1801. Tuesday at his house in Marlborough Buildings, Thomas Ahmuty esq.

 

All Saints Church, Weston Bath.

Burial Register 7 March 1801. Thomas Ahmuty.

Monumental Inscriptions recorded transcripts.

Charles Cobbe died 9 July 1798 aged 41.  Letitia Ahmuty daughter of Thomas Ahmuty died 2 June 1800 aged 20.

 

Bath Journal Monday 23 March 1801. For Sale by Private Contract and Entered Upon Immediately. A Freehold House situate and being No. 19 in Marlborough Buildings, late the property and residence of Thos. Ahmuty esq deceased. The Furniture, which is exceedingly good, maybe taken by appraisement. For particulars and  a view of the Premises, apply to Mr Taylor attorney at law, Bath.  All persons having any demand on the Estate of Mr Ahmuty, are requested to transmit a particular thereof to Mr Taylor of Bath. 11 March 1801.

 

19 Marlborough Buildings. Poor Rate Book 14 September 1791. An Assessment for the necessary Relief of the Poor and for the Purposes in the several Acts of Parliament relating to the Poor of the Parish of Walcot in the County of Somerset being three Rates at Two Pence in the Pound each rate made and assessed By Order of the Vestry.  

May 1790.  Mr Clark by Richard Hewlett . . .  Mr Thos. Ahmuty £1. 

September 1791.  Mr Thos. Ahmuty 18s.0d..  

November 1792.  Mr Thos. Ahmuty 18s.0d.. 

1802  (Late Ahmuty) . . .  Louisa Girardot £1.15. 0d.

 

After the decease of Thomas Ahmuty 19 Marlborough Buildings was purchased by Louisa Girardot the widow of Tillieux Girardot of Putney Surrey who died 1793 and daughter of John Bristow of Quidenham Hall, Norfolk and Anne daughter of Paul Foisin an East India merchant.  

 

Bath Directory 1812.  Mrs Giradot (sic) 19 Marlborough Buildings.

Bath Rate Book. Rate or Assessment for Cleansing Lighting Watching Regulating & Improving the City and Liberties of Bath from Michaelmas 1818 to Lady Day 1819.  Louisa Girardot.  Annual Rent £120. Rate £1.12.6. Received 31 March. 

 

Bath Abbey Burial Register 8 January 1829.  Louisa Girardot of Marlborough Bldgs, Walcot aged 87.

Memorial Inscription.  Louisa Girardot relict of the late Tillieux Girardot Esq died January 1st, 1829 aged 87 years. 

 

19 Marlborough Buildings Bath.  Conveyance dated 5 December 1787.

Summary.  Made between John Fielder, James Broom and Thomas King of the first part, William Cross of the second part and John Dyer and Charles Fielder of the third part.  The freehold title of the land subject to a perpetual yearly fee farm rent or Rent Charge of £11.0s.0d. and to a Doorway Rent Charge of twenty five pence per annum payable to the Mayor, Aldermen and Citizens of the City of Bath.  The whole and every part of the messuage or tenement the now erecting building to be perfectly complete and finished in a good and substantial manner with sound materials of all sorts;  the house to cover the whole breadth of the east front of the plot of ground hereby granted to extend in depth backwards forty-seven feet and not more, including walls; to be four storeys high including garretts the parlour or ground floor but exclusive of the kitchen and other underground offices;  the east and west fronts to be of Ashlar stone with doors windows fittings and ornaments;  a footway to be paved next to and before the whole front area of said house the breadth of seven feet. The messuage to be continually insured from and against any loss by fire by one of the public insurance offices in Bath or in London to the value of at least not less than three fifths of the full value.  No person permitted to exercise or follow the trades of a butcher slaughterman tallow chandler melter of tallow soapboiler furrier blacksmith brazier coppersmith pewterer currier founder plumber or any dangerous hazardous noisy or offensive trade or profession whatsoever.  Noted: the name Marlborough was taken from a nearby stream known as the Muddlebrook, Mud Brook or Mad Brook and that Queen Elizabeth in 1590 granted a Charter to Bath in which Mad Brook was used to define boundaries. The brook no longer exists and is now Marlborough Lane.

 

Thomas Ahmuty - Will dated 1 January 1801 proved with one codicil 21 April 1801.

Summary.  Thomas Ahmuty of the city of Bath in the county of Somerset esquire first I desire that my body may be interred at Weston in the most private manner and with as little expense as consistent with decency as near as may be to my late daughter Letitia Ahmuty and my friend Charles Cobbe and direct no escutcheon may be put against my house as a memento of my death.  He gave his children (by his second marriage) Frideswide Ahmuty, Maria Louisa Ahmuty and Moore Ahmuty £1500 each with interest after the rate of £5 per centum per annum from the day of his death till paid and during their minorities the interest applied for their benefit and also that part of the principal given his son may be taken for his advancement into the world  And on attaining  21 years said legacies to be paid and transferred into their names but in case of the death of either of them before 21 years then such legacy to be equally divided among all his children as well as those by his former as present wife.  He gave his daughters Alice and Harriet Ahmuty £100 apiece for the trouble they will have in the execution of the trusts in addition to their entitlements and to William Joshua Woody Taylor of Bath attorney £50 lawful British money.  He gave Martha Howell of the city of Bath (the mother of his natural child) the interest and dividends of £500 to commence from the day of his death payable quarterly during her natural life  And after her decease he gave said £500 to Louisa Howell daughter of Martha Howell the interest and dividends during her minority paid and applied for her benefit and should she die before 21 years said sum to sink into residuary estate. 

 

As to all my freehold messuage or tenement dwelling house offices building premises situate in Marlborough Buildings in the city of Bath wherein I now reside with all and singular the household furniture utensils and implements of household goods chattels plate silver china pictures glass books and other effects being thereon and all money securities foreign money estate effects whatsoever wheresoever and of what nature or kindsoever whereof or wherein I have any dominion and right of disposal I give and devise to my two daughters Alice Ahmuty and Harriet Ahmuty to hold unto them their heirs executors and assigns upon trust to and for the ends intents and purposes that is to say  Upon trust to sell said messuage and household furniture and things either by public sale or private contract for the most money and best price that may be had and thereby turn the whole into ready money  And after payment of all just debts said legacies funeral expenses and charges of proving the Will upon trust to distribute and divide the net monies from residuary estate equally between Alice Ahmuty and Harriet Ahmuty and all his other children as well those of his former as second marriage as and when they attain 21 years and if one or more shall happen to die before 21 years such share to be divided amongst all his children. 

 

I do hereby nominate and appoint my two daughters Alice Ahmuty and Harriet Ahmuty executrixes and trustees of this my Will.  In witness whereof I the said Thomas Ahmuty have to the first two sheets of this my last Will the whole in three sheets set my hand and to the third and last sheet my hand and seal 1 January 1801 - Thomas Ahmuty (ls) signed sealed published and declared this as for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses  John Lee x.  Rich. Mayhew apothecary Bath.  Wm. Chambers clerk to Mr Taylor attorney at law.

 

Codicil. Whereas I have by my Will given devised and bequeathed all my residuary estate monies and property whatsoever unto my two daughters Alice Ahmuty and Harriet Ahmuty their heirs executors administrators and assigns in trust for the benefit of themselves and all my other children  Now I do by this my codicil revoke and absolutely make null and void the disposition contained in my said Will so far as the same relates to my daughter Grace Ahmuty it being my express will that she shall not reap any benefit or advantage whatsoever from by or under my said Will or in the disposition therein contained but in all other respects I hereby ratify and confirm my last Will and Testament.  In witness whereof I the said Thomas Ahmuty have set my hand and seal 29 January 1801 - Thos. Ahmuty (ls) in the presence of Thos. Curtis.  Fredk  Scotton  Mayhew..  Benjn. Shaw.

 

The Will was proved at London with one codicil 21 April 1801 before the Right Honorable Sir William Wynne, Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Alicia Ahmuty and Harriet Ahmuty spinsters the daughters of the deceased and executrixes named in the said Will to whom admon was granted of all and singular the goods chattels and credits of the deceased having been first sworn by commission duly to administer.

 

The children of Thomas Ahmuty by his first marriage to Mary Staples:

 

Grace Ahmuty

Grace Ahmuty married 16 February 1801 Michael Grogan of Bristol at St Stephens Church Bristol Gloucestershire. Marriage Register Entry No. 115.  Michael Grogan of this Parish and Grace Ahmuty of the same were married in this Church by Banns this Sixteenth Day of February in the Year One Thousand Eight Hundred and One. By me Rev Edward Colston Grevile rector. In the Presence of  John Sunderland. Hannah Johnson.

 

Grace Ahmuty was disinherited by codicil in her father's Will and in 1803 Michael Grogan witnessed the Will of John Townley Ahmuty son of John Ahmuty and Maria Elizabeth Anderson.

 

Grace Grogan of Taunton Somerset widow in her Will given below appointed her sister Alice Ahmuty of Rivers Street Bath the sole executrix.  Beneficiaries included her brother Colonel Thomas Arthur Staples Ahmuty, sister Charlotte Margaret Elizabeth Swift and half sisters Frideswide Smyth and Maria Louisa Sandys. 

 

Grace Grogan - Will dated 20 June 1823 proved 7 April 1826.

Summary.  Grace Grogan of Holway within the parish of Taunton Saint Mary Magdalen in the county of Somerset widow and relict of Michael Grogan deceased firstly I give Mrs Mary Powell of Holway nineteen guineas.  I request my executrix and sister Swift to give my silver spoons and wearing apparel and any other movables to such person as they shall think fit who shall have the care and attendance of me in my last illness.  I bequeath my brother Colonel Thomas Arthur Staples Ahmuty £200 and my two half sisters Frideswide Smyth wife of Robert Smyth of Portlick in the county of Westmeath and Maria Louisa Sandys wife of Robert Sandys of Crevah in the county of Meath £50 apiece. 

 

She devised her sister Alice Ahmuty of Rivers Street Bath spinster £300 in trust to invest in Government or real security the proceeds and  all or part of the principal monies payable from time to time into the proper hands of her sister Charlotte Margaret Elizabeth Swift wife of John Swift of Dublin ecclesiastical proctor during her life for own disposal use and benefit apart from and exclusive of her said husband and not subject or liable to his control debts or engagements.  She bequeathed her sister Alice Ahmuty £300 and all the rest and residue of estate and effects whatsoever and wheresoever subject to payment of debts funeral and testamentary expenses.

 

I do make constitute and appoint my sister Alice Ahmuty executrix of this my last will with full power to reimburse herself of all costs and expenses incurred in the execution of all or any of the trusts.  In witness whereof I have to this my last Will and Testament contained in two sheets of paper to the first sheet subscribed my name and this second and last sheet have subscribed my name and affixed my seal 20 June 1823 - Grace Grogan (ls) signed sealed published and declared by said Grace Grogan testatrix in the presence of us who in her presence at her request and in the presence of each other have subscribed our names as witnesses thereto (the word eight in the date of the year first written on an erasure)  John Liddon of Taunton surgeon.  Henry Jas. Leigh of Taunton attorney at law.

 

The Will was proved at London 7 April 1826 before the Judge by the oath of Alice Ahmuty spinster the sister sole executrix to whom admon was granted having been first sworn by Commission duly to administer.

 

Alice Ahmuty

Alice Ahmuty who died unmarried in 1848 was an executrix of the estates of her father and sisters Harriet Ahmuty and Grace Grogan.

 

Bath Directory 1837. 

James Evans (landlord). 

Miss Ahmuty  23 Brock Street.

 

Bath Directory 1841. 

John S. Ransom (landlord). 

Miss Ahmuty 23 Brock Street.

John Smith Ransom grocer and tea dealer 23 Brock Street.

Mrs General. Pine Coffin 15 Alfred Street.

Miss Pine Cotton  6 Park Street.

Philip Henry Watts 20 Queen Square solicitor.

Rev George Gregory Gardiner 12 Cavendish Place.

 

Census 7 June 1841. 23 Brock Street, Bath Somerset.

Alice Ahmuty  independent means.

John Ransom 25 tea dealer.

John Cooke 20 assistant.

Mary Pheobe 40 servant.

Martha Reason 35 servant.

 

Alice Ahmuty died unmarried in 1848 and in her Will given below appointed two executors Rev George Gregory Gardiner and Philip Henry Watts solicitor.  Beneficiaries included her brothers in law Robert Smyth and Robert Sandys, nephews William Somerville Ahmuty, Robert and John Swift, nieces Frideswide, Louisa Maria, Alicia, Emily, Maria and Harriet Smyth, nieces Frideswide and Alicia Sandys and nieces Alicia and Harriet Swift.  Friends Mrs Daniel of Westbrook House and Maria Pine Coffin wife of Major General John Pine Coffin and daughter of the late George Monkland of Belmont Bath.   

 

Gentlemans Magazine 17 January 1848.  At Bath Miss Ahmuty sister of the late Colonel Ahmuty (Thomas Arthur Staples Ahmuty).

St Swithins Church Walcot Burial Register 24 January 1848.  Alice Ahmuty of Brock Street aged 79.

 

Alice Ahmuty - Will dated 5 May 1846 proved 7 February 1848.

Summary.  Alice Ahmuty of Brock Street in the parish of Walcot in the city of Bath Somerset desired to be buried in the parish church of Walcot as near as possible to her late sister Harriet Ahmuty but if dying in the vicinity of London to be buried at the Foundling burial ground in the same vault with her late mother.  She bequeathed her nephews Robert Swift and John Swift £30 each and nieces Harriet Smith widow of the late John Smith £80 and Alicia Matthias £100.  Nieces Frideswide Martin and Alicia Sandys daughters of her brother in law Robert Sandys and nieces Frideswide Beechey, Louisa, Alicia, Emily, Maria and Harriet Smyth daughters of her brother in law Robert Smyth £80 each.  To nephews the four sons of said Robert Smyth and the two sons of said Robert Sandys £10 each.  Robert Smyth and Robert Sandys £10 each for a mourning ring.  Goddaughter Sophia Alcock daughter of George Alcock late of Bath but now of Dublin £19.19s. and  Isabella Alcock daughter of said George Alcock £10.  George Gregory Gardiner of Bath clerk and Philip Henry Watts of Bath solicitor £30 each.  Martha Reason servant a table, wearing apparel, bed linen and £20.  Friends Mrs Daniel of Westbrook House a cabinet and the china thereon and Mrs Pine Coffin of Alfred Street Bath the gilt table with flowers painted on velvet.  Landlord Mr Evans a circular rosewood table in the drawing room and John Smith Ransom present landlord a sofa table and two card tables.  Nephews William Somerville Ahmuty all china bearing the family arms and Robert Swift a small hair ring set with diamonds, bookcase and all books except (King) Henry's Bible.  Nieces Harriet Smith a large china jar, diamond earrings, chiffonier with ornaments and Henry's Bible, Alicia Matthias a diamond cross and musical work box, Frideswide Beechey the best diamond hoop ring, Louisa Smyth the next best diamond hoop ring, Frideswide Martin the other diamond hoop ring, Alicia Sandys a gold watch, chain and seals, Alicia Smyth one of the pearl hoop rings and hair brooch set in gold, Emily Smyth the other pearl hoop ring and coloured stone brooch, Maria Smyth a small hair brooch set with diamonds and Harriet Smyth enamel watch set with pearls.

 

Alice Ahmuty appointed two executors George Gregory Gardiner and Philip Henry Watts and bequeathed all the rest and residue of property to all her nieces equally for own sole use and benefit independent of any debts and control of their present or any future husband.  In witness whereof I have set my hand this 5th day of May 1846 - Alice Ahmuty  signed by the said testatrix in the presence of us who in her presence and in the presence of each other have hereunto set our names as witnesses Thomas Robert Ransom wine merchant Margarets Buildings.  Thomas Stevens 23 Brock Street.

 

The Will was proved at London 7 February 1848 before the Judge by the oaths of the Reverend George Gregory Gardiner clerk and Philip Henry Watts the executors to whom admon was granted having both first sworn by commission duly to administer.

 

Charlotte Ahmuty

Charlotte Margaret Elizabeth Ahmuty was born 28 April 1773 recorded in St George the Martyr Baptismal Register 25 May 1773. 

Charlotte Ahmuty married 14 February 1805 John Swift son of Richard Swift and Jane Swift at St Marys Church, Bathwick Bath. Marriage Register Entry No. 16. John Swift of the Parish of Bathwick in the County of Somerset bachelor and Charlotte Margaret Elizabeth Ahmuty of the Parish of Walcot in same County were married in this Church by Licence this Fourteenth Day of February in the Year One Thousand Eight Hundred and Five. By me Rev Edwin Tippet. This Marriage was solemized between us John Swift. Charlotte M. E. Ahmuty. In the presence of Godfrey De Burgh. William Carter. 

 

John Swift and Charlotte Ahmuty.  Marriage Allegation and Bond dated 12 February 1805. 

Appeared personally John Swift of the parish of Bathwick in the county of Somerset and Diocese of Bath and Wells and made oath that he is of said parish of Bathwick and is a bachelor 21 years of age and intends to marry with Charlotte Elizabeth Margaret Ahmuty of the parish of Walcot in the county of Somerset and that she is a spinster above the age of 21 years and that he does not know or believe there is any let or impediment by reason of any precontract consanguinity affinity or any other cause whatsoever to hinder the said intended marriage and that the usual place of abode of him the said John Swift has been within said parish of Bathwick for the space of four weeks immediately last past  And prayed a licence to solemnize the marriage in the parish church of Bathwick aforesaid.  The 12th day of February 1805 the said John  Swift made Oath of the Truth of the Premises before me. N. Morgan surrogate.

 

Know all men by these Presents that we John and Godwin Swift esquires of the parish of Bathwick in the county of Somerset are become bound unto the Right Reverend Richard Bishop of Bath and Wells in two hundred pounds of good and lawful money of Great Britain to be paid to him or his certain attorney and for the good and faithful payment well and truly to be made we bind ourselves and each of us jointly and severally our heirs executors administrators firmly by these Presents.  Sealed with our Seals dated the 12th day of February 1805.  The Condition of this Obligation is such that if thereafter there shall be no let or impediment etc. the above bounden John Swift and Charlotte Margaret Elizabeth Ahmuty of the parish of Walcot in the county of Somerset spinster may lawfully solemnize marriage together and afterwards lawfully remain and continue for man and wife according to the laws in that behalf  Provided there be not at this time any action suit plaint quarrel or demand moved or depending before any Judge etc. John Swift. Godwin Swift. Sealed and delivered in the presence of Nathan Morgan.

 

Richard Swift grandson of Meade Swift and Mary LEstrange married Jane Swift daughter of Alexander Swift of Lynn and Elizabeth Pratt daughter of Benjamin Pratt of Agher.  Richard and Jane Swift had children Benjamin Domville Swift married Mary Vaughan;  John Swift married Charlotte Ahmuty;  and Jane Sophia Swift married her cousin Godwin Swift of Lionsden who died in 1814 son of Rev Godwin Swift.

 

John Swift and Charlotte Swift had children named in the Wills of Grace Grogan, Alice and Harriet Ahmuty;  Robert Swift married Miss North;  Harriet Swift married John Smith of Violetstown Westmeath and had son Benjamin Smith;  Alicia Swift married Mr Matthias;  and John Swift married Emily Mostyn daughter of Thomas Mostyn of co. Sligo.

 

Thomas Mostyn appointed to improve the Town and Bay of Sligo married Margaret widow of Edward Jones of Meath and daughter of Robert Algeo and of his two children: Thomas Mostyn born in 1807 married his cousin Elizabeth Algeo and had son James Newcomen Algeo Mostyn who married Alice daughter of William Henry Brownrigg of Bray Wicklow;  and Emily Mostyn married John Swift and had children Thomas Swift, Emily Swift, Charlotte Margaret Swift and John Staples Swift.  

 

Charlotte Margaret Swift born in 1836 married 13 April 1853 Colonel Robert Bradshaw surgeon of Sierra Leone and had daughter Charlotte Elizabeth Bradshaw who married Captain Henry Ponsonby Shaw Darley.

 

John Staples Swift born in 1843 at Sligo emigrated with his mother and her second husband to America and married Ida Marie Card and had daughter Isabella Swift who married William Jenkin.

 

1880 Census St Louis Missouri U.S.A.

John Staples Swift 37  b. Ireland.  

Ida Swift wife 28  b. Missouri.

William Swift 10 yrs.  Ida Swift 5 yrs.  Stella Swift 3 yrs.  Charlotte Swift 1 yr.   all born in Missouri.   

George Bradshaw nephew 23 student b. Ireland.

 

Harriet Ahmuty

Harriet Ahmuty was born 6 April 1772 of Lambs Conduit Street recorded in St George the Martyr Baptismal Register 5 May 1772 and died unmarried in 1820 at Bath Somerset.  In her Will given below she appointed her sister Alice Ahmuty sole executrix and the Rev John Gardiner trustee.  Beneficiaries included her brother Thomas Arthur Staples Ahmuty, nephew William Somerville Ahmuty, sister Charlotte Swift and half sisters Frideswide Smyth and Maria Louisa Sandys and their children.

 

Bath Chronicle Wednesday 22 March 1820 Obituary. On Monday in Brock Street, Miss Harriet Ahmuty third daughter of the late Thomas Ahmuty Esq of Marlborough Buildings. 

 

St Swithins Church, Walcot Bath Burial Register 25 March 1820.  Harriet Ahmuty aged 44 of Brock Street.

 

Harriet Ahmuty - Will dated 19 March 1820 proved 27 April 1820.

Summary.  Harriet Ahmuty of Bath in the county of Somerset spinster bequeathed her sister Alice Ahmuty a diamond cross, cabinet, escritoire, chiffonier with white marble slab, all paintings and pictures and half sisters Frideswide Smyth a silver India work box and Maria Louisa Sandys proceeds from sale of the residue of household goods and furniture.  To brother Thomas Arthur Staples Ahmuty a diamond star and nephew William Ahmuty eldest son of Thomas Arthur Staples Ahmuty £200.  Goddaughter Harriet Swift a harp and friend Charlotte Alicia Taylor of Bath £200.  Sister Alice Ahmuty £300 and £80 annuity payable free of all deductions by two regular half yearly payments for the term of her natural life covered by proceeds from residuary estate invested in public stocks or funds.  Rev John Gardiner of Bath Doctor of Divinity £800 in trust to invest in real securities public stocks or funds the proceeds payable to half sister Maria Louisa Sandys during her natural life not subject to the control or liable for the debts of her present or any future husband and after her decease the proceeds to accumulate and divided among all her children by her present husband Robert Sandys at their majorities.  The two sons of sister Charlotte Swift at eighteen years £600 each in trust to be invested the proceeds payable to Charlotte Swift for life not subject to the control or liable to the debts of her present or any future husband and after her decease the residue to be invested in trust the proceeds divided equally between her two daughters.  I do hereby nominate constitue and appoint Alice Ahmuty sole executrix.  In witness x (ls) 19 March 1820 signed by the mark of Harriet Ahmuty and sealed by her as her last Will and Testament in the presence of us  John Gardiner D.D.  Anne Lory.

 

The Will was proved at London 27 April 1820 before the Judge by the oath of Alice Ahmuty spinster the sister the sole executrix to whom administration was granted having been first sworn by Commission duly to administer.

 

Letitia Ahmuty  died unmarried in 1800.  All Saints Church, Weston Bath Burial Register 6 June 1800. Letitia Ahmuty. 

Monumental Inscription recorded transcript.  Letitia Ahmuty daughter of Thomas Ahmuty died 2 June 1800 aged 20. 

 

Thomas Arthur Staples Ahmuty

Thomas Arthur Staples Ahmuty was born 31 December 1776 of Queen Square recorded in St George the Martyr Baptismal Register 7 March 1777.  In January 1804 he married his cousin Frances Staples daughter of Rev Alexander Staples and Jane Wilson at Mrs Deanes in Granby Row, Dublin and had sons both born on the Malabar Coast in India;  Alexander Ahmuty baptized 23 October 1808 at Quilon and William Somerville Ahmuty baptized 21 May 1810 at Cannanore who married Edith daughter of Rev Christopher Rigby Collins. 

 

He served with the East India Company listed in Certificates of Age of Cadets of this Season 1794 and Cadet Book 1795: (Lushington) Cadet No. 603. 22nd April. The Lord Hawkesbury.  The Fort St George Madras Army List for the Eighth Regiment of Native Infantry February 1801:on furlough to Europe for health reasons returned 1805, on furlough January 1823 to England.  Officers of the Indian Army at the Madras Presidency: appointed Cadet 1795. Ensign 19 March 1796. Lieutenant 29 November 1797. Captain 21 September 1804. Major 5 January 1814. Lieutenant Colonel 28 February 1819. Retired 19 May 1824.

 

Lieutenant Colonel Thomas Arthur Staples Ahmuty of the Madras Establishment.

East India Military Calendar summary. This officer arrived Madras 9 June 1797 appointed to a detachment of the 2nd Battalion 3rd Native Infantry under the command of the late Colonel Oram stationed at Sankledroog and embarked with that corps under command of Lt. Col. Oram in the proposed expedition against Manilla recalled in consequence of hostile preparations made by the late Tippoo Sultan against the British possessions leading to the Mysore War.  He was with Colonel Reads force during the war until capture of Seringapatum in command of a detachment of Europeans composed of details of H.Ms regiments and was at the taking of several hill forts in Mysore wounded at the storming of Sooligheri.  In 1800 due to augmentation and reorganization of the Madras Army he was removed  to the 8th Native Infantry commanded by Lt. Col. Desse and served against the late Doondia Waugh.  In 1801 he went to  England on sick certificate and returned 1805 Quarter Master of Brigade to the Travancore subsidiary force and Assistant Quarter Master General to that force during the war in Travancore and saw action in January and February 1809 at the storming of the enemys batteries.  In May 1810 he was appointed Store Keeper and Paymaster to the Goa susbsidiary force and on its being withdrawn in 1815 was appointed Paymaster to the Mysore Division which he vacated in consequence of a promotion to a Majority in the 8th Regiment.  He commanded this corps with the exception of a few months till March 1819 when promoted to Lieutenant Colonel and appointed to raise the 25th Regiment which was completed and reviewed in a year.  In 1821 he was removed to the 1st Battalion 1st Regiment at Bellary which he commanded for a few months previous to his return to England in January 1823. 

 

Keenes Directory 1829.  Lieutenant Colonel Ahmuty 40 Rivers Street, Bath Somerset.

 

Thomas Arthur Staples Ahmuty died 4 July 1833 at Dungannon Cookstown and in his Will given below directed to be buried at Lissan Church, Cookstown co. Tyrone.  He appointed his wife Frances Ahmuty a trustee and executrix together with Charles Henry Moore and Thomas Hervey Baber.  Two codicils were witnessed by his brother in law Rev Thomas Stanley Monck who married in 1792 Jane Staples the sister of Frances Ahmuty.  He settled on his son and daughter in law William and Edith Ahmuty the interest on £9899.5s.8d but if surviving her husband her part to be null and void unless her father Rev Christopher Rigby Collins had settled on them her share of property bequeathed by her grandfather William Collins of Salisbury. Other beneficiaries included his sisters Alice Ahmuty and Charlotte Margaret Elizabeth Swift, granddaughter Elizabeth Frances Ahmuty and friend Robert Smyth of Portlick co. Westmeath.

 

Bank of England Extract November 1833 summary. Thomas Arthur Staples Ahmuty of Mullamore nr Dungannon Ireland a Lieutenant Colonel of the Honorable East India Company died 4 July 1833 probate granted 9 October 1833 at Doctors Commons to Frances Ahmuty widow one of the executors.  By his Will interest on £9899.5s.8d in the three per cents to be settled on his son William Ahmuty and wife Edith for the term of their natural lives on condition the interest on £3600 be given yearly to his widow Frances Ahmuty.  By codicil monies since vested in Government Securities and India Bonds were not to be transferred without consent given in handwriting of his wife Frances Ahmuty, William and Edith Ahmuty, Thomas Hervey Baber and Charles Henry Moore or by a majority.  I demand to have the whole of the Funds standing in the name of the testator left at my disposal this 25th March 1834.  signed Frances Ahmuty acting executrix.

 

London Gazette 21 July 1840. Pursuant to a Decree of the High Court of Chancery made in cause Ahmuty versus Moore the creditors of Thomas Arthur Staples Ahmuty of Millamore near Dungannon, of Moneymore Londonderry, of Donaghrisk, Dungannon and of Port Stewart Londonderry, all in Ireland, and of Bath Somerset, deceased, late a Lt. Col. in the service of the H.E.I.C. who died 4 July 1833, are by their Solicitors on or before 3 August 1840 to come in and prove their debts before Nassau William senior one of the Masters of the Court at his chambers in Southampton Buildings, Chancery Lane London or in default thereof will be peremptorily excluded the benefit of said Decree.

 

Thomas Arthur Staples Ahmuty - Will dated 22 October 1832 proved 9 October 1833 and 31 July 1838. 

Summary.  Thomas Arthur Staples Ahmuty a Lieutenant Colonel on the retired list of the East India Company now residing at Portstewart Londonderry had monies vested in the funds and Company bonds, a private bond of Robert Smith (Smyth) of Portlick Westmeath, two shares on the life of Elizabeth Princess of Hesse Homburgh daughter of His Majesty George the Third in the Government Tontine, £700 owed by his son William Ahmuty on purchase of Lime Park house and furniture, £700 in the Provincial Bank of Coleraine and funds in Smith Paine and Smith bankers of London which in trust he devised his wife Frances Ahmuty, Thomas Hervey Barber late a civilian on the Bombay Establishment and Charles (Henry) Moore solicitor of Lincoln's Inn. 

 

He bequeathed his son William (Somerville) Ahmuty and wife Edith formerly Collins during their life the interest on £9899.5s.8d. 3% subject to interest on £3600 of sum aforesaid payable to Frances Ahmuty yearly for life in the event of a reduction from the Military Fund.  On the decease of either William and Edith a moiety of interest for the maintenance and education of their children provided they number three or more but if less to apply one third of interest.  On the decease of both William and Edith the principal £9899.5s.8d divided among their children share and share alike to sons on becoming of age and daughters at their majorities or marrying with consent of the trustees.  The settlement of interest on William and Edith as far as regards her participation in case of her surviving her husband to be null and void unless the promise made by Rev Rigby Collins (her father) of settling on them and their children said Edith's full share of property left her by her grandfather (William Collins) under a Deed of Trust shall be faithfully fulfilled and performed.  He left his son a watch gold chain and large chased seal with coat of arms, a pair of silver candlesticks and any sum due on said purchase money the lease and deed of assignment handed him by the trustess.  To sisters Alicia Ahmuty and Charlotte Swift £20 each for mourning.  The rest and residue to his wife for life and use of his diamond star which on her decease to his grandaughter Eliza Frances Ahmuty on her marriage or coming of age.  The principal sums on which his wife received interest at her decease to his son William if widowed to dispose as thought fit otherwise the trustees to invest same for benefit of his children by his present marriage. 

 

I leave my wife Frances Ahmuty residuary legatee and hereby nominate constitute and appoint my wife Frances Ahmuty and Thomas Hervey Baber and Charles (Henry) Moore joint executors and trustees and whom I do request to do me the favour of accepting this trust.  In witness whereof I have set my hand and seal 22 October 1832 - Thos. Arthur Staples Ahmuty (ls) signed sealed and delivered by said testator in the presence of us who in his presence and presence of each other have hereunto subscribed our names as witnesses Thomas Finlay. Alexander Major. Theobald Butler Aldwell.

 

Three Codicils

1. Funds in Government securities and India Bonds not to be transferred without consent in handwriting of Frances Ahmuty, William and Edith Ahmuty, Thomas Hervey Baber and Charles (Henry) Moore or a majority of them.  The trustees left £30 sterling each as a token of his regard.  He directed his funeral be conducted with strictest economy and his body interred in the burying ground of Lisson Church in the parish of Muff.  22 October 1832 - Thos. Arthur Staples Ahmuty. witnessed Thomas Finlay. Alexander Major. Theobald Butler Aldwell.

 

2. The interest of money not settled on his son and daughter (in law) during their life he directed one moiety to the survivor the other to the trustees for educating in an accomplished manner the children of his son.  The principal to be vested in his son to make settlement on any second wife or children he may have born in wedlock. 4 July 1833 - Thos Ahmuty.  witnessed Thos. S. Monck. 

 

3. His wife to have use of all jewels during her life and after her decease to his daughter (in law) Edith. 4 July 1833 - Thos. A. S. Ahmuty.  witnessed Thos. S. Monck. 

 

The Will was proved at London with three codicils 9 October 1833 before the Judge by the oath of Frances Ahmuty widow the relict one of the executors to whom admon was granted being first sworn by commission duly to administer power reserved of making like grant to Thomas Hervey Baber and Charles (Henry) Moore esquires the other executors.

 

The Will was proved at London with three codicils 31 July 1838 before the Worshipful John Dauberry Doctor of Law and surrogate by the oath of Charles Henry Moore (in the Will written Charles Moore) one of the executors to whom admon was granted having been first sworn duly to administer power reserved of making like grant to Thomas Hervey Baber the other executor when he shall apply for same.

 

Frances Ahmuty the widow of Thomas Arthur Staples Ahmuty died 6 October 1836 and in her Will given below bequeathed all her estate and life insurance held with the Clerical Insurance Company to her son William Somerville Ahmuty and his family.  The Rev Alexander Major appointed sole executor but having renounced probate administration was granted 18 March 1837 to William Somerville Ahmuty the son and universal legatee.

 

Asiatic Journal Obituary 1836. At Portstewart, Frances relict of Lt. Col. Ahmuty of the East India Companys service and daughter of the late Rev Alexander Staples of Donaghmore co. Tyrone.

 

Frances Ahmuty - Will dated 5 October 1836 proved 18 March 1837.

Summary.  Frances Ahmuty of Portstewart in the county of Londonderry widow made and published her last Will and Testament in the manner following.  That is to say whereas I have effected an insurance on my life with the Clerical Insurance Company for the sum of £1200 for the benefit of my son William Somerville Ahmuty and his family I hereby bequeath him said insurance and sum payable thereon at my death and also all goods and chattels of what nature and kindsoever.  I hereby nominate and appoint the Reverend Alexander Major of Portstewart executor of this my last will.  In witness whereof I have hereunto set my hand and seal this 5th day of October 1836 - F. Ahmuty signed sealed and published and declared as and for her last Will and Testament by us witnessed at her request in her presence and in the presence of each other Chrisr. ]as. Knox.  Charles ]as. x.  John Acma.

 

On 18 March 1837 admon with the will annexed of Frances Ahmuty late of Portstewart in the county of Londonderry in Ireland widow deceased was granted to William Somerville Ahmuty the son and universal legatee named in said will being first sworn by commission duly to administer the Reverend Alexander Major clerk the sole executor having duly renounced the probate and execution of said will.

 

The son of Thomas Arthur Staples Ahmuty and Frances Staples:

 

William Somerville Ahmuty  (A'hmuty)

William Somerville Ahmuty born 15 January 1810 bap 21 May 1810 at Cannanore, Malabar Coast, India attended Trinity College listed in Alumni Dublinenses pen. Mr Dowdall 5 June 1826 aged 16. born East Indies. s.Thomas Praefectus Militum Generalis in exercitu Indico. 

He married 12 March 1829 Edith Rigby Collins daughter of Rev Christopher Rigby Collins at St Nicholas Church, Sidmouth Devon.  Marriage Register Entry No. 271. William Somerville Ahmuty of this parish and Edith Rigby Collins of this parish were married in this Church by Licence with Consent of Parents this Twelfth day of March 1829.  In the Presence of C. Rigby Collins. William Webster. Eleanor Walton.  Ellen Alcock. 

 

Gentleman's Magazine 13 March 1829. At Sidmouth, Sommerville Almuty (sic) only child of Col. Thos Arthur Staples Almuty (sic) E.I.C to Edith youngest daughter of Rev C. Rigby Collins of the Fortfields. (Sidmouth Devon). 

 

Trewman's Exeter Flying Post or Plymouth & Cornish Advertiser 19 March 1829. On Thursday at Sidmouth, William Somerville Ahmuty only child of Colonel Thomas Arthur Staples Ahmuty H.E.I.C. Service to Edith youngest daughter of Rev C. Rigby Collins MA of the Fort Field.

 

Thomas Arthur Staples Ahmuty in his Will settled on his son and wife Edith the interest on £9899.5s.8d. but should she survive her husband her part to be null and void unless her father Rev Christopher Rigby Collins had settled on them the share of property bequeathed her by William Collins her grandfather.  In 1832 property on the New Canal at Salisbury once of Benjamin Charles Collins late of William Collins was sold by Rev Christopher Rigby Collins, his son Christopher Gerard Rigby Collins and daughters and sons in law Elizabeth wife of Robert  Langworthy, Mary wife of William Webster, Sarah wife of John Walter Phelps and Edith wife of William Somerville Ahmuty to William Bird Brodie son of Rev Peter Bellinger Brodie. 

 

William S. Ahmuty of Loy House, Cookstown co. Tyrone was listed a subscriber to A Topographical Dictionary of Ireland by Samuel Lewis published by S. Lewis & Co. of 87 Aldersgate Street London. 

 

Census 6 June 1841 Montague House, Trinity Road, St Helier Jersey.

William Ahmuty 30 independent.  Edith Ahmuty 25.  Elizabeth Ahmuty 9  b.Ireland.  Christopher Ahmuty 7  b.Ireland

 

Census 8 April 1861 Oldbury Road, Thornbury, Bristol Gloucestershire.

William S. Ahmuty lodger 51 fundholder  b.East Indies. British subject

 

Wells Journal 1868 summary. The Rev Theodosius Burnett Stuart died in July 1868 and the Vicarage of Wookey, at £309 per annum patron the Bishop of the Diocese, had become vacant by his death.  The Journal would be pleased to hear that Rev Shearly had received the appointment but it was later announced the preferment had been given to Rev Morton Drummond the Bishops nephew.  At a presentation in September the Rev Shearly received a purse of a hundred guineas given by parishioners and friends as a testimony of their esteem and respect. The parishioners were led by Mr Ahmuty of The Hermitage, Henton who made the presentation and Dr Purnell the Mayor of Wells who spoke about abuse of patronage. 

 

William Somerville Ahmuty died 11 December 1870 and in his Will given below appointed Mary Ann Peach sole executrix to whom he bequeathed all his estate. He was buried at Henton in the parish of Wookey where a memorial headstone was raised by his widow Edith Ahmuty. 

 

Wells Journal  15 December 1870 Obituary.  On 11th inst. at The Hermitage, Henton Wookey, William Somerville Ahmuty Esq aged 61. 

 

William Somerville Ahmuty - Will dated 6 June 1867 proved 16 February 1871.

Summary.  William Somerville Ahmuty of Henton in the parish of Wookey in the county of Somerset gentleman.  All my real and personal estate and effects whatsoever and wheresoever I give devise and bequeath unto Mary Ann Peach of Henton widow her heirs executors and administrators and assigns according to the nature and tenure thereof respectively.  I appoint the said Mary Ann Peach sole executrix of this my Will hereby revoking all Wills by me heretofore made and declare this to be my last.  In witness whereof I the said William Somerville Ahmuty the testator have hereunto set my hand this 6th day of  June 1867 - Wm. Somerville Ahmuty signed by the testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses H. K. Sheppard solicitor Wells.  E. J. Richards his clerk.  The Will was proved at Wells 16 February 1871 by the oath of Mary Ann Peach widow the sole executrix named in the Will to whom administration was granted.

 

S. Hobbs of Wells solicitor:  Effects under £2000 no leaseholds.  The testator William Somerville Ahmuty was late of Henton in the parish of Wookey in the county of Somerset gentleman and died 11 December 1870 at Henton aforesaid.  On 16 February 1871 the Will of William Somerville Ahmuty late of Henton was proved in the District Registry attached to Her Majestys Court of Probate at Wells by the oath of Mary Ann Peach of Henton widow the sole executrix therein named she having been first sworn duly to administer. 

 

London Gazette 11 July 1871. Pursuant to an Order of the High Court of Chancery in cause Ahmuty versus Moore dated 3 March 1871 all persons having or claiming assignment charge or incumbrance affecting a sum of £9899 5.8d consols (portion of the assets of Thomas Arthur Staples Ahmuty formerly of Port Stewart, Londonderry) are hereby required on or before 28 July 1871 to come in and prove their claims at the chambers of the Vice Chancellor Sir Richard Malins, 3 Stone Buildings, Lincolns Inn Middx or in default will be peremptorily excluded benefit of said Order. Thursday 3 August 1871 at twelve oclock noon at said chambers is appointed for hearing and adjudicating claims.

 

London Gazette 29 August 1871.  William Somerville Ahmuty deceased.

