Part of the
Acorn Archive
Hearts of Oak
CAPTAIN
STEPHEN HUTCHENS
of PAUL, nr Penzance, Cornwall
Captain
Stephen Hutchens – 1709 Last Will & Testament
Together with
subsequent correspondence following the death of Stephen Hutchens,
which
continued in like vein until around 1850, when the Will was finally settled.
From
the Registry of the Perogative Court of Canterbury.
Jamaica In the Name of God, Amen. This l6th day of August
1709 and in the 8th year of the reign of our Sovereign Lady Ann, by the Grace of
God of Great Britain, France and Ireland, Queen, Defender of the Faith, etc,
I Stephen Hutchens of Port Royal in the Island abovesaid,
Gentleman Commander of her Majestys Ship the Portland now residing in Port
Royal Harbour being sick and weak in body, but of sound and perfect mind and
memory (Praise be therefore given to Almighty God for the same) But calling to
mind the uncertain state of this transitory life on earth, And Being desirous
of settling things in order to make, constitute, ordain and declare this my
last Will and Testament in manner and form following (that is to say)
First and principally I recommend my soul into the
merciful hands of Almighty God my Creator hoping and assuredly trusting and by
a lively faith beleiving that I shall receive full pardon and remission of all
my sins and be saved by the precious death merits of my blessed redeemer Christ
Jesus and my body to the earth from whence it was taken. To be buried in a
decent Christian manner, and as touching such worldly estate as it hath pleased
God to bless me with after my debts and funeral charges are paid and satinfied
my will and meaning is the same shall be employed and bestowed as hereafter by
this my last will is expressed.
Imprimis I give devise and bequeath unto my dear, and
honoured Mother Penelope Hutchens of the Parish of Paul in the County of
Cornwall in the Kingdom of Great Britain Widow, Two thousand Pounds Sterling
money to be paid to her within six months after my decease if the same shall
come or be transmitted to the hands of my Executors hereinafter named.
Itim I give devise and bequeath unto my two loving
kinsman Stephen Budinor and Thomas Budinar and to my loving Kinswoman Ruth
Budinor being the children of Martin Budinar in the Parish of Paul in the
County of Cornwall aforesaid Yeoman and Mary his wife, my sister, and to each
of these One thousand pounds apiece Sterling. And to the rest of my sisters
children whose names I may not be aquainted with I give, devise and bequeath to
each of them five Hundred Pounds a piece Sterling to be paid to them at their
respective ages or age of one and twenty years, or days of Marriage which shall
first happen, and my will and meaning is that of the £1000 Sterling that I have
given and bequeathed unto my kinsman Stephen Budenor and of the £1000 Sterling
that I have given and bequeathed unto my kinsman Thomas Budenor I would have
£500 Sterling a piece out of each of their legacies to be paid to them at their
respective ages of 18 and tho residue of each of their respective Legacies to
be paid to them at their respective age or ages of 21 years, And that the £1000
Sterling which I have given hereby and bequeathed unto my kinswoman, Ruth
Budenor may be paid her at the age of 17 or day of marriage which shall first
happen and that if any or either of my kinsman or kinswoman, should die before
his or her legacy hereinbefore bequeathed should come to his or her hands and
possession then such Legacy of
him or her so dying should go to the survivor or survivors of my said sisters
children to be equally divided and share and share alike. And my will is that
the several sums of money hereinbefore bequeathed shall be securely placed at
interest by my executors hereinafter named if the same shall come to be
transmitted to their hands for the use and benefit of each of my said kinsmen
and kinswomen untill such time as the same shall become, payable unto them.
Itim, I give devise and bequeath unto my cousin Martha
Winchlow of of Suffolk Street in the County of Midddlesex in the Kingdom of
Great Britain Widow, and to her children £200 apiece Sterling; to be paid unto
each of them within 6 months alter my decease if the same shall come or be
transmitted into the hands of my executors hereinafter named.
Itim. I give devise and bequeath unto Hannah
Brooks daughter in law to Matthew Tricairne of Goodmansfields near Whitechapel
In the Kingdom of Great Britain £100 Sterling money to be paid her within 6
months after my decease.
I also give and bequeath unto the said Matthew Tricairne
and to his wife and to each, of them £50 Sterling money apiece to be paid to
each of them within 6 months after my decease if the same shall come to be
transmitted into the hands of my executors hereinafter named, And if it should
happen that the said Matthew Tricairne and Wife shall depart this life before their
legacies herein bequeathed shall come to his or her hand and possession, Then
my will and meaning is that the same shall go to the said Hannah Brooks.
