The SIlver Bowl: 1796 Oct 3 Probate of Rev, Richard JACKSON

Rev. Richard JACKSON is included in the family tree of Gilbert JACKSON of Cuddeson.

This JACKSON family, which was first based in Lincolnshire and then in Cuddeston, Oxfordshire, is connected by marriage to other land-owning families in Co. Sligo. It may be significant that their family crest includes three birds [sheldrakes] that resemble the ones in the arms of the JACKSONs of Coleraine, Forkhill and Creggan – the latter two families were based in Co. Armagh.

A key source for the Cuddeson JACKSONs was transcribed from a family bible and can be found in: Miscellanea Genealogica et Heraldica Vol IV 1884.

It helps to read the following wills together in the context of the Gilbert JACKSON of Cuddeson family tree:

· 1725 Nov 12 Probate of Dame Anne MAY nee ALDWORTH (abt 1656-abt 1726). She was a great-aunt of both Gilbert JACKSON and Rev. Richard JACKSON (1709-1796)

· 1772 Oct 10 Probate of Anne COOTH . She was the wife of Rev. Richard JACKSON (1709-1796).

· 1779 Aug 2 Probate of Gilbert JACKSON (1704-1779). He was the brother of Rev. Richard JACKSON (1709-1796)

· 1796 Oct 3 Probate of Rev. Richard JACKSON(1709-1796).

1796 Oct 3 Probate Rev Richard JACKSON
Transcription by Jan Waugh. 2020 Feb 18. Footnotes by Sharon Oddie Brown.

This is the last will of me Richard Jackson[1], rector of Donhead St Mary, Wiltshire. First, I give to my nephew Gilbert Jackson[2] clerk all my lands and tenements lying and being in the Parish of East Knoyle, Wiltshire with their appurtenances to him and his heirs forever. But, my will is and I do hereby charge the said lands with the payment of the several rent charges hereinafter mentioned, viz. I give to my dear sister Arabella Jackson[3] one clear yearly rent charge of forty pounds, to said Arabella Jackson and her assigns during the term of her natural life insuring the annuity of ten pounds a year which I have already secured to her by deed to hold the said annuity of forty pounds to said Arabella Jackson and her assigns payable by equal quarterly payments on Midsummer day, Michalmas Day, St Thomas Day and Lady Day, the first payment to be made the first of those days that shall happen after my decease. And, I do also give unto Mr. John Cooth[4] and to the Revd. Samuel Rolleston Cooth[5] the two youngest, sons of my late friend John Cooth[6], vicar of Blandford in Dorsetshire to each I give a clear yearly rent charge of ten pounds out of my said lands at Knoyle to hold the same to said John Cooth and Samuel Cooth and their assigns during their natural life payable by equal quarterly payments on the days and at the times aforesaid. And, in case either of the said mentioned or any part thereof shall be behind and unpaid or the space of thirty days after the days in which the same ought to be paid that then and so often as the same shall happen shall be lawful for the said Arabella Jackson and ye said John Cooth and Samuel Rolleston Cooth respectively and their upon assigns or such of them whose annuity shall be in arrears and unpaid to enter the said lands of and distrain and the distress and distresses there found to receive and take away until he, she or they for therewith fully paid with all the costs or charges, sustained by reason of the non-payment thereof. I also give unto the said Gilbert Jackson his Executors and assigns my two leasehold estates held under Lord Arundell[7] and lying on the Parish of Donhead St. Mary aforesaid hold the same during the remainder of the term that will be to come in them at my death. I also give to the said Gilbert Jackson all rents and arrears of rent that shall be due to me at the time of my death in the Parish of Donhead St Mary and the neighboring Parishes Knoyle excepted, provided they do not amount to more than one hundred and fifty pounds all that shall be due above that sum I have to my Executors for the discharge of legacies, debts &c. And, I hereby beg my nephew to collect it for them. I also give the Gilbert Jackson all the furniture, books &c belonging to me in the parsonage house of Donhead St Mary and also everything of the outdoors such as granary, stable, stoves &c., all these I give the said Gilbert Jackson provided he makes no demand as my Executors for duty of any kind done or pretended to be done for me or should he succeed and in the Rectory of Donhead for dilapidations, in this case on his demanding money of my Executor or for dilapidations. I give the hundred and fifty pounds above mentioned should as much be due to me or any loss sum that may chance to be due together with my furniture, books, granary everything within or without the house I give to my Executors hereinafter named. I give my house in Frith Street, Soho[8] which I hold under the Duke of Portland[9] to my Executors viz. to Mrs. Jane Hamilton[10] of Croomes Hill, Greenwich and Stephen John Maule[11] Esq. of ye Hospital there in trust only and for the use of my sister Arabella Jackson and my niece Ann[12], wife of ye Revd. () Smythes[13] and Arabella[14] wife of Stephen John Maule Esq. And, I direct that the money arising from the rent of the said house be equally divided between them and their respective receipts under each of their proper hands be required as a proper discharge at the death of the three annuitants. I give the house to my nephew Thomas Knightley[15] clerk vicar of Offchurch in Warwickshire for the time, then will them be to come in the lease the share at the death of each annuitant to devolve to the said Thomas Knightley. I give all those lands, tenements and hereditaments which were devised, conveyed or otherwise came to me by or from the late Catharine Metcalf[16] to my Executors to share the rents or the same during their natural lives and the whole to the survivor dying and or his life. At their decease I give the aforesaid lands to my three nieces forever share and share alike viz. to Ann[17], Arabella[18] and Susan[19] daughters to Stephen John and Arabella Maule. I give to my dear sister and wife of the Revd. Giles Knightley one hundred pounds to be paid her in one month after my death. I give to my dear niece Jane Arabella Jackson[20], daughter of my late dear brother Gilbert Jackson twelve hundred pounds to be paid her in one month after my decease or interest for the same from the time of my decease at the rate of four-pound percent. I give to the two youngest sons of my late friend John Cooth vicar of Blandford, viz. John & Samuel Rolleston Cooth above named to each fifty pounds to be paid them one month after my decease as a mark of my affection for them. Lastly I give the rest and residue of what I do possessed of after legacies, debts and funeral expenses are paid which I beg may be as burial as decently will allow unto and between my dear niece Jane Hamilton of Greenwich and her brother in law Stephen John Maule of the Hospital there and I appoint them Executors to this my last will and testament. Richard Jackson. Signed, sealed, published and declared this tenth day of August one thousand seven hundred and ninety-five (1795) by the abovenamed Richard Jackson as and for his last will and testament in the presence of us who at the request and in the sight of each other have hereunto subscribed our names as witnesses. Sophia Watson, Henry Knight, John Francis.