Pursuant to the Act of Parliament intituled An Act to further amend the Law of Property and to relieve the Trustees. Notice is hereby given that all persons having claim or demand on the estate of William Somerville Ahmuty, late of Henton Wookey, Somerset, Gentlemen (who died 11 December 1870 and whose Will was proved 16 February 1871 by Mary Ann Peach, the executrix therein named, in the Wells District Registry of her Majestys Court of Probate) are to send particulars in writing of their claims or demands to the undersigned solicitor to the executrix, at his office at Wells on or before 29 September 1871. At the expiration of which time the executrix will distribute the assets of the deceased among the parties entitled thereto having regard only to claims which the executrix shall then have had notice and will not be liable for the assets so distributed to any person of whose debt or claim the executrix shall not then have had notice.  S. Hobbs junior solicitor Wells Somerset 22 August 1871.

 

Court of Chancery 11 June 1872 summary.  In the Matter of the Estate of William Somerville Ahmuty late of Henton in the parish of Wookey Somerset between John Watts plaintiff and Mary Ann Peach widow defendant. Upon the application of John Watts of Shepton Mallet Somerset, Fishmonger who claims to be a Creditor of the above named William Somerville Ahmuty.  Let Mary Ann Peach the executrix attend at my Chambers in the Rolls Yard, Chancery Lane Middx on Thursday 20 June 1872 at 11 of the Clock in the forenoon and shew cause if she can why an Order for the Administration of the personal estate of said William Somerville Ahmuty by the High Court of Chancery should not be granted. 11th day of June 1872. Romilly, Master of the Rolls.  This Summons was taken out by William Hammond of the . . Inn in the city of London agent for John . . of Shepton Mallet, Somerset solicitors for the above named Plaintiff.  To the above named Defendant: If you do not attend either in Person or by your Solicitors at the time and place above mentioned such Order will be made and proceedings taken as the Judge shall think just and expedient.

 

The Times Thursday 3 September 1885.  The Legal Representative of the late Mrs Edith Ahmuty, wife of William Somerville Ahmuty, who died Kildare Terrace, Westbourne Grove, Paddington Middx the 6th February 1885, is requested to Communicate with H.M's Procurateur, Guernsey in reference to a matter connected with her estate.

 

The children of William Somerville Ahmuty and Edith Rigby Collins:

 

Census 6 June 1841. Montague House, Trinity Road, St Helier Jersey. 

William Ahmuty 30 ind.  Edith Ahmuty 25 wife.  Elizabeth Ahmuty 9  b.Ireland.  Christopher Ahmuty 7  b.Ireland

 

Elizabeth Frances Ahmuty  

Elizabeth Frances Ahmuty married in March 1853 William Edward Blackburrow of Banwell at Stratford upon Avon, Warwickshire.

 

Census 6 June 1841 Towerhead House, Banwell Somerset.

John Blackburrow 75 independent  b.Banwell.  William Blackburrow 20 independent  b.Banwell.

 

Census 30 March 1851 Webbington Farm, Compton Bishop, Somerset.

Jebe Collings head unm 35 farmer of 159 acres employing four labourers  b.Compton Bishop.

Mary Collings mother widow 66 landed proprietor  b.Badgworth.

William Edward Blackburrow visitor unm 31 landed proprietor  b.Banwell.

Elizabeth Stokes dairymaid 22 b.Wedmore.

Elizabeth Marshall housemaid 18 b.Axbridge.

Henry Hemmings farmhand 17  b.Winscombe

 

Christopher Rigby Ahmuty 

Christopher Rigby Ahmuty became bankrupt in 1862 and died in 1875.

 

The London Gazette 31 January 1862. Christopher Rigby Ahmuty late of 108 Regent Street in the County of Middlesex and now a prisoner for debt in the Queens Prison in the County of Surrey, having been adjudged bankrupt by a Registrar of the Court of Bankruptcy in London attending the Queens Prison the 18th day of January 1862 and, the adjudication being directed to be prosecuted at the Court of Bankruptcy in London, is hereby required to surrender himself to Henry Philip Roche a Registrar of the Court at the First Meeting of Creditors to be held before the Registrar on the 14th day of February next at eleven oclock in the forenoon precisely. Mr William Bell of 3 Coleman Street Buildings the Official Assignee and Mr Aldridge of Moorgate Street the Solicitor acting in the Bankruptcy.

 

The Times 1 February 1862 Bankrupts Notice of Adjudications & First Meeting of Creditors.  To Surrender at the Bankrupts Court London. Christopher Rigbye (sic) Ahmuty late of Regent St. Feb 14 at 11. sol. Mr Aldridge, Moorgate Street. offi.assig. Mr Bell, Coleman St Bldgs. 

London Gazette 14 February 1862 Law Notices  This Day. Bankruptcy Court, Basinghall Street before Mr Registrar Roche. First Meeting.  A. Brown. J. Bright. C. R. Ahmuty.

 

London District General Docket Book Ledger Entry No. 37. Christopher Rigby Ahmuty non-trader late of 108 Regent Street and now a prisoner for debt in the Queens Prison Surrey.  Adjudication by Registrar under £300. Petition Filing 18 Jan. 1862.  Commissioner of Court Mr J. Evans.  Advertised 31 January.  Annulled 23 July 1863 upon payment of Bankrupt.

The Times 22 August 1863 Bankruptcies Annulled.  Christopher Rigby Ahmuty of Regent Street, Middx.

 

The Law Times 26 October 1867. Proclamation of Outlawry. At the Sheriffs Court, Red Lion Square last week, the following defendants were proclaimed for the last time.  Christopher Rigby Ahmuty, Jabez Richard Quinton, J.W.L. Fox, W. D. Kelly, Theophilus A. Buckley, Francis Thomas, John Lambert, Edward N. Monkhouse.  This was the first County Court of the new sheriff.

 

Obituary March 1875 Christopher Rigby Ahmuty aged 41 buried St Georges Church, Hanover Square Middx.

 

Bill of Complaint 26 July 1838. To the Right Honourable Charles Christopher Baron Cottenham of Cottenham in county of Cambridge Lord High Chancellor:  Humbly complaining your orators infants under 21 years namely Elizabeth Frances Ahmuty of about 8 years and Christopher Rigby Ahmuty of about 6 years by Christopher Gerard Rigby Collins of Sidmouth Devon their next friend.  Defendants William Somerville Ahmuty, Edith Ahmuty and Charles Henry Moore.

 

12 January 1839.  Answer of William Somerville Ahmuty and Edith Ahmuty.

Summary.  These defendants admit Thomas Arthur Staples Ahmuty published his last Will and Testament dated 22 October 1832 with three codicils and that Frances Ahmuty proved his Will with power reserved to Charles Henry Moore.  Frances Ahmuty as executrix held all personal estate and transferred into the names of herself and Charles Henry Moore £9899.5s.8d. 3% consolidated annuities in the testators name in the books of the Governor and Company of the Bank of England to answer the legacy settled on William Ahmuty, his wife Edith and their children.  Frances Ahmuty departed this life October 1836 and the sole executor having renounced probate William Somerville Ahmuty was granted admon by the proper Ecclesiatical Court and is now the legal personal representative. Since the death of Frances Ahmuty the other defendant Charles Henry Moore has proved the testators Will and is now the legal representative. The defendants have had only two children Elizabeth Frances Ahmuty and Christopher Rigby Ahmuty and say William Somerville Ahmuty the father is unable to maintain and educate them according to their station in society and that these defendants are necessary parties to this suit as they have an interest in said annuities and the residuary estate.

 

12 December 1838.  Answer of Charles Henry Moore sworn at the Public Office, Southampton Buildings Middx.

Summary.  This defendant believes Thomas Arthur Staples Ahmuty the testator departed this life not the 5 July 1833 but the 4 July 1833 and left surviving his widow Frances Ahmuty, son William Somerville Ahmuty (in the Will called William Ahmuty) and wife Edith. This defendant willing to act as a trustee but not in the excutorship and Thomas Harvey Baber also an executor and trustee believed to be still resident in the East Indies and therefore Frances Ahmuty alone proved the testators Will in England and Ireland. This defendant (in the Will called Charles Moore) admits Frances Ahmuty transferred £9899.5s.8d into their joint names and paid all legacies save that of Thomas Harvey Baber believed not payable in consequence of his not acting as a trustee. On 20 July last Arbuthnot & Latham of Great Saint Helens, Bishopsgate Street London transferred into his name as trustee £5186.5s.5d comprising £4941.15s 6d from two Bengal Remittable Loan Notes and dividends transmitted from India under power of attorney from Frances Ahmuty.  Two Schedules annexed hereto to be taken as part of his Answer set forth according to the best of his knowledge and belief a full true and particular account of all the funds and securities upon which the residue of the testators personal estate and effects were invested and how he has applied and disposed of same.  This defendant has a copy of Frances Ahmutys executorial account and divers others of particulars but the testator's books and papers always remained in her custody and he never had in his possession any books of account letters copies or extracts from letters papers documents entries memorandums writings relating to the testators personal estate. He did not prove the testators Will or act as executor during the lifetime of Frances Ahmuty but since her death and at the request of the Complainants solicitors has proved the Will in the Prerogative Court of the Archbishop of Canterbury being the proper Ecclesiastical Court. As surviving trustee he will act as this Honorable Court shall direct upon being indemnified and receiving his costs charges and expenses in this behalf incurred. This defendant submits to the judgement of this Court whether William Somerville Ahmuty the father of the Complainants is unable to maintain and educate his children according to their station in society and that William Somerville Ahmuty and his wife are necessary parties to this suit as they have an interest in said annuities and  residuary estate.  Without this there is no other matter cause or thing in the Bill of Complaint that has not been hereby well and sufficiently answered and this defendant is ready and willing to aver and prove as this Honorable Court shall direct and humbly prays to be hence dismissed with his reasonable costs and charges about his suit in this behalf most wrongfully sustained.  Charles Henry Moore.  George Lake Russell.

 

First Schedule: Part 1. Particulars of funds in which Frances Ahmuty executrix invested the residue of the testators estate into the joint names of herself and Charles Henry Moore and dates of transfers.  Part 2.  Particulars of funds at time of the death of Frances Ahmuty and in whose names such funds are now standing.   Part 3.  Account of money received by Mr Moore since the death of Frances Ahmuty regarding dividends and of his application thereof.  Charles Henry Moore surviving trustee of the late Thomas Arthur Staples Ahmuty on account with the Cestui Que Trust - beneficial trust.

 

Second Schedule.  Documents and Papers in possession of Charles Henry Moore.

Copy of deed of trust executed by William Collins 1 August 1810.  Letter from Sir Thomas Staples 14 January 1833.  Two accounts current with James Elliott.  Accounts current Ball & Co, Smith Payne & Smith and Provincial Bank of lreland.  Captain Baker's account re arrears of pay due to Lieutenant Colonel Ahmuty.  Probate of  Lt Col Ahmutys Will granted to Frances Ahmuty 9 Oct 1833.  Copy marriage settlement Thomas Arthur Staples Ahmuty with Miss Frances Staples 2 Dec 1803.  Bond of Robert Smyth of Portlick Westmeath 16 Jan 1824 in penalty of £200 for securing £100 and interest.  Warrant of attorney by Robert Smyth 16 Jan 1824 to confess judgement on bond for £200.  Copy of Frances Ahmutys executorial account of Lt Col. Ahmutys estate and effects.  Bundle of forty one vouchers on executorial account payments.  Eight bank receipts of transfers made by Frances Ahmuty to trustees. Copy receipt Bengal Remittable Loan Note 31,700 Sicca Rupees deposited by Lt Col Ahmuty with Accountant General of Fort St George 31 Dec 1822 and ditto 6,000 Sicca Rupees 18 Jan 1823.  Duplicate power of attorney 4 August 1835 from Frances Ahmuty to Arbuthnot & Co re Bengal Notes.  Duplicate letter of instruction 8 August 1835 from Frances Ahmuty to Arbuthnot & Company.  Bundle of papers and letters re Bengal Notes and payment Arbuthnot and Frasers account transmitted from India and letters of Arbuthnot & Latham re investment of proceeds.  Five bank receipts re investment proceeds of Bengal Notes in £3% Consols and dividends thereon. Four bank receipts re investment of dividends on trust funds by Mr Moore since death of Frances Ahmuty.  Two Cases with Mr George Lake Russell's opinion thereon. Double probate of Thomas Arthur Staples Ahmutys Will granted Charles Henry Moore 31 July 1838.  General Trust Account kept by Mr Moore from commencement of trust to present time.

 

Thomas Arthur Staples Ahmuty appointed Thomas Hervey Baber an executor and trustee and in 1838 Charles Henry Moore stated Thomas Hervey Baber had been and was still believed to be resident in the East Indies and that all legacies had been paid save his not payable in consequence of his not acting as a trustee.  Thomas Hervey Baber was in the service of the East India Company: Revenue Department, Calicutt 1798-1808.  Zillah Judge of the Court of Tellicherry later of Mangalore 1808-1816.  Third Judge of the Provincial Court of Circuit & Appeal Western Division 1818-1824.  Principal Collector & Political Agent of South Mahratta 1824-1827. Chief Judge of the Provincial Court of Circuit & Appeal Western Division 1827-1828.

 

Thomas Hervey Baber son of Thomas Baber of Slingsby Yorkshire married in January 1798 Helen Somerville Fearon daughter of Somerville Fearon of Edinburgh and sister of James Peter Fearon of the East India Company;  James Ahmuty son of Colonel Arthur Ahmuty married in December 1805 Mary Anne Fearon late of Edinburgh at Cawnpore in West Bengal.  Obituary Tellicherry 10 April 1839. Helen Somerville Baber wife of Thomas Hervey Baber late of the Bombay Civil Service.  Thomas Hervey Baber died 1843 in India.  Henry Fearon Baber born in Tellicherry son of Thomas Hervey Baber married in 1841 Maria Jane Harris at Madras and died in 1861 at Kursiany near Darjeeling. 

 

Alumni Oxonienses.

Henry Hervey Baber s.Thomas Baber of Slingsby, Yorks gent. All Souls College matric 18 April 1795 aged 19. BA 1799. MA 1805. rector of Stretham, Cambridgeshire 1827. Keeper of Printed Books at the British Museum 1812-1837. died 28 March 1869 aged 94.

 

Alumni Cantabrigienses.

Thomas Francis Baber s.Thomas Hervey Baber. Adm pens Christs College 24 Nov 1819 aged 18. born Tellicherry East India. school Westminster matric michs 1820. served with the East India Co. cadet 1821 Madras. ensign unattached 1822. Lieut. 44th Native Infantry 1825.  died at sea 21 January 1827.  

 

John George Baber s.Henry Hervey Baber. adm pens Caius College 14 May 1845. born June 1824 London. schools Merchant Taylor & Brighton. Rev Dr Butler. matric michs 1845. BA 1850. MA 1855. ord deacon 1851. priest Ely 1852. curate Uttoxeter Staffs. curate Thorverton Devon 1855-74. died 12 December 1891 Clifton Bristol.

 

Harry Baber s.Henry Hervey Baber. adm pens Trinity College 13 June 1834 aged 17. born 18 March 1817 London. school Westminster matric michs 1834. scholar 1835. BA 1839. MA 1842. ord deacon Norwich 26 July 1840. priest 11 Aug 1841. curate St Marks, Park Street London. Diocesan Inspector of Schools for Cambridgeshire 1844-1847. chaplain Whitelands Training Institution, Chelsea Middx 1847-1872. vicar Ramsbury with Axford, Wilts 1872-1891. rural dean Marlborough 1881. married 10 August 1847 Sarah Frances Rodwell daughter of J. Rodwell of Alderton Suffolk. died 18 January 1892 aged 74.

 

Harry Hutchinson Baber s.Harry Baber. adm pens Trinity College 2 May 1868. born 17 April 1850 London. school Marlborough matric 1869. BA 1873. MA 1877. adm Lincolns Inn 11 Nov 1871. called to the bar 1875. supported the Home and Hospital for Incurables, Stretham. died 12 March 1937 aged 86.

 

The children of Thomas Ahmuty by his second marriage to Alice Frideswide Moore: 

 

Maria Louisa Ahmuty (Aghmuty)

Maria Louisa Ahmuty married 23 December 1808 Robert Sandys esq at St George's Church, Dublin the marriage solemized by Rev Alexander Staples D.D rector of Gowran brother of Frances Staples who married in January 1804 Thomas Arthur Staples Ahmuty. 

 

Robert Sandys and Maria Louisa Ahmuty had two sons and daughters Frideswide Sandys and Alicia Sandys the family named in the Wills of the daughters of Thomas Ahmuty by his first mariage to Mary Staples - Frideswide Sandys married Mr Martin noted by Alice Ahmuty and Robert Sandys of Crevah co. Meath by Grace Grogan. 

 

Frideswide Ahmuty

Frideswide Ahmuty baptized in 1786 at St George's Church Dublin where she married 27 November 1807 Robert Smyth of Portlick Castle Westmeath and had sons Robert Ralph Smyth, Arthur Wolfe Smyth, Ralph Thomas Ahmuty Smyth, Sidney Nicolas Daniel Smyth and daughters Frideswide Maria Moore, Louisa Maria, Alice, Emily, Maria and Harriet Smyth named in the Wills of the daughters of Thomas Ahmuty by his first marriage to Mary Staples. A private bond of Robert Smyth of Portlick was held by Thomas Arthur Staples Ahmuty noted in his Will. Obituary Portlick Castle 10 April 1869. Ralph Thomas Ahmuty Smyth third son of the late Robert Smyth of Portlick Westmeath.

 

Frideswide Maria Moore Smyth eldest daughter of Robert Smyth married in 1838 Richard Brydges Beechey RN son of Sir William Beechey and Ann Phyliss Jessop.  United Services Magazine 29 November 1838. At Benowen (Athlone Westmeath) Lieut. R. B. Beechey RN to Frideswide Maria Moore eldest daughter of Robert Smyth esq of Portlick Castle.

 

Census 3 April 1881. 13 St. James Terrace, Plymouth Devon.

Richard B. Beechey 72   b. Harley Street, London.

Frideswide Beechey wife 62  b. Portlick co. Westmeath.

Annie L. Beechey dau unm 32  b. Limerick.

Frideswide F. Beechey dau unm 30  b. Galway.

Frideswide Smyth niece unm 20  b. Portlick co. Westmeath.

Isabel Barnes cook 58  b. Cornwall. 

Alice Luckam housemaid unm 20  b. Stoke Damerel, Devon

 

Admiral R. B. Beechey died Friday 11 March 1895. Naval and Military Record Obituary summary. The death is announced at Southsea of Admiral Richard Bridges (sic) Beechey son of the late Sir William Beechey of the Royal Academy.  This deceased officer for some time lived at Plymouth and afterwards moved to Portland Terrace, Southsea where he pursued with remarkable success his fathers art as a painter.  Several of his pictures hang at Osborne and in the jubilee year he was commissioned by the officers of the Royal yacht to paint a sea piece for presentation to her Majesty.  In spite of his being eighty-six years of age, his name was recently mentioned as a probable successor to Sir Oswald Bayenly as marine painter to the Queen but he was then in very indifferent health and shortly before Christmas he suffered so much from weak action of the heart that his relatives were summoned to his bedside. He rallied and though feeble from old age he regained some amount of strength.  The prolonged frost proved a severe trial to him but he escaped the epidemic of influenza and died on Friday from heart affection accelerated by his advanced age. Admiral Beechey joined the navy as a cadet in March 1821 and three years later served as a midshipman in the Naiad at the blockage of Algiers and in several boat and cutting-out expeditions; he also served in the Blossom in a voyage of discovery to the Pacific and twice visited Bering Strait taking part in the Polar expeditions of Captains Parry and Franklin. 

 

Frideswide Fanny Beechey of Leinster Lodge, Clontarf eldest daughter of Richard Brydges Beechey married 5 June 1884 Thomas Benjamin Rowland of Mountain View, Clontarf near Dublin.  They were both noted chess players and in 1882 she was the first woman to win a prize as a composer of chess problems.  Her book Chess Blossoms published in 1883 was followed by Chess Fruits in 1884 which she co-wrote with her husband T. B Rowland.  In 1899 Mrs Frideswide F. Rowland edited Pollock Memories - A collection of Chess Games, Problems &c in which a biography of the late W. H. K. Pollock was compiled from her personal recollections.  In the book were two advertisements with the return address of 6 Rus-In-Urbe, Kingston Ireland: Typewriting - F. F. Rowland. Authors' MSS, Circulars &c Typewritten at very moderate terms. Graphology - Frideswide F. Rowland the well known expert sends full detail delineations of character from handwriting on receipt of stamped addressed envelope and 6d in stamps or 1/- Postal Order, by return post.

 

Thomas Benjamin Rowland was a member of the Clontarf Chess Club when a challenge was issued by the Belmont Club to a double match contest of chess and tennis the event described in the Dublin Evening Mail 26 August 1891.

Summary. The Clontarf Club in being singled out for the distinction of receiving the challenge was known to possess a strong element of tennis for many of its members figure prominently in the records of that prosperous young institution the Clontarf Lawn Tennis Club.  The Clontaffites at once gallantly accepted the unique challenge and after settlement of preliminaries sallied northwards on the appointed day 16th August 1891 with the team of Messrs C. Drury, S. Fitzpatrick, Powis Hoult, H. Jenkins, W. Morrow, T. B. Rowland, K A. Rynd, Porterfield Rynd and A. Stephens accompanied by Mr R. McFerran.  Most cordially welcomed on their arrival in the Northern capital by the president Mr D. R. Lowry and other officers of the Belmont Club, the Clontarf team lost very little time in repairing to the picturesque grounds of the Belmontites near Sydenham.  The Belmont Club was determined to make the day a gala occasion and the Band of the 2nd Battallion Rifle Brigade performed numerous musical numbers conducted by Sergeant F. McGarry while an impressive banquet was prepared for the southern visitors.  The tennis events were the first to be decided and in the singles honours were divided while in the doubles Belmont obtained a majority.  The rack and dust of the journey had an obvious effect on the nerves and optics of the visiting team which would account for them not exhibiting their very best form nevertheless the Belmont players were a strong lot and played so well that the result may fairly be attributed to their superior skill.  Before the Chess events a repast of a sumptuous kind was laid in the Ferguson Hall adjoining the tennis grounds.  The tables and walls were gorgeously decorated with flowers and the eye caught the conspicuous display of the Clontarf colours red and blue provided by red poppies and blue cornflowers alternating with the Belmont colours of blue and yellow provided by blue iris and yellow marguerites. The Clontarf leader Mr T. B. Rowland was visibly affected with anxiety for the fate of his chess team who if they yielded to the temptation of the rich banquet - many joints of roast meat and foul accompanied by a profusion of fruits strawberries, raspberries, grapes, while a wonder of size and flavour was the enormous salmon carried to the table in two halves which put together made a young whale in length and height - might be unable to cope with their adversaries.  At 8 o'clock he however had the satisfaction of seeing his variants march off to the chequered squares in good fighting form.

 

Sir William Beechey born in 1753 at Burford Oxford was a celebrated portraitist and painted many members of the Royal Family, nobility and fashionable society.  His wife Lady Anne Phyllis Beechey born in 1764 at Thorpe, Essex also an artist noted for her miniatures and drawings exhibited for a time under her maiden name of Anne Jessop.  Many of the family also artists had their specialised works displayed in Exhibitions held in London.noted in the Dictionary of Artists 1760-1893: Augusta Beechey figures 1824-1833.  Frances Beechey (Mrs Edward Hopkins) Canadian landscapes 1860-1891. Frederica Beechey landscapes 1870-1874.  George D. Beechy portraits 1817-1832.  Henry Beechey seascapes 1829-1838. Richard Brydges Beechey seascapes 1832-1877. S. R Beechey portraits 1859. Sir William Beechey 1776-1839 portraits.  Lady Beechey 1799-1805 miniatures. 

 

Naval Biographical Dictionary by William O'Bryne 1849.

Summary.  Richard Brydges Beechey born 17 May 1808 is brother of Captain Frederick William Beechey RN. This Officer entered the Royal Naval College 1 March 1821 and embarked in June 1822 on board the Espiegle, Capt. Henry Theodosius Brown Collier, on the Home station.  He next joined the Owen Glendower, Capt. Sir Robert Cavendish Spencer, employed on a Particular Service and then the Seringapatam, Capt. Samuel Warren, in the West Indies.  On 2 April 1823 he rejoined Sir Robert Cavendish Spencer as midshipman on the Naiad and in that frigate was at the blockade of Algiers in 1824 and while on the coast of Barbary took part in several boat expeditions, especially in the cutting out of a vessel laden with grain from under the forts of Bona.  He next became attached, for passage home, to the Phaeton, Capt. Henry Evelyn Piffield Sturt.  In March 1825 he joined the Blossom commanded by his brother Capt. Frederick William Beechey with whom he proceeded on a voyage of discovery to the Pacific and thence to the Bering Strait for the purpose of co-operating in the Polar expeditions of Capts. Parry and Franklin.  On his return to England he was promoted to the Madagascar, Capt. Sir Robert Cavendish Spencer, on the Mediterranean station 15 Sept 1828.  After a short servitude on board the Aetna, Capt. Stephen Lushington, he was appointed 1 May 1829 to the Beividera, Capt. Hon. Richard Saunders Dundas, on the Home station and later in April 1831 to the Curacoa, Capt. David Dunn, forming one of an experimental squadron.  He was invalided soon after but in 1835 took part in the Survey of Ireland and continued to be employed on that service, latterly with his name on the books of the Tartarus steam­ vessel Capts. Horatio Thomas  and James Wolfe until advanced to the rank he now holds 31 March 1846, he is at present on half-pay.  Commander Beechey married Frideswide Maria Moore eldest daughter of Robert Smyth Esq of Portlick Castle co. Westmeath. 

 

Naval Biographical Dictionary by William O'Bryne 1849.

Summary.  Frederick William Beechey born 17 February 1796 was son of the late Sir William Beechey, brother of Commander Richard Brydges Beechey RN and brother in law of Lord Grantley.   This officer entered the Navy 7 July 1806 on the Hibernia bearing the flag in the Channel of Earl St Vincent.  Until Jan. 1808 he continued to serve in the same ship under Capts. Tristram Robt. Ricketts, Wm. Bedford, John Conn and Chas. Marsh Schomberg; under the latter of whom and the flag of Sir William Sidney Smith, he escorted to a certain distance the Royal Family of Portugal on its flight to the Brazils in Nov. 1807.  In Jan. 1818 he was appointed to the Trent hired brig, Lieut. Commander now Sir John Franklin, whom he accompanied in a Northern expedition under Capt. David Buchan and in Jan. 1819 to the Hecla sloop, Lieut. Commander Wm. Edw. Parry, to the Arctic Circle receiving in consequence a Parliamentary reward of £200.  In Jan. 1821 to the Adventurer sloop, Capt. Wm. Henry Smyth.  On 5 Nov. 1821 he was appointed in conjunction with his brother Mr Henry W. Beechey to co-operate with the Adventurer in conducting overland a survey of the North Coast of Africa an account published in his Proceedings of the Expedition to explore the Northern Coast of Africa from Tripoli eastward 1821-22.  In Jan. 1825 he was appointed to the Blossom fitting at Woolwich for a voyage of discovery via Cape Horn to Bering Strait to co-operate in concert with the expeditions of Capts. Franklin and Parry to ascertain the existence of a north west passage.  The Blossom after traversing 73,000 miles and rendering the most essential service to the science of navigation arrived at Spithead in Sept. 1828 bringing with her the Rt. Hon. Robt. Gordon late H.M. Ambassador to the court of Brazils and remittances from different parts in the Pacific exceeding 1,500.000 dollars, an account published in his Narrative of a Voyage to the Pacific and Bering Strait, to co-operate with the Polar Expeditions 1825-1826.  In July 1837, May 1840 and March 1844 to the African, Lucifer and Firefly steam vessels in which he has continuously been employed in surveying the coast of Ireland.  Captain Beechey married in Dec. 1828 Charlotte youngest daughter of Lieut. Colonel John Stapleton of Thorpe Lee and sister in law of the late Bishop of Oxford.

 

The British Meteorological Office summary. In 1853 Lieutenant Matthew Maury of the United States Navy convened a Maritime Conference held in Brussels to establish a uniform system of meteorological observations at sea and a general plan of observation on the winds and currents of the ocean.  The British representatives were Captain Frederick Beechey of the Royal Navy and a member of the Board of Trade and Captain Henry James of the Royal Engineers.  Captain Frederick Beechey participated in preparing a final draft of the proceedings and a year later the British Government created the Meteorological Department of the Board of Trade which later became the Meteorological Office.

 

Louisa Howell Ahmuty 

Louisa Howell Ahmuty was born the natural daughter of Thomas Ahmuty by Martha Howell of Bath Somerset. 

St James Church, Bath Baptismal Register 10 January 1798.  Louisa Ahmuty daughter of Martha Howell by Thomas A.

 

Death Duty Register summary.  Date of Probate 21 April 1801. Under £5000.  Cooper & Townsend.

Name & Description of Testator: Thomas Ahmuty of the parish of Walcot Somerset Esquire.

Name of Executor/Executrix: Alice Ahmuty and Harriet Ahmuty spinsters the daughters.

Name of Legatees distinguishing the Residuary Legatee:

1.  Martha Howell of the City of Bath.

Account of the several Legacies and Annuities & Form of the Bequests particularly of the Residue. 

The Interest of £500 for life clear of all Taxes and after her decease the principal to her daughter Louisa Howell the interest for her benefit during her minority: if she dies under 21 years of age to become part of the residue.  Report of the Duty. 4 July 1829. £500 (8)

2.  William Joshua Woody Taylor of Bath, Attorney at Law £50.

 

Howell v Ahmuty.  Court of Chancery Bill of Complaint inscribed 11 February 1804 Hanmer. 

(Alumni Oxonienses.  Hanmer, Walden Henry s. Sir Walden of Hanmer, Flint baronet. one of the Six Clerks of Chancery) 

Complainants  Martha Howell and Louisa Howell.   Defendants  Alice Ahmuty and Harriet Ahmuty.

Summary.  To the Right Honorable John Lord Eldon Baron Eldon of Eldon in county of Durham Lord High Chancellor:  Humbly Complaining shew unto your Lordship your oratrixes Martha Howell of the city of Bath and Louisa Howell of the same city infant under twenty one years by the said Martha Howell her mother and next friend.  Whereas Thomas Ahmuty late of the city of Bath esq deceased was in his life time and at his death seised in fee of a messuage with appurtenances situate in Marlborough Buildings in or near aforesaid city and possessed of a considerable personal estate did duly make and publish his last Will and Testament dated 1 January 1801 which was duly executed and attested as is by law required to pass real estates  Whereby he bequeathed his children Frideswide Ahmuty, Maria Louisa Ahmuty and Moore Ahmuty £1500 and to his daughters Alice Ahmuty and Harriet Ahmuty £100 each in addition to their entitlements  And whereby he bequeathed your oratrix Martha Howell during her life the interest of £500 payable from the day of his death quarterly on 25 March, 24 June, 29 September and 21 December the first payment made on said days as should first happen after his death clear of all taxes and deductions And from and immediately after her decease said £500 to your oratrix Louisa Howell daughter of Martha Howell the interest for her benefit during her minority and should she die before 21 years said £500 to sink into the testators residuary estate.

 

Your oratrixes further shew unto your Lordship the defendants Alice Ahmuty and Harriet Ahmuty have out of the testators personal estate paid all debts and paid or secured to be paid all and every the legacys given by said Will or invested sums sufficient for that purpose in Public Funds or other securities for the benefit of the legatees save said legacy of £500  And that the interest of said £500 was to be paid to Martha Howell toward the support and maintenance of your oratrix Louisa Howell who is the natural daughter of the testator  And that said sum was on the death of Martha Howell to be paid to Louisa Howell as a provision for her which the defendants well knew as also that the testator always intended to make and ought to make such provision  And the defendants have under and by virtue of said Will possessed themselves of property and effects of the testator to a very great amount but have wholly withheld from Martha Howell the interest of said £500. Your oratrix being in great want to enable her to support and maintain her daughter Louisa Howell did on behalf of herself and her infant daughter by herself and others frequently in a respectful manner requested the defendants to comply as aforesaid and well hoped such request would have been complied with as in justice and equity it ought to have been  But now as it is may it please your Lordship the defendants Alice Ahmuty and Harriet Ahmuty combining and confederating themselves together and with divers other persons at present unknown to your oratrixes whose names when discovered they pray they may be at liberty to invest in this their Bill of Complaint with apt words and matter to charge them as parties thereto considering the wrong and injury depriving Martha Howell of the means of supporting her infant daughter wholly to defraud your oratrixes of the benefit intended them  The defendants have absolutely refused to comply with such request and to give a colour of justice to such refusal they give out and pretend the testators messuage or dwelling house in Marlborough Buildings was subject to some encumbrance to the value of the fee simple and that his personal estate was small inconsiderable and insufficient to pay his debts.

 

Whereas your oratrixes charge his personal estate and effects were of very great value and debts if any were very small and trifling and that said messuage was not at the testators death subject to any encumbrance and that the defendants will sometimes admit but then pretend the testators Will was not duly executed and attested and that said messuage ought not to be sold to answer the trusts of the Will  Your oratrixes charge the Will was duly executed and that the defendants and said confederates set up many other pretences equally groundless and unjust  In tender consideration whereof and for as much as your oratrixes are remediless in premises at the Common Law and cannot be relieved therein but in a Court of Equity where matters of this nature are properly cognizable and relievable  To that end therefore the defendants Alice Ahmuty and Harriet Ahmuty and their confederates when discovered may upon their and each of their several and respective corporal oaths according to the best and utmost of their several and respective knowledge information remembrance and belief are to make direct and perfect answer to the matter and things hereinbefore as fully and distinctly as if the same were here over again repeated and they and each of them particularly interrogated thereto.  And that the defendants admit the assets to answer said legacy or otherwise set forth a just and true account of all and singular the personal estate and effects of the testator and an account of the rents of said messuage in Marlborough Buildings received by them or yearly value of in case same hath been possessed or occupied by them  And how and in what manner and when and where and to whom and by whom and for how much the same and every part thereof hath been paid applied appropriated sold or dispersed of and whether any of the parts or part thereof now remain undisposed of  And whether any and what parts or part is or are outstanding and unreceived and why same have not been collected and got in or which but for their willful neglect or default might have been received   And that said £500 may be thereout announced and paid by them and invested under the direction of this Honourable Court for the benefit of your oratrixes.  And if it shall appear the value of personal estate and said messuage be insufficient to answer said legacy then same be forthwith sold and out of the money raised the sum of £500 may be announced and paid or invested for the benefit of your oratrixes  And that the interest thereof directed to be paid to your oratrix Martha Howell for her life according to the testators Will and that your oratrix Louisa Howell may be declared entitled to said £500 upon the event in the testators Will  And that proper and necessary directions be given for effectuating the several purposes aforesaid and that your oratrixes may have further or other relief in the premises as to your Lordship shall seem meet and is agreeable to equity and good conscience. 

 

May it please your Lordship the premises considered to grant unto your oratrixes his Majestys most gracious Writ or Writs of Subpoena issuing out of and under the Seal of this Honourable Court to be directed to said Alice Ahmuty and Harriet Ahmuty and to the rest of the confederates when discovered thereby commanding them at a certain day under a certain penalty to appear before your Lordship in this Honourable Court and then and there true direct and perfect answer make to all and singular the matter and things hereinbefore charged and further to stand to abide by and perform such order direction and decree as your Lordship shall seem meet and is agreeable to equity and good conscience  And your oratrixes shall ever pray etc.  Thos. Lewis.

 

Howell v Ahmuty.  Court of Chancery.

Summary.  George the Third of the United Kingdom of Great Britain and Ireland &c.  To William Joshua Woody Taylor, John English, Robert Clarke, Henry Mant and Richard Jacobs Gooch.  Greetings whereas Martha Howell and others complainants have lately exhibited the Bill of Complaint before us in our Court of Chancery against Harriet Ahmuty and Alice Ahmuty defendants and whereas we have by our Writ lately commanded said defendants to appear before us in our said Chancery at a certain day now past to answer the said Bill.  Know ye that we have given unto you any three or two of you full power and authority to take the answer of the said defendants to the said Bill and therefore we command you and three or two of you that at such certain day and place as you shall think fit you go to the said defendants if they cannot conveniently come to you and take their answer to the said Bill on their corporal oath upon the Holy Evangelists to be administered by you any three or two of you the said answer being distinctly and plainly wrote upon parchment and when you shall have so taken it you are to send the same . . . the seal of any three or two of you unto us in our said Chancery without delay whatsoever it shall then be together with this Writ witness ourself at Westminster.   The . . . day of May in the forty fourth year of our reign.

 

Howell v Ahmuty.  Court of Chancery Bill of Complaint inscribed 20 July 1804 Hanmer.

Summary.  The joint and several answers of Alice Ahmuty and Harriet Ahmuty spinsters two of the defendants to the Bill of Complaint of Martha Howell and of Louisa Howell an infant under the age of twenty one years by the said Martha Howell her mother and next friend complainants.  These defendants saving and reserving to themselves and each of them all in manner and benefit and advantage when may or can be had or taken by exception to the many efforts uncertainties insufficiencies and imperfections in said Bill of Complaint contained for answer or unto so much and such parts thereof as these defendants are advised is material or necessary for them or either of them to make answer unto severally answer.  The defendants admit Thomas Ahmuty late of the city of Bath esquire in his life time and when making and publishing his last Will was at his death seized in fee of a messuage with appurtenances situate in Marlborough Buildings in the city of Bath and was also possessed of a considerable personal estate and that his Will was duly executed and attested as is by law required to pass real estate  They admit Thomas Ahmuty departed this life soon after the date and execution of his Will without having revoked or altered same leaving these defendants his daughters the executrixes who soon after his death duly proved said Will in the Prerogative Court of the Archbishop of Canterbury and took upon themselves the burthen of the execution thereof  And entered into possession or receipt of the rent of said messuage or dwelling house in Marlborough Buildings and also possessed themselves of all the household furniture plate linen china pictures books and other effects therein at the testators death and all his money securities for money and other personal estate and effects whatsoever as far as they have been able. 

 

They say the messuage in Marlborough Buildings was sold to a Mrs Girardot for £1650 and has been duly conveyed to her and she hath been let into the possession thereof  And that the messuage was at the death of the testator subject to a mortgage for securing payment of £700 and have out of said £1650 paid said £700 with an arrear of interest thereon and have also sold the household furniture  They say a great part of the testators personal estate at his death consisted of mortgages on estates in Ireland and have hitherto received but part thereof and have used every diligence in their power to get in the whole thereof and a suit is now pending in the Court of Chancery in Ireland for that purpose  These defendants further answering say the said testator on his first marriage namely on his marriage with Mary Staples entered into and executed certain marriage articles dated 17 July 1765 whereby in consideration of the intended marriage which was afterwards duly had and solemnized he covenanted with certain trustees therein named  That if the then intended marriage should take effect and Mary Staples should survive Thomas Ahmuty and there should be any child or children of Thomas Ahmuty and Mary Staples begotten then in either of such cases the heirs executors or administrators of Thomas Ahmuty should within two months next after his death well and truly pay or cause to be paid unto the trustees thereout named heirs executors administrators or assigns the sum of £7000 lawful money of Great Britain with interest for the same after the rate of four pound per cent per annum to be computed from the decease of Thomas Ahmuty until said principal money could be raised out of his estate and effects upon the trusts following.  That is to say in case Mary Staples should survive Thomas Ahmuty and there should be issue of the intended marriage then living Upon Trust to place out £7000 upon Government or other good security to be approved of by Mary Staples and out of the interest in the first place to pay the clear yearly sum of £200 by half yearly payments to Mary Staples during the term of her natural life  And the surplus of interest of such £7000 in the next place to pay for the maintenance and education of all and every child during their minorities until they should attain 21 years when at such time said share of surplus to be paid and divided amongst all and every such child as they severally and respectfully attain 21 years  In case it should happen Mary Staples should die surviving Thomas Ahmuty and any child or children of Thomas Ahmuty by Mary Staples then living Upon Trust the trustees or the survivors of them his executors should pay and apply the interest of said £7000 to and for the use and benefit of all and every child of Thomas Ahmuty by Mary Staples during their minorities for and towards their maintenance and education until they should attain 21 years  On their severally attaining 21 years to pay and divide said £7000 and its interest into so many shares as there should be children then living that such child so attaining his or her majority with benefit of survivorship and if one child then the whole to be paid to such any child at 21 years as by such marriage articles reference being made thereto and fully appear

 

They say Mary Staples departed this life in the lifetime of Thomas Ahmuty having six children namely Grace now the wife of Michael Grogan, Alice, Harriet, Charlotte Margaret Elizabeth, Letitia and Thomas Arthur Staples Ahmuty and have severally attained the age of 21 years except Letitia who died in her infancy and are entitled to have said £7000 raised and paid to them  But these defendants have not as yet received from the testors estate sufficient to answer the same and have paid debts due and owing to a great amount but the monies and effects come into their hands have been insufficient to answer and satisfy such demands thereon as ought to be first paid and satisfied in preference to said legacy or sum of £500 given and bequeathed by the testator to the complainants.  These defendants are unacquainted with the present situation of the complainants otherwise than that they heard and believe Louisa Howell is now with Isaac Fennell and admit said £500 hath not been set apart and invested upon any security  And that Isaac Fennell  both applied to and requested these defendants to pay him on behalf of Martha Howell the interest of said £500 accrued due and unpaid and to invest said £500 pursuant to the direction in the testators Will   These defendants say they both repeatedly told Isaac Fennell they were ready and would pay when and so soon as they received monies for that purpose but had not received money from Ireland with which information Isaac Fennell appeared satisfied  They believe the interest was directed to be paid to Martha Howell applied towards the support and maintenance of Louisa Howell but whether Louisa Howell be or not be the natural daughter of the testator these defendants cannot in any manner set forth yet

 

They admit they have been informed Louisa Howell is the natural daughter of the testator but of the truth thereof these defendants very much doubt in so much as the testator was for a great length of time previous to his death extremely infirm in health and very much debilitated  And although these defendants do not admit the testator ought to have made such provision for said complainant nevertheless for several months after the testators death they have paid the interest of said £500 to Isaac Fennell for the use of Martha Howell and with whom she once lodged (Robbinss Bath Directory 1800 Isaac Fennell scrivener 1 St Georges place, Bristol Road)  They admit they have declined to continue payment of said interest as the money from the sale of the dwelling house in Marlborough Buildings and the testators personal estate possessed by them had been insufficient to pay and satisfy such demands thereon as must be preferred in payment to said legacy of £500.  These defendants say they have in a schedule hereunder written or annexed hereto which they pray may be taken and considered as part of this their answer set forth according to the best of their several and respective knowledge information remembrance and belief a just and true account of all and singular the personal estate and effects of which the testator was at his death possessed interested in or entitled to and the particulars whereof the same consisted and the quantities qualities natures and kinds thereof   And these defendants have in this their answer or said schedule set forth a true and just account of all and every the sums of money paid by them or either of them as such executrixes for or in respect of the testators estate and how and in what manner and to whom and for what and upon what account the personal account  and effects of the testator possessed by or come to their hands or into the hands of either of them have been applied or appropriated

 

These defendants are willing to act in the execution of said testators Will as this Honorable Court shall direct and deny all manner of unlawful combination and confederacy wherewith they are charged in and by the Bill of Complaint and that any other matter or thing in the Bill of Complaint contained material or necessary for these defendants or either of them to make answer unto and not herein and hereby well and sufficiently answered confessed or avoided traversed or denied is true to the knowledge or belief of these defendants all which matters and things these defendants are ready to aver maintain and prove as this Honorable Court shall award and humbly pray to be hence dismissed with reasonable costs and charges in the law in this behalf most wrongfully sustained   This answer was taken and the above named Alice Ahmuty and Harriet Ahmuty severally sworn to the truth thereof at the house of William Joshua Woody Taylor situate in New King Street within the city of Bath before us by virtue of the Commission hereunto annexed.  W. J. W. Taylor 5 June 1804.  signed Alice Ahmuty.  Harriet Ahmuty.