Itim. I give devise and bequeath unto my kinswoman
Prudence Murrish of the Parish of Paul in the County of Cornwall aforesaid £100
Sterling to be paid her within 6 months after my decease if the same shall come
to be transmitted into the hands of my said executors hereinafter named.
Itim, I give devise and bequeath unto my cousin John
Pellow Snr of Pensance in the County of Cornwall and to his wife and children
the sum of £500 Sterling to be equally to be divided between them share and
share alike, to be paid within 6 months after my decease if the same shall by
that time come to be tranmitted into the hands of my said Executors hereinafter
named and if it shall happen that if either of the said children should die
before their Legacy or Legacies herein bequeathed Should come to his or
her hands and possession, Then such Legacy of him or her so dying shall go to
the survivor or survivors of the said children to be equally divided, share and
share alike.
Itim. I give
devise and bequeath unto my loving friend Thomas Hower of Port Royal and to his
two daughters and to each of them £100 apiece current money of this Island to
be paid unto each of them within three months after my decease.
Itim. I give
devise and bequeath unto my worthy good friend Henry Pendarves, Minister of the
Parish of Paul in the County of Cornwall, the sum of £20 Sterling to buy him a Suit
of Mourning to wear in memory of me.
Itim. I give devise and bequeath unto the said Henry Pendarves, Arthur
Hutchens and Martin Bodiner, the sum of £600 Sterling to be them laid and
employed in the erecting and building of a college and put for alms Houses in
Paul Church Town in the County of Cornwall aforesaid for the being maintenance
and provision of 6 of the poorest men and 6 of the poorest women who are or
shall be born in the said Parish of Paul for ever. And who by the said Henry Pendarves, Arthur Hutchens and Martin
Bodiner, shall be deemed the fittest object of charity. And I do hereby humbly request my said
loving friends H. Pendarves, A. Hutchens, And M. Bodiner, to be trustees to and
for the said Charitable gift and dispose of the said sum of £600 as near as may
be to this my will and intention, as soon as they shall receive the same
without perverting or abusing the design thereof as they shall answer the same
in the world to come.
Itim. I give
devise and bequeath unto the Parish of Paul in the County of Cornwall aforesaid
the sum of £100 Sterling for the repairing ammending and beautifying to the
Parish Church of Paul to be paid by my Executors hereinafter named.
Itim. I give devise and bequeath unto my loving friends
the Honourable Charles Wager Esq. The Honourable Richard Thompson Esq. and
Capt. Henry Long and to each of them the Sum of £100 current money of this
Island and do humbly request my said loving friends together with Thompson
Flower,that after my decease, (They paying themselves their several legacies)
they would so far act in
my affairs here as to transmit home to my Executors hereinafter named - The one half
part of all my estate what soever that I shall be possessed of within this island, by the
first good convoy of ships that shall be bound home from this Island. And as for the other half part of my estate
that shall remain in this Island I humbly desire and request my said loving
friends to transmit the same to my said Executors hereinafter named by the next
good Convoy that shall be bound from this Island after this that is about to
depart but in case my said loving friends or any of them should be off this
Island before the second Convoy should offer that then, and in such case I
desire such person or persons to transmit the same money to my Executors in a
manner and form aforesaid as my said loving friends or any of them before their
departure shall nominate and appoint.
Signed sealed published and declared by the said Stephen
Hutchens to be his last Will and testament in the presence of us (signed)
Stephen Hutchens.
D.Crawford
John Beswick
H. Vernon
Itim. As for all the rest and residue of my estate
whatsoever real and personal within this Island or elswhere…
I hereby give devise and bequeath unto my dear and
loving brother Authur Hutchens and my dear sister Mary Budenor to be equally
divided between them share and share alike and if it shall happen that either
of them should happen to die before his or her part or share of my said estate
herein bequested should come to his or her hands and possession then such part
or share of him or her so dying shall go to the survivor or survivors of the
said Aurthur Hutchcns and Mary Budenor. And I do hereby nominate make and
ordain the said Authur Hutchens, Mary Bodenor and John Pellow Snr to be my full
whole and sole Exeoutors and Executrix of this my last will and testament, and
lastly I do hereby revoke disannul renounce frustrate and make void all former
and other wills heretofore made, and do ordain appoint and declare these
presents to be my true only and last Will and Testament.