Probate. This will was proved at London 3 Oct 1796 ... by the oaths of Stephen John Maule, esquire and Jane Hamilton, widow the niece of the deceased and the Executors named in the said will ...

Related Research

Subsequent to the probate of the will of Richard JACKSON, there was a court case. Reports of Cases Argued and Determined in the high Court of Chancery from the year M DCC LXXXIX to M DCCC XVII. Vol VI. pp 12-41

COOTH vs JACKSON 1800, Jan 29. 1801 April 28, 29 [some excerpts from the record and a summary follow]

The bill stated, that in 1795 a bill was filed by the Plaintiff Edmund Cooth against the Reverend Richard Jackson and the Reverend Gilbert Jackson, the latter being the only son and heir of Gilbert Jackson, the surviving trustee in a marriage settlement, under which the Plaintiff claimed premises, called Lye Farm and Burnthouse Farm, by virtue of a limitation in remainder, subject to the life estate of Richard Jackson, and in default of issue of him and his wife, for the benefit of John Cooth, the Plaintiff's father, deceased, and the heirs of his body. That bill stated, that all the children of Richard Jackson died in their infancy without issue, and then his wife died without leaving any issue; and Richard Jackson continued in possession. He and his wife soon after their marriage levied a fine; and declared the uses in failure of issue of them to the survivor.

The bill farther stated, that Gilbert Jackson acknowledged to the Plaintiff, that such settlement was in his possession; and Richard Jackson, after the decease of his wife, wrote several letters acknowledging that he was entitled only for life; and that after his death Cooth would be entitled; and he also acknowledged, that he had accepted from Charles Cooth, the Plaintiff's elder brother, who died without issue, a mortgage of the reversion for money lent. The bill also stated, that Richard Jackson endeavored to get Charles Cooth to execute a will in his favor; and never suggested, that any settlement was in existence, or that any fine had been levied to bar the limitations thereof; and he never set up any claim under the fine until after the death of the trustees in the settlement, and until after Richard and Gilbert Jackson had got both parts of the said marriage settlement into their hands, and suppressed the same. The bill prayed a discovery; and that the defendant might be decreed to leave the settlement in the hands of the Master; and that the right of the Plaintiff might be declared.

The bill farther stated, that to that bill the Defendant put in an answer; and afterwards, upon the 19th of September, 1796, Richard Jackson died; having devised the estate to Gilbert Jackson; who * was also his nephew and heir at law. A bill [* 13] of revivor and supplement was filed ; stating the above matters; and that Gilbert Jackson possessed himself of the settlement; and prayed accordingly.

[Gilbert JACKSON proposed a compromise accepted by Edmond COOTH] that COOTH should take the whole Burnthouse farm and so much of the Lye farm as should make up an equivalent to a moiety of the whole, and that the Defendant [JACKSON] should retain the remainder; and it was farther agreed that the commissioners should not return the commission; and that all proceedings in the suit should cease.