 

Howell v Ahmuty. summary of Schedule referred to by the annexed answers of Alice Ahmuty and Harriet Ahmuty two of the defendants to the Bill of Complaint of Martha Howell and Another.

To amount of two mortgages on the . .  of George Miller at time of death of the testator (Irish Chancery) £2000. 

To Government Debentures . . 100£ at 4 percent (Irish)  £2400.

To cash in the hands of John . .  banker Dublin (Irish)  £61.10.7.

To amount of interest due to the testator previous and up to I Feb 1799 on both Mortgages (Irish)                £22.19.8.

To amount of ditto from I Feb 1799 to 23 June 1802 on £2800 only 8yrs 4 months and 22 days (Irish)

To ditto from said I Feb 1799 to the present time on £5500   £509.0.8.

2 March 1801. 

To Stock. Consols at time of testators death £2400. 

To cash in the house at testators death  £189.

20 November 1801.

To received by a draft on . .  & Co. from . . £160. 

To interest on said £160 from Nov 1801 to March 1803 1 year 4 months  £10.13.4.

To amount of sale of household furniture china linen etc  £1083.  

To gold snuff boxes sold by Mr Deering  £14.1.6.

To amount of sale of house in Marlborough Buildings  £1650.

To half years dividend on said 3£ Stock  £36.

To £4949.12.7. English currency this day remitted by Mr . . . £4949.12.7.

To 72 yrs dividend on £2400 Stock  £36.

To cash on dividend from Cross's estate  £3.2.0.

To amount of sale of diamond ring  £24.

To money received of Mr Moore being a debt due to the testator  £25.8.6.

To stock transferred to Messrs Smith & Co. bankers by the testator Thomas Ahmuty to pay themselves . .  from him to them and which was got by them for that purpose at 60£ on each 100£ Stock in August 1801 when after including dividends due the 5 July on said 2400£ Stock and likewise what was due on said 1000£ transferred into their hands as aforesaid left a balance in the hands of Smith & Co.  £18.3.6. 

To amount of sale of two camp bedsteads and furniture  £15.3.6.

 

By sundry payments to creditors as per list marked (A) in the hands of the clerk in Court of these defendants in this cause for the Inspection of the said complainants  £2494.19.11.

2 December 1802. 

Paid Grace Grogan her share of £7000 secured by Marriage Settlement  £1400.

Paid Miss Alice Ahmuty in part of £1400 secured by said  Settlement  £1100.

The like to Miss Harriet Ahmuty  £1100.

The like to Miss Charlotte Ahmuty  £1100.

The like to Thos. A. S. Ahmuty esq  £1100.

Paid 13/4 yrs interest to Miss Harriet Ahmuty on £1500 from March 2 1801 to Dec 1802 when £1100 was paid  £131.5.0.

The like to Thos. A. S. Ahmuty on £1400 when said £1100 was paid  £122.10.0.

The like to Miss Charlotte Ahmuty on £1400 when said £1100 was paid  £122.10.0.

The like to Michael Grogan ditto to ditto  £122.10.0.

The like to Miss Alice Ahmuty on £1500 from ditto to ditto  £131.5.0.

By several payments to Isaac Fennell for the complainant Martha Howell to Dec 1802                  £43.15.0.

By loss in difference of Stock in buying in and selling out £6286.8.8. same having been bought in at 71¼ and transferred at 67   including also the expenses of different powers of attorney brokers commission etc  £260.10.7.

By several payments on account of Frideswide and Maria Louisa Ahmuty up to 16 Feb 1803 as per account (B) left in the hands of the clerk in court of these defendants for the inspection of the complainants  £365.16.2.

signed Alice Ahmuty.  Harriet Ahmuty.

 

The Cavendish Family

Sir Henry Cavendish 1st Bt of Doveridge Derbyshire married firstly in 1730 Anne daughter of Henry Pyne of Waterpark co. Cork and had two sons William Cavendish and eldest son Henry Cavendish married in 1757 Sarah Bradshaw and had son George Cavendish secretary to the Lords of Treasury Ireland who married firstly in 1803 Letitia Catherine Caulfeild daughter of James Caulfeild and secondly in 1807 Catherine Smyth daughter of Ralph Smyth of Gaybrook Westmeath.  Henry Cavendish 1st Bt had daughters Margaret Cavendish married John Cossart of Cork, Ann Cavendish married Simon Bradstreet 2nd Bt, Catherine Cavendish married Thomas Burroughs, Caroline Cavendish married firstly George Quin and secondly Thomas Ahmuty, Frances Cavendish married Frederick Flood 1st Bt and Pyne Cavendish married Maurice Crosbie dean of Limerick.  Sir Henry Cavendish 1st Bt married secondly in 1748 Catherine Prittie daughter of Henry Prittie of Dunalley Tipperary and widow of Richard Meade 3rd Bt Clanwilliam and had son James Cavendish who married Harriet Moore Coote.

 

Sir Henry Cavendish 1st Bt died 31 December 1776 and in his Will given below appointed as sole executor his son Henry Cavendish who succeeded as the second baronet. 

 

Sir Henry Cavendish 1st Bt - Will dated 5 December 1776 proved 1 January 1777 and 5 June 1787.

Summary.  The Right Honorable Sir Henry Cavendish of Doveridge in the County of Derby Baronet now residing in the City of Dublin and Kingdom of Ireland do make and publish this my last Will and Testament.  Whereas my manor of Doveridge aforesaid and divers other lands tenements and hereditaments of or belonging to me in the Kingdom of Great Britain stand charged with the sum of £6000 for the portions of the daughters and younger sons of my first marriage by virtue of a settlement bearing date on or about 8 June 1730 made on my future marriage with my first wife since deceased and whereas I had issue by my first marriage two sons Henry Cavendish and William Cavendish and six daughters and have advanced all my daughters in marriage to wit Margaret since deceased, Ann, Catherine, Caroline, Frances and Pyne Cavendish and have paid them out of my own proper money on their marriages several sums of money exceeding their respective shares and proportions of said sum and whereas on the marriage of my eldest son Henry Cavendish with wife Sarah Bradshaw I entered into a new settlement of my manor of Doveridge and divers other lands on or about 11 August 1757 to exonerate and discharge my manor and lands from said £6000 same now ratified.

 

He devised his eldest son Henry Cavendish all lands tenements and hereditaments in Great Britain seized in fee simple or otherwise and all fee simple and unsettled estates in the Kingdom of Ireland his leasehold estate and interest held under the See of Clogher and all other real and personal estate and fortune.  He bequeathed his dear wife Catherine Lady Cavendish £300 a year in full satisfaction of the settlement made on his intermarriage with her and to son William Cavendish £200 a year in lieu and full satisfaction of any claims he may have.  To sister Elizabeth Cavendish £60 a year and daughters Anne Lady Bradstreet, Catherine Burroughs and Caroline Quin each £50 a year but should Mrs Catherine Mainwaring sister of his first wife leave legacies to daughters Ann, Catherine and Caroline of more value or equal to that devised same not a charge on his son.  Since the marriage of my son James Cavendish having settled on him the usual course of marriage settlements the lands of Cullenwaine in Kings County same now ratified.  And  also devised £1000 subscribed to in the Government Tontine Nos. 76 to No. 85 inclusive both bequests in full satisfaction of any claim he has or may have under a certain Deed of Settlement of 5 October 1748.  He bequeathed his wife Catherine Lady Cavendish coach and post chaise and all coach horses jewels and everything that properly can be called paraphernalia for own use and may if she chuses reside in his dwelling house in Kildare Street with use of the furniture for one whole year next immediately ensuing his decease without any charge to her.  Also half of any sums of money as may be due to use at the time of his death on account of the fortune charged for her on and payable out of the estate of the Earl Clanwilliam as heir of his father the late Sir Richard Meade Baronet deceased. 

 

I do hereby constitute and appoint my said son Henry Cavendish sole executor of this my Will.  In witness whereof I have hereunto and to one other part thereof of the same tenor and date set my hand and seal this 5th December 1776 - Henry Cavendish (Is) signed sealed published and declared by the testator the above named Sir Henry Cavendish Baronet as and for his last Will and Testament in presence of us who at his request and in his presence and in presence of each other have subscribed our names as witnesses Thomas Higginbotham.  Robert Watson Wade.  Robert Hutchinson.

 

This last Will and Testament of the Right Honorable Sir Henry Cavendish late of Doveridge in the county of Derby but late of the City of Dublin Baronet deceased was proved in common form of law and probate granted to the Right Honorable Sir Henry Cavendish Baronet the natural and lawful son of the said deceased and the sole executor named in the said Will he being first personally sworn and so forth dated 1st January 1777.   A true copy which I attest Henry Upton registrar.

 

The Will was proved at London 5 June 1787 before the Right Worshipful Peter Calvert Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of the Rt. Hon. Sir Henry Cavendish Baronet son of the deceased and sole executor named in the Will to whom administration was granted of all and singular the goods chattels and credits of the said deceased having been first swom by commission duly to administer.

 

Caroline Cavendish married firstly George Quin of Quinsborough who died in 1791 son of Valentine Quin of Adare co. Limerick and Mary Widenham.  George Quin had sister Mary Quin who married Sir William Barker 3rd Bt and had daughter Mary Barker who married firstly as his third wife Chambre Brabazon Ponsonby of Ashgrove and had son Chambre Brabazon Ponsonby Barker who married in 1791 Henrietta Taylour sister of Thomas Taylour 1st Marquess of Headfort.  Mary Barker married secondly as his second wife Sir Robert Staples 7th Bt who married firstly in 1761 Alicia daughter of Rev Thomas Staples of Derryloran and sister of Mary Staples who married as his first wife Thomas Ahmuty.

 

Caroline Cavendish married secondly in 1792 as his third wife Thomas Ahmuty of 19 Marlborough Buildings, Bath Somerset at St Marys Chapel Bath. Marriage Register Entry No. 323.  Thomas Ahmuty of this Parish esq widower and Caroline Quin of this Parish widow were married in this Chapel by Licence this 18th Day of August in the year One Thousand Seven Hundred and Ninety-Two. This Marriage was solemnized between us  Thos. Ahmuty.  Caroline Quin.  By me Thomas Head Dawson.  In the presence of x. Enid Moore. 

 

Bath Chronicle Thursday 23 August 1792.  Saturday was married at the Chapel in Queen Square, Thomas Ahmuty of Marlbro Buildings esq to Mrs Quin, sister of Sir Henry Cavendish (2nd) bart and mother of Lady Hedford (sic). 

 

All  Saints Church, Weston Bath Somerset. Burial Register.  Caroline Ahmuty 6 January 1801. 

Memorial Inscription recorded transcript. Caroline Ahmuty wife of Thomas and daughter of Sir Henry Cavendish of Doveridge Derby died 1 January 1801 aged 60 years.

 

Mary Quin daughter of George Quin and Caroline Cavendish married in 1778 Thomas Taylour 1st Marquess of Headfort at Westland Row, Dublin. Pompeo Batoni in 1782 painted the Marquess and the Marchioness of Headfort holding her daughter Mary and the 1st Marchioness died in August 1842 at North Brook Lodge, Exeter aged 84.  The 1st Marquess died in 1829 at Lausanne aged 71and was succeeded by his son Thomas Taylour 2nd Marquess who married firstly in 1822 Olivia widow of Edward Tuite Dalton and daughter of Sir John Stevenson; Edward Tuite Dalton was the brother of Philip Tuite Dalton who married Elizabeth Ahmuty daughter of Colonel Arthur Ahmuty and Ursula da Cruz.  The 2nd Marquess married secondly in 1853 Frances daughter of John Livingstone Martyn and widow of Sir William Hay Macnaghten and died in 1870.  He was succeeded by his son Thomas Taylour 3rd Marquess who married firstly in 1842 Amelia Thompson and secondly in 1875 Emily Constantia widow the daughter of Rev John Thynne and grandaughter of the Rev Charles Cobbe Beresford. The 3rd Marquess died in 1894 succeeded by his son Geoffrey Thomas Taylour 4th Marquess D.L. J.P. co. Meath, F.Z.S. Captain Gen. List A.D.C. personal staff WW1 1915. Lieut. 2nd co. London Imp. Yeo. and 1st Life Guards Staff Captain 1916-18 despatches. born 12 June 1878. married Rosie Boote daughter of Marie and Charles Boote music teacher 11 April 1901 at Saltwood near Hythe Kent.

 

The Times 18 August 1958 Obituary summary.  Rose Lady Headfort, widow of the fourth Marquess of Headfort, died at home in London at the age of 80 on 17 August 1958.  At the turn of the century she was the toast of the town when, as Miss Rosie Boote, she had a brief but eminently successful stage career at the old Gaiety Theatre.  She was bom at Tipperary the daughter of a gentleman of independent means and worked her way up to stardom from the ranks of the chorus which she joined at the Gaiety during the run of The Shop Girl in 1895.  Her delightful appearance, her charm both as a singer and a dancer and her readiness to take on any amount of hard work brought her quickly to the notice of George Edwardes of whose company she was a member for the whole of her theatrical career.  When The Runaway Girl was presented at the Gaiety in 1898 Rosie Boote became one of the principals in the part of Marietta the flower girl.  In 1900 came her great chance when she played the part of Isabel Blyth in The Messenger Boy in which she was entrusted with the main song of the show Maisie for which Lionel Monckton had composed the music.  She retired from the stage when she married the fourth Marquess of Headfort in 1901 and never sought to return to it although she continued to take a lively interest in affairs of the theatre.  There were two sons and a daughter of the marriage. 

 

A Dictionary of Theatre summary.  The Gaiety Theatre in London was situated at the east end of the Strand and opened 15 October 1864 as the Strand Musick Hall but its mixed bill of serious music and music hall turns proved unsuccessful and closed 2 December 1866.  A new building was erected seating 1126 people in three tiers and covered a larger area than the former hall.  It opened as the Gaiety on 21 December 1868 after a series of mishaps including the loss of some of the scenery in a fire.  In December 1892 George Edwardes transferred from the Prince of Wales Theatre a new type of show called In Town considered the first musical comedy.  There followed a series of similar shows The Shop Girl in 1894, The Circus Girl in 1896 and A Runaway Girl in 1898 all having in the chorus the Gaiety Girls chosen for their good looks,  singing and dancing ability. The Gaiety was a popular and successful theatre but was destined to fall victim to the Strand widening scheme.  The last outstanding show was The Toreador in 1901 and after a farewell performance of The Linkman in which many Gaiety stars appeared, the theatre closed 4 July 1903 its place taken by a second Gaiety nearby.  This was built by George Edwardes on an island site at the west end of the Aldwych consisting of four tiers holding 1267 people and opened 26 October 1903 with the musical comedy The Orchid in the presence of King Edward VII and Queen Alexandra.  The last show was Running Riot in 1938 which closed 25 February 1939 and the building then stood empty.  The building was purchased in 1945 by Lupino Lane sold in 1950 and demolished in 1957.

 

The Edwardian Theatre by J. C. Trewin summary.  Never were palaces more palatial, snows whiter, seas bluer, suns hotter, wines more potent, the shimmer of Gaiety silk against the lustre of Dalys velvet, than in Dalys and the Gaiety at the meridian of the great George Edwardes who controlled both houses.  At the old Gaiety in the Strand, Rosie Boote later the Marchioness of Headfort was singing Maisie in The Messenger Boy:  Maisie is a daisy, Maisie is a dear, For all the boys are mad about her,  And they can't get on without her,  And they all cry Whoops! when Maisie's getting near.

 

The Gaiety Years by Alan Hyman summary.  The Gaiety chorus was becoming a matrimonial agency for girls with ambitions to marry into the peerage.  It began in the nineties when Connie Gilchrist a star of the Old Gaiety had married the Earl of Orkney.  Then Rosie Boote, who had charmed London when she sang Maisie in The Messenger Boy, went off and married the Marquess of Headfort.  After Connie Gilchrist and Rosie Boote had started the fashion, a score of the Guv'nor's budding stars left him to marry peers or men of title while other Gaiety Girls settled for a banker or stockbroker.  The Guv'nor, finding this was playing ducks and drakes with his theatrical plans, had a nuptial clause inserted in every contract.  When George Edwardes heard that a certain Gaiety Girl had been led to the altar he burst out: It's ingratitude, sheer ingratitude!  I've done everything for her, taught her to pick up her aitches, clean her fingernails, had her teeth looked to, her appendix removed, her hair dyed, dressed her from her underclothes to her boots and now when she looks like making good, she marries!  Debutantes were competing with the other girls to get into the Gaiety chorus, while upper class youths were joining the ranks of the chorus boys.  Soon after the accession of King George V two immaculate chorus boys were chatting together on the stage before the curtain went up.  I wonder is dear old George in front tonight, said one of them.  G. M. Salter the stage manager overheard them.  Shocked by their impertinence he said pompously: I must ask you to remember that when you have occasion to refer to Mr George Edwardes in this theatre, you must refer to him as Mister George Edwardes and in no other manner.  Oh, I was talking about the King, old boy, drawled the chorister.

 

The Circus Girl details taken from the original programme dated 22 March 1897.

Gaiety Theatre.  Lessee and Manager George Edwardes. To-Night at 6.  Doors Open at 7.40.  The Circus Girl.  A Musical Play. 

By James T. Tanner and W. Palings.  Music by Ivan Caryll and Lionel Monckton.  Lyrics by Harry Greenbank and Adrian Ross. 

 

Act II.  French Quadrille. Misses L. Williams, Rose Boote.  Messrs Alfred Asher and W. Powell.

Punchinello Dance.  Misses M. Fraser, M. Greet and Katie Seymour.  Messrs A. Asher, W. Powell and Willie Warde.

Costumes designed by Comelli and executed by C. Alias Auguste et Cie., Harrisons Ltd. and Miss Fisher. 

Dances arranged by Willie Warde.  Wigs by Gustave and Clarkson.

Act I.   On the Boulevards (outside the Cafe de la Regence)   (T. E. Ryan).

Act II. Scene I. In the Ring at Drivellis Circus;  Scene 2. Bureau of the Commissaire of Police;  Scene 3. The Artists Ball (W. Telbin).  Scenes 1 & 2 in Act II.  The Authors acknowledge to have been suggested by Eine Tolle Nacht  

The New Act Drop by Joseph Harker.  Matinee  Saturday next at 2.   Orchestra under the Direction of Mr Ivan Caryll. 

Stage Manager J.A.E Malone. Acting Manager Edward Marshall. G. Harmsworth & Co. Printers Fiora Street (late Hart Street), Covent Garden. 

 

The Cobbe Family

Charles Cobbe the Archbishop of Dublin born in 1686 married Dorothea widow of Sir John Rawdon of Moira and daughter of Sir Richard Levinge.  His son Thomas Cobbe married in 1751 Lady Elizabeth Beresford daughter of Marcus 1st Earl of Tyrone and had children Charles Cobbe married Anne Power Trench sister of William Trench 1st Earl Clancarty,  Catherine Cobbe married Henry Pelham and Elizabeth Cobbe married Sir Henry Tuite;  Sir Henry Tuite 8th baronet an officer in the Royal Navy born 1742 married in 1784 Elizabeth second daughter of Thomas Cobbe of Newbridge by whom, who died in 1850 aged 85, he had no issue.  Sir Henry Tuite died in 1805 and the title devolved upon his nephew Sir George Tuite who married in 1807 Janet widow of Major Thomas Woodall of the 12th Regiment of  Foot.

 

William Trench 1st Earl Clancarty had children Richard 2nd Earl Clancarty married Henrietta daughter of Robert Staples of Lissan brother of Mary Staples who married Thomas Ahmuty;  Ann Trench married William son of Robert Gregory and Maria Ahmuty;  and Elizabeth Trench married John McClintock who by his first marriage to Jane Bunbury had daughter Catherine who married George Gregory Gardiner brother in law of William Somerville Ahmuty.

 

Charles Cobbe the Archbishop of Dublin had brother Richard Chaloner Cobbe whose grandson Richard Chaloner Cobbe rector of Little Marlow Bucks married in 1776 Sarah Burslem daughter of Rev James Burslem.  In 1800 the historical novel Julia St. Helen or Heiress of Ellisborough was published in London by Sarah Cobbe relict of Rev Richard Chaloner Cobbe rector of Bradenham Bucks and Chaplain to the Earl of Moira.  Dedication to the Right Honorable Earl of Moira, Baron Rawdon &c. dated 15 June 1800.  The Preface stated - Julia St. Helen is not mine but has been kindly obtained for me from the deceaseds authors relatives through a friend and upon condition that I should publish it by subscription..  The Subscription List was headed the Prince of Wales, Aristocracy and Gentry, Clergy and two Book Clubs and Subscribers included Mrs Ahmuty, Lady Elizabeth Cobbe, Mrs Cobbe, Mrs Charles Cobbe and Francis Cobbe esq.  The novel in two volumes printed by J. Nichols of Leicester Square London and sold by Earle & Hemet of 47 Albermarle Street, Piccadilly London.

 

Lady Elizabeth Beresford had nephew Rev Charles Cobbe Beresford whose granddaughter Emily Constantia Thynne married Thomas Taylour 3rd Marquess of Headfort and had son Geoffrey Thomas Taylour 4th Marquess who married in 1901 Rosie Boote of the Gaiety Theatre.

 

Thomas Cobbe and Elizabeth Beresford had son Charles Cobbe born in 1756 who married Anne Power Trench sister of William Trench 1st Earl of Clancarty and had five sons the eldest Charles Cobbe born in 1781 married Frances daughter of Thomas Conway of Morden Park, Surrey and had daughter Frances Power Cobbe. The Athenaeum 1809. Charles Cobbe grandson of Thomas Cobbe esq of Marlborough Buildings, Bath to Miss Conway of the Crescent.

 

9 Marlborough Buildings.  Poor Rate Book 1802.  Thomas Cobbe £2. 3s. 0d.

22 Marlborough Buildings.  Bath Rate Book. A Rate or Assesment for Cleansing Lighting Watching Regulating & Improving the City and Liberties of Bath from Michaelmas 1818 to Lady Day 1819 . . . Cobbe.  Annual Rent £120.  Rate £1.12s.6d.  Received 10 May.

 

Thomas Ahmuty of 19 Marlborough Buildings died in March 1801 and desired to be buried near his friend Charles Cobbe of 9 Marlborough Buildings who died in 1798.

All Saints Church, Weston Bath Somerset.  Monumental Inscriptions recorded transcripts. 

Caroline Ahmuty wife of Thomas and daughter of Sir Henry Cavendish of Doveridge Derby died 1 January 1801 aged 60. 

Charles Cobbe died 9 July 1798 aged 41, his wife died 18 December 1835 aged 79. their son Henry William Cobbe died 23 March 1823 aged 37.  Thomas Cobbe of Newbridge died 11 March 1814 aged 81, his wife Lady Elizabeth Cobbe died 6 May 1806 aged 69.

 

Gentlemans Magazine 15 July 1798.  Interred in Weston Churchyard, Bath the remains of Charles Cobbe esq.  The armed volunteers fired three vollies over his grave as a last mark of respect for their very worthy, much beloved and much lamented officer.  He was 41 years of age the nephew of the Marquis of Waterford and member in the Irish Parliament for the borough of Swords.  Many thousands of people of all ranks were present at the funeral; and a heavy storm of rain falling just at the time of internment, few escaped being wet to the skin. The volunteers were all dressed in their uniforms and made an appearance highly respectable.

 

Bath Herald & Register Saturday 14 July 1798.  On Monday died in the prime of life, Charles Cobbe esq. Representative in Parliament for the borough of Swords in Ireland and nephew of the Marquess of Waterford. As a son, a husband and a father he was dutiful, tender and affectionate; steady in his friendship; amiable and engaging in his manners and disposition. It is impossible have known him and not to sympathize with his near and dear relatives in the loss they sustain.  He was one of the Captains of the Bath Volunteers and in his attention to the discipline of his Company, he displayed the most laudable zeal and assiduity; and by his manly and obliging conduct endeared himself to every individual in the corps.  The four Companies will, on Sunday next, attend his remains to Weston where some military honours will will be respectfully paid to the memory of so esteemed an Officer.

 

Monthly Magazine July 1798. At Bath, at his fathers house in Marlborough Buildings, Charles Cobbe esq MP for the borough of Swords in Ireland and nephew of the Marquis of Waterford. He was Captain of the 3rd Company of Bath Volunteers and a gentleman of the most engaging manners.

 

Gentlemans Magazine Obituary 11 March 1814.  In Marlborough Buildings, Bath at a very advanced age, T. Cobbe esq.

 

Bath Journal 14 March 1814.  On Friday died, at an advanced age, at his house in Marlborough Buildings, Thos. Cobbe esq;  respected for his general worth, and regarded for his benevolence, and whose society through life was sought for, for his ever ready wit, and constant good humour.

 

Gentlemans Magazine 1823.  Lately at his mothers house in Marlborough Buildings, Bath aged 37, the Rev Henry William Cobbe, Rector of Moydon co. Longford Ireland. 

 

Gentlemans Magazine December 1835.  Aged 80 years Anne relict of Charles Cobbe esq of Newbridge co. Dublin and sister of the late Earl of Clancarty.

 

The Collins Family

Benjamin Collins publisher and bookseller carried on the family business which later operated from premises on the New Canal in Salisbury Wiltshire.  The business was inherited by his son Benjamin Charles Collins who died in 1808 and a share of his estate later passed to his half brother William Collins. 

 

Benjamin Collins

Benjamin Collins married firstly Edith Good and secondly Mary Cooper and in his Will given below appointed executors his wife Mary Collins, brother Francis Collins, sons William Collins and Benjamin Charles Collins, son in law Rev Peter Bellinger Brodie and brothers in law John Cooper and Joseph Elderton.  Salisbury Journal Obituary 21 February 1785. On Wednesday evening at his home on the Canal in the 68th year of his age Benjamin Collins esq of this City. 

 

Summary of  Will dated 25 March 1778 proved with five codicils 1 March 1785.

Benjamin Collins of New Sarum in county Wilts gentleman made and published his last Will and Testament the 25th day of March 1778.  He bequeathed his wife Mary Collins all her rings jewels and paraphernalia and £500 for own sole use.  To brothers Joseph Collins £5 annuity and Francis Collins £50, brothers in law John Cooper and Joseph Elderton and nephew Rev Edward Cooper ten guineas apiece for a ring and mourning.  To mother in law Jane Cooper, sisters in law Mrs Sarah Cooper and Mrs Jane Elderton, cousin Mrs Ann Batt, nieces Lydia Compton, Margaret Towers, Mary Tatlock, Elizabeth Saunders, Ann Evatt, Lucy Poole and nephews Rev John Elderton and Joseph Elderton junior five guineas apiece for mourning.

 

He bequeathed his son William Collins his heirs executors and assigns the copyhold estate at Milford, New Sarum and the leasehold messuage and garden now occupied by Edward Williams blacksmith.  To son Benjamin Charles Collins his heirs etc the freehold messuage or house shop warehouses printing office premises with appurtenances on the New Canal, fixtures and stock in the several trades or business of printer bookseller bookbinder, vender of medicines, all implements utensils tools materials in the printing and bookbinding business and the several businesses and rights therein now carried on in the name of Benjamin Charles Collins and John Johnson.  Also copyright or right of printing publishing and vending the Salisbury Journal and copyrights or shares viz a third share of Royal Battledore, Royal Primer, Pretty Book for Children, Pretty Book of Pictures, History of Tommy Trip Museum, Private Tutor for Masters and Misses, Royal Psalter, Daily Journal, Gentlemans and Tradesmans compleat Annual pocket Book, one eighth share of Fenning's Spelling Book, one third of the Compleat Letter Writer and full moiety in Cephalic Snuff made and prepared by him and the patent for same.  (Patent No. 1030 Benjamin Collins of the City of New Sarum 18 January 1773 - A new invented composition of Snuff called and known by the name of Cordial Cephalick Snuff and which he humbly conceives will be greatly conducive to the health of his Majestys subjects).

 

To daughter Elizabeth Colton estate and interest of leasehold at Purse Candle, Dorset for the lives of her and Mr Gardener after the decease of Mrs Barbara Gardener, daughter Jane Staunton £67.4s.0d annuity during her life payable out of estate late of John Missett deceased of Montserratt and to daughter Sarah Brodie income of the Shilling Okeford Rectory, Dorset for the life of Rev Mr Moreau during his incumbency, the right of the next presentation in trust to Rev Peter Bellinger Brodie.  To his wife Mary Collins reversionary estate and interest for life of daughter Charlotte Collins after the decease of Mrs Briche the leasehold at Fovant Wilts held under the Earl of Pembroke.  All other messuages farms lands tenements hereditaments estates freehold leasehold in Somerset, Dorset, Wiltshire, Middlesex, Surrey or elsewhere in the Kingdom of Great Britain and all the rest and residue of monies mortgage securities goods chattels real and personal estate devised to the executors and trustees their heirs etc in trust to sell and dispose at their discretion.  The  produce thereof and the £3700 advanced his three married daughters and said foregoing devises hereafter ascertained in value to be added and thrown into hotchpot and valued together to constitute one aggregate stock or fund, the whole into eight equal parts or shares to be divided.  William Collins of value £2000 and two eighth shares and Benjamin Charles Collins £6500 and two eighth shares.  Elizabeth Colton share valued £700, Jane Staunton £450, Sarah Brodie £1500 and Mary Collins £210 and each one eighth share.  The share of Mary Collins for own use and disposal and for the maintenance and education of daughter Charlotte Collins during her minority.  William Collins released from all debts and right for six years to carry on the business of banker in the front of the house also compting house on the New Canal and Mary Collins to reside rent free in the house on the New Canal also at Milford in same manner as always whilst William Collins shall continue unmarried. 

 

He appointed his wife Mary Collins, sons William Collins and Benjamin Charles Collins, brother Francis Collins, son in law Peter Bellinger Brodie and brothers in law John Cooper and Joseph Elderton the joint executors and trustees.  In witness whereof I have hereunto set my hand and seal the day and year first hereinbefore written - Benj. Collins signed sealed and published and declared by the testator as his last Will and Testament in the presence of of us who have hereunto subscribed our names as witnesses thereto in the presence of said testator and each other Edward Wray.  Edward Joye.  Thos. Chubb.

 

Five Codicils.

1. Should Benjamin Charles Collins die under 21 his legacy divided among the other children, likewise daughter Charlotte Collins and the one eighth share of Mary Collins in same manner. 25 March 1778 - Benj. Collins witnessed Edward Wray.  Edward Joye.  Thos.  Chubb. 

 

2. Francis Collins now deceased and other property since acquired same now devised to the surviving trustees. 18 February 1781 - Benj. Collins witnessed Mary Collear.  Joseph Hillary.  Chris. Hallett junior.

 

3. The freehold estate at Somersham, Huntingdonshire purchased from Christopher Milburne now devised to the trustees.  28 February 1783 - Benj. Collins witnessed John Sanger. Thos. Frampton.  Joseph Hillary.

 

4. William Collins devised Milford estates now with benefit of lives since added.  Benjamin Charles Collins devised the Canal freehold now subject to £150 annuity payable to Mary Collins.  The annuity of daughter Staunton revoked.  Mary Collins, Robert Cooper linen draper of Milford Street Sarum, Benjamin Charles Collins and son in law Peter Bellinger Brodie now appointed the trustees.  Sarah Brodie legacy now valued £1200. William Collins owing £900 and interest same to form part of his share also given £100 annuity payable by Lord Arundel subject to £25 paid yearly to Charlotte Collins and valued £750 in his share.  Mary Collins share a fund to apply in her lifetime or by her Will for benefit of daughter Charlotte or others at her discretion.  If William Collins now abroad beyond the seas predeceased him the trustees devised his legacies to form part of the trusts one moiety to Benjamin Charles Collins the other to Mary Collins and daughters Colton, Staunton and Brodie. 5 June 1784 - Benj. Collins witnessed Catherine Kimber. William Collier.  Jos. Elderton. 

 

5. The two eighth share to his son William Collins and one eighth share to his daughter Colton are meant to satisfy all demands they may have out of my estate under and by virtue of any settlement contract bond or engagement made and entered into on my marriage with their late mother Edith Good and in firm satisfaction thereof witness my hand and seal same day and year - Benj. Collins in the  presence of Catherine Kimber.  William  Collier.  Jos. Elderton.

 

The Will was proved at London with five codicils 1 March 1785 before the Right Worshipful Peter Calvert Doctor of laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Benjamin Charles Collins son of the deceased and Rev Peter Bellinger Brodie two of the surviving executors named in the Will to whom administration of all and singular the goods chattels and credits of the deceased was granted they having been first sworn by Commission duly to administer power reserved of making the like grant to Mary Collins widow the relict, William Collins son of said deceased and John Cooper and Joseph Elderton the other surviving executors named in the Will when they or either of them shall apply for same.

 

Salisbury Journal summary of Notices.

26 February 1785. All persons indebted by note, bond, mortgage or otherwise to the estate and effects of Benjamin Collins late of this City deceased are hereby earnestly desired to pay same immediately to Benjamin Charles Collins one of the acting executors at his house in this City.  All persons having any claim or demand by bill, note or otherwise are requested to deliver or transmit particulars thereof in writing. 

24 July 1786. The Acting Executors of the late Benjamin Collins will attend on Monday 21 August from nine in the morning until three in the afternoon and at the same hours daily until 9 September for the purpose of paying all remaining legal demands on the estate whether by reason of notes for monies at interest due thereon or any other notes, bills &c.  All persons holding notes carrying interest are desired to take notice interest on such notes will cease from said 9 September.  Whereas many persons remain largely indebted upon various securities &c to the estate, the executors request they discharge same without delay or they must proceed at law for the recovery thereof.  

The Bank of the late Mr Benjamin Collins will open Monday 21 August under the firm of Collins, Brown, Smith & Tamlyn who respectfully seek the favours of Past Customers and the Public whose confidence they will endeavour to merit. Benjamin Charles Collins. Thomas Brown jun. Richard Smith. William Tamlyn. 

 

Mary Collins the widow of Benjamin Collins died in 1808 and in her Will given below appointed joint executors and trustees grandsons Peter Bellinger Brodie, William Bird Brodie, George Thomas Staunton and great nephew Rev Blakley Cooper.  Gentlemans Magazine Obituary 25 April 1808. At her home on the Canal, Salisbury aged 83 Mrs Collins, mother of Benjamin Charles Collins late printer of the Salisbury Journal whom she survived exactly eight weeks, and second wife and widow of Benjamin Collins formerly printer and banker at Salisbury. 

 

Mary Collins - Will dated 9 March 1808 proved with one codicil 27 April 1808.

Summary.  Mary Collins of New Sarum widow the relict of Benjamin Collins late of same city made and published her last Will and Testament dated 9 March 1808.  Under the Will of her late husband she was entitled to legacies in trust for  own disposal and for the benefit of her daughter Charlotte and now devised grandsons Sir George Thomas Staunton, Peter Bellinger Brodie, William Bird Brodie and grand nephew Rev Blakley Cooper all capital bank stock purchased with monies from said one eighth share now vested in her name in the books of the Bank of England.  In trust to pay proceeds from six eighth parts thereof to daughter Charlotte Bacon widow for own use during her life the other two eighth parts to her daughter Charlotte Mary Bacon and after the decease of Charlotte Bacon three eighth parts to Charlotte Mary Bacon the other three eighth parts to daughters Lady Jane Staunton widow and Sarah Brodie widow divided equally.

By the Will of her lately deceased son Benjamin Charles Collins Mary Collins was entitled to an undivided equal fifth part of real and residuary personal estates and under the Statutes of Distribution of Intestates was also entitled to three other equal fifth parts of such residuary personal estates which by the deaths of sons in law Sir George Leonard Staunton, Rev Barfoot Colton and Rev Peter Bellinger Brodie became lapsed and considered as undisposed.  All her share in the estates of Benjamin Charles Collins and all her estate right title and interest therein she devised in trust to daughters Lady Jane Staunton, Sarah Brodie and Charlotte Bacon as tenants in common and not as joint tenants.  She gave Lady Staunton a silver tea kettle, lamp, tea chest with silver tea canister. Charlotte Bacon £100, plate china bed and table linen, Charlotte Mary Bacon a piano forte and grand daughter Margaret Brodie a gold watch and chain.  Son in law Mr Collins, daughter in law Mrs Colton and grand niece Frances Henrietta Elderton £50 each.  Elizabeth Grace faithful servant during her life proceeds of £500 4% bank annuities.  All the rest and residue of monies goods chattels and personal estate to Lady Jane Staunton and Sarah Brodie equally divided.  

 

She appointed grandsons Sir George Thomas Staunton, Peter Bellinger Brodie, William Bird Brodie and grand nephew Blakley Cooper the executors in trust and during the absence at any time of Sir George Thomas Staunton from England the other executors and trustees to carry out all or any of the powers trusts and provisions.  In witness whereof to the first three sheets of this my last Will and Testament contained in four sheets of paper I have set my hand and to this the fourth and last sheet my hand and seal the day and year first hereinbefore written - ­Mary Collins (Is) signed sealed published and declared by the testatrix as and for her last Will and Testament in the presence of us who have subscribed our names as witnesses thereto in the presence of said testatrix and each other Mary Williams.  Geo. Dow.  Thos. Chubb.

 

Codicil. In addition to the devise and bequest of my share of the real and personal estates of my late son Benjamin Charles Collins I do declare that it was and is my earnest wish and desire and I accordingly hereby recommend to my surviving relations that in case my grandson William Bird Brodie together with John Luxford and John Dowding the principal managers and assistants in the printing and other businesses of my said late son shall not succeed thereto in my lifetime they may afterwards with all convenient expedition succeed thereto as partners and continue the same as such for their own respective advantage in such manner as may be agreed upon and as the nature of such premises and the circumstances of the parties shall require and also that the several other assistants and servants of my said late son may remain as such to the persons so taking to said businesses in like manner as if he had been living.  In witness whereof I have hereunto set my hand and seal 15 March 1808 - Mary Collins signed sealed published and declared as and for a codicil to her last Will in the presence of us Mary Williams.  T'hos. Chubb.