In witness hereof I the said Stn. Hutchens have to this
my last will and testament hereunto setting my hand —and year within written.
Signed sealed Published and declared by the said Stephen Hutchens
the testator to be his last will and testament in the presence of us, (signed)
Stephen Hutchens
The several razures and interlinations being before them
sealing and delivery
D. Crawford
John Beswick
H. Vernon
~~~~~o0o~~~~~
The Declaration of Joan Hutchens, Mary Hutchens, Juliana Hutchens and Ruth Hutchens –
24 October 1741
Those presents bind us Joan Hutchens of the Parish of
Paull in the County of Cornwall widow, Mary Hutchens, Juliana Hutchens and Ruth
Hutchens spinsters all of the said parish in the said County and every of us
our heirs Exectors and Administrators and every and either of us and them unto
Richard Pearse and Phillip Marrack and Church Wardens of the said Parish of
Paull and Richard Marrack and George Keigwin, William Tregurtha and the said
Richard Pearse Overseer of the Poor of the said Parish of Paull for the tyme
being – in the sum of twelve hundred and twenty pounds of lawfull money of
Great Britain to pay or cause to be paid unto the said present Church Wardens
and Overseers of the Poor of the said Parish or their Successors Church wardens
and Overseers of the Poor of the said Parish for the tyme being, the full sum
of six hundred and ten pounds of lawfull money with lawfull Interest for the
same at or before the twenty third day of October instant ensuing the date
hereto of Witness our hands and seals this twenty fourth day of October in the
fifteenth year of the reign of his present Majesty King George the second over
Great Britain in the year of our Lord One thousand seven hundred forty one.
1741.
Signed and Sealed
Joan Hutchens, Mary Hutchens, Juliana Hutchens, Ruth
Hutchens
Signed, sealed and delivered in presence of us
Thomas Clutterbuck, W Tremenheere.
~~~~~o0o~~~~~
Mrs (Joan) Hutchens’ Proposal to Convey Land to
the Parish of Paul - 8 August 1746
Mrs Hutchens proposes to convey lands to 3 Trustees as
the attorney General shall direct to uses mentioned in Captain Hutchens Will,
And in order to ascertain the values of the lands that two persons be named the
one by Mrs Hutchens and the other by the Minister, church wardens and overseers
of the Parish of Paul or the major part of them. The lands to be mentioned by
Mrs Hutchens within seven days now next and if two persons to be named cannot
agree the values of the estates they are to name a third person and such a
price to be paid for such estates but neither of the persons to be so named is
to be parishioner of the Parish of Paul unless all the parties shall agree
thereto and such persons to be named within fourteen days now next.
The money due on the Legacy is agreed to be six hundred
and ten pounds and Interest since the agreement and the money to be paid by
land as above mentioned;
dated this 8th day of August 1746;
Signed Joan Hutchens
Witnessed William Tregurtha and John Harvey
~~~~~o0o~~~~~
Certificate of Messrs Harry and Favell (30 August
1751)
We Tobias Harry and William Favell Gentlemen do hereby
Certify who it may concern that we verily believe and well remember that the
widow Curnow’s five small fields and two orchards in possession of Prudence
Curnow were part of the premises accepted by the parishioners of Paul or whom
they should appoint in part satisfaction of Captain Stephen Hutchens Legacy
agreeable to and as confirmed in our appraisement between the said parishioners
of Paul and Mrs Hutchens dated the 1st May 1747, As Witness our
hands the 30th day of August 1751;
Signed - Tobias Harry William Favel;
Witnessed - Edmond Davy, Thomas Treluddra
~~~~~o0o~~~~~
Undated letter (presumed sent to the Attorney General)
approximately 1765
Dear Sir,
Hoskin and Bodinar et al .. I hope what I sent you in my
last under a cover with what Mr Usticke can furnish you will be full
Instruction for the Bill to stay proceedings at Law in this cause and I now
send you copy of the bond that Mrs Hutchens gave for the Legacy in 1741 but a
doubt arises with me about the proper parties and whether we can with propriety
make any person beside the Lessors of ……….. defendant parties in the present
cause but if it can be done we would choose to have the whole settled now by
Decree of the Court of Chancery.