The bill then stating, that the plaintiff was always ready to perform his part, prayed, that the Defendant may be decreed to perform the agreement: and that the said two farms may be divided into two equal parts; and that the Burnthouse farm, with so much of the other form as shall render the same of equal value with the remainder of the latter, may be decreed to the Plaintiff; with the necessary directions, and a production of all title-deeds.

To this bill the Defendant put in the following plea and answer.

As to so much of the bill as seeks, that the Defendant may be decreed to perform the agreement alleged, &c., and that the said two farms may be divided into two equal parts, and that the Burnthouse farm, and so much of the Lye farm as shall together be equal to the remainder of the Lye farm, may be decreed to belong to the Plaintiff and his heirs, and a * commission for [* 15] making such division, with the necessary directions for that purpose, and that the title deeds and writings relating to the said estates may be produced and left with the Master, or any other relief founded upon the said agreement, the Defendant pleaded in bar the statute of Frauds (1); with an averment that there was no contract in writing concerning any division of the said two farms. &c.

[The subsequent legal entanglements were rife with errors of communications]

The Defendant admitted the proceedings in the former suit; and stated, that being advised, that it was not necessary for him to produce witnesses at the execution of the commission, he attended unaccompanied by his solicitor, with James Still, one of the commissioners, named by or on behalf of the defendant. The two commissioners named by or on behalf of the Plaintiff, met them; and examined witnesses; and the commission was closed. In October, 1798, on the last day of executing the commission, after the commission was made up and closed, Smith, who had been examined as a witness for the Plaintiff, came to the Defendant, and proposed, and pressed him, as he had frequently done, to compromise the cause; intimating, that, if the cause proceeded to a hearing, such a string of evidence would be brought forward, as would ruin his uncle's (Richard Jackson) character for ever; and that a settlement of the estates in dispute had been made, which was in favor of the Plaintiff's father; and that the Defendant's said uncle and his wife had upon some occasion, made an affidavit thereof. The Defendant saying, he must take the advice of his solicitor, Smith intimated, that, if the cause was not immediately settled, the Plaintiff would probably afterwards refuse to settle it.

… [coercion alleged]

During the execution of the commission Bartlett and Reade severally recommended the Defendant to compromise the suit; and the Defendant [JACKSON] being greatly alarmed at such representations, and believing them true, though he now believes them unfounded, and being very anxious, that nothing should be brought forward, which might affect the character of his uncle, and believing, that Smith was his friend, and well acquainted with the facts urged by him, he did at length, and for such reasons, (and which otherwise he would not have done), propose to the Plaintiff and verbally agree to settle said suit, by dividing the estate in dispute between them; to which the Plaintiff acceded; and thereupon such bonds of arbitration were entered into. It was understood by the Defendant, and, as he believes, by the Plaintiff, that the basis upon which the arbitrators would proceed to settle the differences referred to them, was by making an equal division of the property in question between the Plaintiff and the Defendant; and that said bonds were intended to relate only to such division, and to bind the Defendant and the Plaintiff by such allotment and division, as said arbitrators should make between them; all other matters being then agreed to be settled between them.

…. [The case was dismissed with costs not awarded to either COOTH or JACKSON]

NOTE Another version recorded in

Reports of Cases Argued and Determined in the high Court of Chancery from the year M DCC LXXXIX to M DCCC XVII. Vol V. pp 11 ff.

The revised reports in such cases from English Courts of Common Law and Equity from the year 1785 Vol X 1808-1809. P 190-199.

INNES vs JACKSON // JACKSON vs INNES

This case echoes names mentioned in this will:

[Jackson against Blandford et al] Upon reading the Petition and Appeal of Gilbert Jackson complaining of a Decree of the Court of Chancery of the 18^th day of December 1809, made in Two certain Causes, in the first of which John Blundell Innes and Edmund Cooth were Plaintiffs, and Gilbert Jackson, John Cooth, Samuel Rolleston Cooth, Stephen John Maule, since deceased, and Jane Hamilton, Defendants; and in the other Gilbert Jackson was Plaintiff, and John Blundell Innes, Edmund Cooth, John Cooth, Samuel Rolleston Cooth, Stephen John Maule, since deceased, Jane Hamilton, and John Dansey, were Defendants; and prating, “That the same may be reversed, or that the Appellant may have such relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Morgan Blanford, Thomas Maffey, John Nicholson, Anne Innes widow, John Innes, Thomas Innes, Susanna Innes, Edmund Cooth, John Dansey, John Cooth, Samuel Rolleston Cooth and Jane Hamilton, may be required to answer the said Appeal:”

It is ORDERED, that the said Morgan Blanford and several other Persons last named, may have a copy of the said Appeal and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 11^th Day of February next.