 

The Will was proved at London with one codicil 27 April 1808 before the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Peter Bellinger Brodie and William Bird Brodie grandsons of the deceased and Rev Blakley Cooper great nephew three of the executors named in the Will to whom administration was granted of all and singular the goods chattels and credits of the deceased they having been first sworn to wit said Peter Bellinger Brodie before the worshipful George Ogilve Doctor of Laws and Surrogate and William Bird Brodie and Reverend Blakley Cooper by commission duly to administer power reserved of making the like grant to Sir George Thomas Staunton Baronet grandson of the deceased the other executor named in the Will when he shall apply for same.

 

The children of Benjamin Collins by his first marriage to Edith Good:.

 

William Collins 

William Collins had daughter Eliza Collins who married Rev Christopher Rigby 28 January 1799 at St Thomass Church, Salisbury Wiltshire.  Monthly Magazine. At Salisbury Rev C. Rigby M.A to Miss Collins daughter of William Collins Esq. 

 

William Collins died 4 August 1810 and in hisWill given below devised his share in the estate late of his half brother Benjamin Charles Collins in trust to Christopher Rigby for the benefit of his children by his wife Eliza.  Other beneficiaries included Elizabeth Colton and her daughter Mrs Cook, Rev Henry Rigby, Rev Francis Baker, Samuel Emly and George Maton. 

 

History and Antiquities of Dorset: In a vault beneath with the remains of his beloved mother Edith Collins, sole heiress of a branch of the ancient Good family, being resident in this neighbourhood, are deposited those of William Collins esq of the city of Salisbury who departed this life August 4th, 1810 in the sixty-sixth year of his age.  This tablet, as a tribute of gratitude and respect for his memory, was erected by his affectionate daughter Eliza, wife of the Rev Christopher Rigby Collins A.M. 

 

Christopher Rigby added the Collins surname by Royal Licence dated 29 August 1810 and became known as Christopher Rigby Collins : The King has been graciously pleased to give and grant unto the Rev Christopher Rigby clerk, Master of Arts the rector of Ringmore and vicar of Ipplepen both in the county of Devon, his Royal Licence and Authority, that he and his issue, by Elizabeth his wife, may out of grateful respect to the memory of William Collins late of the city of Salisbury esq deceased, take the surname of Collins, in addition to and after that of Rigby. 

 

William Collins - Will dated 12 July 1810 proved with six codicils 8 August 1810.

Summary.  William Collins of the city of New Sarum bequeathed his faithful and worthy housekeeper Mrs Catherine Kimber during her life £100 annuity, £50 and all the furniture of her bedroom, two maid servants £50 each.  Samuel Emly and George Maton in trust £50 payable to the Treasurer of the Salisbury Infirmary for charitable uses.  Sister Elizabeth Colton £200 and her daughter Mrs Cook £100. George Maton £100 and Rev Frances Baker released from all debts.  Samuel Emly £2500 for own use and requested to continue matters of account in same manner for fifteen years or longer entirely to his comfort and upon just settlement of affairs.

 

William Collins devised all his interest and revenue in the real and personal estates of late brother Benjamin Charles Collins by virtue of his Will or otherwise to the Rev Christopher Rigby husband of his daughter Eliza together with the rest and residue of real and personal estate.to hold same unto him said Christopher Rigby his heirs executors and administrators in trust for all and every of his children by his said wife Eliza.  All rents profits and proceeds of real and residuary personal estates to be applied for the maintenance and education of said children during their minorities and  Christopher Gerard Rigby or any other grandsons hereafter born of his daughter Eliza at 21 years to receive one equal part more than granddaughters.  When the share of the messuage printing office shop premises on the New Canal late belonging to his brother Benjamin Charles Collins was sold to be not less than £500 but left to the discretion of Rev Christopher Rigby to act therein as thought proper. Rev Christopher Rigby was appointed executor in trust and not answerable for any involuntary losses able to reimburse himself of all costs charges damages and expenses occasioned by the due execution of the trusts hereby in him reposed.  

 

In witness whereof I have hereunto set my hand and seal 12 July 1810 - William Collins signed sealed published and declared by the testator as his last Will and Testament in the presence of us who have subscribed our names as witnesses in the presence of the testator and of each other the obliteration and interlineation in the first line, the interlineation of the word When in the second side and of the word This in the third side and above obliteration in this attestation being first severally made Robert Thomas.  Geo. Dell.  Thos. Chubb.

 

Six Codicils.

1. To sister Colton £200 more as in his illness her son in law C. O. Cooke came to see him.  15 July 1810 - Wm. Collins. 

 

2. George Maton given £100 now in his hands as Chamberlain and which the Corporation of New Sarum have not thought proper to accept on my terms said sum now to be kept by him as his legacy.  28 July 1810 - Wm. Collins. 

 

3. To Mrs Kimber £50 more and Ann James now a £10 annuity.  To the six poor widows in Culver Street £6, widow Buckland £2 and widow Whitmarsh £3, Mary Young £5 and nurse Elizabeth Baker £30.  1 August 1810 - Wm. Collins. 

 

4. To Fanny Poole late of New Sarum £10.  2 August 1810 - Wm. Collins. 

 

5. To Benjamin Barnard banker a brilliant diamond ring as a testimony of friendship and regard.  2 August 1810 - Wm Collins. 

 

6. To Sarah Small widow a former servant of mine who occasionally hath since attended on me £5.  To old and valued friend Reverend Henry Rigby £5 for a ring, friend Mrs Loder £5 and niece Mrs Cooke £500 more.  In witness whereof I have set my hand and seal 3 August 1810 - Wm. Collins signed sealed published and declared this a further codicil to his Will in the presence of us Thos. Chubb.  Geo. Dell.

 

Affidavit dated 7 August 1810. Appeared personally Reverend Christopher Rigby of Ipplepen in the county of Devon clerk and made oath that he is the sole executor named in the last Will and Testament of William Collins late of the city of New Sarum in the county of Wilts esquire deceased.  That on 13th July last he received a letter at his house at Ipplepen from Samuel Emly of Salisbury intimating to him that said deceased was lately taken ill and that he the deceased wished to see the deponent at Salisbury as soon as possible.  The deponent immediately left home and arrived at the deceaseds house aforesaid the following day which he never quitted till after the deceaseds death which happened on the 4th day of the present month of August.  That on the 25th day of July last the deceaseds housekeeper informed the deponent the deceased by the first codicil to his Will dated as the deponent verily believes the 14th but certainly either the 13th or 14th July last had revoked a legacy in his Will of £100 to Mr George Maton and in lieu thereof had thereby only given him £50.  The deponent having married the testators only daughter and knowing his children were residuary legatees in his Will he took occasion, as Mr Maton had been appraised of the £100 legacy to him by the deceaseds Will, to remonstrate with the deceased on the alteration he had so made and urged him very strongly to destroy the codicil revoking Mr Matons legacy.  The deceased thereupon immediately desired his housekeeper to fetch such first codicil from his bureau in his bedroom and she having so done, he tore the same in pieces and threw it into the fire and then wrote with his own hand the codicil hereunto annexed dated 28 July and now appearing as the second codicil to his Will and the deponent lastly made oath that he has not the smallest doubt but firmly and in his conscience believes that the words This is a further codicil to my Will in the beginning of the first codicil dated 15th July last now meant and intended by the deceased to refer or apply to the codicil he so destroyed in his presence the 28th July last by which he had revoked the legacy to Mr George Maton as before set forth - C. Rigby.  The same day said Rev Christopher Rigby was duly swom to the truth of this affidavit before me.  S. Parson surr.  Henry lbbotson np.

 

Affidavit dated 7 August 1810. Appeared personally Samuel Emly of Salisbury in the county of Wilts esquire and Jonathan Dennett of Lincolns Inn Fields in the county of Middlesex esquire and respectively made oath they knew and were well acquainted with William Collins late of the city of New Sarum deceased and also with his manner and character of handwriting and subscription having frequently seen him write and subscribe his name and that having carefully viewed and perused the paper writing hereto annexed purporting to be and contain the last Will and Testament and six codicils of said deceased . . . they say verily and in their consciences believe the whole body sense and contents of the first second third and fourth codicils to be of the proper handwriting and subscription of the testator William Collins esquire deceased - S. Emly.  J Dennett.  Same day Samuel Emly and Jonathan Dennett were duly sworn to the truth of this affidavit before me.  S. Parson surr.  Henry Ibbotson np.

 

The Will was proved at London with six codicils 8 August 1810 before the Worshipful Samuel Pearce Parson Dr of Laws and Surrogate by the oath of Rev Christopher Rigby clerk the sole executor.

By three Indentures a share of property on the New Canal at Salisbury Wiltshire once of Benjamin Charles Collins and late of William Collins was sold by Christopher Rigby Collins, son Christopher Gerard Rigby Collins, daughters and sons in law Elizabeth wife of Robert  Langworthy, Mary wife of William Webster, Sarah wife of Rev John Walter Phelps and Edith wife of William Somerville Ahmuty to William Bird Brodie son of Peter Bellinger Brodie.

 

Indenture 9 May 1832 summary.  Made between Rev Christopher Rigby Collins of Sidmouth Devon, Christopher Gerard Rigby Collins of Sidmouth Devon, Robert Austen Langworthy of Bath Somerset, William Webster of 17 Bedford Place, Russell Square Middx a Lieutenant in the Royal Navy, Rev John Phelps of Rennes in the Kingdom of France and William Somerville Ahmuty of Cookstown in the Kingdom of Ireland of the one part and William Bird Brodie of New Sarum Wilts of the other part. That for and in consideration of five shillings apiece of good and lawful money of Great Britain to each of them in hand well and truly paid by said William Bird Brodie at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged.  The said parties have sold to William Bird Brodie one undivided fifth part the whole unto five equal parts being considered as divided between them of all that messuage or tenement and ground and soil whereon the same stands and the garden with appurtenances within the city of New Sarum lately called the Ditch but now the New Canal divided and bounded between lands formerly of Robert Baynes on the west part, lands of the Bishop of Sarum on the east part and the land formerly of Lord Staunton on the south part and the street or highway lately called the Ditch but now the New Canal on the north part.  All of which were formerly in the occupation of Benjamin Charles Collins, afterward of William Bird Brodie, John Dowding and John Luxford and since of William Bird Brodie and John Dowding, and now of William Bird Brodie and Charles George Brodie together with one undivided fifth part or share of and in all houses shops counting houses warehouses outhouses edifices buildings stables yards gardens ways paths passages easements water courses liberties privileges profits commodities advantages hereditaments and appurtenances.  Subject to the powers and declarations expressed and declared and concerning same by an Indenture of Release already prepared and intended to bear date the day next after the day of the date of these presents and made between Rev Christopher Rigby Collins of the first part, Christopher Gerard Rigby Collins of the second part, Robert Austen Langworthy and Elizabeth his wife of the third part, William Webster and Mary Beata his wife of the fourth part, John Walker Phelps and Sarah his wife of the fifth part, William Somerville Ahmuty and Edith his wife of the sixth part, William Bird Brodie of the seventh part and Charles George Brodie of the eighth part.  In witness whereof said parties to these presents have set their hands and seals the day and year first above written.

 

Indenture 10 May 1832 summary.  Rev Christopher Rigby Collins of the first part, Christopher Gerard Rigby Collins of the second part, Robert  Langworthy and Elizabeth his wife of the third part, William Webster and Mary Beata his wife of the fourth part, Rev John Walter Phelps and Sarah his wife of the fifth part, William Somerville Ahmuty and Edith his wife of the sixth part, William Bird Brodie of the seventh part and Charles George Brodie of New Sarum a trustee for purposes hereafter mentioned of the eighth part.  Whereas Benjamin Charles Collins at the execution of his Will entitled to said estates and to a fifth part or share that is now intended to be released did sign and publish his last Will dated 19 August 1796 and devised all his estate and effects real and personal to Mary Collins, Sir George Staunton, Peter Bellinger Brodie, Barfoot Colton and William Collins their heirs executors equally share and share alike as tenants in common.  Benjamin Charles Collins by codicil dated 7 November 1796 revoked his bequest to Peter Bellinger Brodie but did not make any devise of the share. The Will and codicils were duly proved in the Prerogative Court of Canterbury by Townley Ward one of the executors. Sir George Staunton and Barfoot Colton both died in the lifetime of Benjamin Charles Collins and their shares descended to Dame Jane Staunton widow, Sarah Brodie and Charlotte Bacon the three sisters and co-heirs of Benjamin Charles Collins and said real estates passed to Mary Collins and William Collins respectively as tenants in common.  Whereas William Collins having one fifth part of property made and published his Will dated 12 July 1810 and thereby bequeathed Christopher Rigby Collins described as the husband of his daughter Eliza all his estate in trust for the children of the said marriage. William Collins departed this life in August 1810 and his daughter Eliza in August 1827. Christopher Rigby Collins by his wife Eliza had six children Christopher Gerard Rigby Collins, Elizabeth Langworthy, Mary Beata Webster, Sarah Phelps, Edith Ahmuty and Henry Collins who died under 21 years without issue.  The said parties have agreed the sale to William Bird Brodie for £360.  Forfeiture or otherwise to the use of Charles George Brodie during the life of William Bird Brodie.  All that one undivided fith part or share the whole unto five equal parts . . . hereby released. 

 

Indenture 30 October 1832 summary.  Final Agreement made in the Court of the King at Westminster before Nicolas Conyngham Tindal, James Allan Park, Stephen Caselee, John Bernard Bosanquet, Edward Hall Alderson, Justices of our King and others then and there present:  Between William Bird Brodie and Christopher Gerard Rigby Collins, Robert Austen Langworthy and Elizabeth his wife, William Webster and Mary Beata his wife, John Walter Phelps and Sarah his wife, and William Somerville Ahmuty and Edith his wife of one undivided fifth part of messuage with appurtenances in the city of New Sarum.  Whereupon a Plea of Covenant was summoned between them in the same Court that they acknowledged the said one fifth part with appurtenances to be the right of William Bird Brodie and they each remised and quit-claimed to him and his heirs for ever. And for this acknowledgment remise quit claim warranties and agreement William Bird Brodie hath given to the aforesaid the sum of sixty pounds sterling.

 

Elizabeth Collins 

Elizabeth Collins married Rev Barfoot Colton listed Alumni Cantabrigienses adm pens Queens 11 June 1755. school Eton. migrated Kings 12 March 1756 matric Easter 1756. B.A 1760. M.A 1763. Fellow of Kings 1759-1765. Ord deacon Ely 27 Dec 1759. priest 14 Sept 1760. vicar Shrivenham Berks 1764-1803. rector Somerton Oxon 1769-1803. Prebendary of Salisbury 1783-1803. died December 1803.

 

William Collins in his Will named her sister Mrs Elizabeth Colton and by Mary Collins as daughter in law Mrs Colton.  Obituary 20 March 1836. At the house of her son in law at Bredon Rectory, Elizabeth relict of Rev Barfoot Colton MA. Canon residentiary of Sarum and Vicar of Shrivenham Berks. 

 

Alumni Oxonienses William Collins Colton s.Barfoot of Shrivenham. Wadham College matric 5 June 1806 aged 18.

Gentleman's Magazine 1826. William Collins Colton son of Rev Barfoot Colton late canon residentiary of Salisbury married Louisa Poyntz second daughter of John Miller late Receiver General for county Bedford and niece of General Poyntz of the 1st Life Guards. 

William Collins Colton of Middle Hill, Box Wilts and William Gardiner of Exeter College in 1825 were appointed trustees of the marriage settlement of Christopher Gerard Rigby Collins and Annabella Mary Gardiner.

 

The children of Benjamin Collins by his second marriage to Mary Cooper: 

Benjamin Charles Collins

Benjamin Charles Collins died unmarried in 1808 and in his Will given below bequeathed all his estate and effects real and personal to his mother Mary Collins, brother William Collins, brothers in law Sir George Staunton, Rev Peter Bellinger Brodie and Rev Barford Colton their heirs executors administrators and assigns equally share and share alike as tenants in common and not as joint tenants.  He appointed Sir George Staunton, Townley Ward of Soho Square Middx, Rev Peter Bellinger Brodie and Rev Barford Colton the executors but later by codicil Rev Peter Bellinger Brodie was replaced by Jonathan Dennett.  Benjamin Charles Collins of Salisbury held Patent No. 1798 dated 18 March 1791 - A grate to be used in or out of a chimney with an air flue or air flues in the cheeks and back whereby the fuel burnt in it will have the effect of giving a brighter and stronger fire than is produced in chimney grates now in use.

 

Gentleman's Magazine Obituary 29 February 1808. At one in the morning in his 50th year Mr B. C. Collins an Alderman of the Corporation of the city of Salisbury.  He was seized with an apoplectic fit in the afternoon of the 28th near Lincolns Inn Fields and was soon recognized and conveyed to his house in Mortimer Street, Cavendish Square but the stroke was fatal and the skill of the most eminent of the faculty proved unavailing.  He was the youngest son of the late Benjamin Collins an eminent banker in Salisbury and well known as the printer and proprietor of that respectable weekly publication the Salisbury Journal which has been printed and published in the Collins Family upwards of seventy years.

 

Benjamin Charles Collins - Will dated 19 August 1796 proved 6 May 1808, 26 April 1810 & 15 October 1810. 

Summary.  Benjamin Charles Collins of Salisbury Wiltshire bequeathed all his estate and effects of what nature kindsoever or wheresoever both real and personal to his mother Mary Collins, brother William Collins and brothers in law Sir George Staunton, Rev Peter Bellinger Brodie and Rev Barford Colton to have and to hold their heirs executors administrators and assigns equally share and share alike as tenants in common and not as joint tenants.  He bequeathed Mary Elizabeth Goodenge known as Mary Castle now residing with him at No. 40 New Road, St Marylebone Middx and his uncle John Cooper of Salisbury a £100 annuity each.  William Tomlyn of Salisbury banker, Elias Hibbs of Monument Yard London wine merchant and cousin Frances Henrietta Elderton of Salisbury £500 each.  Harriet Dennett and Frances Eliza Dennett daughters of Jonathan Dennett of Leicester Place £250 each.  Robert Dennett a gold watch and £250.  Rev Edward Cooper of Yetminster, Sherborne Dorset £500.  Miss Sarah Greaves £100 and brothers William Greaves and Robert Greaves £100 each.  John Dowding his clerk, Henry Stevens and William Havers both of Salisbury £100 each.  John Luxford his overseer and Thomas Williams of Vere Street released from all debts.

 

He appointed executors Sir George Staunton, Townley Ward of Soho Square, Middx, Rev Peter Bellinger Brodie and Rev Barford Colton.  As witness my hand and seal 19 August 1796 - Benjamin Chas. Collins signed sealed published and declared by said testator as and for his last Will and Testament in the sight and presence of us who have hereunto subscribed our names as witnesses at his request and in his sight and presence and the sight and presence of each thereto  Cliff. Ashore.  James Moss.  Matthew Thompson.

 

Four Codicils.

1. The executors to deliver up to Thomas Williams all agreements entered into by him with William Bacon on the supplying of medicines for the Oxford Street shop.  To John Sawyer now his clerk employed in the Oxford Street business £500 and John William Hucklebridge of Salisbury late his clerk £200 - B. C. Collins witnessed by Cliff. Ashore.  James Moss.  Matthew Thompson. 

 

2. The bequests made to Peter Bellinger Brodie, William Tomlyn, Edward Cooper and Frances Elderton revoked.  Appointment of Peter Bellinger Brodie as an executor revoked.  Jonathan Dennett appointed an executor and £100 each to him and his wife. Townley Ward and wife £100 each. 7 November 1796 - Benjamin Charles Collins witnessed Cliff. Ashmore. Samuel Sowther. James Brough clerks to Messrs Ward, Dennett and Greaves of Covent Garden. 

 

3. On 7 July 1792 I delivered by letter enclosed draft for £769 to my most able and faithful solicitor Townley Ward for own sole use in grateful yet humble token of my sense of the many and important services rendered me and my family during a long and most arduous executorship being in part a small portion only of my share of very large sums wrested by his able head from the hands of needy and artful villains as also from rogues of lesser note  All which services were done and rendered without law and litigation the more meritorious this and to the estate of my father deceased immensely advantageous for the experience of time has shewn had a Chancery suit or even the usual delays of a nisi prius court taken place a very great portion of the large sums so recovered would have been lost   This day my worthy and honorable friend Mr Ward returned to my hands this draft and as he was peremptory that I should take it I did so.  I now give it into the hands of my esteemed friend and solicitor Robert Dennett to be placed herewith in my last will in his keeping and in case of my death to be delivered into the hands of his brother one of my executors for the uses and purposes of Mr Ward or as he only shall direct.  Signed with my name and sealed with my seal  21 April 1797 - Ben. Chas. Collins. 

 

4. 25 December 1801. This is a codicil to my Will in the hands of Robert Dennett of Covent Garden London.  I owe not one penny to my fathers estate and not one penny to any of my late partners in the banking business.  To Robert and Jonathan Dennett and partner William Graves £3500 in trust £500 for Frances Eliza Dennett the residue for Maria Castle at Mrs Butts Ladies School, Great Marlbrough Street, Carnaby Market and to be a ward of Chancery - B. C. Collins.

 

Affidavit dated 2 May 1808.  Appeared personally Gerard Selby of Lincolns Inn Fields, Middx gentleman and made oath that on 6 February last he went to the city of Salisbury for the purpose of being present at the examination of the papers of Benjamin Charles Collins late of Salisbury who died this deponent believes the 24 January last past.  At Salisbury a search was made by this deponent together with William Collins, Samuel Emly, John Luxford and John Dowding gentlemen of Salisbury and the deceaseds papers were examined.  The daily journal for the year 1801 was found by Samuel Emly locked in the deceaseds bureau in the dining parlour in the presence of this deponent and said other persons which on reading a codicil was found therein written in a page of Memorandums and Resolutions beginning 25 December 1801

 

The Will was proved at London 6 May 1808 with four codicls before worshipful George Ogilvie Doctor of Laws surrogate of the Right Honorable Sir William Wynne knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Townly Ward the surviving executor named in said Will to whom administration of all and singular the chattels and credits of the deceased was granted having been first sworn duly to administer power reserved of making like grant to Jonathan Dennett the executor named in the second codicil when he shall apply for same.

On 26 April 1810 Admon with the Will and four codicils annexed of the goods and chattels and credits of Benjamin Charles Collins late of Salisbury deceased left unadministered by Townly Ward deceased whilst living the surviving executor named in the Will was granted to William Collins the brother and surviving residuary legatee having first sworn by Comon duly to administer . . .      

 

On 15 October 1810 Admon with the Will and four codicils annexed of the goods and chattels and credits of Benjamin Charles Collins late of Salisbury deceased left unadministered by Townly Ward deceased whilst living the surviving executor named in the Will and by William Collins the brother and surviving residuary legatee named in the Will . . . was granted to Peter Bellinger Brodie, William Bird Brodie and Rev Blakely Cooper executors of the Will of Mary Collins widow deceased whilst living the mother of one of the surviving residuary legatees named in the Will having been first sworn by Comon duly to administer.

 

Gentlemans Magazine Obituary 14 February 1810. Aged 67 Townley Ward of Henrietta Street, Covent Garden and Monkey Island, Berks solicitor and one of the oldest and most eminent practitioners in the profession.  The late Townley Ward was the son of Rev Henry Ward by Janet one of the three daughters of Henry Townley late of Dutton Hall co. Lancaster.  Mr Ward commenced business in Henrietta Street in 1766 and his eminent abilities aided by a persevering disposition and strong mind acquired him that distinction in his profession.  He married in 1778 Miss Eleanora Hucks a lady distinguished for her personal charms and accomplishments who died in 1800.  Mr Ward not having left any issue devised the Willows and all real and personal property to Patrick Crawford Bruce of Taplow Lodge and left upwards of £20,000 to friends, confidential clerks and servants several of whom have been in his service upwards of 20 years.

 

Gentlemans Magazine Obituary 12 April 1818.  In Lincolns Inn Fields, Jonathan Dennett esq.

 

Jane Collins

Jane Collins married in 1771 George Leonard Stunton of Cargins co. Galway Ireland son of Colonel George Staunton by Margaret daughter of John Leonard of Carra.  At Salisbury Wiltshire George Staunton Esq of Grenada son of George Staunton of Galway to Miss Collins daughter of Benjamin Collins of Salisbury banker. 

 

George Leonard Stunton was appointed a member of Council and his Majestys attorney general in the island of Grenada.  He later accompanied Lord Macartney to Madras and negotiated the peace with Tippo Sultan in 1784 for which service he was created a Baronet of Ireland in 1785.  He also accompanied Lord Macartney to China as Secretary of Embassy and was eventual minister plenipotentiary in 1792 and later published a narrative of the mission.  In 1784 at the decease of Thomas Staunton of Sibton Park, Suffolk, M.P for Galway without male issue, George Leonard Staunton became chief and representative in the male line of the ancient family of Staunton of Staunton.  He married Jane daughter of Benjamin Collins of Milford Wiltshire by whom he left at his decease an only surviving son George Thomas Staunton M.P. D.C.L. F.R.S. born 26 May 1781 who succeeded his father as second baronet in January 1810.

 

Gentlemans Magazine Obituary 16 June 1823. At her house in Devonshire Street, Lady Staunton relict of the late Sir George Staunton bart.

 

Sarah Collins

Sarah Collins married in 1775 the Rev Peter Bellinger Brodie of Winterslow Wilts listed in Alumni Oxonienses s. Alexander Brodie of St James Westminster arm.. Worcester Coll. matric 23 Feb 1762 aged 19. B.A 1765. M.A 1768.  rector of Winterslow. died 19 March 1804.  Gentlemans Magazine Obituary 7 February 1847. At Salisbury aged 92 Sarah relict of Rev Peter Bellinger Brodie and daughter of Benjamin Collins of Milford formerly an eminent bookseller of Salisbury and sister of Lady Staunton wife of the late Sir George Staunton; she was left a widow having had sons Peter Bellinger Brodie conveyancer, William Bird Brodie late M.P for Salisbury, Sir Benjamin Collins Brodie surgeon and Charles George Brodie.

 

The chldren of Rev Peter Bellinger Brodie and Sarah Collins:

 

Peter Bellinger Brodie born in 1778 was a noted conveyancer and barrister of Lincolns Inn.  In 1829 he prepared the draft of the Rock Life Assurance Company and drew up the Charter of Kings College London. A member of the Real Property Commission he drew up parts of its three reports on fines and recoveries, probate of wills, copyhold and ancient demesne.  He also prepared a Parliamentary Bill for abolishing fines and recoveries which became law in 1838 and was the author of a Treatise regarding a tax on successions to real and personal property, removal of the house tax as substitutes for the income tax, and on burdens on land and restrictions on commerce and loans of money. 

He married firstly Elizabeth Mary Wood who died in 1823 daughter of Sutton Thomas Wood of Oxford and married secondly in 1826 Susan Mary Morgan daughter of John Morgan.  In 1854 he died at his home 49 Lincolns Inn Fields, London.  Summary of Will dated 29 October 1842 proved 20 September 1854.  Peter Bellinger Brodie of Lincolns Inn Fields in the county of Middlesex bequeathed his dear and beloved wife Susan Mary Brodie all property for own absolute use and benefit and appointed her the sole executrix.  In witness whereof I have to this my Will set my hand this 29th October 1842 - P.B. Brodie.  The writing on the other side was signed published and declared by Peter Bellinger Brodie as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names as witnesses William Cockrane, 13 Charing Cross, Westminster. Geo. Thos. Jenkin, 3 Lincolns Inn Fields gentleman.  The Will was proved at London 20 September 1854 before the worshipful Frederic Thomas Pratt Doctor of Laws and Surrogate by the oath of Susan Mary Brodie widow the relict the sole executrix to whom Admon was granted having been first sworn duly to administer.

 

Peter Bellinger Brodie born in 1815 son of Peter Bellinger Brodie by his first wife Elizabeth Mary Wood was ordained at Salisbury Cathedral in 1838 and appointed curate to the Rev Francis Baker. In 1853 he was appointed vicar of St Lawrence Church, Rowington Warwickshire and raised funds for a new school, restoration of the church and construction of a mission chapel in an outlying hamlet.  He married Isabella Octavia Baker daughter of Rev Francis Baker rector of Wylye Wiltshire and when she died in 1896 a stained glass window was dedicated to her by the Worcestershire Diocesan Girls Friendly Society of which she was a founder member. He died in 1897 buried at Rowington alongside his wife and two sons and two stained glass windows were dedicated to him by his parishioners who held him in high regard and affection.   He was also a noted geologist and attended lectures at Emmanuel College Cambridge given by Adam Sedgwick and in 1834 was elected Fellow of the Geological Society of London proposed by William Clift curator of its museum. The author of Fossil Insects in the Secondary Rocks of England and had many species named for him.  In 1853 he became a member of the Warwickshire Natural History and Archeological Society and was founder of its Field Club guiding field trips, writing papers, serving on committees and donating many fossils to its museum.  He was described as a genial man who impressed people with his enthusiasm and energy.  In 1887 he was awarded the Murchison medal by the Geological Society of London and after his death in 1897 Charles Lapworth wrote to the Warwickshire Natural History Society:  We of the younger generation of geologists look up to Mr Brodie as one of the fathers of our science, not only does palaeontological geology owe a deep debt of gratitude to Mr Brodie but stratigraphical geologists have cause to be equally grateful. 

 

Alumni Cantabrigienses.

Peter Bellinger Brodie adm pens Emmanuel Coll. 7 June 1834. s.Peter Bellinger barrister. matric michs 1834. B.A 1838. M.A 1842. ord deacon 1838 priest Salisbury 1839. curate Wylye Wilts 1838-1840. curate Steeple Claydon, Bucks 1840. curate Down Hatherley 1840-1853. vicar Rowington 1853-1897. surr dio Worcester 1853-1897. rector Baddesley Clinton 1855-1897. dean Warwick 1877-1894. Entomologist. Fellow Geological Society. Author of Fossil Insects in Secondary Rocks. died 1 Nov 1897 aged 82.   Father of Arthur William Lawson Brodie and Frank Malcom Brodie.

 

Arthur William Lawson Brodie adm pens St Johns 27 May 1870. 3s.Peter Bellinger 1834 clerk. bap 19 June 1851.  Hereford Cathedral matric Michs 1870. B.A 1874. Athletics Blue 1872. 1873.  died 13 June 1874.

 

Frank Malcom Brodie adm pens Trinity Hall 23 April 1877. s.Peter Bellinger 1834 clerk. Lancing and Stratford upon Avon. matric michs 1877. B.A 1881. M.A 1882. ord deacon 1882. priest Worcester 1883. curate Rowington 1882-1889. rector Honiley 1889-1897. perpetual curate Coventry 1897-1916. vicar Northwood Middx 1916-1923. retired lic.pr.dio Chichester.  of  St Helens Road, Hastings 1933.

 

William Bird Brodie born in 1780 married firstly Louisa Hussey who died in 1816 daughter of Thomas Hussey of Salisbury.  He married secondly in 1826 Frances Huntley daughter of Rev Richard Huntley of Boxwell Court, Gloucester and had son Erasmus Henry Brodie listed in Alumni Oxonienses 2s.William Bird Brodie of the Precincts, Salisbury Cathedral gent. Trinity Coll. matric 27 May 1850 aged 18. B.A 1855. M.A 1860. Inspector of Schools.

 

Salisbury Journal Monday 23 November 1812 summary.  On Wednesday Edward Davis Mayor of this City of Salisbury retired from office and Mr William Bird Brodie was sworn in as Mayor. Afterwards at four o'clock he gave a dinner in the Council Chamber and Assembly Room for Members of the Corporation, Nobility, Gentry and Clergy and principal inhabitants of the City, Close and Neighbourhood. Among those who honoured the Mayor with their presence were the Earls of Radnor and Pembroke, Viscount Folkstone, Sir Eyre Coote, Sir Charles Warre Malet, Major Wadham Wyndham, Mr Wyndham of Dinton, Messrs Paul Methuen, Canon Coxe, Penruddocke, Osborne, Egerton, Templeman, Bethel Coxe, Bristowe and many other Gentlemen. After dinner at the Assembly Room some of the Gentlemen of the Cathedral Choir under the direction of Mr A.Corfe performed in great style. Toasts were made to the Royal Family, the Army and Navy, Lord Wellington, Lord Bridport and the Royal Marines;  and those to Mr Chancellor Douglas and Major General George Michell showed the high esteem in which these gentlemen are held by all to whom they are known. The company continued together in great conviviality the room not being completely cleared till near seven on Thursday morning and the Mayor had the satisfaction of knowing his efforts for the entertainment of his friends were eminently successful.

 

In 1832 by three Indentures a share of property on the New Canal at Salisbury once of Benjamin Charles Collins and late of William Collins was sold by Rev Christopher Rigby Collins, son Christopher Gerard Rigby Collins, daughters and sons in law Elizabeth wife of Robert  Langworthy, Mary wife of William Webster, Sarah wife of Rev John Walter Phelps and Edith wife of William Somerville Ahmuty to William Bird Brodie.

 

Benjamin Collins Brodie born in 1783 married Anne Sellon third daughter of Mr Serjeant Sellon and Charlotte Dickinson.  Sir Benjamin Collins Brodie 1st baronet cr baronet 30 Aug 1834. DCL President Royal College of Surgeons 1844. President Royal Society 1858-1861. Surgeon to the Queen and first surgeon in ordinary to H.R.H the Prince Consort. Corresponding Member of the Academy of Sciences in the Institute of France. died 19 October 1862. of 14

Saville Row, London and Broome Park, Dorking Surrey.  succeeded by his son Benjamin Collins Brodie 2nd baronet.

Benjamin Collins Brodie 2nd baronet married Philothea Margaret daughter of John Vincent Thompson, Serjeant at law. Alumni Oxonienses 1s.Benjamin of Westminster bart. Balliol Coll. matric 29 Nov 1834 aged 17. B.A 1838. M.A 1860. Lincolns Inn 1839. DCL 1872. Waynflet Professor of Chemistry 1865-1872. Aldrichian professor 1855-1873. Fellow of the Royal Society.  died 24 November 1880.

William Brodie second son of Benjamin Collins Brodie 1st bart married Maria Waldergrave. Cantabrigienses Alumni adm Trinity Coll. 3 July 1838 aged 17. matric michs 1839. B.A 1843. M.A 1846. ord deacon 1844. priest Winchester 1845. rector New Alresford Hants 1851-1868. vicar East Meon Hants 1868-1882. married Lady Maria Waldegrave daughter of William 8th Earl of Waldegrave.

 

Charles George Brodie born in 1789 married Catherine Sarah Ray the daughter of Walter Ray of Suffolk.  Gentlemans Magazine Obituary 22 August 1849. At Salisbury after a few hours illness Catherine Sarah wife of Charles George Brodie and eldest daughter of Walter Ray of Tostock Suffolk. 

 

London Gazette 5 November 1847 Bankrupts. William Bird Brodie and Charles George Brodie of Salisbury Wilts co-partners.  Official asignee Bell. sols Bundrett & Co. Temple. Fiat 1 November pet.cr William Ward of Salisbury carrier.

London Gazette 4 June 1850 Meetings. William Bird Brodie and Charles George Brodie of Salisbury bankers. 24 June 1850 at 11 Court of Bankruptcy London div. sep.est Charles George Brodie.

 

Gentlemans Magazine Obituary 1 February 1853. At Salisbury in his 74th year Charles George Brodie esq many years an eminent wine merchant and Alderman of that city. He was a younger brother of the late William Bird Brodie M.P for that city and of Sir Benjamin Collins Brodie bart and was the fourth and youngest son of Rev Peter Bellinger Brodie vicar of Winterslow by Sarah daughter of Benjamin Collins of Milford Salisbury.

 

Francis Collins

Gentlemans Magazine Obituary 1781. At Salisbury Francis Collins esq brother of Benjamin Collins of that city banker.  In his Will given below he devised legacies to his brothers Joseph and Benjamin Collins and to nephews William and Benjamin Charles Collins.  Letters of Administration of the goods chattels and credits of Francis Collins bachelor was granted to Benjamin Collins and Joseph Collins the natural and lawful brothers and next of kin of the deceased.

Francis Collins - Will dated 21 August 1779 proved 22 June 1782.

Summary.  The intent of his Will did not change but in the various Parts he made numerous alterations in the detail, condtions and/or size of bequests and noted all debts to be paid to the use of his last Will save and except therein mentioned as gift and legacy - the principal wonder that among my relations on account of this my last Will I think must be from my not giving more for them then I have.

 

Part A.  First I order all my buildings in the High Street be sold by auction or otherways to best advantage that is to say my house now occupied by Mr Cumlyn with all fixtures dressers shelves stoves pump and lead cistern locks to doors paper hangings etc with back building belonging to same.  I order all my household furniture plate linen to be sold likewise after which my present dwelling house likewise with the remark to each purchaser that as I have made all the rain water gutters and currents very convenient from house to house the same shall remain so except the proprietors of both houses shall agree to alter it.  I do hereby give a strict charge with my utmost request that my executors go do to their utmost perform and execute all and every legacy of ever so small denomination as my worldly effects at a moderate calculation amount to more than a sufficient to answer all legacies etc.

 

Nephew Thomas Tatlock owing £650 same now given him and wife Mary Tatlock in trust for their children Nathaniel, Susan, Thomas, Mary, Sarah and Harriot and also for the children £700 in trust to nephew Nicholas Saunders and Maurice Barnard.  Nephew James Evatt appraiser owing £800 mortgage on three newly built houses in St James's Parade Bath now given to William Slater attorney and nephew Benjamin Charles Collins in trust for Evatt children lawfully begotten the interest to mother Ann Evatt for herself and children.  James Evatt owing £450 now given him and his wife for prudent use.  Nephew Thomas Towers died owing £1300 on two bonds now given to Margaret Towers widow.  Nieces Margaret Towers £100, Lydia Compton £450 and bond £250 given her husband William Compton at marriage, Elizabeth Saunders £200, Edith Poole £600, Lucy Poole £700.  M.Barnard, N.Saunders and T.Tatlock £600 in trust invested in public funds the proceeds payable monthly to brother Joseph Collins or wife Margaret Collins.  Niece Frances Nicholas at Frome bond £850 and interest due now near £600.  Cousin Ann Batt £100 or if deceased £40 to son William Batt.  James Whitmarsh grocer and William Stephens £200 in trust for poor children Mary, Elizabeth, Catherine and Ann daughters of John Russell butcher late of the Oxford Arms Inn, Sarum begging their friendly eye over them and providing by apprenticeship or otherways for their future good.  William Jones and daughter Jemima Jones owing £30 on joint Bond now given her as a present.  Miss Mary Batten now or late of the Coffee Room, Hot Wells Bristol twelve guineas, Miss Fowl late shop woman to Miss Blake milliner three guineas, Miss Hayward milliner two guineas, Mrs Cooke of Farringdon five guineas and daughters two guineas each.  Widow Howard five guineas, servant Mary Chant five guineas and children one guinea each.  Mary Boney of St Thomas parish late servant to Mrs x four guineas on condition she receives her usual parish allowance.  Poor neighbour Mary Ward five guineas betwixt her father herself and sisters.  Poor widow Bishop a near neighbour two guineas.  Edith Bryant and sister now or late in that dismal hole Fisherton Workhouse four guineas each.  To that honest ill treated man John Burrough late mercer of Silver Street five guineas.  Mary Bishop his ironing woman three guineas.  Robert Sutton his blacksmith late opposite the Kings Head, Fisherton Bridge five guineas.  James Whitmarsh two guineas and John Whitmarsh three guineas grocers and trustees. William Slater trustee as reward for some trouble he may have in the trust five guineas.  Nephew Benjamin Charles Collins £100 in trust interest payable to the treasurer of the Salisbury Infirmary for charitable uses.  Vaughan Prince grocer and the Churchwardens of Farringdon Berks £10 for the most distressed poor of that town by half crowns and eighteen pence each.  The parson to preach a good honest sermon at my burial no flattery one guinea and each under bearer five shillings and each link boy sixpence.  Funeral to be at Farringdon and the text thus Psalms 106 verse 4th Common Prayer Book by candle light the church to be well lighted.  N.Saunders £8 yearly on life of Edward Burtles of London secured in law in Cheshire.  William Compton the little copyhold houses or cottages with bit of land on life of John Bell now lying in Cirencestor situate in Market Lavington.