I apprehend (that) any person (Inhabitants born in the
Parish of Paul may or might file a bill in behalf of the will to have the money
laid out and the Charity established). William Hoskin was born in the Parish
and is a considerable farmer there and pays to the Rates. The names of the
present Church wardens and overseers of the poor if necessary to make them
parties, you have also herewith and also some of the principal inhabitants if
proper for them to be parties. All the parish desires is to have the Agreement
for the Lands 1st May 1747 established and that Mrs Bodinar who is
Arthur Hutchen’s eldest daughter and her sister may be compelled to Convey
these Lands for the use of the Charity. Mrs Bodinar and Miss Hutchens pretend
that this was done by their mother and she has no right but the mother received
and paid and did everything and never divested herself of the Trust. However we
can prove that it was equally their
act done by all of them and Mrs Bodinar herself delivered
the proposal to the parish and the Bond will fix the others to be liable.
Ruth Hutchens is dead (she died 23rd
February 1760)
If the parish was to call on them for the whole money and
Interest except what they could prove paid it would amount to four times the
sum now required, but I suppose the Bond for £610 the settlement 1 May 1747
will bind all parties, so as to have no retrospect. I must beg and desire this
bill may be filed in season for if they get possession tis to be feared they
will immediately alienate the Estate then the Parish and those concerned may go
seeking where they will.
I am Sir, Your Humble Servant, GV (G Veale)
If persons not inhabitants but large payers to the rates
may be parties you may make my brother Thomas Carlyon clerk overseers of the
Sheaf of the Great Tythes of the Parish myself and some other parties.
Church Wardens -
John James, Benjamin Matthew.
Overseers of the Poor -
Joseph Matthew, John Tregurtha, Nicholas Pentreath.
Principal Inhabitants -
Nicholas Richards, Francis Hutchens, Matthew Williams,
Benjamin Matthew, Richard Davy, John Leggo, William Hoskin.
~~~~~o0o~~~~~
The Attorney General having written a reply, the
following is the contemporary comment.It is assumed it was George Veale writing
a report to his clients.
Remarks on the Case of Paul Charity and The Attorney
General's Opinion.
Observe that in answer to the 4th query he says that the
Church Wardens and Overseers had no right to receive the money or take the bond
nor would payment of this money to Them be a discharge of the Legacy, which
words evidently imply.
a. That the Church Wardens and Overseers have in the eye
of the Law no immediate concern in this Charity, but are deemed strangers to
it, and consequently the other parishioners, as such, having no right to
receive the money, take bond, or give a discharge.
b. That there was some hand necessary to receive the
money and to give a discharge, tho the
parish officers or parishoners, as such, could not.
And what that hand was, the Attorney General expressly
declares in answer to the Third query(Which is most to the present purpose and
is indeed put in the following words.
“If as I suppose Arthur Hutchens survived the other two
trustees, his Executrix is the proper legal hand to receive the remainder of
the £600 and to apply the interest.”
The inference is undeniable that all the Tustees being
dead, the Executors of the last surviving Trustee, whoever he be, is that
proper legal hand.
That part of the Attorney General’s advice which is given
to the sixth and last query manifestly goes upon the supposition that Arthur
Hutchens was the last surviving Trustee, which he might easily be confirmed in
from the words of this query "Representatives of the said Arthur Hutchens”
words equivocal and capable of being understood either of his representatives
in this Charity or in his private Effects.
As to Rivet, the Conveyancer, one would think by the
frame of his intended conveyance that he had likewise taken for granted (What
the Attorney General supposes) that Arthur Hutchens was the surviving Trustee,
had he not mentioned Henry Pendarves as such, whose Executor he nevertheless
passes by as a person no way concerned - an obvious inconsistency—at least this
is the Attorney General opinion. But his draught was no more than what he calls
a skeleton.
The Executor of the Surviving Trustee interests himself
so far as to say, that he is neither willing to meddle with the said Charity,
nor to give it any unnecessary obstruction; but on the contrary is very
desirous that it may emerge and be established
according to the Testators intention, which he humble
conceives cannot be done according to the scheme on foot, there being a flaw in
it arising from the Council’s misapprehension or imperfect information of the
Case, that renders it unsafe for the Executrix, or Representatives of Arthur
Hutchens to pay the money to Trustees thus arbitrarily named, or for those
Trustees to act, and would expose the Charity, at least as to the proposed
management of it, to be litigated by those that had a mind to be troublesome.
He therefore proposes for removing all doubts and
preventing all future contests,that before any further proceedings, the case
being more fully and justly stated to the Attorney General, he be desired to
review it, and give his opinion thereupon, with regard more particularly to the
difficulties here objected and to an indemnification never yet offered,but,as
he apprehends proper to be given upon payment of the money,or conveyance of lands
in lieu thereof as well.