 

Part B.  Benjamin Charles Collins and Rev Mr Brody £700 in trust on good security the proceeds payable monthly to brother Joseph Collins and wife for their joint lives and if he outlives his wife same for own use and after to nieces Frances Collins and Ann Collins the daughters of Joseph Collins.  Sister in law Margaret Collins widow £200, nieces Frances and Ann Collins £450 each, Benjamin Collins and wife £20, niece Mary Collins £5. Eliz Collins, nephew William Collins, Jane Collins, Sarah Collins, Charles and Charlotte £5 each.  Nieces Margaret Towers and Elizabeth Saunders £200 each, Lydia Compton £350, Ann Evatt £300. James and Ann Evatt and Edith Poole her sister £650 in trust for use the Evatt children. Edith Poole £1300 on supposition she will never marry so at her death the principle part will return for benefit of her sisters.  Mary Tatlock £500, Thomas Tatlock and Nicholas Saunders £400 in trust for use Tatlock children.  Lucy Poole £800 and copyhold at Sarum. Vaughn Prince of Farringdon £40 in trust for kinsman John Butler.  William Compton and John Whitmarsh executors £80 for Elizabeth and Mary Russell and youngest daughters of John Russell butcher late landlord at the Oxford Arms Inn, Catherine Street.  Miss Jemima Jones schoolmistress of Bishops Walton bond now given. John Harfield shopman and N.Saunders £10. Vaughn Prince of Farringdon and churchwardens £20 for the Farringdon poor on condition no person be reduced in their usual allowance from the parish or town rate.  Mrs Cook widow of Farringdon five guineas and daughters two guineas each.  Edith Bryant and sister now or late in Fishertons very dismal cold workhouse three guineas each.  To that poor but honest man so unnoticed by his birth relations James Burrough mercer in Silver Street £10.  James Whitmarsh grocer, John Whitmarsh brother and William Chubb one guinea each for a ring.  Mary Bishop and mother two guineas each.  Mary Ward and sisters three guineas each and Ann Bishop widow three guineas but not to pay her landlord for rent.  Edward Burtles annuity to T.Tatlock in trust for the children of niece Frances Nicholas of Frome.  All gifts and other charges after alteration amount to £7575 only.

 

Part C.  Benjamin Collins and wife £5 each and daughters £5 each.  Nephew William Collins the High Street house now occupied by Mr Cumlyn subject to the £10 rent charge used to clothe two men and three women poor parishioners of Farringdon Berks such as are real abjects approved by three or four of the oldest and most capital inhabitants of the town and the abjects to be changed every year and on calculation of £10 each man a great coat waistcoat and britches shoes and four stocking and each woman a cap gown petticoat apron shift shoes and stockings.  Benjamin Charles Collins my present dwelling with appurtenances I now keep for my own use as stable outhouses etc subject to the ten guineas rent charge paid yearly to Frances Nicholas wife of Thomas Nicholas in trust for use of their children.  N.Saunders and T.Tatlock £420 in trust to pay Joseph Collins or his wife eight shillings weekly with 5% added during his life now near seventy and at his decease to his widow £100 and daughter Ann Jones £300.  Ann Jones another £300 as it may happen not forgetting bond £200 given Jones as executor.  N.Saunders, T.Tatlock and W.Compton all the houses in Bath profits arising equally betwixt them save Saunders £60 to atone for his £100 mortgage on them and like sum to Lucy to atone for £100 mortgage on them and be thankful.  Barnard, Saunders and Tatlock £2000 in trust the proceeds for Tatlock children born in wedlock.  Frances Nicholas given debt due for inventory to place herself and husband Thomas Nicholas in the Crown Inn at Frome and for use of their two daughters £400 in trust to nephews William Collins and B.C. Collins.  Saunders and Tatlock to pay John Butler 2s.6d a week.  Mary Tanner wife of Tanner the plumber £5 for use the Bryants late in Fisherton Workhouse.

 

Part D.  William Collins given the Cumlyns house to pay ten guineas every year to clothe two poor men and three poor women real abjects of the town of Farringdon. The men a hat coat britches two shirts two pairs stockings one pair shoes. The women a hat two caps warm gown petticoat two shifts one or two aprons two pair stockings one pair shoes. All made to fit them with good and proper stuff for the purpose and first day of wearing the 13 November then all five to prayers at church being St Andrews. The abjects nominated by the churchwardens to be approved by three or two of the principle inhabitants of Farringdon and if not approved the churchwardens to nominate five others or exchange one or two of them. The next year five fresh ones to be entitled in same manner and so from year to year for ever. I think ten guineas to complete and desire strict attention given to this charity and in default churchwardens have full power to make complaint.  To Benjamin Charles Collins the dwelling house and appurtenances now occupied by Francis Collins subject to £50 a year paid to the steward or treasurer of the Almshouse Wintergate for equal distribition among abjects male or female.

 

Part E.  Benjamin Charles Collins my corner house subject to £12 a year paid to Frances Nicholas for life for own use as I fear she will be blind and at her decease £1120 for use of her children.  Lucy Poole £500 bond with security due to me from Thomas Tatlock date 20 October 1770 but she shall have no power to sue for same within three years after my death.

 

Part F.  James Whitmarsh and William Stephens in trust £800 mortgage and interest due on Evatts houses for use Ann Evatt and children. Barnard and Saunders £1100 each in trust for use youngest children of Mary Tatlock. Nathaniel and Susan Tatlock fifty shillings each.  In trust £600 for any child lawfully begotten born and baptised before August 1780.

 

Part G.  To clothe two oldest men and three oldest women that are real abjects and inhabitants of Farringdon changing the abjects every year nominated by the churchwardens and overseers of the poor the clothes to be made as far as convenient in the town of Farringdon that they may fit the abjects.  For the men a hat a coat waistcoat britches shirt pair of stockings and shoes all made of new materials but not of the very coarsest and worst sort.  For the women a cap hat gown and warm petticoat shift check apron pair strong stockings and shoes all made of new stuff.  To be without the least partiality in the whole proceeding but if any partiality respecting the abjects or any neglect mismanagement or deficiency in clothes shall appear to two or more of the principle inhabitants they are required to report it to the nearest Justice of the Peace who shall have full power to rectify and amend same to the fulfilling of my Will and by calculation £11 will be just enough to defray all charge for the apparel of five and some trifle left to be equally divided.

 

Parts H to O  include persons already mentioned with additionally:

Part J.  John Fletcher attorney £5.  Mr Cumlyn tenant £2.  Ann Domont basket woman in town market £2.  Parish of St Thomas £10.  Eliz Condute or Condit apprentice weaver for clothing and to Bishop weaver for clothing 2 guineas in trust to William Stephens.   End note:  £8700 my present property exclusive of late loss £1400. 

 

Part K.  Benjamin Collins and family the two houses and quarter rent £1470.  William Collins my house now occupied by Mr Cumlyn subject to quarter rent let or not let of £15 a year that a moiety thereof used to buy eight upper garments for four men and four women the most deserving poor of the town of Farringdon to change every year and any surplus to be given with the clothing for ever and I desire my nephew to be careful whom he employs as I wish a just distribution. 

 

Part L.  Clothing for three women and three men annually from the interest of £2000.  £26 a year to brother Joseph Collins and eighteen shillings a month to kinsman John Butler at Farringdon.

 

Part M.  Houses £1300. Goods £300. Wine bottles etc £40.

 

Affidavit 5 June 1782.  Appeared Personally James Whitmarsh of New Sarum grocer, Silas Cumlyn of same tailor, Benjamin Collins of same and Lucy Poole of same spinster jointly and severally made oath they very well knew Francis Collins late of New Sarum gentleman deceased for several years before and to the time of his death and were well acquainted with the manner and character of his writing having often seen him write and having seen and carefully viewed the several paper writing hereunto annexed marked with the letters A B C D E F G H J K L M N O these deponents on their oath jointly and severally say the whole body contents and several interlineations and figures were and are of the proper hand writing and figuring of said deceased . . . Benjamin Collins and Lucy Poole for themselves jointly and severally speaking make oath they were both present the day after the death of the deceased making search for a Will when papers were found in the house of Francis Collins wherein he died taken out of the pocket of an outer or great coat by Mary Sturgis servant and believe to be true Mary Sturgis brought and delivered same to these deponents and that the several interlineations and obliterations scratchings and crossings out in the several paper writings appearing are now at this time in the same plight and condition as were found and delivered (save the letters marked thereon to distinguish them in manner aforesaid) and that they made diligent search after but could find no other Will or testamentary script or scroll . . . Benjamin Collins for himself only speaking saith the several paper writings so marked have from time of finding and delivery remained in the custody and power of this deponent only.  This 5th day of June 1782 James Whitmarsh, Silas Cumlyn, Benjamin Collins and Lucy Poole were duly sworn to the truth of this affidavit before me  Edward Moore commissary

 

On 22 June 1782 Letters of Administration with the Will contained in fourteen testamentary schedules annexed of all and singular the goods chattels and credits of Francis Collins late of New Sarum a bachelor deceased was granted to Benjamin Collins the natural and lawful brother and one of the next of kin of the deceased having been first sworn by commission duly to administer no executor or residuary legatee being named in the Will and to Joseph Collins the natural and lawful brother also and other only next of kin of the deceased having been first sworn.

 

 

The Gardiner Family

William Webber son of John Webber of Kittisford Somerset inherited Bathealton Court and had son William Webber who married Mary daughter of Mathew Havilland of Wellisford Manor; his son John Webber married Jane daughter of John Gardiner of Kings Brompton and had son William who assumed the Gardiner surname and married in 1756 Annabella daughter of Robert Lucas of Bampton in Devon.

 

John Gardiner

John Gardiner born in 1757 son of William Gardiner and Annabella Lucas attended university listed in Alumni Oxonienses s.William Gardiner of Beardley Somerset arm. Queens College matric 7 Nov 1778 aged 21. Wadham College B.A 1782. M.A 1796. B & DD 1796. J.P Somerset. entered Middle Temple 1773. vicar of Shirley Surrey and rector of Brailsford, Derbyshire.  Minister of the Octagon Chapel, Bath Somerset 1796 until his death 11 August 1838.  He was ordained deacon Christchurch Oxford in 1780, priest to the Bishop of Peterborough and appointed vicar of Shirley and rector of Brailsford patron Robert the Earl of Ferrers in 1781.

 

Church of St Mary Magdalen, Taunton Somerset summary.  On 6 August 1794 a sermon on the Duties of a Soldier, illustrated and enforced was preached at the Consecration of the Colours of the Somerset Light Dragoons by the Rev John Gardiner curate of the above Church.  Published at the Request of the Regiment of the Corps. 1s.6d. Rivingtons.

 

The Rev John Gardiner married 10 June 1799 Mary Spiers Piercy of Walcot the widow of Jeffrey Piercy of co. Cork Ireland by licence at St Michaels Church Bath witnessed by Amelia Gardiner and Mary Spiers.  Jane Austen of 13 Queen Square, Bath wrote to her sister Cassandra 11 June 1799: the Rev Dr Gardiner was married yesterday to Mrs Percy (sic).

 

Mary Gardiner by her first marriage to Jeffrey Piercy had daughter Mehetabel Piercy who married in 1807 William  at Bath and had son William Piercy  the Bishop of Guiana.  Mehetabel  died in 1852 at Bonn Germany and her half brother George Gregory Gardiner was chaplain at Bonn from 1851 to 1859 and of Paris from 1859 to 1872. 

The Times Friday 5 August 1870. On 2 August at Weymouth Dorset, by the Bishop of Guiana, assisted by Rev G. G. Gardiner MA of Paris, father of the bridegroom, Rev George Edward Gardiner MA to Bridget third daughter of William Stancombe of Farley Castle, Somersetshire. 

 

Mary Gardiner of 10 Paragon Buildings Bath died aged 62 buried 26 July 1825 at St Michaels Church Bath and in her Will given below appointed her husband John Gardiner the sole executor.  Beneficiaries included Jeffrey Bond Piercy, Henry James Piercy, Frances Ellen Piercy and Mary Piercy the children of her late son Jeffrey Piercy.  In November 1825 Mehetabel  widow and William Gardiner made oath they were well acquainted with the late Mary Gardiner wife of the Rev John Gardiner.

 

Mary Gardiner - Will dated 1 April 1818 proved 28 November 1825.

Summary.  Mary Gardiner wife of Rev John Gardiner of the city of Bath Somerset Doctor in Divinity gave and bequeathed all and every sum and sums of money bills bonds notes specialties and all other personal estate and effects whatsoever and wheresoever over which she had disposing power to her husband John Gardiner his executors and administrators  Upon trust to receive all monies stocks and funds and convert into money such part of estate as shall consist of chattels and apply same in equal portions for the use of Frances Ellen Piercy and Mary Piercy the two daughters of her late son Jeffrey Piercy by her former husband.  In the event of the death of either or both of said two daughters such portions or share to be divided equally between Jeffrey Bond Piercy and Henry James Piercy the two sons of her late son Jeffrey Piercy by her former husband.  I do hereby constitute and appoint the said John Gardiner sole executor of this my last Will and Testament written by my own hand and contained in one sheet of paper set my hand and seal this 1st day of April 1818 - Mary Gardiner.

 

Affidavit dated 14 November 1825.  Appeared personally Mehetabel  of the city of Bath widow and William Gardiner of the same place and made oath that they know and were well acquainted with Mary Gardiner wife of the Rev John Gardiner D.D late of the city of Bath deceased and during such their knowledge of and acquaintance with the said deceased they have often seen her write and also write and subscribe her name whereby they have become well acquainted with the manner and character of handwriting and subscription and having now with care and attention viewed and inspected the paper writing hereunto annexed purporting to be and contain the last Will and Testament of the said deceased beginning thus . . ending thus . . and subscribed Mary Gardiner these deponents say they do verily and in their consciences believe the whole sense and contents of the said Will together with the subscription thereto to be all of the proper handwriting and subscription of the said Mary Gardiner the testatrix deceased. Mehetabel . W. Gardiner.  On 14  November 1825 Mehetabel  and William Gardiner were sworn to the truth of this affidavit by virtue of the annexed commission before me. Chas. C. Waller commissioner.

 

On 28 November 1825 admon with the will annexed of the goods chattels and credits of Mary Gardiner wife of Rev John Gardiner Doctor in Divinity late of the city of Bath deceased was granted to Rev John Gardiner the lawful husband and sole executor named in the Will and sole person entitled to undisposed residue of personal estate and effects of said deceased having been first sworn by Common duly to administer.

 

1837 Bath Directory Churches and Chapels. 

Octagon Chapel, Milsom Street.  Divine service every Sunday at a quarter past eleven in the morning and Prayers at three in the afternoon. Prayers every Wednesday and Friday and Saints' Days at a quarter past eleven in the morning. Sacrament administered first Sunday in the month. Rev Dr Gardiner minister.  Bianchi Taylor organist. William New clerk.

 

The Rev John Gardiner witnessed the Will of Harriet Ahmuty and the Rev George Gregory Gardiner and Philip Henry Watts proved the Will of Alice Ahmuty the daughters of Thomas Ahmuty.

 

Rev John Gardiner of 10 Paragon Buildings Bath died 11 August 1838 aged 81 buried 18 August at St Michaels Church Bath and in his Will given below appointed his son George Gregory Gardiner the sole executor and residuary legatee.  Beneficiaries included his three sons John, William and George Gardiner and the Vicar and Churchwardens of St Mary Magdalen, Taunton Somerset.  Philip Henry Watts and William Tuckwell in September 1838 made oath they were well acquainted with the late Rev John Gardiner.

 

Gentlemans Magazine Obituary 1838.  At Bath in his 82nd year the Rev John Gardiner Doctor of Divinity, rector of Brailsford Derbyshire for fifty seven years, minister of the Octagon Chapel Bath and a magistrate for Somersetshire.  He was educated at Tiverton whence he went to the University of Glasgow and studied civil law and then entered himself of the Middle Temple with a view to qualify for the bar. He exchanged law for the church and for this purpose he repaired to Wadham College Oxford.  In 1791 he took possession of Brailsford the presentation to which was purchased by his father with whom he resided for some years at Wellington performing gratuitously the duty of curate. He undertook office at Taunton in 1789 where he continued till his father in 1796 purchased for him the Octagon Chapel at Bath where he has ever since regularly officiated.

 

Literature & Literati of Bath.  Dr Gardiner was for many years the proprietor of the Octagon Chapel, as his worthy son now is, and in his day was a popular preacher, his style, doctrine &c may be judged of and from his published sermons.

 

John Gardiner - Will dated 1 November 1836 proved with one codicil 8 September 1838.

Summary.  John Gardiner bequeathed his sons John Gardiner and William Gardiner each one third part of property and one third of interest due on Columbian Bonds deposited with Jones Loyd & Company.  To the Vicar and Church Wardens of the parish of St Mary Magdalen in the town of Taunton Somerset or either of them in trust a hundred guineas towards the painting of an altar piece the subject to be taken from the 1st or the 11th to 18th Verses of the 20th Chapter of St John.  The altar piece to be finished and put in place within two years after formal notice by the executors to the Vicar of this clause or the legacy to lapse.   I make my son George Gardiner sole executor and residuary legatee.

Written and signed with my own hand 1 November 1836 - John Gardiner DD.

 

Codicil.  I give my sons John Gardiner and William Gardiner £300 each in addition to the one quarter due to them after my decease written and signed with my own hand 27 June 1837 - J. Gardiner.

 

Affidavit dated 1 September 1838.  Appeared personally Philip Henry Watts of the city of Bath gentleman and William Tuckwell of the same city linen draper and made oath that they know and were well acquainted with the Reverend John Gardiner late of the parish of Saint Michael in the city of Bath clerk Doctor of Divinity deceased and with his manner and character of handwriting and subscription having often seen him write and subscribe his name and having now with care and attention viewed and inspected the paper writing hereto annexed purporting to be and containing the last Will and Testament and codicil of the said deceased the said Will beginning thus . . ending thus . . and thus subscribed John Gardiner DD and the said codicil beginning thus . . ending thus . . and subscribed J. Gardiner. They these deponents say they do verily and in their consciences believe the whole body sense and contents of the said Will and codicil and the said recited subscriptions thereto to be of the proper handwriting of the deceased.  On 1 September 1838 Philip Henry Watts and William Tuckwell were duly sworn to the truth of this affidavit before me. Henry Law commissioner.

 

The Will was proved at London with a codicil 8 September 1838 before the judge by the oath of the Rev George Gregory (in the Will written George) Gardiner clerk the son the sole executor to whom Admon was granted having been first sworn by Common duly to administer.

 

In Defence of the Country.  In February 1798 the magistrates of Bath compiled lists of able bodied men aged between fifteen and sixty for immediate mobilisation in the event of a French invasion. The Mayor called a Public Meeting to launch an Appeal for Funds and a local Committee was formed to received contributions from patriotic citizens. The Corporation of Bath gave £1000 and several wealthy persons pledged beween £50 to £100 a year for the duration of the war.

Bath Herald & Register Saturday 24 February 1798 summary. A List of Voluntary Contributions for The Defence of the Country subscribed to at The Guildhall, Bath. Those marked thus* have signified their intention to subscribe the same sum annually during the continuance of the War.  Amount of Subscription contained in our last published £3605.10s.0d.

The Rev Dr Gardiner £25.*

From the Fund of the Harmonic Society £50.  Captain A Ravenhill a months half-pay £14.15s.6d.

A Friend to her King and Country a lady £2.  Five Sisters, from their Pocket Money £0.7s.6d.

Mr I. Parsons, Surveyor of the Kings Taxes £1.1s.0d.  Lady Hesketh £50.

The Amicable Society meeting at the Belvidere Inn, Walcot enclosed in a very Loyal & Patriotic Letter £2.

James Leigh Perrot Esq £25.  Mrs Leigh Perrot £0.10s.0d.

William Nicholls, Butcher £10.10s.0d.  Thomas Morgan, Postman from Bath to Bath-Easton £1.1s.0d.

Mrs Coffin, Catherine Place £10.  Her Servants £0.5s.0d.

Mrs Marriott by Dr Falconer, an Offering for the Defence of her Country £20.

Rev Dr Chapman, Prebendary of Bristol in addition to like sum subscribed at the Bank of England £50.

Andrew Girardot Esq £52.10s.0d.  Mrs Newdigate £20.  Mrs Newdigates Servants £2.

Lady Wrey £50.  Her Maid, Cook and Coachman £1.11.6d.  One who has a most Loyal Heart a lady £2.2.0d.

Aaron Batt a Chairman No.125  £0.5s.0d.  J.King Esq. M.C. Lower Rooms £10.10s.0d.

Waiters at the New Rooms £2.12s.6d.  Porters £1.3s.6d.  Bar Maid & Cloak Maid each £0.10s.6d

Thomas Le Merchant Esq £50.  Mrs Jackson widow of the late Bishop of Kildare £50.

James Hillier, Clerk of the Market. The Surveyor of the City of Bath each £0.10s.6d.

John Murray a Superannuated Purser of the Navy £60.0s.0d.  James Noble a Journeyman Hair Dresser £1.1s.0d.*

Lieut.Col Arbuthnott 67th Regiment £20.0s.0d.  A Recruiting Party of the 67th Reg a weeks pay £4.11s.6d.

Colonel Cockburne and a Party of the Regiment under his command £7.15s.0d

At Mr S. Hazards Circulating Library. Mr Brookman £0.10s.6d.

At Mr Barratts Circulating Library. Thomas Ahmuty esq £10.0s.0d.  Mr R Mayhew £10.10s.0d.

 

Musters of the Somersetshire Provisional Cavalry. 

Bath Herald & Register Saturday 24 February 1798 summary.  At a General Meeting of the Lieutenancy of the County held at Taunton Friday 9 February 1798 for carrying into execution the Acts of the last Session of Parliament for raising a Provisional Force of Cavalry for the Defence of these Kingdoms. Present: Rt Hon John Earl Poulett, Lord Lieutenant. Deputy Lieutenants John Berkley Burland, John Tyndal Warre, James Coles, Francis Edward Whalley, Richard Messiter, Mathew Brickdale. Rev George Crossman clerk. The Lieutenancy assembled for taking into consideration the Provisions of the Acts relating to preparing Estimates of Allowances to be made in certain cases to the persons balloted for providing Men, and Mares or Geldings and for fixing the times and places of Musters of the Men enrolled and for other purposes mentioned in the Acts. Ordered and Directed the Allowances made to the persons balloted for providing a Man, and Mare or Gelding do not exceed the several sums hereinafter mentioned.  For every Man enrolled who shall attend the General Muster, each day of the Muster 2s.6d.  For the Dress or Clothing to be provided in all cases by the person on whom the lot hath fallen or shall fall according to the Pattern of Dress settled and fixed at a former meeting £2.9s.6d.  For the Horse Appointments for each Mare or Gelding to be provided in all cases by the person on whom the lot has fallen or shall fall £5.0s.0d.  For the necessary Bag 14s.0d. For keeping and maintaining every Mare or Gelding, provided for the space of One Year, from 11th day of July last, at 4s.0d. per week paid monthly. In addition to the Horse Appointments fixed at a former Meeting, a necessary Bag be provided agreeable to a Pattern sent by Mr Dighton of Davies Street, Grosvenor Square London at the price of 14s.0d. Such Allowances are to be paid by the Receivers General into the hands of the Deputy Lieutenants for the use of the persons chosen by lot within fourteen days after the times of the Muster.  The Musters of the Men enrolled and of the Horses to be provided at such Musters within each Subdivision to be held at Whitstone at Shepton Mallett on Monday 12 March next.  Chew and Chewton at the Unicorn Inn, Chewton 13 March. Wells at the Market Place 14 March.  Wrington at Cross near Axbridge 15 March.  Bedminster at Farlands Inn, Wraxall 16 March.  Keynsham at the Market Place 17 March.  Bath at the Market Place Monday 19 March.  Frome at the Church Close, Wells 20 March.  Somerton at the Market Place 27 March.  Ilminster at the Market Place 28 March.  Taunton at the Market Place 29 March.  Milverton at the Gore Inn, Bishops Lidiard 2 April.  Carhampton at the Market Place, Dunster 3 April.  Bridgewater at the Market Place 4 April.

 

The Colonel and other Officers will attend at Eleven oclock in the forenoon of each of said days and the Musters are directed to be held at half an hour after Eleven precisely.  Every person who hath been enrolled by himself or substitute is hereby required to appear at the times and places aforesaid and to provide or be furnished with a Mare or Gelding fit for Military duty of the height of fourteen hands or upwards with the before mentioned Horse Furniture. The Pattern Dress to be worn and every person enrolled who shall wilfully neglect to appear at said  times and places will suffer all the fines, penalties and forfeitures to be imposed by virtue of the said Acts of Parliament. The Meeting of the Lieutenancy adjourned to meet again Saturday 29 March at the Market Place, Taunton by Eleven oclock in the forenoon.  By Order of the Lieutenancy R. J. Bryant, Clerk to the General Meetings. 9 February 1798.

 

The children of John Gardiner and Mary Piercy recorded in St Michaels Church, Bath Somerset Baptismal Register:   

 

John Gardiner born 25 March 1800 bap. 5 June 1800. 

Charlotte Gardiner born 26 May 1801 bap. 29 December 1801.  

 

William Gardiner

William Gardiner born 9 December 1803 bap. 25 February 1805 attended university listed in Alumni Oxonienses 2s. John Gardiner of St Michaels, Bath Somerset doctor. Exeter College matric 24 January 1822 aged 18. BA 1826. MA 1828. rector of Rochford Essex 1837 until his death 7 September 1861.  He was ordained deacon at Wells Church Chapel in the Palace and appointed assistant curate Octagon Chapel, stipendiary curate at St Michaels Church, Bath and assistant stipendiary curate to the Officiating Minister of the Octagon Chapel 1827, £100 and required to reside in Bath.

 

William Gardiner of Exeter College and William Collins Colton of Middle Hill, Box Wilts in April 1825 were appointed trustees of the marriage settlement of Christopher Gerard Rigby Collins and Annabella Mary Gardiner.  William Gardiner and Mehetabel  of Bath in December 1825 made oath they were well acquainted with Mary Gardiner wife of the late Rev John Gardiner. 

 

William Gardiner married Mary Windsor Brownrigg daughter of Jasper Brownrigg of Ireland.  British Magazine 1835. Rev William Gardiner to Mary Windsor only child of the late J. Brownrigg esq of Edenderry, Kings County Ireland.

 

Bath Directory 1837 Churches and Chapels.

All Saints Chapel, Lansdown Crescent.  Divine service every Sunday at a quarter past eleven in the morning and at three in the afternoon. Sacrament adminstered the third Sunday in the month. Rev W. Gardiner minister. Rev Willis assistant minister. George Moody clerk. Mrs Cottle organist. Mrs Chapman sexton.

St Michaels Church, Broad Street.  Divine service every Sunday at eleven in the morning and at six in the evening. Prayers and lecture every Wednesday at seven in the evening. Sacrament administered last Sunday in the month. Rev J. East curate. Adam Chivers clerk. Henry Nethercote sexton.

 

Bath Street Directory 1837.  Rev William Gardiner 8 Sydney Place, Bath.

 

Gentlemans Magazine 7 September 1861 Obituary. At Caton Green nr.Lancaster aged 57, Rev William Gardiner rector of Rochford Essex.

 

George Gregory Gardiner

George Gregory Gardiner born 12 April 1805 bap. 28 March 1806 attended university listed in Alumni Oxonienses 3s. John Gardiner of St Michaels Bath Somerset.  Exeter Coll. matric 25 January 1823 aged 17. BA 1826. MA 1829. sometime minister of the Octagon Chapel. Chaplain of Bonn 1851-1859. at Paris 1859-1872. rector St Leonards on Sea 1872.   He was ordained deacon Church of St Peter and St Paul, Bath 1829 and was assistant and stipendiary curate of the Octagon Chapel, £100 and required to reside in Bath. 

 

He married firstly in 1831 Catherine McClintock daughter of John McClintock by his first marriage to Jane Bunbury; John McClintock married secondly Elizabeth daughter of William Trench 1st Earl Clancarty. 

Gentlemans Magazine 28 July 1831. At Clifton Gloucester, Rev George Gregory Gardiner to Catherine eldest daughter of John McClintock late MP for co Louth.  Gentlemans Magazine 5 June 1834 Obituary. At Bath Catherine wife of Rev George Gregory Gardiner and eldest daughter of John McClintock of Drumcar.

George Gregory Gardiner married secondly in 1839 Frances Mary daughter of Peter Touchet.  Gentlemans Magazine 9 April 1839. At St Andrews Church, Clifton Gloucester Rev Gregory Gardiner to Frances Mary only daughter of the late Peter Touchet esq and niece to Sir Francis Ford bart; Mary Ford sister of Sir Francis Ford married firstly Peter Touchet and secondly Captain Henry Elton RN son of Sir Abraham Elton bart.

 

George Edward Gardiner attended university listed in Alumni Oxonienses ls.George Gregory Gardiner of Bath Somerset. Brasenose Coll. matric 28 May 1860 aged 19.  BA 1864. MA 1867.  vicar of Box Wilts 1874.

George Edward Gardiner married in 1870 Bridget Downing Bowles daughter of William Stancomb of Blounts Court, Wilts. 

The Times 2 August 1870. At Weymouth by the Lord Bishop of Guiana, assisted by the Rev George Gregory Gardiner MA of Paris father of the bridegroom, Rev George Edward Gardiner to Bridget third daughter of William Stancomb of Farley Castle near Bath Somerset.

 

Bath Street Directory 1837. Rev George G. Gardiner, Queens Parade Place. 

George Gregory Gardiner and Christopher Gerard Rigby Collins in 1837 proved the Will of Rev Christopher Rigby Collins.

 

George Gregory Gardiner on his departure from Bath in 1851. 

Bath Chronicle summary.  We have pleasure in complying with the request to insert the following Address to the Rev George Gregory Gardiner this much respected Clergyman on the occasion of his quitting our City for a season, together with his Reply.  The Address to which one hundred and twenty names were annexed was, we are gratified in stating, accompanied with a present of £230 and a handsome silver inkstand worth £26 from the establishment of Messrs Payne of Old Bond Street, Bath.  

 

Reverend and Dear Sir.  We desire to express on behalf of ourselves members of your congregation as well as of other friends, our deep regret at your departure from Bath.  By that event we are about to lose the presence of whom we have esteemed and respected as a minister, loved and valued as a friend, one whose sterling worth and strict integrity have been long tested and one who gives active and unremitting exertions in aid of public objects of benevolence.  In the name of members of the Octagon Congregation and others whose signatures are attached, we request your acceptance of the accompanying Memorial of respectful and affectionate regard. We remain yours most sincerely,  P.C. Sheppard.  Edward Hodges.  John P. Hardy.  Samuel Sampson.  26 June 1851. 

 

To Members of the Octagon Congregation and to those Friends who have kindly united in the Testimonial. 

My  very dear Friends. You will, I am persuaded, readily believe that my feelings upon the present occasion must be of a mingled character and partake both of pain and pleasure.  It is very painful to part even for a season from those with whom I have been so long connected ministerially and socially and at whose hands I have ever experienced the most unvarying kindness.  At the same time it is a source of great gratification under the heavy trial of separation to call to mind the sympathy and affectionate consideration which have been so remarkably evinced towards me. I pray you accept my most sincere and heartfelt acknowledgement for your handsome and unmerited Testimonial and your munificent and truly gratifying gift.  Words I can assure you are quite inadequate to express my emotions of gratitude and affection to the valued friends and brethen whom I am about to leave in this city. Permit to embrace this opportunity to address a few words specially to the Members of the Octagon Congregation.  The Octagon Chapel has been bound up with some of my earliest and tenderest recollections.  I have on this account felt utterly unequal to the effort of a valedictory address from the pulpit or of calling personally at your houses for the purpose of taking leave.  You will I doubt not attribute my conduct to its true cause and not to any ingratitude or indifference.  The remembrance of your kindness will remain so long as life lasts deeply engraven on my heart. It will ever prove a source of consolation and encouragement amid the difficulties and disappointments to which in future I may be exposed.  I shall not fail to remember you my beloved friends and remain with much regard, your truly obliged and very affectionate friend and servant.  George Gregory Gardiner 12 Cavendish Place Bath. 28 June 1851. 

 

Burkes Peerage Obituary.  George Gregory Gardiner died 11 November 1890 St Leonards on Sea, Essex.

Bath Year Book summary.  The death is announced at St Leonards on Sea of the Rev George Gregory Gardiner who succeeded his father the Rev John Gardiner D.D as proprietor and incumbent of the Octagon Chapel until the year 1851 when Mr Gardiner left Bath. The Rev Fountine Elwin continued to be the Morning Lecturer and the Rev W.C. Magee, the present Bishop of Peterborough, the Afternoon Lecturer.  The lease on which the Chapel was held in 1856 having nearly expired, the congregation renewed it for another term at their own cost and presented it to their eloquent pastor.  After leaving Bath, Mr Gardiner became the English Chaplain at Bonn from where he went to the English Protestant Chapel in Avenue Marboeuf, Paris where he remained until the eve of the siege of Paris; later became rector of St Marys Church at St Leonards on Sea.

 

Annabella Mary Gardiner

Annabella Mary Gardiner born 13 August 1802 bap. 25 February 1805 married 7 April 1825 Christopher Gerard Rigby Collins son of Rev Christopher Rigby Collins at St Michaels Church, Bath Somerset. Marriage Register Entry No. 568. Christopher Gerard Rigby Collins of the parish of Walcot in this City bachelor and Annabella Mary Gardiner of this parish spinster were married in this Church by Licence this Seventh Day of April in the year One Thousand Eight Hundred and Twenty Five.  By me Christopher .Rigby Collins, Officiating Minister.  In the presence of Margaret Balfour. Ann Tennant. Charlotte Gladstone.

 

Christopher Gerard Rigby Collins and Annabella Mary Gardiner.  Marriage Settlement.

Summary.  By Indenture dated 6 April 1825 the terms of settlement were agreed to by Rev Christopher Rigby Collins of the Royal Crescent in the city of Bath clerk of the first part, Rev John Gardiner of Bath of the second part, Christopher Gerard Rigby Collins of Bath son of Rev Christopher Rigby Collins of the third part, Annabella Mary Gardiner of Bath spinster daughter of Rev John Gardiner of the fourth part, Rev William Collins Colton of Middle Hill, Box Wilts and William Gardiner of Exeter College Oxford trustees of the fifth part. 

It was agreed on execution of the now abstracting indenture of settlement that John Gardiner pay Christopher Rigby Collins £2000 for own use and that a £4000 bond in the penal sum of £8000 be payable to Christopher Rigby Collins within six months after the decease of John Gardiner. Christopher Rigby Collins to secure a £570 annuity for Christopher Gerard Rigby Collins and Annabella Gardiner and that a £12000 bond in penal sum of £24000 be payable to the trustees William Collins Colton and William Gardiner within six months next after the decease of Christopher Rigby Collins.  Should there be no lawful issue of the marriage the directions and agreements so declared to cease and be utterly void as fully and effectually as if same had never existed and said indenture had not been made and executed.  In such event the trustees to stand possessed of said £12000 and on £11000 thereof pay the interest to Christopher Gerard Rigby Collins for own use and disposal but subject at all times to the life interest of Annabella Mary Gardiner the remaining £1000 to be held in trust for the benefit of John Gardiner.  It was agreed between all parties particularly by and on the respective parts and behalves of Chistopher Rigby Collins and John Gardiner that should Annabella Mary Gardiner depart this life without leaving lawful issue and John Gardiner were deceased and Christopher Rigby Collins had received said £4000 this payment to be refunded and in default thereof the trustees to deduct and retain same from said £11000.  Should John Gardiner not be deceased said £4000 to be delivered up for cancellation and John Gardiner released and discharged.  Executed by all parties and duly attested.

 

Undated Draft. In the matter of a Petition in the Irish Court of Chancery . . .  of the city of Bath with that part of the United Kingdom of Great Britain and Ireland called England, Surgeon, maketh oath and saith that he is well acquainted with Annabella Mary Collins, wife of Christopher Gerard Rigby Collins late of the city of Bath and has attended her professionally for several years past and that Annabella Mary Collins within a year had an attack of . . . which produced great debility of body and rendered a separation from her husband necessary and that she still continues in the same state of weakness and is residing within the city of Bath with her father Rev J Gardiner DD and from the nature and effects of said attack there is not the remotest probability of her having any issue even were she again to live with her said husband.

 

Annabella Mary Rigby Collins of 10 Paragon Buildings Bath died in 1838 aged 35 buried 14 April at St Michael's Church Bath Somerset. Gentlerman's Magazine 8 April 1838 Obituary. At the house of her father Rev Dr John Gardiner of Bath, Annabella Mary wife of Captain C. G. Rigby Collins.  Christopher Gerard Rigby Collins married secondly in 1840 Annette Lethbridge daughter of Sir John Hesketh Lethbridge. 

 

Christopher Gerard Rigby Collins and Rev John Gardiner.  Bond dated 5 September 1827.

Know all Men by these presents that we, Christopher Gerard Rigby Collins of the city of Bath a Captain unattached and the Reverend John Gardiner of the same city Doctor in Divinity, are held and firmly bound to Susanna Long of Cambridge in the parish of Slimbridge in the county of Gloucester spinster, in the sum of £1000 of good and lawful money of Great Britain, to be paid to said Susanna Long or her certain attorney executors administrators or assigns.  For the true payment whereof we find ourselves jointly and each of us by himself severally and each of our heirs executors and administrators, and every of them firmly by these presents sealed with our seals dated this 5th day of September in the eighth year of the reign of George the Fourth of the United Kingdom of Great Britain and Ireland &c. 1827.  The condition of this obligation is such that if the above bounden Christopher Gerard Rigby Collins and John Gardiner or either of them their or either of their heirs executors administrators shall and do well and truly pay or cause to be paid unto the above named Susanna Long her executors administrators or assigns, the full sum of £500 of good and lawful money of Great Britain on the 17th day of December next ensuing the date hereof, (being the proper debt of said Christopher Gerard Rigby Collins alone and not as to any part thereof of the debt of said John Gardiner), together with interest for same sum in the meantime at the rate of five pounds for £100 by the year without fraud or further . . . sealed and delivered being first duly stampt in the presence of . . . signed William Gardiner.  Charles Avery Moore.

 

Charles Avery Moore listed in Alumni Cantabrigienses. Adm. Fell. Com. Trinity Hall 14 March 1837. of Dursley Glos 3s.William DD of Park Hill, Woodchester Glos. b.1801. matric michs 1837 LL.B 1843. ord deacon Peterborough 1840 priest 1841. curate Tichmarsh Northants 1840-1843. curate Montgom. 1843-1846. rector Poole Keynes Wilts 1846. vicar Romsey Hants 1854-1859. vicar of Sutterton 1859-1875. During the latter part of his incumbency he was convinced every sermon he preached would be his last and in consequence his discourses were of inordinate length.  J.P for Lincs and Wilts.  married 1836 Mary Nankivill daughter of John Tripp of Iwood House, Congresbury Somerset and widow of Thomas Townshend, Chief Judge of the Zilla Court Madras. died 10 March 1884 aged 82.

 

Census 1861 Sutterton Linconshire.

Charles Avery Moore 59 Vicar of Sutterton.  Mary Nankivell Moore wife 57 

Joseph Nankivell Townsend stepson 39 unm born Bath Somerset.  In Holy Orders

 

Obituary 26 August 1862. At Sutterton Vicarage Linconshire Rev Joseph Nankivell Townsend only son of the late Thomas Townshend, Chief Judge of the Zilla Court Madras and of Pulteney Street Bath.

 

 

The Rigby Family

Tipping Rigby an Alderman of London was the youngest son of the Rector of Ickford Buckinghamshire and grandson of Christopher Rigby of Cosgrave Northamptonshire.

 

John Rigby rector of Ickford Bucks attended university listed in Alumni Oxonienses s.Christopher Rigby of Cosgrave Northants gent. Wadham College matric 15 January 1727-8 aged 18. B.A 1731. M.A 1734. 

Gentlemans Magazine Obituary 24 May 1775. The Rev Mr Rigby rector of Ickford Buckinghamshire.

 

The children of John Rigby:

 

Christopher Rigby

Christopher Rigby an officer in the Royal Navy was noted in the Diary of John Baker 5 June 1778: George Rigby has a brother in America whom Lord Sandwich lately made a Post Captain.  Christopher Rigby R.N died in 1795 and in his Will given below appointed his wife Sarah Rigby sole executrix devised all his estate in trust for his two children Christopher Rigby later known as Christopher Rigby Collins and Sarah Rigby who died in 1790. 

 

Gentleman's Magazine Obituary 4 January 1795. Christopher Rigby esq a captain in his Majesty's service. 

European Magazine Obituary January 1795. At Princes Risborough, Christopher Rigby esq a master and commander in his Majesty's Navy.   Musgraves Obituary 4 January 1795.  Christopher Rigby navy captain.

 

St Nicholas Church, Bathampton Somerset Burial Register and Inscription. Sarah Rigby relict of Captain Christopher Rigby RN died aged 70 at Walcot Bath 7 November buried 13 November 1818.  

 

Christopher Rigby - Will dated 30 January 1789 proved 7 February 1795.

Summary.  Christopher Rigby of Princes Risborough in the county of Buckinghamshire being indisposed in body but of sound and disposing mind made and published his last Will and Testament.  He bequeathed his loving wife Sarah Rigby his messuage or tenement wherein he now dwelt with all outhouses yard garden and appurtenances thereunto situate in Risborough Bucks to hold unto her and her assigns during her natural life and after her decease to his son Christopher Rigby his heirs and assigns. He left his wife all household goods and furniture for own benefit and disposal and also monies in public funds for her to transfer or dispose either in her lifetime or by her last Will and after her decease to his son and daughter in such proportions as in her discretion she shall think most for their benefit and advantage.  In the meantime she was to receive the interest and yearly produce thereof for the support of herself and the maintenance and education of his children and also for own disposal his horses and all the rest and residue of goods chattels rights credits and personal estate. 

 

I hereby appoint my wife Sarah Rigby the sole executrix of this my last Will.  In witness whereof I have hereunto set my hand and seal 30 January 1789 - C..Rigby (Is) signed sealed published and declared by the above named Christopher Rigby the testator as and for his last Will and Testament in the presence of us who subscribed our names in the presence of said testator and of each other Ann Francklin. John Coventry. Joseph Wells.

 

The Will was proved at London 7 February 1795 before the worshipful John Michell Doctor of Laws and Surrogate of Sir William Wynne Knight also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted before the oath of Sarah Rigby widow the relict and sole executrix named in the will to whom Administration was granted of all and singular the goods chattels and credits of the deceased having been first swom duly to administer.

The son of Captain Christopher Rigby RN.

Christopher Rigby was baptized 4 November 1772 at Risborough and attended university listed in Alumni Oxonienses s.Christopher Rigby of Monks Risborough, Bucks gent. Wadham College matric 14 April 1790 aged 17. A.B 1794. A.M 1797.   He was ordained deacon at Fulham London appointed June 1795 curate of Hockley Essex patron his uncle Henry Rigby vicar of Hockley; and ordained priest at Sarum Wiltshire appointed November 1796 curate of St Martins Church, Salisbury Wiltshire.     

 

Rev Christopher Rigby married 28 January 1799 Eliza Collins daughter of William Collins at St Thomas Church, Salisbury.

Monthly Magazine.  At Salisbury Rev C. Rigby M.A to Miss Collins daughter of William Collins esq.  

 

William Collins died 4 August 1810 and by his Will bequeathed his share of estate late of his half brother Benjamin Charles Collins to the Rev Christopher Rigby in trust for the benefit of his children by his wife Eliza.  Rev Henry Rigby left his nephew Rev Christopher Rigby not a large legacy as he and his children had been amply provided for by the late Mr William Collins.  Christopher Rigby added the Collins surname by Royal Licence dated 29 August 1810 and became known as Christopher Rigby Collins : The King has been graciously pleased to give and grant unto the Rev Christopher Rigby clerk, Master of Arts the rector of Ringmore and vicar of Ipplepen both in the county of Devon, his Royal Licence and Authority, that he and his issue, by Elizabeth his wife, may out of grateful respect to the memory of William Collins late of the city of Salisbury esq, deceased, take the surname of Collins, in addition to and after that of Rigby. 

 

History and Antiquities of Dorset: In a vault beneath with the remains of his beloved mother Edith Collins, sole heiress of a branch of the ancient Good family, being resident in this neighbourhood, are deposited those of William Collins esq of the city of Salisbury who departed this life August 4th, 1810 in the sixty-sixth year of his age.  This tablet, as a tribute of gratitude and respect for his memory, was erected by his affectionate daughter Eliza, wife of the Rev Christopher Rigby Collins A.M. 

 

Henry Rigby

Henry Rigby attended Eton listed in the College Register s.Rev John R. rector of Ickford co. Buckingham baptized 5 April 1741 Ickford. entered 16 June 1756 (Newman) no fee.  Kings Scholar 1756. died Salisbury 15 May 1819 aged 77;  he also attended Wadham College listed in Alumni Oxonienses s.John of Ickford Bucks cleric. Wadham Coll. matric 28 May 1759 aged 17. BA 1763. MA 1768. rector Hadleigh Essex 1776.  He was ordained deacon at Christchurch Oxford 1763, priest at St Marys Oxford 1766 and was vicar of Hockley Essex patron of his nephew Rev Christopher Rigby appointed curate of Hockley June 1795. 

 

Henry Rigby married 30 July 1776 Fanny Prower daughter of Robert Prower M.D and Frances Mervyn of Cranborne, Dorset. 

St Mary Le Bone Church, Middx. Marriage Register Entry.  Rev Henry Rigby clerk, Fellow of Wadham College Oxford bachelor and Fanny Prower spinster by Licence witnessed by Mary H. Downes.  E. Rigby.  

 

Rev Henry Rigby died in 1819 and in his Will given below appointed three executors Peter Templeman,Thomas Andrews and Anthony Mervin Reeve Storey but later by codicil Anthony Storey was replaced by Thomas Cotton described as the husband of Sarah Anne daughter of his late brother George Rigby.  He devised in trust for the benefit of his wife Fanny Rigby estates at Ockford Fitzpaine and Bradford Abbas, Dorset and Crane Street, Salisbury;  Dorset Poll Book 1807 Rev Henry Rigby residence Salisbury, situation of freehold Ockford Fitzpaine.  Beneficiaries included sister in law Mary Anne Rigby the widow of his late brother Tipping Rigby and his nephew Christopher Rigby was left not a large legacy as he and his family had been amply provided for by the late William Collins.  Henry Rigby devised legacies to his nephew George Arrowsmith and sons George, Joseph, Henry Abel and Charles Arrowsmith; the eldest son George Arrowsmith in his Will given below devised estates in London, Middlesex, Worcester and Surrey to his sons George, Henry George, Benjamin Yarrow and Thomas Charles Arrowsmith.  Gentlemans Magazine Obituary 11 October 1857. Benjamin Yarrow Arrowsmith aged 40 third son of the late George Arrowsmith esq of Dorking Surrey. 

 

Gentlemans Magazine Obituary 15 May 1819.  At Salisbury aged 77 Henry Rigby clerk of Salisbury Wilts.

 

Henry Rigby - Will dated 3 November 1817 proved with five codicils 24 May 1819.

Summary.  Henry Rigby of New Sarum Wilts clerk made and published his last Will and Testament the 3rd day of November 1817.  He devised Anthony Mervin Reeve Storey of the Middle Temple London, Peter Templeman of Whichbury Wilts and Thomas Andrews of Ludgate Street London linen draper their heirs executors trustees all his freehold messuage dwelling house garden coach house stable and appurtenances in Crane Street, New Sarum, the leasehold messuage farm lands hereditaments at Ockford Fitzpaine Dorset, the leasehold farm lands hereditaments appurtenances at Bradford Abbas Dorset and all other real estate wheresoever To have and to hold all aforesaid premises their heirs executors assigns for the trusts interests purposes declared that is to say.  Upon trust to permit his wife Fanny Rigby to peaceably occupy and enjoy all said premises and the proceeds therefrom for own use during her life and after her decease said premises to be sold for best prices and all monies therefrom to form part of personal estate.  All stock in the public funds moneys securities for money and all good chattels and other personal estate and effects he devised in trust to Anthony Mervin Reeve Storey, Peter Templeman and Thomas Andrews to pay his wife during her life an annuity or yearly sum of £400 free from all deductions by two equal half yearly payments on the first days of February and August.  And to raise a £200 annuity for the education support and apprenticing of the sons of his nephew George Arrowsmith namely George Arrowsmith 17 yrs. Joseph 15 yrs. Henry Abel 13 yrs. and Charles 11 yrs. to trades professions business employment  and advancement applied in such proportions at the discretion of the trustees and when all the children had been provided for said annuity payable to George Arrowsmith for own benefit and after his decease to his sons share and share alike.

 

After the decease of his wife Fanny Rigby the trustees to stand possessed of £4000 5% stock part of present stock to pay the interest and dividends thereof to his sister in law Mary Anne Rigby widow of his brother Tipping Rigby late an Alderman of London her assigns for life and after her decease to sell said stock the produce thereof to her children equally share and share alike as Tenants in Common.  And a further £4000 5% stock to pay the interest and dividends thereof to his niece Sarah Anne Cotton daughter of his late brother George Rigby and wife of Thomas Cotton of Enfield Middx for life for own use not subject to the control or interference of her present or any future husband.  He gave his wife all pictures prints wines liquors and all household furniture plate linen china books for own use and enjoyment during her life and after her decease in trust for the person entitled to the rest and residue of personal estate.  To my nephew the Rev Christopher Rigby five guineas for a ring in remembrance of me and it was not from my disrespect to him that I have not bequeathed to him a larger legacy but because he and his children are most amply provided for by the late Mr William Collins and I have disposed of my property amongst those to whom I consider it will be most useful.

 

I hereby appoint said Anthony Mervin Reeve Storey, Peter Templeman and Thomas Andrews the executors and trustees.  In witness whereof I have to the first four sheets have subscribed my hand and to this fifth and last sheet have subscribed and set my hand and seal the day and year before written - Henry Rigby (Is) signed sealed and declared this his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses Peter Harrison curate of Fisherton Anger. Charles Hill junior clerk to Mr Winch att at law Salisbury.  Elizabeth Eyres servant to Mr Winch att. at law.

 

Five Codicils.

1. He revoked and declared null and void the appointment of Anthony Mervin Reeve Storey as executor and trustee. In witness I have hereunto set my hand and seal 11 August 1818 - Henry Rigby (Is) signed sealed published and declared this a codicil to his last Will and Testament in the presence of us who in his presence and at his request have signed our names as witnesses Thos. Wilde Dyke. M.A Skinner. Sarah Skinner

 

2. Thomas Cotton of Enfield Middlesex was appointed an executor and trustee.  In witness whereof I have set my hand and seal 21 September 1818 - Henry Rigby (Is) in the presence of Thos. Winch att at law Salisbury.  Edward White. Charles Hill junior clerks to Mr Winch.

 

3. To Robert Dixon his servant all wearing apparel, large silver shoe buckles, silver knee buckles, a smaller pair of silver shoe buckles, silver stock buckle, all shaving apparatus, inkstandish, bureau now standing in the lumber room, brewing utensils except fixtures, all linen such as shirts stocks stockings except two India handkerchiefs. Sarah Small servant £5 and mourning Thomas Prower £20. Mr Winch solicitor worthy and much esteemed friend £20. Good friend Dr Skinner a ring also to Rev Mr Harrison of Fisherton Anger. Mr Winch senior £10.  Peter Templeman asked to accept a ring not for its value but as a small taken of friendship and regard.  I give my nephews Rev Christopher Rigby my Cornelian Seal set in gold and George Arrowsmith my folio Bible and Testament. Witness my hand 7 October 1818 - Henry Rigby (ls) in the presence of Anna Maria Bowles.  Elizabeth Bowles.  Elizabeth Hayward.

 

4. Robert Dixon an additional £30.  8 April 1819 - H.Rigby (ls) witnessed Joseph Bell.  Mary Bell.  Philip Clouter.

 

5. Sarah Small widow £30 cancelling all former legacies. 15 April 1819 - H.Rigby (Is) witnessed Joseph Bell. James Bennett. Philip Clouter.

 

The Will was proved at London with five codicils 24 May 1819 before the worshipful John Dauberry Dr of Laws and Surrogate by the oath of Thomas Andrews one of the executors named in the Will and Thomas Cotton the executor substituted in the second codicil to whom Admon was granted being first sworn duly to administer power reserved to Peter Templeman the other executor named in the Will.

 

Fanny Rigby died in 1827 and in her Will given below desired to be buried at Cranborne Dorset in the vault wherein her late father Dr Robert Prower, daughter Harriet Rigby and other relatives were buried.  She appointed two executors nephews John Mervin Prower son of her brother John Prower of Purton Wilts and Anthony Mervin Reeve Storey of Basset Down House, Wilts son of her sister Bridget Prower and William Storey.  Beneficiaries included nephew Thomas Prower surgeon of London and niece Anne wife of Robert Isherwood of Highgate Middx.

 

Salisbury Journal Obituary 7 March 1827. At Crane Street, Salisbury in her 82nd year, Mrs Rigby widow of Rev Henry Rigby.

 

Fanny Rigby - Will dated 8 May 1822 proved 3 April 1827.

Summary.  This is the last Will and Testament of me Fanny Rigby of the city of New Sarum in the county of Wilts widow made this 8th day of May 1822.  I desire to be decently buried at Cranbome in the county of Dorset in the vault wherein my late father Dr Robert Prower and my dear daughter Harriet Rigby and other relatives are buried and that the words Fanny Rigby daughter of Robert Prower M.D with the day of the month and year of my decease inscribed on the monument which I have lately put up in the chancel of the church of Cranborne.  Fanny Rigby  devised in trust to nephews Anthony Mervin Reeve Storey of Basset Dowry House Wilts and Rev John Mervin Prower of Purton Wilts £500 of government stock last £5 per centum per annum now £4 % floated or about to be floated by authority of Parliament the proceeds payable to her servant Sarah Small widow for life.  Also in trust £120 of the now £4% stock the proceeds payable every year for ever on New Years Day to the poor aged people residing in the town of Cranborne Dorset or each of them as thought best.  Robert Dixon servant thirty guineas and Elizabeth Turner servant £10 free and clear of legacy tax and outgoings. 

 

Anthony Mervin Reeve Storey was bequeathed all her estate right title term and interest in a leasehold messuage or tenement farm lands hereditaments appurtenances at Ockford Fitzpaine Dorset late the property of her father.  The residue of real and personal estate money securities plate linen china goods chattels and said £500 stock on decease of Sarah Small to be divided into four equal parts in trust one part for sole use of her niece Anne Isherwood wife of Robert Isherwood of Highgate Middlesex and one part each to nephews Anthony Mervin Reeve Storey, John Mervin Prower and Thomas Prower surgeon of London for their own use.  I appoint Anthony Mervin Reeve Storey and John Mervin Prower executors of this my last Will.  In witness whereof I have hereto my hand and seal the day and year first above written - Fanny Rigby (Is) signed sealed published and declared by said Fanny Rigby the testatrix as and for her last Will and Testament in the presence of us Thos. Winch att at law Salisbury. James Chisholme. James Edwards x clerks to Mr Winch.

 

Codicil. To my niece all wearing apparel excepting colored silks and silk shawls that are not black, the last flowered one I bought and a black one with a border to it and also silk stockings.  I give Sarah Small £20 a year for life free of deductions and every half year as dividends become due and after her death £6 a year for ever to the widows and poor of Cranborne which I think is £5 more than my Will mentions but it must be for ever and ever. 23 October 1825 - Fanny Rigby.

 

Affidavit dated 31 March 1827.  Appeared personally Robert Dixon and George Glass of the city of New Sarum in the county of Wilts and made oath they knew and were well acquainted with Fanny Rigby late of the city of New Sarum widow deceased for some years before and to the time of her death also with manner and character of her handwriting and subscription having frequently seen her write and subscribe her name and having carefully viewed and perused the paper writing hereunto annexed say they verily and in their consciences believe the whole of the writing contained in said paper writing to be of the proper handwriting of the deceased.  On 31 March 1827 Robert Dixon and George Glass were duly sworn to the truth hereof before me. Charles Henry Hodgson commissioner.

 

The Will was proved at London with a codicil 3 April 1827 before the judge by the oath of Anthony Mervin Reeve Storey esquire and the Reverend John Mervin Prower clerk the executors to whom Admon was granted having been first sworn by Common duly to administer.

 

George Arrowsmith - Will dated 13 August 1849 proved 3 May 1851.

Summary.  George Arrowsmith late of Percy Street in the parish of Northfleet but now of Northfleet in the county of Kent appointed his son George Arrowsmith sole executor and gave his sons Henry George Arrowsmith £500 and Benjamin Yarrow Arrowsmith and Thomas Charles Arrowsmith £100 each.  He devised property to his four sons George Arrowsmith messuages or tenements lands hereditaments and premises at Upton upon Severn, Worcester, the estate called Wintershaw at Westgate, Dorking Surrey and the rest and residue of all personal estate and effects.  Benjamin Arrowsmith the leasehold estate in Bouverie Street, London.  Thomas Charles Arrowsmith the leasehold estate in Theberton Street, Islington Middlesex.  Henry George Arrowsmith the leasehold messuage or tenement at No. 2 Canterbury Place, Walworth Surrey.  Peter Graham of Oxford Street was devised in trust the leasehold estate at Highbury Park, Middx to apply rents issues profits thereof for the benefit of George Graham until his majority when entitled to said estate. He left Jane Holloway widow £150 and the furniture and effects in and about the house in her occupation at Northfleet his plate excepted. 

 

In witness whereof I have hereunder set my hand to this my Will this 13th day of August 1849 - Geo. Arrowsmith signed by the said testator as his last Will and Testament in the presence of us present together at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses the word Henry in the first line of the second side having been first introduced.  Francis Southgate solicitor Gravesend.  Francis Thos. Southgate solicitor Gravesend.

 

The Will was proved at London 3 May 1851 before the worshipful James Parker Deane Doctors of Laws and Surrogate by the oath of George Arrowsmith the son the sole executor to whom Admon was granted having been first sworn duly to administer.

 

George Rigby

George Rigby married firstly 19 October 1769 Sarah Ann Dicey daughter of Cluer Dicey bookseller and publisher of cheap print literature or chapbooks and had two daughters Sarah Ann Rigby married in 1795 Thomas Cotton of Cornhill and Elizabeth Jane Rigby married in 1799 Thomas Turner Weatherhead.  Gentlemans Magazine 29 August 1799. Thomas Turner Weatherhead to Miss Rigby of Stoke Newington.  Monthly Magazine 1799.  At Stoke Newington Mr T. T. Weatherhead to Miss Rigby of that place.  In October 1800 at the Old Bailey Thomas White was indicted for feloniously stealing an iron bar valued ten shillings the property of Richard James Weatherhead and Thomas Turner Weatherhead, it being lost from their premises upon the ruins of a chimney that had fell down occasioned by a fire.

 

In July 1774 George Rigby purchased 2950 acres of land in America and his partner John Read 2050 acres from Alexander Gray of East Florida who later became their agent; George Rigby of the City of London merchant memorial summary.  Sheweth That your Memorialist in the Month of July 1774 Purchased of Alexander Gray of East Florida, gentleman a Tract of land containing 2950 acres on the west side of St Johns river in said Province . . . a Valuable Consideration by said Alexander Gray to John Read  merchant of old Jewry London.

 

George Rigby married secondly in 1775 Elizabeth Dupuy a widow at St Olaves Church, Old Jewry London.  Ladies Magazine 18 November 1775.  George Rigby merchant to Mrs Dupuey relict of the late Isaac Dupuey of St Christophers in the West Indies. 

Isaac Dupuy died in 1771 in his 34th year and in 1775 George Rigby married his widow Elizabeth Dupuy who died 28 May 1789 aged 65;  Jane Dupuy the sister of Isaac Dupuy married James Akers and had sons John, Isaac Dupuy and James.  Alumni Oxonienses Isaac Dupuy Akers s.James of Isle of St Christopher gent. Brasenose Coll. matric 18 July 1783 aged 17. B.A 1787. M.A 1790.

 

The Diary of John Baker barrister a summary of entries and notes.  

1767. 28 May:  Rode to Mrs Kings burial. Pall bearers Samuel Crooke, John Estridge, Mr Brouncker, Mr A. Douglas, Mr Dupuy, William Mills, Mr Newton and myself.  *Isaac Dupuy owned plantations in St Peters and St Georges, Basseterre and Palmetto Point, St Kitts and was of Leyton in Essex. He married Elizabeth Kemp and died in 1771 in his 34th year and his widow later married George Rigby.

1770. 31 Aug:  At St Pauls heard anthem.  Found Mr Dupuy and wife and her father and Miss Abbott. They had bespoke beef steak, went and dined with them, after called at Mr Hardhams in Holborn bought snuff.

1772. 6 May:  As walking to Mr Mannings it came strongly into my head I ought to go and see Mrs Dupuy whom had not seen since her husbands death and offer assistance about her husbands affairs.  7 May:  To Hackney to Mrs Dupuy, talked over Mr Dupuys affairs.  9 May - Took in pocket Miss Kemps settlement when married to Mr Dupuy and my accounts St Kitts and St Vincents.

1773. 6 Dec:  Enclosed to Mr Manning draft of Mr Dupuys will in cover, evening draughts with Mr Swinburne.

1774. 2 June:  By coach to drink tea with Mrs Dupuy at her house on Terrass (sic) Row, Clapton, very neat especially kitchen etc dowstairs. Her son Isaac exceedingly tall born September 1769 but not yet breeched, also Jemmy Akers there from Newcombes School. *Richard Newcombe of Queens College Cambridge established a school at Hackney, of great reputation, many of his pupils later attaining celebrity.  Bishop of Llandaff 1755 and St Asaph 1761.

1775. 27 May: With Mr Akers and fils Bob in chaise to Mrs Dupuys at 6 Terrass (sic) Row, Clapton about two miles beyond Hackney Church.

1775. 14 Nov:  Heard last night Mrs Dupuy going to be married to one Rigby a factor in Old Jewry.

1777. 4 July:  Came Mrs Akers with Mr and Mrs Rigbys invitation to dine at Hackney next Monday.  7 July:  Got to Mrs Rigbys before four, a Turtle of 68 lb. present George Rigby and Uxor (wife), his brother Mr Dip (or Tip)ping Rigby and Uxor, George Rigbys partner Mr Reid (sic), Mr Kemp, Mrs Rigbys son Isaac Dupuy, Mr Rigbys daughter by first venter also James, John and Isaac the sons of James Akers.  The stage down to Mr Rigbys, Upper Clapton 2s. 6d.   10 Aug: To Mr Rigbys, at dinner Mr and Mrs R, Mr Kemp, Jemmy Akers and Isaac Dupuy Akers.  Mr Rigbys man 1s.0d.

1778.  26 Feb:  Came Mr Rigby much talk with him about general matters and particular over James Akers. *James Akers 1720-1791 had three sons John Bannister Akers born 1765, Isaac Dupuy Akers born 1766, James Akers born 1768.  Mr Rigby married Mrs Dupuy the sister of whose first husband Isaac Dupuy was wife of James Akers, these boys therefore her nephews by marriage.

1778. 5 June:  Mr Rigby called between twelve and one and stayed above an hour and a half.  Mr Rigby told me he had a brother in America whom Lord Sandwich lately made a Post Captain;  Captain Christopher Rigby of the Royal Navy whose son added the Collins surname in 1810 and became known the Rev Christopher Rigby Collins.

1778. 11 June:  James Akers at half past one, he had just been with Mr and Mrs Rigby to see Mrs Savage and Ellick a servant who said she was not at home on which, he told me, Mr and Mrs R. a good deal piqued.  14 June:  By hack about half past ten through the City to Mr Rigbys at Terrace Row arrived soon after twelve, present Mr and Mrs Rigby, his daughter five years old tomorrow, her son Isaac nine years old, James, John and Isaac (they call the doctor) Akers, Mr Rigbys brother Tipping Rigby a draper in Ludgate Street London and Mr Rigbys clerk a Mr Barber.

 

1780 Read, Rigby and Darby merchants 31 Old Jewry, Cheapside.  (Joseph Read, George Rigby and John Darby)

 

Kents Directory 1794 for the Cities of London & Westminster and Borough of Southwark.

George Rigby merchant City Chambers 121 Bishopsgate Within.  Tipping Rigby merchant 15 Ludgate Street.

 

George Rigby died in 1802 and in his Will given below appointed his wife Elizabeth Rigby the sole executrix.  Beneficiaries included his daughters Sarah Ann wife of Thomas Cotton of Enfield and Elizabeth Jane wife of Thomas Turner Weatherhead of Wapping. 

Gentleman's Magazine Obituary 15 February 1802.  At Stoke Newington aged 63 George Rigby esq  merchant.

 

George Rigby - Will dated 13 December 1800 proved 6 March 1802.

Summary.  George Rigby of Stoke Newington in the county of Middlesex being in sound mind and memory do make my last Will and Testament being desirous to be buried in the Old Jewry provided I can lie in the same vault with my first wife Sarah Ann Rigby and her children and should die within ten miles of London.  I bequeath to my present wife Elizabeth Rigby all my estates debts bonds securities for money of whatever kind and sort whatsoever also plate jewels books household furniture horses and everything belonging to me of every sort to have and to hold free and uninterruptedly during her natural life and after her decease then I bequeath all the fortune she may possess under this Will to any children.  He devised all property his wife Elizabeth Rigby died possesed of as follows one third part each to son in law Isaac Dupuy and his heirs for ever and to daughter Sarah Ann Cotton wife of Thomas Cotton of Cornhill in trust for all her children to be invested and divided amongst them as they attain their majorities.  The other third part of property he devised in trust to son in law Isaac Dupuy to invest in securites the proceeds payable to daughter Elizabeth Jane Weatherhead wife of Thomas Turner Weatherhead of Wapping for her sole use and after her decease by her Will to her children.  He gave rings to his sons in law and their wives and to his brother and sister Rigby and to Joseph Isaacs servant £100 and wearing apparel and mourning to all house servants.  By the marriage settlement of daughter Sarah Ann Rigby and Thomas Cotton £350 was payable from the Stoke Newington leasehold estate but now only payable if his wife Elizabeth Rigby was obliged to leave her house at Stoke Newington then the executors may demand payment so she may enjoy the interest for life and after said sum into general stock.

 

I appoint my wife Elizabeth Rigby the executrix.  In witness hereof I have hereunto set my hand and seal 13 December 1800 Stoke Newington Middlesex - George Rigby (Is) witnessed John Broadbridge. Joseph Foster churchwardens. Wm. Higgins.

 

Affidavit dated 4 March 1802.  Appeared personally Thomas Cotton of Cornhill London stock broker and Thomas Street of Brabant Court, Philpot Lane London gentleman and made oath they knew and were well acquainted with George Rigby late of Stoke Newington Middx for several years and until his death which happened the 15th February last and during their acquaintance with him have frequently seen him write and subscribe his name and thereby come to know and be well acquainted with his manner and character of handwriting and subscription and having with care and attention viewed the annexed paper writing purporting to be the last Will and Testament of the deceased beginning . . and ending . . and subscribed Geo. Rigby and also an addition thereto Wm. Higgins x by Geo. Rigby these deponents say they do verily and in their consciences believe the whole sense and contents of said Will and subscription thereto to be all of the proper handwriting and subscription of the deceased and this deponent Thomas Cotton for himself further made oath and saith that he together with Thomas Turner Weatherhead were present at the deceased's house about midnight on the 15 February last within a few hours after his death when said Will was found in the deceased's bureau among other papers of moment and concern and this deponent then remarked the letters x now appearing to be written on x x erasure on the sixth line of the second side of the Will and the last word of the eighth and the whole of the tenth lines of the third and last page hereof were obliterated and the Will was then in all respects in the same plight and condition it now is.  Same day Thomas Cotton and Thomas Street were duly sworn to the truth of this affidavit before me. S. x surrogate. Wm Moore notary public.

 

The Will was proved at London 6 March 1802 before the worshipful John x doctor of laws surrogate of the Right Honourable Sir William Wynne knight also doctor of law master keeper or commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Elizabeth Rigby widow the relict of the deceased and sole executrix named in said Will to whom Administration of all and singular the goods chattels and credits of said deceased was granted having been first sworn duly to administer.

 

Isaac Dupuy - Will dated 13 July 1820 proved 27 January 1830

Summary.  Isaac Dupuy of Welbeck Street in the parish of St Marylebone Middx bequeathed his wife Sophia Dupuy all household furniture goods plate linen china wines liquors horses carriages harnesses farming stock and implements and all watches jewels trinkets ornaments and paraphernalia and all other things about his dwelling house or any other house occupied by him at the time of his decease except money and securities for money for own proper and absolute use and benefit.  He devised his wife the benefit and advantage of any lease of house houses or land therewith in which he may reside or occupy in England at the time of his decease to hold same her executors administrators and assigns for the terms of years to come thereon subject to payment of rent and performances of covenants reserved and contained therein.  He bequeathed his wife Sophia Dupuy and Robert Allen of St Jamess Street Westminster esq all messuages farms lands tenements hereditaments situate and being in the Island of St Christopher in the West Indies.  The mill and mill house curing houses and all other houses implements and instruments of husbandry and planting and all crops growing or stored and all stock goods chattels effects of every sort and all estate and interest therein to hold same unto his wife and Robert Allen their heirs executors administrators or assigns upon the several trusts and for the intents and purposes subject to the powers provisos expressed and declared.  Upon trust his wife to receive from the rents profits and produce of his estate an annuity of £1000 of lawful money of Great Britain during her natural life if she so long continues his widow but if he should die without issue his wife to receive instead a £1500 annuity.  If she should remarry to receive instead a £500 annuity for own sole separate use not subject or liable to the debts engagements control or intermeddling of any husband.  His wife and Robert Allen to be seized of the residue of estate in trust for every child he may have divided equally share and share alike at 21 years or sooner for daughters on marriage and applied during their minorities for their maintenance and education.  If he should have no child or children surviving their majorities his wife to receive £3000 to dispose as she shall direct or bequeath.. 

 

He bequeathed his cousin Peter Dupuy Abbot of Powis Place, Queen Square Middx a £200 annuity during his life and after his decease his daughter Jane Abbott to receive a £100 annuity.  Dependent on the said various provisos conditions and provisions he gave the annual income from one third of estate after payment of annuities then existing to Jane Akers Byam now residing at Brussels in the Kingdom of the Netherlands during her life for own separate use not subject to the control or intermeddling of her present or any future husband.  After her decease subject to payment of such said annuities all such residue of estate in trust to the children of Jane Akers Byam divided equally share and share alike.  He bequeathed his coachman William Barber the sum of £100.

 

I do hereby nominate and appoint my wife Sophia Dupuy and Robert Allen executrix and executor of this my Will.  In witness whereof I the said Isaac Dupuy have to this my last Will and Testament consisting of nine sheets of paper to the first eight sheets whereof set my hand and to this last sheet my hand and seal 13 July 1820 - Isaac Dupuy (ls) signed sealed published and declared by the testator as his last Will and Testament in the presence of us who in his presence at his request in the presence of each other have subscribed our names as witnesses the words and Robert Allen being first interlined on page seven.  J. Ward, Bedford Square.  Jas. Knox.  J. Barstow.

  

This will was proved at London 27 January 1830 before the worshipful William Calverley Curters Doctor of Laws and Surrogate by the oath of Sophia Dupuy widow the relict one of the executors to whom administration was granted having been first sworn duly to adminster power reserved of making like grant to Robert Allen esq the other executor when he shall apply for the same.

 

The daughter of George Rigby by his first marriage to Sarah Ann Dicey

: 

Sarah Ann Rigby

Sarah Ann Rigby married in 1795 Thomas Cotton and had sons Henry and Thomas Dicey Cotton and daughters Rosetta and Marianne Cotton.  Gentlemans Magazine 25 July 1795. At St Michaels Church Cornhill, Mr Cotton to Miss Rigby daughter of Mr R. of Stoke Newington, Middx.  The Genealogist.  At Cornhill only daughter and heir of George Rigby of Stoke Newington by his first wife Sarah Ann daughter of Cluer Dicey esq.

 

Rev Henry Rigby in his Will named Thomas Cotton as the husband of my niece Sarah Anne daughter of my late brother George Rigby. 

Thomas Cotton in his Will given below appointed his wife Sarah Ann Cotton sole executrix and guardian of his children. 

 

Thomas Cotton - Will dated 20 November 1818 proved 13 January 1826.

Summary.  Thomas Cotton of the Stock Exchange London and of Enfield in the county of Middlesex gentleman bequeathed his dear wife all real estate freehold and copyhold and all personal estate and effects of every nature and kind to and for her absolute use and benefit.  He appointed his wife Sarah Ann Cotton the sole executrix and guardian of such of his children as shall be under age at the time of his decease.

 

In witness whereof I the said Thomas Cotton the testator have to this my last Will and Testament set my hand and seal this twentieth day of  November 1818 - Thos. Cotton (ls) signed sealed published and declared by said Thomas Cotton the testator in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses thereto John Whishaw of Grays Inn.  Robert Marsh.  Henry Whishaw his clerks.  The Will was proved at London 13 January 1826 before the worshipful John Danbury Dr of Laws and Surr. by the oath of Sarah Ann Cotton widow the relict the sole executrix to whom Admon was granted being first sworn duly to administer.

 

Sarah Ann Cotton died in 1843 and in her Will given below appointed two executors her son Henry Cotton and son in law Rev Alfred Williams.   Obituary 16 April 1843. Sarah Ann aged 72 relict of Thomas Cotton of Chase Lodge, Enfield Middx.  

 

Sarah Ann Cotton - Will dated 11 August 1840 proved 29 April 1843.

Summary.  Sarah Ann Cotton late of Leytonstone in the county of Essex but now of Guildford Street in the parish of Saint Pancras in the county of Middlesex the widow of Thomas Cotton formerly of Cornhill in the city of London stockbroker deceased requested her body be interred in the church of Saint Michael Cornhill as near as possible to her late dear husband.  By the marriage settlement of 24 July 1795 made between her late husband Thomas Cotton of the first part, herself by description of Sarah Ann Rigby of Stoke Newington spinster of the second part and her late father George Rigby and Isaac Dupuey both of Stoke Newington of the third part, the Stoke Newington copyhold messuage and premises were settled for the benefit of herself, Thomas Cotton and any children of the marriage.  She now devised her son Henry Cotton and son in law Rev Alfred Williams in trust debentures £3000 Upper Canada £5% reimbursable London 1855 the proceeds payable to her daughter Marianne Cotton until her marriage or decease and after one moiety each to daughters Marianne Cotton and Rosetta Lambert wife of Rev Alfred Williams.  She appointed her son Henry Cotton and Rev Alfred Williams the executors and daughter Marianne Cotton was left the residue of all personal estate. The trustees empowered to sell the debentures or otherwise in stocks or securities to invest or vary same and chargeable only for such monies as they actually receive only answerable for themselves and acts and not for any banker broker or others into whose hands any part of her personal estate may be deposited nor for any other misfortune loss or damage except as happens by their gross wilful defaults and they may retain and reimburse themselves of all costs charges damages expenses they may sustain expend or disburse regarding her personal estate or application thereof.

 

In witness whereof I the said Sarah Ann Cotton the testatrix have to this my last Will contained in this and two preceeding sheets of paper set my hand this 11th day of August 1840 - S. A Cotton signed and declared by the testatrix as her last Will and Testament in the presence of us present at the same time who in her presence and in the presence of each other have attested the same and hereunto subscribe our names as witnesses  H. Whishaw of Grays Inn.  William Noad clerk to Messrs Whishaw of Grays Inn.  The Will was proved at London 29 April 1843 before the worshipful Augustus Frederick Bayford doctor of laws and surrogate by the oaths of Henry Cotton esquire the son and the Reverend Alfred Williams clerk the executors to whom Administration was granted having been first sworn duly to administer.

 

Thomas Dicey Cotton died in 1835 and in his Will given below appointed his wife Elizabeth Maria Cotton the sole executrix bequeathed all his real and personal estate.  Obituary 7 October 1835. Thomas Dicey Cotton of Curwen Woods aged 38 eldest son of the late Thomas Cotton of Chase Lodge, Enfield, one surviving child William Charles Cotton. 

Elizabeth Maria Cotton died 13 September 1851 aged 49.   William Charles Cotton died 20 June 1860 aged 28.

 

Thomas Dicey Cotton - Will dated 4 October 1821 proved 8 March 1836.

Summary.  Thomas Dicey Cotton of Winchmore Hill in the county of Middlesex esquire being of sound and disposing mind memory and understanding made this his last Will and Testament.  He devised and bequeathed all his real and personal estate whatsoever and wheresoever in possession reversion remainder or expectancy unto his dear wife Elizabeth Maria Cotton her heirs executors administrators and assigns for her and their own absolute use and benefit and he appointed her the sole executrix. 

In witness whereof I have hereunto have set my hand and seal this fourth day of October 1821 - Thos. D. Cotton (seal) signed sealed published and declared by said Thomas Dicey Cotton the testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses thereto John Whishaw. C. J. Whishaw.  J. Whishaw of Grays Inn.  The Will was proved at London 8 March 1836 before the judge by the oath of Elizabeth Maria Cotton widow the relict the sole executrix to whom Admon was granted being first sworn by Commission duly to administer.

 

Tipping Rigby

Tipping Rigby married 3 September 1771 Maria Serjeant at St Olaves Church, Old Jewry London;  Rev Henry Rigby in his Will named her as Mary Anne the widow of my late brother Tipping Rigby. 

 

Kents Directory 1794 for the Cities of London & Westminster and Borough of Southwark, Merchants.

Tipping Rigby of 15 Ludgate Street.   George Rigby of City Chambers, 121 Bishopsgate Within.

 

Obituary Tipping Rigby draper of Ludgate Street died 7 February 1803.

Gentlemans Magazine Obituary February 1803.  After a very short illness in consequence of a violent cold which he caught by officially attending the sessions at the Old Bailey, aged 56 or 57 years, Tipping Rigby esq Alderman of Castle Baynard Ward.  He was the youngest of the five sons of a respectable clergyman of Buckingham descended from an ancient family in Northamptonshire where they were settled more than 200 years.  Few men have passed through life with a fairer or more amiable character and so great was the confidence reposed in him by his fellow citizens that they chose him one of their representatives in the Common Council for 26 years successively.  In this situation he conducted himself with so much prudence and moderation that notwithstanding the political turbulence of the times, he was so fortunate as to give satisfaction to all parties.  On the death of the late Mitford Young in 1802 he was appointed Deputy of his Ward. The resignation of Sir William Herne very soon after afforded his friends another opportunity of shewing how much they were attached to him. By their active and zealous exertions he was elected alderman almost without opposition, three hands only of the numerous voters assembled on the day of election were held up in favour of his opponent, though that opponent was a man of very large fortune and of the greatest respectability.  But these last civic honours so handsomely conferred upon him were but of short duration, he scarcely enjoying them six months.  He married Miss Serjeant a West India lady who brought him a handsome fortune and by her who survives him, he has left three sons and two daughters.

 

Tipping Thomas Rigby 

Tipping Thomas Rigby son of Tipping Rigby was a barrister of the Inner Temple admitted 11 June 1806 s.Tipping Rigby of the City of London. born 1774. solicitor London 1796-1810. barrister Inner Temple 20 November 1812. resided Yateley Lodge, Winchfield Hampshire. Recorder of Wallingford Berkshire 1822 till death.

 

He married Ann Eliza Cousins daughter of John Cousins. The Athenaeum 1808 At Lambeth Tipping Thomas Rigby of the Inner Temple to Miss Ann Eliza Cousins second daughter of John Cousins Esq of South Lambeth. 

Gentlemans Magazine Obituary 24 January 1862. Aged 87 Tipping Thomas Rigby of Yately Lodge, recorder of Wallingford Berkshire.

 

Rigby v Andrews 1822.  Plaintiff. Tipping Thomas Rigby.  Defendants Thomas Cotton and wife, Fanny Rigby, George Arrowsmith, James Maxwell and wife, John George Rigby, George Andrews Rigby and Thomas Andrews and wife. 

Thomas Andrews of Ludgate Street, London linen draper and by codicil Thomas Cotton of Enfield Middx were appointed executors by Rev Henry Rigby whose beneficiaries included Fanny Rigby, Mary Ann Rigby widow and her children, Sarah Ann Cotton and George Arrowsmith.  

 

United Services Magazine 17 April 1830.  Major G. A. Rigby of the Honorable East India Companys Service to Emily Ann daughter of Mr T. Andrews of Soho Square, London.  Asiactic Journal 18 March 1834. The Rev W. G. Moore rector of West Barkwith and vicar of Stixwold in the county of Lincoln to Emily Ann only daughter of T. Andrews esq of of Upper Homerton and widow of Major G. A. Rigby late of the Hon. East India Companys Service.

 

George Andrews Rigby - Will dated 21 April 1830 proved 29 June 1832.

Summary. George Andrews Rigby a major in the 10th Regiment of the Bombay Native Infantry now residing at Richmond Surrey appointed his dear wife Emily Ann Rigby sole executrix and bequeathed her all monies securities personal estate and effects whatsoever wheresoever for own absolute use and benefit.  In witness whereof I have hereunto set my hand and seal 21 April 1830 - George Andrews Rigby (ls) signed sealed published and declared as for his last Will and Testament in the presence of us John Stone, Southampton Street, Bloomsbury. John Davenport his clerk.  The Will was proved at London 29 June 1832 before the worshipful John Danbury Doctor of Laws and Surrogate by the oath of Emily Ann Rigby widow the relict the sole executrix to whom Admon was granted being first sworn duly to administer.

 

The children of Tipping Thomas Rigby:

Tipping Champion Rigby.  Obituary 21 July 1850. At Peshawer son of T. T. Rigby of Yately Lodge, Hants.

 

Caroline Rigby married William John Murton son of Colonel Henry John Murton.  Gentlemans Magazine 29 May 1843.  At St Marylebone, William John Murton second son of Colonel  Murton late Royal Marines to Caroline eldest daughter of Tipping T. Rigby of Yately Lodge.  Obituary 17 October 1869. At Great Yarmouth, William John Murton late of the Admiralty son of the late Colonel Murton R.M.