~~~~~o0o~~~~~
Letter of G Veale, Penzance 7th April 1766
Dear Sir,
Langford M Estate Agent Edward Williams and Wife – I
never mentioned two months to Mr Pearce today Executors but til the first four
days of next Term as usual and that you and Mr Quick would settle it as I hope
you have or will that other persons may not be before us.
Bucksome ex dem Bodinar et al Mr Hoskin. The parties say
I forced them to proceed herein and that if you had not appeared they should
not have gone on; this may not be true, but the 15th March nor even
the 14th was not ten clear days before the Commission Day whhich was
the 24th consequently the Order of Tryal was not in Time however it
is now too late I suppose to talk of that. Therefore a Bill in Chancery must be
immediately prepared and Syted praying Injunction for which I hope what I
herewith send will be full Instructions but if not a Bill must be Syted de bene
and Instruction obtained.
Stephen Hutchens, captain of the Portland Man of War,
died in 1709, having before his Death made his Will and Given £600 for a Legacy
to Build an Almhouse as recited in sketch of Conveyance herwith sent his
Executor received upwards of £18000 of his Effects the same year, by which from
mean circumstances they became opulent and purchased a great number of Estates
but never paid this Legacy or put it in a way to answer the Donor’s Intent.
Arthur Hutchens died in 1718, nothing done but in 1729 a plot was purchased and
Almshouses erected and conveyed to the partners in Trust for the uses of the
Will as recited in the convetyance. Money was then at 6 per cent, but at 5 per
cent was then due for Interest of the £600, at least £570, there was expended
about the House and purchase about £400 which was far short of the Interest
after this, the affair again lay dormant, but the family pretend they gave near
to the amount of the interest of the £600 in Charity but the parish not being
satisfyed in 1740 or thereabouts a Bill was fyled by Mr Tremenheere’s father,
was sold and Mr Usticke was concerned for him from whom therefore you may
probably get this Bill upon that Mrs Hutchens and has unmarried daughters gave
a Bond to the Church wardens and Overseers of the Poor of Paul in £1220 for
payment of £610 but soon after consulting Sir Dudley Ryder then attorney
general a question was asked obiter about this Charity & Bond. he gave it
as his opinion that the Bond was Improper and that the Parish officers had no
right to receive the money but that it ought to be laid out in Land to be
Conveyed to the same uses as the Almshouse was and thereupon Mrs Hutchens mad
the Interest and Proposal which was accepted and th eLand valued and accepted.
The parish had possession of all but Curnow’s P’mes which was in Mortgage which
delayed the more till 1752 when the Conveyance and all things being ready some
objections were made by Dr Borlase Executor of Henry Pendarves surviving
Devisee of Cpat Stephen Hutchens at least Mrs Hutchens were desired not to
Execute and the Dr seemed to think it was proper to have a Decree and Sanction
of the Court of Chancery on this ( the Parish and all others being unwilling to
be at the Expence and in hopes the Dr would attend Sanction rested but now one
Mr Langford by whom Mrs Hutchens are entirely governed has taken it unto his
head that there is nothing due that the £600 was not to carry. Though they
received of £18000 and never appropriated anything for the purpose and that the
£400 laid out in the House was all they could expect that Martin Bodinar had
the other £200 and he died Insolvent tho the fact is he left near £10000 to his
children, all of which indeed came from Stephen Hutchen’s Effects and now of
Mrs Hutchens by this Man’s advice would have the Land back again and for that
purpose served this Expectation on Profit which has been for ten or a dozen
years rented by Hoskin who took it and was put into posession by Mrs Hutchens
and Dr Borlase as well as by the Parish; Mrs Joan Hutchens is now dead.
The prayer of the Bill must plainly interrogate all the Parties
whether as such a proposal to convey their Lnads and the Estimating of them was
not by all their Desire and Consents whether the Lands were not in Consequence
these of delivered up to the Parish and why they repair praying that they may
be compelled to Convey to the Charity so long and shamefully withheld
established under the Direction and Execution of Mr Usticke furnish you with
all these papers being conceived for me in 1752. I beg and insist that a month
may not be lost in fyling the Bill and sending me Sp’as (Subpoena’s).
I suppose Dr Borlase as such be a party.
I am Your Obedient Servant, G Veal.
~~~~~o0o~~~~~
Raymond Forward