 

Christopher Palmer Rigby

Christopher Palmer Rigby noted diplomatist and army officer married in 1867 Matilda Prater and had children Gerard Christopher Rigby, Percy George Rigby and  Lillian M. Rigby.   Gentlemans Magazine 27 June 1867. At All Souls Church, Langham Place, Colonel Christopher Palmer Rigby to Matilda eldest daughter of Charles Prater esq of Stanley Terrace, Kensington. 

 

Census 2 April 1871 Bevois Hill House, Portswood Road. South Stoneham, Hampshire.

Christopher Gerard Rigby Collins head 68 late Army Captain  b.Isle of Wight.

Annette Rigby Collins wife 48  b.North Wales

Elizabeth Hanchett visitor widow 66  b.Modbury Devon.

Martha Portman servant 54  b.Southampton

Emily Bolwell servant 22 b.Salisbury

Christopher Palmer Rigby visitor 51 Major General retired  b.Yately

Matilda Rigby visitor 36

Gerard Christopher Rigby 2  b.Torquay Devon

Catherine Webb nurse 38  b.London

Francis G. Tembo visitor 21  b.East Africa

 

Census 3 April 1881 14 Mansfield Street, Portland Place, St Marylebone Middx.

Christopher Palmer Rigby head 61 Major General Indian Staff Corps retired list

Matilda Rigby wife 46 

Lillian M Rigby dau scholar 5 b.Middx

Harriet Leaman nurse 27 b.Torquay Devon

Emma Toovey cook 42 b.Bristol

Eliza Conning housemaid 56 b.West Love Cornwall

Alice Leaman parlourmaid 21 b.Plymouth 

 

Obituary 14 April 1885.  The death of Major General Christopher Palmer Rigby in his sixty fifth year at his residence at 14  Portland Place, London after a few days illness will be deeply felt by a wide circle of private friends and officers in the Navy, Army and Diplomatic Services.

 

Edwin Budd Rigby

Edwin Budd Rigby attended Lincoln College listed in Alumni Oxienienses ls.Tipping Thomas Rigby of St Annes London arm. Lincoln Coll. Oxford matric 20 October 1827 aged 17.  A student of the Inner Temple admitted 14 December 1827.  He attended Eton School in 1826 and is noted in the Annals of Eton College of our Lady of Eton Beside Windsor summary. Fights between Collegers usually took place in Chamber at night after permission obtained from the Captain.  The Oppidans fighting ground was the corner of Lower Club under the stone in good calx where London coaches coming from Slough would stop to let passengers see the fights.  Notable contests were between Lord Hillsborough later Marquis of Downshire and Edwin Budd Rigby, J.C.G. Savile later Lord Mexborough and Thomas Pellew Hoseason later an Indian Cavalry Officer, Thomas Saunders a Colleger and John Henry Pringle later in the Scots Fusilliers.

 

Edwin Budd Rigby married Emma Rebecca Pinnock daughter of Thomas Pinnock and Rebecca Cartwright.  Gentlemans Magazine 12 August 1799.  At Chelsea, T. Pinnock esq to Miss Cartwright eldest daughter of the late Edward Cartwright esq of Hampstead.  

 

Rigby v Pinnock.  Rolls Court London Wednesday 27 July 1842.

The Times 28 July 1842 summary.  Messrs Cooper and Hallett moved that the plaintiff Edwin Budd Rigby should give security for costs the motion opposed by Messrs Pemberton and Parker. The description of Edwin Budd Rigby given in his bill was of Yately Lodge near Southampton where upon inquiry he had only once been since the filing of the bill and that was on a Sunday and he was abroad.  In opposition it was said the suits were on the validity of an appointment of £46,000 Consols made by Mrs Pinnock.  The first suit was in this branch of the court, the second before Vice Chancellor Knight Bruce and the object was to change jurisdiction. Costs would be received out of the funds in court.  The question was whether the plaintiff was to receive between £7,000 and £8,000 or upwards of £20,000 depending if the appointment was deemed valid or invalid.  There was a petition not yet heard to transfer the funds from the cause of Selby v Pinnock.

Lord Langdale: The result of the motion must depend upon the order made upon the petition.  If it should appear there had been a false description on the bill and evasive conduct by the plaintiff who had been misdescribed, it might be a case for requiring security.  The court was satisfied with a deposit of money as there were funds quite sufficient to constitute the security and it would be frivolous to order it.  The facts upon the petition have to be decided therefore the motion must stand over.

 

Rigby v Rigby.  Rolls Court London Saturday 30 July 1842.

The Times Monday I August 1842 summary.  The petition of Edwin Budd Rigby and Emma Rebecca his wife in the second suit praying the various stocks and monies in the name of the Accountant General in the first cause of Selby v Pinnock and in ex parte the St Katharine Dock Company be transferred to the cause of Rigby v Rigby.  On Wednesday last Lord Langdale directed that the motion that Edwin Budd Rigby should give security for costs, as he had not properly described himself, was to stand over until the present petition was heard.

Summary.  By the marriage settlement of August 1799 between Thomas Pinnock and Rebecca Cartwright her property under the Will of her father Charles Cartwright of freeholds leaseholds monies in funds etc was settled in trust to her for life and after her decease to her husband then to all or one or more of the children of the marriage.  Thomas Pinnock died in 1837 leaving seven children.  His widow executed a deed dated 12 February 1841 giving her irrevocable appointment of all her property under her settlement and appointed all her freehold estates to her three sons equally.  The consols and 3½% reduced stock in the Court of Chancery Selby v Pinnock and all her other settlement property she appointed to her eldest daughter Emma Rigby married to Edwin Budd Rigby.  Mrs Pinnock in her Will dated 15 February 1841 apppointed the consols and reduced stock to her daughter Emma in the same terms.  Mrs Pinnock died 14 March last and Edwin Budd Rigby and his wife filed their bill on 18 May last against Tipping Thomas Rigby trustee of the settlement and also against the other children of Mr and Mrs Pinnock praying for the establishment of Mrs Pinnock's appointment.  The suit Rigby v Rigby was marked in the Rolls Court.  The defendants the other children filed on 25 June last their cross bill to set aside the appointment and Mr Pinnocks Will.  It was marked for the other division of the court before the Lord Chancellor and a motion made before Vice Chancellor Knight Bruce. The contest now was in which suit the validity of the appointment was to be determined and the settled property administered. 

Messrs Pemberton and Parker for the petitioners Mr and Mrs Rigby:  The validity of the appointment was contested by the other children and also that her Will was not valid in the Ecclesiastical Court.  The present bill was for distribution according to Mrs Pinnocks appointment.  The parents were dead and the present suit Rigby v Rigby instituted under the settlement and appointment of the funds the subject of the creditor's suit Selby v Pinnock.  There were now six children.  Messrs Cooper and Hallett for the other children:  The last order in Selby v Pinnock 1838 directed payments to the six annuitants during the life of Mrs Pinnock.  The bill in the Rolls Court was filed but was unable to deal with the disputed matters.  The bill filed in the other branch of the court alleged the appointments by the deed and the Will were parts of the same transaction and a fraud upon the power and also raised the question of being procured by undue influence.  The property of about £46,000 must be dealt with by a Court of Equity and also by the Ecclesiastical Court as to whether the instrument was testamentary under the Will Act.  Tipping Thomas Rigby the trustee gave preference to Vice Chancellor Knight Bruce's court.

Lord Langdale:  It was not because the parties who filed the second bill had thought it necessary to state circumstances not stated in the first bill that the plaintiffs in the first bill were in default.  Neither did it follow the court had a right to judge between two suits said to be for the same matter which was the best way of stating the question.  The parties having a perfect right to judge for themselves in what way they would present their own case and he had no right to dictate the way of stating it.  No difficulty would have occurred if the plaintiffs in the second cause had marked their bill in this branch of the court.  It had always been said the two causes on the same subject should be brought together  then no difficulty in transferring funds into both.  There was sufficient security in court for the costs of Edwin Budd Rigby's suit.  The motion for him to give security must be refused but without costs as a sufficient description of his residence had not been given in the bill he had filed.  The present petition must stand over pending production of a transcript from the Accountant General's books.

 

The Times Wednesday 25 July 1877. Two Notices issued Pursuant to an Act of Parliament intituled An Act to further amend the Law of Property and to relieve Trustees.

Emma Madelina Rigby deceased.  Notice is hereby given that all Creditors and other persons having any debts claims or demands upon or against the estate of Emma Madelina Rigby late of College Street, Putney Surrey spinster who died 22 June 1865 and to whose estate and effects letters of administration were granted by the Principal Registry of the Probate Division of Her Majesty's High Court of Justice to Edward Cartwright Pinnock Rigby the 6 July 1877, are hereby required to send in the particulars of their claims to us the undersigned solicitors to said Administrator on or before the 1 September next, after which date said Administrator will proceed to distribute the assets of Emma Madelina Rigby deceased amongst the parties entitled thereto having regard only to the claims of which he shall then have had notice and he will not be liable for the assets or any part thereof so distributed to any person of whose debt or claim he shall not have had notice. And all persons indebted to said estate are requested forthwith to pay the amount of their debts to us the undersigned. 17 July 1877. 

Hyde Tandy & Mahon, 33 Ely Place, Hoborn London E.C. solicitors to the said Administrator.

 

Edwin Budd Rigby deceased.  Notice is hereby given that all creditors and other persons having any debts claims or demands upon or against the estate of Edwin Budd Rigby late of No. 5 Combermere Road, Brixton Surrey gentleman who died 15 July 1875 and to whose estate and effects letters of administration with the Will annexed were granted 26 June 1877 by the Principal Registry of the Probate Division of Her Majesty's High Court of Justice to Edward Cartwright Pinnock Rigby, are hereby required to send in the particulars of their claims or demands to us the undersigned solicitors to said Administrator on or before 1 September next after which date said Administrator will proceed to distribute the assets of Edwin Budd Rigby deceased amongst the parties entitled thereto having regard only to the claims of which he shall have had notice and he will not be liable for the assets or any part thereof so distributed to any person of whose debt or claim he shall not have had notice. All persons indebted to said estate are requested forthwith to pay the amount of their debts to us the undersigned. 17 July 1877.  Hyde Tandy & Mahon, 33 Ely Place, Hoborn London E.C. solicitors to the said Administrator.

 

Rigby v Hamilton. Court of Common Pleas, Middlx.  Sittings before Lord Chief Justice Tindal and a Special Jury Monday 3 December 1832.  

The Times 4 December 1832 summary. The plaintiff Mr Edwin Budd Rigby a young gentleman not long returned from Lincoln College Oxford, residing with his father Mr Rigby the barrister at Yately Lodge near Blackwater Hants. The defendant Mr Francis James Hamilton a gentleman residing at Yately Cottage in the same neighbourhood and a widower for a short period before the transaction from which the present action arose.  A small printed placard was posted about the village of Yately and also transmitted by post enclosed in letters to most of the young ladies resident in the neighbourhood and dated 13 April 1831 headed Important to Parents and Guardians and worded Whereas 1, Francis James Hamilton of the parish of Yately Hants, my probation as a widower having expired, am desirous of forming a suitable matrimonial connexion with any lady whose general disposition is answerable to my own that is amiable, benevolent and assiduous in preserving foreign and domestic tranquility.  Any person wishing to enter into the above named alliance will please announce the same to the principal at Yately Cottage near Bagshot Hants.

 

Mr Hamilton very indignant at the liberty taken with his name and his suspicion of the authorship falling on Mr Rigby, with whose family he had not been on friendly terms recently, sent a friend to demand a disavowal or apology.  Mr Rigby on that occasion laid his hand on his heart and solemnly denied all knowledge directly or indirectly of the publication. Some time after Mr Hamilton became very strongly impressed with the belief that Mr Rigby together with his mother and sister was the author of the anonymous publication.  After fruitless endeavours to obtain an apology Mr Hamilton published an advertisement in the Reading Mercury dated 27 June 1831.  It was headed Edwin Budd Rigby late of Lincoln College Oxford and stated that notwithstanding the positive and solemn denial of Edwin Budd Rigby, the son of Thomas Tipping Rigby of Yateley and Paper Buildings Temple, that he had any knowledge directly or indirectly of the anonymous handbill, Mr Hamilton was now in possession of evidence and that the respectable families insulted by that publication were indebted for it to Mr Rigby whose character and disposition he would have them judge when they found that, after refusing to make any apology to the respectable ladies he had so insulted or to the man whose feeling he had wounded and after laying his hand on his heart and solemnly denying all knowledge, it turned out that he Mr Rigby together with two members of his family whom he would not name, had been a principal agent. This advertisement constituted the libel complained of by the plaintiff Mr Rigby for which he brought the present action.

 

Mr Coltman for the defendant Mr Hamilton called witnesses in support of the Pleas of Justification.

Eleanor Prescott lived three miles from Hartley Row.  In May 1831 she was staying in Lincoln's Inn Fields when a letter was forwarded to her containing one of the anonymous placards.  Her father Mr Prescott away from home had found on his return a letter addressed to his daughter which he opened, read and sent her.  Mr Rush living at Eversleigh received a similar placard addressed to his niece.  Miss Giblett also on a Sunday morning.  Robert Taylor pulled down one of the placards posted up at Yately and gave it to Edward Crooke who passed it to Mr Hamilton.  Sarah Milam was in the service of Mr Rigby: Saw Mr Rigby and his mother going out in the chaise returning the evening of 15 April. Went into the dining room that night, saw her mistress stirring something in a silver saucepan on the fire, next morning saw spots of paste on the table.  Asked that night to leave the door leading to the back part of the house open, saw Mr Rigby pass through the kitchen and the man Tyce go out with him.  Next day Mr Rigby and his sister went out in the chaise towards Wokingham, Miss Rigby had on a black veil.  On its return saw the chaise overturn near the house, Mr Rigby, Mrs Bruere and Mrs Rigby thrown out slightly hurt.  Went to where the gig lay saw the seat box, a veil and three letters.  Picked up one letter, Anne Willis the other two. Letters addressed to the young ladies Miss Groves, Miss Cayly and Miss Wagstaff.  Opened the letter and saw the anonymous placard, held the other two to the light, saw something printed of similar description, opened the one to Miss Groves resealed it, kept the letter addressed to Miss Cayly and gave Mr Rigby the other two.  Mr Rigby came into the pantry seemed much confused, said the secret was out.  He asked if she knew anything of the placards, she said it had been talked about.  He broke open one letter, asked her to read it saying it was he and his mother had got that done yesterday for what Mr Hamilton had said to his father at the dinner.  He asked if she had found any more, said it would be a bad job if anybody else had seen them, had she told anyone.  He asked if the other servants knew about them, said they had seen the placards.  He did not think the cook would say anything being so long in the family.  Same day gave warning she would leave the service, Mr Rigby wished her very much to stay.  Next day he said not to say anything about the placards, that she would have her new gown if she remained in service.  Left l May 1831 and a day or two later made a communication to Mr Hamilton in the presence of her father and mother. 

Cross-examined: On 22 June she entered the service of Mr Mascall the defendant's father-in-law and since has lived with Mr Hamiltons brother.  Went before a magistrate told of the paste marks on the table but not the letter she kept back, knew she was sworn to her statement.  Did not apply for a character, Mr Mascall had hired her without any character, never heard of a five guinea reward offered by Mr Hamilton.  Ann Willis lives with her father a labouring man at Derby Green: Saw the chaise overturn and picked up two letters and gave them to Sarah Milam; saw Sarah Milam pick up a letter.  Cross-examined:  A friend of Sarah Milam, was not married but has a baby.  Sarah Ratcliff a labouring girl daughter of a tailor: Saw the gig overturn and the Misses Milam and Willis pick up the letters addressed to the three young ladies.  A coachman and general servant in Mr Rigby's service the time the placards were stuck up:  Was in the kitchen the Friday night when Mr Rigby passed through and told Tyce to come this way, both went up to the loft in the stable.  When Tyce went out he had on a smockfrock but on his return from the stable had none, Mr Rigby seemed to have it under his arm.  Cross examined:  Discharged from Mr Rigby's service.

 

Mrs Bruere a rather well-looking lady but whose style of dress and manner were very peculiar:  Lived with her husband in April 183 at Yately. 

A placard was given her husband Saturday morning and she took it to Mrs Rigby who borrowed a veil for her daughter Miss Rigby to go out in the four wheeled chaise.  Mrs Bruere and Mrs Rigby took a walk in the afternoon, met the chaise returning about a mile from Mr Rigby's house and got into it.  Mrs Rigby insisted she take the veil, wear it up off her face and look up at the window when passing Mr Hamilton's house.  Mrs Rigby said not to mention the placard as she and her son were the authors.  Mr Rigby denied the assertion but later out walking said he and his mother were the authors.  Later Mrs Rigby took her to a summerhouse, pointed to some fresh earth and said she was afraid Mr Hamilton would search the house and so had buried the remaining placards.  Mrs Rigby took a rake and scraping away the earth turned up a small red work basket containing the placards.  Mrs Bruere took them home, later given up by her husband to Mr Hamilton.

Cross-examined:  Left the neighbourhood over a year ago having resided there upwards of a twelve month.  Knew none of the neighbours, first met Mrs Rigby about Christmas time.  Had been very ill during her husband's absence, Mrs Rigby behaved with great kindness, sat up five nights with her.  Had always lived with her husband except when he was abroad or at College.  The last week or two she had been living in Farringdon Street, for three months previously Bond Street, her husband abroad.  When living at Farringdon Street her husband lived at a place called Seldom Seen; laughter meaning Fleet prison.  Had been in the Fleet about a month, had been in the Bench, changed to the Fleet.  Could not say if her husband had been in any other Seldom Seen before then, did not interfere with her husband's affairs nor he with hers. Could not say where they had been living before he was taken to the Bench. In Cambridgeshire, Northamptonshire, Derbyshire and thirty other counties she could not remember, had been travelling about.  In how many of these counties her husband had visited was there a Seldom Seen?  No answer.  Married seven years, did not know what counsel meant by how many names had she passed under while living in Bond Street and Regent Street. Only been called Mrs Bruere or Mrs William, that was Mrs William Bruere, never Mrs Williams. Her husband arrested at the Blue Boar in Holborn, cannot say when not taking notice of those things.  Had stayed at the Blue Boar and at every other hotel in London.  Denied saying Mr Rigby had nothing to do with the placard, would take her affidavit of it that moment. Denied saying Mr Rigby was an injured young man or that she would be a dead woman in a month if she did not come forward to give the statement she made to Mr Hamilton.  Might have said something as Mr Rigby threatened she would not be alive in six months if she came forward against him.   Denied being so pained at what she had been obliged to do that when signing the statement had to drink brandy and water to keep from fainting.  You deny the brandy and water?  I do but don't deny sherry and water. Do you deny you said it affected you so much you were obliged to have twelve leeches to your head. I do, my head is not so easily affected by sherry and water as all that; laughter in which she joined.  Denied saying her husband had thrown black bottles at her because she refused to come forward against Mr Rigby. Denied telling Mr Hyde or showing the bruises caused by her husband, had no quarrels with him.  Had seen Mr Hyde within last four months, might have said she and her husband had spoken but nothing about this, would not tell a lie to save his neck.  Denied in Mrs Cotterells presence using the expressions and statements mentioned by learned counsel.  Mrs Bruere complained of being unwell from being detained so long in the witness box and was allowed to retire.

 

William Sadler Bruere husband of the last witness and at present a prisoner in the Fleet prison:  In April 1831 he saw Mrs Bruere being thrown out of Mr Rigby's chaise at which he felt annoyed.  Saw it from his garden and papers like the placards fall out of Mr Rigbys hat, told him the placards believed to have originated with his family.  Mr Rigby laughed, said it was a good joke but denied it.  Later received a letter from Mr Rigby who afterwards confessed to him, in his brother's presence and then at his father's house, of being the author of the placard and that his father would not be annoyed.  Cross-examined:  told Mr Rigby to apologize to the ladies or come forward and bring evidence to clear himself. Did not recall if said before or after the confession, never advised him to apologize to Mr Hamilton.  Quarrelled with Mr Rigby when he dared Mrs Bruere to come forward with her information. Denied sending a challenge to Mr Rigby through his coachman, if required it would be through a gentleman not a coachman. Did not send a direct challenge only that he would meet him, the coachman took it as a message without authority. Mr Hamilton called at Mrs Rigby's saying had an order from Mr Rigby to search the house.  Mr Bruere said it could not be as he had received a letter from Mr Rigby the day before.  Mr Hamilton replied if he said he had no order, he was a liar.  Mr Bruere had been arrested twice before the present occasion, Mr Rigby had been of some service to him.  Had no quarrel with Mrs Bruere coming forward, she was reluctant but he insisted.  Thomas Clayton a compositor in Mr Snare's printing office in Reading:  Knew nothing of the handbills, did not know any of Mr Rigby's family except by name.  Assisted in printing or rather composing a placard from a manuscript like the one produced, received the manuscript from young Snare.  A young man held his frame while he was working, John Snare told him afterwards it was Edwin Rigby.  Produced a proof of the placard on which he had written E.R's proof, meaning Edwin Rigby's.   It is twelve miles from Yately to Reading and 8 o'clock at night, could not identify the young man he saw on that occasion.  John Snare the younger and Robert Snare were called on their subpoena but did not answer.  Captain Micklethwaite: Called on Mr Rigby requesting he apologize or deny all knowledge of the placards.  Said if he had not been concerned in it, he could not object to lay his hand on his heart and say so, he did place his hand on his heart and denied all knowledge. Prior to the placards being published, Mr Rigby looking at a portrait of Mr Hamilton observed that there would be a bit of fun.

 

The case for the defendant Mr Hamilton having closed the Counsel for the plaintiff Mr Edwin Budd Rigby called the following witnesses Mrs Rigby, Mr Rigby and Miss Caroline Rigby the plantiffs mother, brother and sister, Anne Cotterell, Mr Hyde and Mr Henry Hyde all of whom contradicted the Brueres.  Mrs Rigby and her daughter denied most positively all knowledge of the placard, that any paste had been made as stated by Miss Milam or that any letters had been put into the post office at Harley Row on the day in question except two private letters put in by Miss Caroline.  Mr Rigby contradicted much of Mr Bruere's statement alleged to have taken place in his presence.  Mrs Cotterell affirmed Mrs Bruere had made all the statements she denied today.  Mr Hyde swore Mrs Bruere said her husband had quarrelled and ill used her because she declined to make the statement he required her to make and was consequently covered with bruises.

 

Learned counsel on both sides having addressed the jury and the Lord Chief Justice was proceeding to sum up the evidence the jury intimated their minds were satisfied.  His Lordship observed to them although they might be disposed to disbelieve the evidence on the part of the defendant Francis James Hamilton, still they ought not to visit him with intemperate damages, because undoubtedly the information he had received was quite sufficient to warrant him in fixing his suspicions on the plaintiff Edwin Budd Rigby, although afterwards it turned out he had been deceived.  The jury turned round in the box for a few moments and then returned a verdict for the plaintiff Mr Edwin Budd Rigby of £50 damages. The trial lasted thirteen hours and excited considerable interest.

 

The Rigby Collins Family

Christopher Rigby Collins was born in 1772 son of Christopher Rigby of the Royal Navy who died in 1795 having devised his wife Sarah Rigby his estate in trust for his son Christopher Rigby who became known as Christopher Rigby Collins when the Collins surname was added in August 1810. 

 

Musgraves Obituary 4 January 1795.  Christopher Rigby navy captain.

St Nicholas Church, Bathampton Somerset Burial Register and Inscription. Sarah Rigby relict of Captain Christopher Rigby RN died aged 70 at Walcot Bath 7 November buried 13 November 1818.  

 

Christopher Rigby Collins

Christopher Rigby baptized 4 November 1772 at Monks Risborough Bucks attended university listed in Alumni Oxonienses s.Christopher Rigby of  Monks Risborough, Bucks gent. Wadham Coll. matric 14 April 1790 aged 17. A.B 1794. A.M 1797.  In June 1795 he was ordained deacon at Fulham London appointed curate of Hockley Essex patron his uncle Rev Henry Rigby vicar of Hockley; in November 1796 he was ordained priest at Sarum Wiltshire appointed curate of St Martins Church Salisbury stipend of £42 plus surplice fees.

 

The Times Thursday 3 December 1795. Parish of St James Westminster. On Sunday next the 6th inst two Sermons will be preached for the Benefit of the Charity Girls belonging to said Parish at King Street Chapel, King Street near Golden Square. In the Morning by Rev Christopher Rigby A.B student of Wadham College Oxford and in the Afternoon by Rev William Gilbank A.M the Reader and Afternoon Preacher at the Chapel. Prayers begin in the Morning at eleven and in the Afternoon at half past three.

 

Trewmans Exeter Flying Post or Plymouth & Cornish Advertiser.  On Thursday 5 May 1803 Rev Christopher Rigby clerk M.A was instituted to the rectory of Ringmore in Devon on the Presentation of  Sarah Rigby of the city of New Sarum widow, void by the death of the Rev Thomas Baker D.D.   Rectors of Ringmore Church:  Thomas Baker 1759.  Christopher Rigby 1803.  Stephen George Ram 1812.

 

Trewmans Exeter Flying Post 27 August 1807.  At Modbury. To be Sold by Auction by Mr T. Coyte on Thursday 24 September 1807 and the two following days:  All the neat and genteel household furniture china and glass etc the property of the Rev Mr Rigby quitting his residence at Modbury, comprising handsome carved mahogany four post and other bedsteads with prime bedding and elegant furniture with hair and straw mattresses, large Wilton and other floor and bed carpets, curtains with deep and rich drapery and fringe, chests of drawers; several sets of chairs in mahogany, fancy painted and black japan, handsome side-board, large mahogany improved dining, card and tea tables, night tables and wash stands, pier and swing glasses, neat green fenders and fire-irons, dinner and tea services of china, Worcester and Wedgwood ware, excellent eight day clock and case, a variety of firearms, a capital double-barrel and two single fowling pieces with the modern improvements by Nock Twigg and Templeman, a small collection of exotics and geraniums and a large brazier together with all kitchen furniture and a variety of other articles.  Catalogues price 6d each allowed to purchasers may be had at the Kings Arms Plymouth, the Seven Stars Totnes, Kings Arms Kingsbridge, the Inn at Yealmpton, the Exeter Inn and the Auctioneers house at Modbury. The furniture may be viewed each morning of the sale and the Auction will begin punctually at twelve oclock each day.

 

Trewmans Exeter Flying Post.  On Wednesday 24 February 1808 a Dispensation has passed the Great Seal enabling Rev Christopher Rigby MA domestic chaplain to the Earl of Limerick to hold the rectory of Ringmore together with the vicarages of Ipplepen and Woodland.  Gentlemans Magazine 1808. Rev Christopher Rigby M.A to hold Ringmore R. Devon with Ipplepen and Woodland V.V in the same County.

 

Christopher Rigby married 28 January 1799 Eliza Collins daughter of William Collins at St Thomas Church, Salisbury Wiltshire. 

Monthly Magazine. At Salisbury Rev C. Rigby MA to Miss Collins daughter of William Collins esq.

 

William Collins died 4 August 1810 and in his Will bequeathed his share of estate late of his half brother Benjamin Charles Collins to the Rev Christopher Rigby in trust for the benefit of his children by his wife Eliza.   Rev Henry Rigby left his nephew Rev Christopher Rigby not a large legacy as he and his children had been amply provided for by the late Mr William Collins.

 

History and Antiquities of Dorset: In a vault beneath with the remains of his beloved mother Edith Collins, sole heiress of a branch of the ancient Good family, being resident in this neighbourhood, are deposited those of William Collins esq of the city of Salisbury who departed this life August 4th, 1810 in the sixty-sixth year of his age.  This tablet, as a tribute of gratitude and respect for his memory, was erected by his affectionate daughter Eliza, wife of the Rev Christopher Rigby Collins A.M. 

 

Christopher Rigby added the Collins surname by Royal Licence dated 29 August 1810 and became known as Christopher Rigby Collins : The King has been graciously pleased to give and grant unto the Rev Christopher Rigby clerk, Master of Arts the rector of Ringmore and vicar of Ipplepen both in the county of Devon, his Royal Licence and Authority, that he and his issue, by Elizabeth his wife, may out of grateful respect to the memory of William Collins late of the city of Salisbury esq deceased, take the surname of Collins, in addition to and after that of Rigby. 

 

Salisbury Journal September 1812. Rev C. R Collins has paid into the hands of the Treasurer of the Salisbury Infirmary the sum of fifty pounds a bequest to that charity by the late William Collins Esq.

 

Salisbury Journal January 1820.  Rev Christopher Rigby Collins has sent to the Treasurer of the Fuel Charity in this city a liberal donation of five guineas. Such an addition to the funds of the charity is particuarly seasonable at the present moment from the rigor of the weather and the death of several late subscribers.

 

Keenes Bath Directory 1824.  Rev Rigby Collins of No. 9 The Crescent. 

 

In 1825 Rev Christopher Rigby Collins was officiating minister of the marriage of his son Christopher Gerard Rigby Collins to Annabella Mary Gardiner.  The marriage settlement was agreed to by Rev Christopher Rigby Collins of the Crescent Bath, Rev John Gardiner of Bath, Christopher Gerard Rigby Collins of Bath son of Rev Christopher Rigby Collins and Annabella Mary Gardiner of Bath spinster daughter of Rev John Gardiner; the trustees William Collins Colton of Middle Hill, Box Wilts and William Gardiner of Exeter College Oxford.

 

Gentlemans Magazine Obituary 9 August 1827.  At Sidmouth, Elizabeth wife of the Rev C. Rigby Collins of Bath. 

Trewmans Exeter Flying Post. On Thursday at Sidmouth after a long and severe illness Eliza wife of Rev C. R Collins MA formerly rector of Ringmore and vicar of Ipplepen and Woodland in Devon. 

 

Christopher Rigby Collins died in 1837 and in his Will given below appointed two executors Christopher Gerard Rigby Collins and George Gregory Gardiner witnessed by Philip Henry Watts.  He bequeathed his daughter Edith Ahmuty wife of William Somerville Ahmuty a silver Tea Urn inscribed To The Memory of Joseph Franklin Esquire of Haddenham Bucks.  Salisbury Journal Obituary Monday 27 December 1813. Lately at Bath of a violent attack of the gout in head and stomach in the 38th year of his age, J. Franklin Esq of Haddenham in the county of Bucks. His large property evolves to very distant relations.

 

Bath Journal 13 February 1837 Obituary. At his residence in this City, much regretted after a short but severe illness, Rev Rigby Collins. 

 

St Nicholas Church, Bathampton Somerset Burial Register and Inscriptions:  Rev Christopher Rigby Collins died aged 65 at Bath 10 February buried 21 February 1837;  his son Henry Rigby Collins died 26 June 1820 aged 6 years.

 

Bath Journal 22 March 1837. Rev Christopher Rigby Collins deceased.  All persons having any undelivered claim or demand on the estate of Rev Christopher Rigby Collins, formerly of Salisbury in the County of Wilts afterwards of Sidmouth in the County of Devon but late of the City of Bath Somerset, are requested to send particulars of their respective demands to me in order that the same may be examined and discharged.  Philip Henry Watts solicitor. 20 Queen Square, Bath. 

 

Bath Journal Monday 24 April 1837. Important Sale.Valuable property for investment in noble Freehold Dwelling Houses in the Royal Crescent and Russell Street, shares in the Upper Assembly Rooms, All Saints Chapel and Theatre Royal, Bath and valuable Policy of Assurance. To be sold by auction by Mr Stafford & Son (By order of the Devisees and Executors of the Rev C. Rigby Collins deceased) at their rooms in Milsom Street on Monday 1st of May at eleven for twelve oclock precisely in separate lots.  The very capital Freehold Mansion No. 9 Royal Crescent with coach house and stabling thereto belonging, now in the occupation of Admiral Sir William Hargood GCB as tenant on lease at the annual rent of £190 and subject to a yearly ground rent of £13.  Also that very desirable Freehold Family Residence being No. 2 Russell Street subject to a ground rent of £15 per annum and in the occupation of a highly respectable tenant on lease at the yearly rent of £150. Six shares in the Upper Assembly Rooms held for the remainder of a term of 1000 years of which upwards 920 are unexpired. Four shares in a Tontine Annuity of £600 issuing out of the Theatre Royal, Bath. Three shares in All Saints Chapel, Bath. And a valuable Policy Insurance for £600 effected in the Royal Exchange Office, London on the 19th July 1802 on the life of a gentleman now aged about 70 years subject to an annual premium of £17.18s.6d.  Further particulars may be known on Application at the offices of Mr Philip Henry Watts solicitor 20 Queen Square or Messrs Stafford in Milsom Street.

 

Christopher Rigby Collins - Will dated 27 July 1834 proved 13 March 1837.

Summary.  This is the last Will and Testament of me the Revd Christopher Rigby Collins formerly of the city of New Sarum in the county of Wilts and late of the Royal Crescent, Bath but now residing at Sidmouth in the county of Devon, Master of Arts.  By the marriage of my son Christopher Gerard Rigby Collins with Annabella Mary Gardiner I became bound unto the trustees (William Collins Colton and William Gardiner) of their settlement by a £12000 bond in penalty of £24000 conditioned for payment to them by my heirs executors administrators within six calendar months after my decease.  I do hereby charge all my freehold estates with payment of said sum and subject thereto devise all my said freehold estates unto and to the use of my son Christopher Gerard Rigby Collins his heirs and assigns.  I also bequeath my son my leasehold messuages and premises at Sidmouth and direct the £1000 bond advanced by me to him shall be given up to him to be cancelled.  He bequeathed his daughter Edith Ahmuty wife of William Somerville Ahmuty a silver tea urn bearing inscription To the Memory of Joseph Franklin Esq of Haddenham Bucks.  John Lakeman butler £100 and Thomas Perry groom £50 and to each of the female servants in his service three years and still in service a full years wages in addition to any wages due. 

 

He devised Christopher Gerard Rigby Collins and Rev George Gregory Gardiner of the city of Bath clerk their heirs executors administrators assigns the rest and residue of estate and effects whatsoever wheresoever subject to payment of just debts funeral and testamentary expenses.  In trust to convert into money all parts of residuary estates not consisting of money or securities to invest same in the names of the trustees in Parliamentary stocks or funds of Great Britain and in real or long leasehold securities in England and to stand possessed of such ultimate residue of estate and funds.  To pay the interest dividends annual proceeds of three fourth parts thereof equally between his three daughters Elizabeth wife of Robert  Langworthy, Mary Beata wife of William Webster and Edith wife of William Somerville Ahmuty during their lives for own sole and separate use independent of their present or future husband free from their debts control forfeitures or engagements.  Of the remaining one fourth part to pay one moiety or equal half part of proceeds thereof to his daughter Sarah wife of Rev John Walter Phelps during her life for own sole and separate use and after her decease said proceeds payable to son in law John Walter Phelps during his life time.  The trustees to hold said one fourth part and proceeds thereof for the children of his daughter Sarah by her present husband for their maintenance and education. Should there were no issue the one fourth part accumulations to be held in trust for his son Christopher Gerard Rigby Collins and daughters Elizabeth Langworthy, Mary Beata Webster and Edith Ahmuty their respective executors administrators assigns.

 

I appoint my son Christopher Gerard Rigby Collins and George Gregory Gardiner joint executors in trust of this my Will and declare their receipts for all monies payable to them shall be good discharge to persons paying such receipts. If the trustees appointed or to be appointed or any of them shall happen to die or be desirous of being discharged from or refuse or decline or become incapable to act in the trusts herebv in them reposed before the same shall be fully executed in such case it shall be lawful for the surviving or continuing trustee or executors or administrators of the last surviving trustee to nominate substitute and appoint any other person or persons to be a trustee or trustees in the stead of the trustee or trustees so dying or desiring to be discharged or refusing or becoming incapable to act as aforesaid and that thereupon also the said trust estate monies and premises shall with all convenient speed be converted assigned and transferred in such manner so that the same shall be legally vested in the person or persons so to be appointed as aforesaid either solely or jointly with the surviving or continuing trustee or trustees as occasion shall require and further declared said trustees or either of them their or either of their heirs executors or administrators shall not be charged or chargeable with or accountable for any more of the said trust monies and premises they shall respectively actually receive or shall come to their respective hands by virtue of this Will.

 

In witness whereof I the said Christopher Rigby Collins have to this my last Will and Testament contained on seven sheets of paper to the first six sheets set my hand and to this seventh and last sheet my hand and seal 27 July 1834 - C.Rigby Collins (ls) signed sealed published and declared by said Christopher Rigby Collins as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto Philip Henry Watts of Bath solicitor.  Geo.x Clephane his clerk.

 

The Will was proved at London 13 March 1837 before the Judge by the oaths of Christopher Gerard Rigby Collins esq the son and the Revd George Gregory Gardiner clerk the executors to whom admon was granted having been first sworn by Commons to administer.

 

By three Indentures a share of property on the New Canal at Salisbury once of Benjamin Charles Collins and late of William Collins was sold by Rev Christopher Rigby Collins, his son Christopher Gerard Rigby Collins, daughters and sons in law Elizabeth wife of Robert  Langworthy, Mary wife of William Webster, Sarah wife of John Walter Phelps and Edith wife of William Somerville Ahmuty to William Bird Brodie.son of Peter Bellinger Brodie.

 

Indenture dated 9 May 1832 summary.  Made between Rev Christopher Rigby Collins of Sidmouth Devon, Christopher Gerard Rigby Collins of Sidmouth Devon, Robert Austen Langworthy of Bath Somerset, William Webster of 17 Bedford Place, Russell Square Middx a Lieutenant in the Royal Navy, Rev John Phelps of Rennes in the Kingdom of France and William Somerville Ahmuty of Cookstown in the Kingdom of Ireland of the one part and William Bird Brodie of New Sarum Wilts of the other part. That for and in consideration of five shillings apiece of good and lawful money of Great Britain to each of them in hand well and truly paid by said William Bird Brodie at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged.  The said parties have sold to William Bird Brodie one undivided fifth part the whole unto five equal parts being considered as divided between them of all that messuage or tenement and ground and soil whereon the same stands and the garden with appurtenances within the city of New Sarum lately called the Ditch but now the New Canal divided and bounded between lands formerly of Robert Baynes on the west part, lands of the Bishop of Sarum on the east part and the land formerly of Lord Staunton on the south part and the street or highway lately called the Ditch but now the New Canal on the north part.  All of which were formerly in the occupation of Benjamin Charles Collins, afterward of William Bird Brodie, John Dowding and John Luxford and since of William Bird Brodie and John Dowding, and now of William Bird Brodie and Charles George Brodie together with one undivided fifth part or share of and in all houses shops counting houses warehouses outhouses edifices buildings stables yards gardens ways paths passages easements water courses liberties privileges profits commodities advantages hereditaments and appurtenances.  Subject to the powers and declarations expressed and declared and concerning same by an Indenture of Release already prepared and intended to bear date the day next after the day of the date of these presents and made between Rev Christopher Rigby Collins of the first part, Christopher Gerard Rigby Collins of the second part, Robert Austen Langworthy and Elizabeth his wife of the third part, William Webster and Mary Beata his wife of the fourth part, John Walker Phelps and Sarah his wife of the fifth part, William Somerville Ahmuty and Edith his wife of the sixth part, William Bird Brodie of the seventh part and Charles George Brodie of the eighth part.  In witness whereof said parties to these presents have set their hands and seals the day and year first above written.

 

Indenture dated 10 May 1832 summary.  Rev Christopher Rigby Collins of the first part, Christopher Gerard Rigby Collins of the second part, Robert  Langworthy and Elizabeth his wife of the third part, William Webster and Mary Beata his wife of the fourth part, Rev John Walter Phelps and Sarah his wife of the fifth part, William Somerville Ahmuty and Edith his wife of the sixth part, William Bird Brodie of the seventh part and Charles George Brodie of New Sarum a trustee for purposes hereafter mentioned of the eighth part.  Whereas Benjamin Charles Collins at the execution of his Will entitled to said estates and to a fifth part or share that is now intended to be released did sign and publish his last Will dated 19 August 1796 and devised all his estate and effects real and personal to Mary Collins, Sir George Staunton, Peter Bellinger Brodie, Barfoot Colton and William Collins their heirs executors equally share and share alike as tenants in common.  Benjamin Charles Collins by codicil dated 7 November 1796 revoked his bequest to Peter Bellinger Brodie but did not make any devise of the share. The Will and codicils were duly proved in the Prerogative Court of Canterbury by Townley Ward one of the executors. Sir George Staunton and Barfoot Colton both died in the lifetime of Benjamin Charles Collins and their shares descended to Dame Jane Staunton widow, Sarah Brodie and Charlotte Bacon the three sisters and co-heirs of Benjamin Charles Collins and said real estates passed to Mary Collins and William Collins respectively as tenants in common.  Whereas William Collins having one fifth part of property made and published his Will dated 12 July 1810 and thereby bequeathed Christopher Rigby Collins described as the husband of his daughter Eliza all his estate in trust for the children of the said marriage. William Collins departed this life in August 1810 and his daughter Eliza in August 1827. Christopher Rigby Collins by his wife Eliza had six children Christopher Gerard Rigby Collins, Elizabeth Langworthy, Mary Beata Webster, Sarah Phelps, Edith Ahmuty and Henry Collins who died under 21 years without issue.  The said parties have agreed the sale to William Bird Brodie for £360.  Forfeiture or otherwise to the use of Charles George Brodie during the life of William Bird Brodie.  All that one undivided fith part or share the whole unto five equal parts . . . hereby released. 

 

Indenture dated 30 October 1832 summary.  Final Agreement made in the Court of the King at Westminster before Nicolas Conyngham Tindal, James Allan Park, Stephen Caselee, John Bernard Bosanquet, Edward Hall Alderson, Justices of our King and others then and there present:  Between William Bird Brodie and Christopher Gerard Rigby Collins, Robert Austen Langworthy and Elizabeth his wife, William Webster and Mary Beata his wife, John Walter Phelps and Sarah his wife, and William Somerville Ahmuty and Edith his wife of one undivided fifth part of messuage with appurtenances in the city of New Sarum.  Whereupon a Plea of Covenant was summoned between them in the same Court that they acknowledged the said one fifth part with appurtenances to be the right of William Bird Brodie and they each remised and quit-claimed to him and his heirs for ever. And for this acknowledgment remise quit claim warranties and agreement William Bird Brodie hath given to the aforesaid the sum of sixty pounds sterling.

 

Rigby Collins v Clarke.  Court of Chancery Bill of Complaint inscribed 11 November 1831.

Complainant Christopher Rigby Collins.  Defendant  Richard Clarke the younger.

Summary.  To the Right Honourable Henry Baron Brougham and Vaux of Brougham in the county of Westmoreland and Lord High Chancellor of Great Britain:  Humbly complaining sheweth unto your Lordship your orator the Reverend Christopher Rigby Collins of Sidmouth in the county of Devon and of the city of Bath clerk that by certain Indentures of Lease and Release appointment on mortgage dated 4th and 5th March 1831 the release appointment and mortgage being duly and legally made and executed by and between Richard Clarke the younger of Henton in the parish of Wookey Somerset gentleman of the one part and your orator of the other part.  Reciting that by Indentures of Lease and Release dated 25th and 26th May 1830 the release made between Thomas Clarke of the first part, Richard Clarke the elder of the second part, John Whitelocke of the third part, Richard Clarke the younger of the fourth part and William Truman Harford Phelps of the fifth part for the consideration therein mentioned the messuages or dwelling houses lands and hereditaments with appurtenances were with other hereditaments released and conveyed  Subject to the provisoes and agreements the defendant by any deed or instrument in writing legally executed should direct a limitation to the use of William Truman Harford Phelps his executors during the life of the defendant in trust with remainder to the defendant and his assigns for life. 

 

Further reciting the defendant having occasion for the sum of £3000 had requested your orator to lend him said sum which he had agreed to do on having the repayment thereof with interest secured as therein and hereinafter mentioned.  It was by said Indenture of 5th March 1831 that in consideration of £3000 sterling money to the defendant in hand then paid by your orator the receipt whereof is acknowledged the defendant pursuant to the execution of authority given him by the Indenture of Release did legally executed absolutely and irrevocably direct and also grant bargain sell and release unto your orator (in his actual possession by virtue of a bargain and sale to him in consideration of five shilling for the term of one year from the day next before the day of the date of said bargain and sale and by force of the statute made for transferring uses into possession) and to his heirs said messuage or tenement at Henton near the river with outbuildings garden and premises belonging late in the occupation of Thomas Barnes and others but then of the defendant  And also the newly erected messuage or dwelling house situate near said messuage with gardens outbuildings and premises containing together one acre more or less  And the orchard and three closes of arable ground adjoining said orchard of two acres and close of pasture land called Bath's Ground otherwise Bees Ground lying near said closes of four acres  Also close of meadow or pasture ground called or known as Over or Upper Allotment of nine acres formerly two closes Nos. 121 and 122 on the plan annexed to the Award of the Commissioners appointed by an act of Parliament for enclosing waste lands in Wookey  And close of pasture ground called Lower Allotment of six acres No. 120 and a close called Averys adjoining of one acre No. 119  And close piece or parcel of meadow or pasture ground known as Little Moor Allotment of three acres and two roods No.1.  And the paddock or orchard called Innie of one acre and close of pasture land called Ballthorne of six acres all which said messuages lands premises were situate in the parish of Wookey  And two closes pieces or parcels of pasture land called Vailshedges of twelve acres situate at Godney in the parish of Meare in county Somerset  All of which were then in possession of the defendant or his tenants with all houses outhouses edifices buildings ways paths passsages waters watercourses hedges ditches fences trees woods underwoods the ground and soil thereof common of pasture  And all other rights liberties casements privileges advantages emoluments rights members and appurtenances whatsoever to said several hereditaments and premises thereby granted and reversions remainders rents issues and profits and all estate right tithe interest use trust property benefit claim whatsoever at law or in equity of him the defendant Richard Clarke the younger 

 

To have and to hold said hereditaments and premises with rights members and appurtenances unto your orator his heirs and assigns subject to a proviso or condition therein contained for redemption of said promises upon payment of the defendant his heirs executors unto your orator for £3000 with interest thereon at five pounds per centum per annum and to which for greater certainty your orator craves leave to refer when produced to this Honorable Court will at large appear  And your orator further sheweth unto your Lordship said £3000 was in fact lent to the defendant upon execution of the mortgage and that he signed a receipt thereon  And your orator further sheweth said £3000 or any part thereof was not paid to your orator or any other person for his use or on his account according to the proviso whereby the estate and interest of your orator in and to said mortgaged premises became absolute at law  And your orator further sheweth said £3000 with an arrear of interest for same is still due and owing to your orator upon the security of said mortgaged premises and which are a very scanty security for same  And your orator well hoped the defendant would have paid your orator said £3000 and interest due or want have suffered your orator to have peaceably and quietly held and enjoyed said mortgaged premises  And for that purpose your orator hath frequently by himself and his agents applied to the defendant and requested him to pay as aforesaid or else quietly and peaceably deliver up possession to your orator said mortgaged premises together with all deeds evidences and writings relating to or concerning same and to release all his right title and equity of redemption in said  premises to your orator 

 

But now so it is may it please your Lordship that the defendant Richard Clarke the younger combining and confederating with divers other persons to your orator at present unknown but whose names when discovered your orator prays he may be at liberty to insert therein with apt and proper words and matter to charge them as parties defendants hereto and contriving how to wrong and injure your orator in the premises  The defendant absolutely refuses to comply with your orators said requests some times pretending that he never executed any such deed or indenture of mortgage and will at other times admit but then pretends he has paid off and satisfied said £3000 together with the interest or some part thereof  Whereas your orator charges the contrary to be true and said £3000 with interest still remains justly due and owing  The defendant will at other times admit but then pretends there are some other mortgages or encumbrances affecting said premises but particulars thereof he refuses to discover  Whereas your orator charges if there are any other mortgages or encumbrances besides your orators the defendant ought to state the particulars and when and to whom and by whom and for what sum of money or other consideration the same were respectively made and in whom the same are respectively now vested all which actings pretences and refusals are contrary to equity and good conscience and tend to the manifest wrong and injury of your orator in the premises

 

In consideration whereof and for as much as your orator is remediless in the premises at Common Law and cannot obtain any adequate relief therein without the aid of a Court of Equity where matters of this nature are properly cognizable and relievable  To the end therefore the defendant Richard Clarke the younger and the rest of the confederates when discovered may upon their several and respective corporal oaths according to the best and utmost of their respective knowledge remembrance information and belief full true and perfect answer make to all and singular the several matters aforesaid as fully as if same were here repeated and he and they severally and respectively interrogated thereto  That an account may be decreed to be taken of said £3000 and interest due and said defendant be decreed to pay your orator what shall appear due and to grow due on the taking of such account together with your orators costs by a short day to be appointed by this Honorable Court  And that in default thereof the defendant and all persons claiming under him may be absolutely barred and foreclosed of and from all equity of redemption or claim to said mortgaged premises and deliver up to your orator all deeds evidences and writings relating to or concerning the mortgaged premises and that your orator may have such further and other relief in the premises as to your Lordship shall seem meet as the case shall require.  May it please your Lordship the premises considered to grant unto your orator His Majestys most gracious Writ and Writs of Subpoena issuing out of and under the seal of the Honorable Court to be directed to the said defendant Richard Clarke the younger and his confederates when discovered thereby commanding him and them at a certain day to be named and under a certain penalty to be specified personally to be and appear in this Honorable Court and then full true and perfect answer make to all and singular the matters aforesaid and further to perform such direction or decree as to your Lordship shall seem meet as the nature and circumstances of this case shall or may require   And your orator shall ever pray etc.   Robt. Wray.

 

The children of Rev Christopher Rigby Collins and Eliza Collins:

 

Christopher Gerard Rigby Collins

Christopher Gerard Rigby Collins was born 30 July 1802 baptized 9 February 1803 at Yarmouth, Isle of Wight and attended university listed  in Alumni Oxonienses 1s- C. cleric. Wadham College matric 30 April 1819.  He served with the 16th Light Dragoons noted in the British War Office Army Lists for The Queens Regiment of Lancers - Talavera Fuentes dOnor Salamanca Vittoria Nive: appointed Cornet 12 December 1822. Lieutenant 22 June 1826. Captain 29 August 1826 when placed on half pay.

 

He married firstly 7 April 1825 Annabella Mary Gardiner daughter of Rev John Gardiner and Mary Spiers Piercy.  St Michaels Church, Bath Somerset Marriage Entry No. 568. Christopher Gerard Rigby Collins of the Parish of Walcot in this City bachelor and Annabella Mary Gardiner of this Parish spinster were married in this Church by Licence this Seventh Day of April in the year One Thousand Eight Hundred and Twenty Five. By me Christopher Rigby Collins officiating minister. In the Presence of Margaret Balfour. Ann Tennant. Charlotte Gladstone.

 

Christopher Gerard Rigby Collins and Annabella Mary Gardiner.  Marriage Settlement.

Summary.  By Indenture dated 6 April 1825 terms of settlement were agreed to by Rev Christopher Rigby Collins of the Royal Crescent in the city of Bath of the first part, Rev John Gardiner of Bath of the second part, Christopher Gerard Rigby Collins of Bath son of Rev Christopher Rigby Collins of the third part, Annabella Mary Gardiner of Bath spinster daughter of Rev John Gardiner of the fourth part, Rev William Collins Colton of Middle Hill, Box Wilts and William Gardiner of Exeter College Oxford trustees of the fifth part.  

It was agreed on execution of the now abstracting indenture of settlement that John Gardiner shall pay Christopher Rigby Collins £2000 for own use and that a £4000 bond in penal sum of £8000 be payable to Christopher Rigby Collins within six months after the decease of John Gardiner.  Christopher Rigby Collins to secure a £570 annuity for Christopher Gerard Rigby Collins and Annabella Gardiner and that a £12000 bond in penal sum of £24000 shall be payable to the trustees William Collins Colton and William Gardiner within six months after the decease of Christopher Rigby Collins.  If there were no lawful issue of the marriage the directions and agreements so declared shall cease and be utterly void as fully and effectually as if same had never existed and said indenture had not been made and executed.  In such event the trustees to stand possessed of said £12000 and on £11000 thereof pay the interest to Christopher Gerard Rigby Collins for own use and disposal but subject at all times to the life interest of Annabella Mary Gardiner with the remaining £1000 held in trust for the benefit of John Gardiner.  It was agreed between all parties particularly by and on the respective parts and behalves of Chistopher Rigby Collins and John Gardiner that if Annabella Mary Gardiner departed this life without leaving lawful issue that John Gardiner were deceased and that Christopher Rigby Collins had received said £4000 this sum to be refunded and in default the trustees to deduct and retain same from said £11000.  Should John Gardiner not be deceased the said £4000 to be delivered up for cancellation and John Gardiner released and discharged.  Executed by all parties and duly attested.

 

Annabella Mary Rigby Collins of 10 Paragon Buildings, Bath died 8 April 1838 aged 35 buried 14 April at St Michaels Church Bath.  Gentlemans Magazine Obituary. At the house of her father, Rev Dr John Gardiner of Bath, Annabella wife of Captain C. G. Rigby Collins. 

 

Christopher Gerard Rigby Collins married secondly 22 February 1840 Annette Lethbridge daughter of Sir John Hesketh Lethbridge.  Gentlemans Magazine. At Harrold Beds C.G.R Collins Esq of Sidmouth late of the 16th Dragoons to Annette third daughter of J. H. Lethbridge and grandaughter of Sir T. B. Lethbridge Bart.  Chistopher G. Rigby Collins of Helena House Sidmouth and of Heavitree Devon to Annette daughter of John Hesketh Lethbridge and granddaughter of Sir Thomas Buckler Lethbridge of Sandhill Park, Somerset.

Burkes Peerage. Annette Lethbridge married Christopher G. Rigbye (sic) Collins of Helena House, Sidmouth sometime Captain 16th Lancers. 

 

In 1838 a Bill of Complaint was brought by the complainants infants under 21 years Elizabeth Frances Ahmuty and Christopher Rigby Ahmuty by Christopher Gerard Rigby Collins of Sidmouth Devon their next friend.  Defendants William Somerville Ahmuty, Edith Ahmuty and Charles Henry Moore. 

 

Census 6 June 1841 Montague House, Trinity Road. St Helier Jersey.

William Ahmuty 30 independent.  Edith Ahmuty 25  b.England

Elizabeth Ahmuty 9  b.Ireland.  Christopher Ahmuty 7  b.Ireland

 

Census 6 June 1841 The Gaol, St Helier Jersey.  C. G. Rigby Collins 35 debtor.  

 

Houlditch v Collins (Christopher Gerard Rigby Collins).  Court of Chancery Michaelmas Term 1842.

Summary.  A creditor obtained judgment in the Court of Exchequer and afterwards took proceedings against the debtor in Jersey and caused him to be arrested there on mesne process.  Summary.  The Bill stated the plantiffs in 1840 obtained judgment against one of the defendants Christopher Gerard Rigby Collins in the Court of the Exchequer for £4931 and at that time two other of the defendants were seized of certain freehold hereditaments in trust for Mr Rigby Collins. The plaintiffs were entitled to the same remedies against these hereditaments as to be considered mortgagees and monies due to them be raised and paid or that Mr Collins might be foreclosed. Two of the defendants put in a Plea that in May 1840 the plaintiffs John Houlditch and James Houlditch caused the arrest of Mr Rigby Collins then in Jersey for another debt and that while Mr Rigby Collins was confined in prison at St Helier, the plaintiffs via Thomas Le Breton administrator of their goods caused another writ an ordre provisoire to be issued in Jersey by Mr L. L Bisson bailiff against Mr Rigby Collins for £4931.  On 9 September 1840 Mr Philip Le Gallais deputy viscount the proper officer at the prison seized and put in prison Mr Rigby Collins to compel payment of £4931.14s.10d London exchange the amount given by the Exchequer of Pleas at Westminster London in favour of Messrs Houlditch against Mr Collins on 27 July 1840.  It was alleged Mr Collins was still confined in prison in Jersey in respect of the judgment debt.

Mr G. Turner and Mr Piggott in support of the Plea. The intention of the act was to give a creditor remedy either against the person or property of his debtor but not against both, seeing the injustice of keeping a party in prison for non payment when the creditor by seizing the debtors property took from him the very means of raising the amount.  Mr Pemberton and Mr Rolt contra: The act does not apply to lands in Jersey which would not be bound by an English judgment and it does not appear the defendant has been taken in execution on it.  Mr Turner: It is not alleged the defendant has any lands in Jersey on which judgment there is to operate, and if there were the judgment here is by the act to be charged on All Lands &c.  Master of the Rolls: The question is have the plaintiffs caused the person of the defendant to be taken or charged in execution upon such judgement.  If they have the charge is released if not the act does not apply. The plea plainly indicates not a taking in execution on the judgment but a proceeding to recover by a new action the amount ascertained to be due by the judgment here.  It seems to be on mesne process (profits lost to the owner of land by his having been wrongfully dispossessed of his land).  It is therefore not a case under the 16th clause and withdrawal of a defendant from this jurisdiction might render it necessary for a plantiff to avail himself of the proceedings in a foreign court.

 

Harrisons Analytical Digest of the Common Law Reports. Houlditch v Collins. A creditor having obtained a judgment which he duly registered under the provisions of 1 & 2 Vict c.110 afterwards caused the debtor to be arrested under bailable process in the island of Jersey on account of the judgment debt.  Held this was not such an arrest as would deprive the creditor of the securities over the debtors property to which he was entitled under the act.

 

Census 8 April 1861 Pall Mall. St James Westminster.  C. G. Rigby Collins lodger 57 late Captain 59th Regiment.

 

Census 2 April 1871 Bevois Hill House, Portswood Road, South Stoneham Hampshire.

Christopher Gerard .Rigby Collins head 68  late Captain in the Army  b.Yarmouth Isle of Wight

Annette Rigby Collins wife 48  b.North Wales

Elizabeth Hanchett visitor widow 66  b. Modbury Devon

Martha Portman servant unm 54  b.Southampton.   Emily Bolwell servant unm 22  b.Salisbury

Christopher Palmer Rigby visitor m 51 retired Major General  b.Yately Hampshire

Matilda Rigby visitor m 36  b.London

Gerard Christopher Rigby visitor 2  b.Torquay Devon

Catherine Webb 38 visitor nurse unm 38  b.London

Francis G. Tembo visitor unm 21 b.East Africa

 

Census 3 April 1881 Bevois Hill House, Portswood Road, South Stoneham Hampshire.

Christopher Gerard Rigby Collins 79 retired military officer  b.Isle of Wight

Annette Rigby Collins wife 59  b. Wales

Eliza Hopgood cook unm 34  b.Wimbourne Dorset 

Eliza Jane Blake parlourmaid unm 19  b.Southampton

 

Obituary 1882 At South Stoneham, Hampshire, Christopher Gerard Rigby Collins aged 79.

 

Elizabeth Rigby Collins

Elizabeth Rigby Collins married John Austen (Austin) Langworthy son of Dr Charles Cunningham Langworthy and Maria Austen.  Gentleman's Magazine 8 August 1798. Charles C. Langworthy esq to Miss Austen daughter of the late Archdeacon of Cork.  Monthly Magazine Gloucestershire. At Clifton Church, Charles C. Langworthy to Miss Austen daughter of the late Archdeacon of Cork. 

 

Census 1841 Walcot Somerset.  Charles Langworthy 60 yrs.  Maria Langworthy 60 yrs. 

 

Biographical Dictionary:  Charles Cunningham Langworthy surgeon at Bath who endeavoured to acquire a little notice by espousing the cause of an American Charlatan in a piece entitled A View of the Perkinian Electricity or an Inquiry into the Influence of Metallic Tractors, founded on a newly discovered principle in Nature and employed as a remedy in many painful inflammatory diseases.

 

A View of Perkinean Electricity by Charles Cunningham Langworthy published 1798 Bath summary: The recent death of a dear and affectionate Brother to attend on whom during his sickness was my first inducement for continuing at Bristol, together with other circumstances which have occurred since the following sheets were printed off, have determined me to fix my residence at Bath.  Having more than once in the subsequent pages mentioned my intention of residing at Bristol, this information becomes necessary to the reader. At Bath I shall devote my time and attention to Metallic Practice and on the same terms as I had proposed when at Bristol.  Mr Perkins having engaged to furnish me regularly with his Tractors, I shall be enabled to supply any applicants who may be disposed to keep them in their families; they also may be had of Mrs Langworthy, Dowry Square, Hotwells Bristol.  The price of them as sold by Mr Perkins in London is Five Guineas per Set.  The place of my residence may be known by enquiring at the Pump Room.  Charles C. Langworthy. Bath September 1798.

 

Gentleman's Magazine January 1819 Devon. Lately at Modbury suddenly in returning from shooting, George Langworthy esq brother to Dr. Langworthy of Bath.  Monthly Magazine 1818. At Modbury deservedly lamented G. Langworthy esq eldest brother of Dr..L of Bath, he had been partridge shooting, and was arrived within a few yards of his house when he dropped down and expired. 

 

Charles C. Langworthy from 1798 lived in Bath noted at 11 Bond Street, 43 New King Street 1805 to 1812 and 15 Kensington Place 1819.

 

Bath Directories. 

1824  Dr Langworthy physician to Kingsdown House, 24 Circus.

1837  Charles Cunningham Langworthy MD, 24 Circus and Kingsdown House, Box Wiltshire.

 

Gentleman's Magazine 28 June 1847. Obituary. At Bath, Dr Charles Cunningham Langworthy one of the oldest practitioners of that City.

Bath Chronicle 1 July 1847. At his house in the Circus after a protracted illness, Dr Charles Cunningham Langworthy highly respected for his estimable qualities and one of the oldest practitioners of this city.

 

Elizabeth Rigby Collins born at Modbury Devon married Robert Austen Langworthy at Portpatrick Scotland 3 April 1824.

 

Salisbury Journal Monday 13 June 1825 summary. On Tuesday last a most grand and elegant entertainment was given by Dr and Mrs Langworthy at their country residence Prospect House near Bath to commemorate the arriving of their lovely and interesting daughter in law Mrs Austin Langworthy. To give a full description of the fete would be impossible, every luxury and comfort that could gratify the eye and tempt the most Epicurean palate were amply provided. The festivities of the day commenced at an early hour with the ringing of bells, discharge of cannon and the enthusiastic sports of the happy and numerous peasantry sufficiently indicated to the guests invited that it was set apart for one continued scene of joy and good humour. At three o'clock about 200 children were plentifully regaled with good old English fare, a fine ox and sheep having been roasted for the occasion and a well selected band throughout the day contributed much to enliven the festive scene. At five o'clock a sumptuous repast consisting of every delicacy of the season was served up in the saloon to a numerous party of friends followed by a succession of hospitalities during the evening. The house was brilliantly illuminated with devices appropriate to the occasion and the lawn tastefully decorated with a profusion of choice shrubs and flowers in the form of triumphal arches &c interspersed with variegated lamps forming a most beautiful and interesting coup d'oeil. Dancing commenced at eight and an elegant supper was served at one o'clock. After partaking of a refreshing dejeune a la fourchette the company separated at five o'clock in the morning highly gratified with the entertainment provided by their worthy host and hostess.

 

Bath Directories. 

1824  A. A (sic) Langworthy esq. member of the Royal College of Surgeons London, 24 Circus.

1837. Robert Austin Langworthy MD, 24 Circus.

 

Census 1841 Bristol Gloucester:  Robert Langworthy 35.  Elizabeth his wife 30 and children Maria 8 and Elizabeth 2 years.

 

Robert Austen Langworthy in 1844 was noted of Longwood House, Ashton Bristol and of 34 Park Street Bristol in Slaters 1846 Directory.  

 

Robert Austen Langworthy died in 1850 and his widow Elizabeth Langworthy married secondly in 1853 Captain M. Hanchett RN.   

Gentleman's Magazine 23 May 1850. Obituary. Wiltshire at Box, R.A.Langworthy esq. MD.

 

The Lancet 1850. Dr. R. A. Langworthy deceased. Kingsdown (Hospital), Box near Bath to be disposed of by private treaty. This highly desirable establishment which has been carried on with great success for upwards of a century and now producing a very handsome income and capable of great extension.  Immediate possession may be had so that purchase may obtain a renewal of licence at the ensuing sessions in July next.  For all particulars apply to Mr Langworthy solicitor Ilminster Somerset or to Mr Crosby solicitor Bristol.

 

Census 2 April 1871 Bevois Hill House, Portswood Road, South Stoneham Hampshire

Christopher Gerard Rigby Collins head 68  late Captain in the Army.  Annette Rigby Collins wife 48.

Elizabeth Hanchett visitor widow 66. born Modbury Devon.

 

Notes and Queries. The Protestant Cemetery of Florence Italy known as the English Cemetery. 

Headstone Inscription:  Sacred to the memory of Elizabeth Collins Hanchett relict of Captain M. Hanchett RN and daughter of the Rev C. Rigbye (sic) Collins of Bath Somerset and of Sidmouth Devon died 23 August 1874 aged 71.

 

Hanchett v Briscoe.1856.  Court of Chancery . 

Summary.  A decree of this Court made 23 February 1838 in cause of Phelps v Barnard in which the plaintiff and her then husband Robert Austen Langworthy were defendants, it was declared the plaintiff then Mrs. Langworthy was absolutely entitled to one fifth part of certain South Sea and East India Stock then standing in the names of two of the defendants in that cause as trustees and the dividends thereof to be held and applied for her absolutely and such one fifth carried to The Account of Defendant Elizabeth Langworthy.

 

A Petition was subsequently presented in the cause by Robert Austen Langworthy and the plaintiff his then wife, Felix Parkinson and William Brisco; and after reciting order of 10 August 1838 for the attendance of the plaintiff before certain commissioners to answer how she was willing and desirous the £1616.3s.2d £3% Bank Annuities, £2087.9s.0d Bank stock, £200 East India stock and £195 South Sea stock standing to Account of Elizabeth Langworthy should be transferred and disposed of, she had declared the several sums of stock should be transferred into the names of F.Parkinson and W.Briscoe upon trust for her said Elizabeth Langworthy absolutely the dividends applied for her separate use for life and after stating the certificate of the commissioners to that effect prayed for the transfer accordingly.  On 24 December 1841 it was ordered this transfer be made and said stocks were shortly afterwards transferred to Parkinson and Briscoe the trustees.  Felix Parkinson did not actively interfere in the management of the trust but William.Briscoe, who was alleged to be the solicitor and confidential professional adviser of the plaintiff's late husband R. A. Langworthy, took upon himself the management of the trust funds.  The trust funds or greater part of them were sold out by the trustees and advanced to Robert Austen Langworthy upon security of some property. This had been done at the written request of the husband and the plaintiff his wife whereby she authorized the trustees to do so on the husband giving an equitable mortgage of the premises therein mentioned.  The plaintiff declared Felix Parhinson and William Briscoe shall not be required to make good any loss or losses that may arise to said trust funds so transferred into their names by reason of such present sale and appropriation or sales and appropriations having been made by reason of said mortgage proving insufficient to realize the sum of £2275.now to be advanced to him and the several sums so advanced him.  Mr. Langworthy died in 1850 and his widow the plaintiff married Mr. Hanchett in 1853.  Felix Parhinson died in 1849 and William Briscoe in January 1855.

 

The plaintiff now alleged she had done so on the understanding the greater portion of same would be properly secured on property belonging to her late husband and particularly of his interest in a house at Bath and elsewhere  It appeared after the death of R.A.Langworthy, the plaintiff or her present husband in her right, had received the rents of this house until 24 June 1855.  (The Jurist 1849 Saturday 2 September. The following Assignees have been appointed, further particulars may be learned at the Office in Portugal Street, Lincoln's Inn Fields on giving the Number of the Case:  Robert A. Langworthy, Bath Somersetshire surgeon No. 37617T.  Daniel Wood new assignee, Thomas Flower deceased).  This property had however been claimed by the Asignee of Mr Langworthy who had taken benefit of the Insolvent Act and it had been sold to pay prior incumbrances thereon. The plaintiff by this bill insisted that Briscoe had committed a breach of trust by selling out the trust funds and advancing same to her late husband and prayed that they might be replaced out of his estate. 

 

Mr.Rowpell and Mr. Stiffe for the Plaintiff:  The object of the declaration of the Court was to protect the wife against the influence of the husband and no assent of hers as a married woman could authorize the trustees to commit a breach of trust. No consideration passed to the wife in the transaction and her exact position was not as it should have been explained to her by the trustee Briscoe nor had she had communicated to her full knowledge of all the circumstances. The contract was not therefore binding upon her and the securities having turned out insufficient Briscoe as solicitor is personally responsible for the deficiency. 

 

Mr. R. Palmer and Mr. Renshaw contra:  It is an entirely erroneous view to divide the plaintiff's interest into a life interest and a reversion; when she survived her husband she could then deal with the property as she chose and this is her second husband's suit. The plaintiff was discovert from May 1850 to May 1853 and made no complaint of the advances made with her own assent to her late husband and also she received the rent of one of the houses upon which the money was advanced and continued to receive it after her second marriage to June 1855. 

 

The Master of the Rolls:  In this case I am of the opinion this married woman disposed of everything she could dispose of namely her life interest but with respect to her reversionary interest subject to her life interest, she had no power to do so.  With respect to the trustees whether they were justified in acting as they did having regard to the orders of the Court, the trustees in my opinion parted with a fund which they were bound to retain and they must therefore replace it.  I am disposed to think, although it is not necessary to express an opinion, that although she had no power to dispose of the fund, she might have asked the Court to put it in strict settlement if she had thought fit.  To use the expression of the Vice Chancellor of England in the well-known case of Bishop v. Colebrooh, if she had come to the Court to ask the Court to settle the fund, she might have had it settled, although she could not dispose of it.  I am therefore of the opinion the trustees must replace the fund.  I think however that must be done without costs as part of the suit has failed and part of it has succeeded.  The better plan is to say it shall be done without costs on either side.  The amount of stock must be replaced by the representatives of the trustees and paid into Court and the dividends be paid to them until further order.

 

Mary Rigby Collins

Mary Beata Rigby Collins married William Webster who in 1829 witnessed the marriage of Edith Rigby Collins and William Somerville Ahmuty and in 1832 he was noted a Lieutenant in the Royal Navy of 17 Bedford Place, Russell Square Middlesex.   

Florence Italy. Obituary. Mary Beata Rigby Collins born Somerset daughter of Christopher died 14 February 1884 aged 74.

 

Sarah Rigby Collins

Sarah Rigby Collins married in 1828 Rev John Walter Phelps born in 1802 son of Rev William Phelps vicar of Meare Somerset. 

Trewmans Exeter Flying Post or Plymouth & Cornish Advertiser 5 July 1828. At Burrington Devon, Rev John Walter Phelps SCL Jesus College Cambridge to Sarah third daughter of Rev C. Rigby Collins MA of Sidmouth Devon.  The happy couple after partaking of an elegant dejeune a la fourchette at the seat of their brother Captain Webster RN then proceeded to Bath, dined with Dr and Mrs Langworthy of Royal Circus and set off in their carriage for the Continent. 

 

Alumni Oxonienses. William Phelps s.John of Flax Bourton, Somerset. Balliol College matric 18 Nov 1793 aged 17. BA St Alban Hall 1797. vicar of Meare and Bicknoller Somerset and rector of Oxcombe Lincoln at his death in 1856. 

Alumni Cantabrigienses. John Walter Phelps adm pens aged 23 Jesus College 24 April 1824. son of Rev William Phelps of Balliol College Oxford 1793. born 13 April 1802 Wells Somerset. school Wells matric Michs 1824.  

 

William Phelps the noted historian married Christian daughter of Truman Harford of Bristol and had two sons William Truman Harford Phelps and John Walter Phelps.  Gentlemans Magazine 26 July 1798. At Bristol Rev William Phelps of Wells Somerset to Miss Christian Harford daughter of Truman Harford esq.  

 

William Truman Harford Phelps was a property investor and speculator and purchased various properties in Wells and Wookey High Street.  In 1831 Christopher Rigby Collins brought an action reciting indentures made between Thomas Clark, Richard Clarke the elder, John Whitelocke, Richard Clarke the younger of Wookey and William Truman Harford Phelps.

 

Edith Rigby Collins

Edith Rigby Collins married 12 March 1829 William Somerville Ahmuty son of Thomas Arthur Staples Ahmuty at St Nicholas Church, Sidmouth Devon. Marriage Register Entry No. 271. William Somerville Ahmuty of this parish and Edith Rigby Collins of this parish were married by Licence with Consent of Parents this Twelfth day of March 1829.  In the Presence of C. Rigby Collins.  William Webster.  Eleanor Walton.  Ellen Alcock. 

 

Trewman's Exeter Flying Post or Plymouth & Cornish Advertiser 19 March 1829.  On Thursday at Sidmouth, William Somerville Ahmuty Esq only child of Colonel Thomas Arthur Staples Ahmuty H.E.I.C Service to Edith youngest daughter of Rev Christopher Rigby Collins MA of the Fort Field. (Sidmouth Devon).  Gentleman's Magazine April 1829.  At Sidmouth, Sommerville Almuty (sic) esq only child of Col. Thos. Athur Staples Almuty EIC to Edith youngest daughter of Rev C. Rigby Collins of the Fortfields.

 

Thomas Arthur Staples Ahmuty in his Will devised his son William Somerville Ahmuty and Edith Ahmuty the interest on £9899.5s.8d but if surviving her husband her part to be null and void unless her father Christopher Rigby Collins had settled on them her share of property bequeathed in trust by her grandfather William Collins.  In 1832 property on the New Canal at Salisbury once of Benjamin Charles Collins and late of William Collins was sold by Rev Christopher Rigby Collins, his son Christopher Gerard Rigby Collins and daughters and sons in law Elizabeth wife of Robert  Langworthy, Mary wife of William Webster, Sarah wife of John Walter Phelps and Edith wife of William Somerville Ahmuty to William Bird Brodie son of Peter Bellinger Brodie.

 

William Somerville Ahmuty died 11 December 1870 buried at Henton, Wookey Somerset where a memorial headstone was raised by his widow Edith Ahmuty.  Wells Journal Thursday 15 December 1870 Obituary.  On the 11th inst. at The Hermitage, Henton Wookey, William Somerville Ahmuty Esq aged 61. 

 

The Times Thursday 3 September 1885. The Legal Representative of the late Mrs Edith Ahmuty, wife of William Somerville Ahmuty, who died Kildare Terrace, Westbourne Grove, Paddington Middx 6th February 1885, is requested to Communicate with H.M's Procurateur, Guernsey in reference to a matter connected with her estate.

 

William Somerville Ahmuty and Edith Rigby Collins had two children Elizabeth Frances Ahmuty and Christopher Rigby Ahmuty.

Census 6 June 1841 Montague House, Trinity Road, St Helier Jersey. 

William Ahmuty 30.  Edith Ahmuty 25.  Elizabeth Ahmuty 9  b.Ireland.  Christopher Ahmuty 7  b.Ireland.

 

Bill of Complaint to the Right Honorable Charles Christopher Baron Cottenham of Cottenham Cambridge Lord High Chancellor:

Humbly complaining your orators infants under 21 years namely Elizabeth Frances Ahmuty of about 8 years and Christopher Rigby Ahmuty of about 6 years by Christopher Gerard Rigby Collins of Sidmouth Devon their next friend.  Defendants William Somerville Ahmuty, Edith Ahmuty and Charles Henry Moore.

 

12 January 1839.  The Answer of William Somerville Ahmuty and Edith Ahmuty.

Summary. These defendants admit Thomas Arthur Staples Ahmuty made and published his last Will dated 22 October 1832 with three codicils and that Frances Ahmuty proved his Will with power reserved to Charles Henry Moore. Frances Ahmuty as executrix held all personal estate and transferred into the names of herself and Charles Henry Moore £9899.5s.8d. 3% of consolidated annuities in the testators name in the books of the Governor and Company of the Bank of England to answer the legacy settled on William Ahmuty, his wife Edith and their children.  Frances Ahmuty departed this life October 1836 and the sole executor having renounced probate William Somerville Ahmuty was granted admon by the proper Ecclesiatical Court and is now the legal personal representative.  Since the death of Frances Ahmuty the other defendant Charles Henry Moore has proved the testators Will and is now the legal representative.  The defendants have had only two children Elizabeth Frances Ahmuty and Christopher Rigby Ahmuty and say William Somerville Ahmuty the father is unable to maintain and educate them according to their station in society and that these defendants are necessary parties to this suit as they have an interest in said annuities and residuary estate. 

 

12 December 1838.  The Answer of Charles Henry Moore sworn at the Public Office, Southampton Bldgs. Middx. 

Summary. This defendant believes Thomas Arthur Staples Ahmuty the testator departed this life not the 5 July 1833 but the 4 July 1833 and left surviving his widow Frances Ahmuty, son William Somerville Ahmuty (in the Will called William Ahmuty) and wife Edith. This defendant willing to act as a trustee but not in the excutorship and Thomas Harvey Baber also an executor and trustee believed to be still resident in the East Indies and therefore Frances Ahmuty alone proved the testators Will in England and Ireland. This defendant (in the Will called Charles Moore) admits Frances Ahmuty transferred £9899.5s.8d into their joint names and paid all legacies save that of Thomas Harvey Baber believed not payable in consequence of his not acting as a trustee. On 20 July last Arbuthnot & Latham of Great Saint Helens, Bishopsgate Street London transferred into his name as trustee £5186.5s.5d comprising £4941.15s 6d from two Bengal Remittable Loan Notes and dividends transmitted from India under power of attorney from Frances Ahmuty. Two Schedules annexed hereto to be taken as part of his Answer set forth according to the best of his knowledge and belief a full true and particular account of all the funds and securities upon which the residue of the testators personal estate and effects were invested and how he has applied and disposed of same.  This defendant has a copy of Frances Ahmutys executorial account and divers others of particulars but the testator's books and papers always remained in her custody and he never had in his possession any books of account letters copies or extracts from letters papers documents entries memorandums writings relating to the testators personal estate. He did not prove the testators Will or act as executor during the lifetime of Frances Ahmuty but since her death and at the request of the Complainants solicitors has proved the Will in the Prerogative Court of the Archbishop of Canterbury being the proper Ecclesiastical Court. As surviving trustee he will act as this Honorable Court shall direct upon being indemnified and receiving his costs charges and expenses in this behalf incurred. This defendant submits to the judgement of this Court whether William Somerville Ahmuty the father of the Complainants is unable to maintain and educate his children according to their station in society and that William Somerville Ahmuty and his wife are necessary parties to this suit as they have an interest in said annuities and  residuary estate.  Without this there is no other matter cause or thing in the Bill of Complaint that has not been hereby well and sufficiently answered and this defendant is ready and willing to aver and prove as this Honorable Court shall direct and humbly prays to be hence dismissed with his reasonable costs and charges about his suit in this behalf most wrongfully sustained.  Charles Henry Moore. George Lake Russell.

 

First Schedule: Part 1. Particulars of funds in which Frances Ahmuty executrix invested the residue of the testators estate into the joint names of herself and Charles Henry Moore and dates of transfers.  Part 2. Particulars of funds at time of the death of Frances Ahmuty and in whose names such funds are now standing.   Part 3. Particulars of money received by Mr Moore since the death of Frances Ahmuty regarding dividends and of his application thereof.  Charles Henry Moore surviving trustee of the late Thomas Arthur Staples Ahmuty on account with the Cestui Que Trust - a beneficial trust.

 

Second Schedule: Documents and papers in possession of Charles Henry Moore.

Copy of deed of trust executed by William Collins 1 August 1810.  Letter from Sir Thomas Staples 14 January 1833.  Two accounts current with James Elliott.  Accounts current Ball & Co, Smith Payne & Smith and Provincial Bank of lreland.  Captain Baker's account re arrears of pay due to Lieutenant Colonel Ahmuty.  Probate of  Lt Col Ahmutys Will granted to Frances Ahmuty 9 Oct 1833.  Copy marriage settlement Thomas Arthur Staples Ahmuty with Miss Frances Staples 2 Dec 1803.  Bond of Robert Smyth of Portlick Westmeath 16 Jan 1824 in penalty of £200 for securing £100 and interest.  Warrant of attorney by Robert Smyth 16 Jan 1824 to confess judgement on bond for £200.  Copy of Frances Ahmutys executorial account of Lt Col. Ahmutys estate and effects.  Bundle of forty one vouchers on executorial account payments.  Eight bank receipts of transfers made by Frances Ahmuty to trustees.  Copy receipt Bengal Remittable Loan Note 31,700 Sicca Rupees deposited by Lt Col Ahmuty with Accountant General of Fort St George 31 Dec 1822 and ditto 6,000 Sicca Rupees 18 Jan 1823.  Duplicate power of attorney 4 August 1835 from Frances Ahmuty to Arbuthnot & Co re Bengal Notes.  Duplicate letter of instruction 8 August 1835 from Frances Ahmuty to Arbuthnot & Company.  Bundle of papers and letters re Bengal Notes and payment Arbuthnot and Frasers account transmitted from India and letters of Arbuthnot & Latham re investment of proceeds.   Five bank receipts re investment proceeds of Bengal Notes in £3% Consols and dividends thereon.  Four bank receipts re investment of dividends on trust funds by Mr Moore since death of Frances Ahmuty.  Two Cases with Mr George Lake Russell's opinion thereon.  Double probate of Thomas Arthur Staples Ahmutys Will granted Charles Henry Moore 31 July 1838.  General Trust Account kept by Mr Moore from commencement of trust to present time.



Ahmuty Connections : Part 1.
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