[White to enter into Recognizance on it]The House being moved, “That Richard White of Essex Street, in the Strand, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Gilbert Jackson, on account of his appeal depending in the House, he residing in Ireland:”

It is ORDERED, that the said Richard White may enter into a Recognizance for the said Appellant, as desired.

Journals of the House of Lords, Volume 48 p 53 (also mention on p509, p 529, p 543, ).

[H1806 IJ2].

Reference: C 13/2084/31 National Archives UK

Short title: Jackson v Hamilton.

Document type: Two bills and five answers.

Plaintiffs: Gilbert Jackson.

Defendants: John Blundell Innes [NOTE: He was heir at law of Hester BOWER. SEE: JACKSON vs INNES The decree was reversed 10 July 1819], Edmund Booth, John Cooth, Samuel Rolleston Cooth, Stephen John Maule and Jane Hamilton.

amended by an order dated 11 April 1807: John Dansey added as defendant.

revived Michaelmas 1810.

SMP

[1] Rev. Richard JACKSON (1709-1796)

· Son of Gilbert JACKSON & Jane ALDWORTH.

· Miscellanea Genealogica et Heraldica Vol IV 1884 d.s.p. of Magdalen College, Oxford, England

[2] Rev Gilbert Charles JACKSON

· Son of Rev. Gilbert JACKSON (1704-1779) DD of Tichfield, Hampshire [See 1779 Will]

· nephew of the testator, Richard JACKSON

· He married Bertha PILFOLD (1773-1847) with whom he had 10 children.

[3] Arabella JACKSON (1714-1802)

· Daughter of Gilbert JACKSON & Jane ALDWORTH.

· At her house in Broad Street, Oxford, Mrs. Arabella Jackson in the 89^th year of her age , only surviving sister of the late Rev. Dr. Richard Jackson, fellow of Magdalen College. Orthodox Churchman’s Magazine. Vol II January-June 1802.

[4] John COOTH

· NOTE: I suspect that the relationship was more than that of a friend – he was likely related to Rev. Richard JACKSON’s wife Anne COOTH.

· Younger son of Rev. John COOTH vicar of Blandford in Dorset.

· Died 1776 and was heir at law of Anne JACKSON, wife of Richard JACKSON. Eldest son Charles COOTH; 2^nd son Edmund COOTH. Charles COOTH died dsp in 1786 and will lands to Hester BROWER his executor. After her death, INNES was her heir at law. Charles COOTH’s brother Edmund COOTH was his heir at law. SOURCE: The revised reports in such cases from English Courts of Common Law and Equity from the year 1785 Vol X 1808-1809. P 192.

o Ann Jackson died in 1772 without issue; leaving *her husband surviving; and John Cooth, her heir at law, who died in 1776; leaving Charles, his eldest, and Edmond, his second, sons. Charles Cooth borrowed 600l. from Richard Jackson; to secure which sum by indentures, dated the 15th and 16th of January, 1784, reciting, that the premises, after mentioned, would descend to Charles Cooth after the death of Richard Jackson, who was entitled thereto for his life, as tenant by the curtesy, Charles Cooth granted the reversion of the Lye and Burnthouse Farms to Jackson and his heirs, subject to redemption on payment of 600l. and interest. Charles Cooth, not having paid the mortgage, died in 1786 without issue; leaving his brother Edmond his heir at law; and having by his will, dated in 1782, devised all his reversionary interest in the Lye Farm to Hester Bower, her heirs and assigns: whom he appointed his executrix. Richard Jackson died in 1796; having by his will, dated in 1795, devised all his lands in East Knoyle to the defendant Gilbert Jackson, in fee-simple, charged with some annuities. Hester Bower died; leaving the plaintiff Innes her heir at law. The bill in the first cause was filed by Innes and Edmond Cooth; praying an account and redemption, and a reconveyance by Gilbert Jackson of the Lye Farm to the plaintiff Innes, and of the Burnthouse Farm to the plaintiff Cooth; suggesting, that the reservation of the equity of redemption by the indentures …

[5] Revd. Samuel Rolleston COOTH

· Son of Rev. John COOTH vicar of Blandford in Dorset

· Mentioned in Court cases -see above.

[6] Rev. John COOTH vicar of Blandford in Dorset.

· His two younger sons are mentioned in this lease. His two eldest sons, Charles COOTH and Edmund COOTH are not.

[7] Lord Arundell

· NOTE: 1674 Dublin marriage: JACKSON, Francis and Anne ARUNDELL SOURCE: Dublin Marriages.

· Given the timeframe, I suspect this Lord ARUNDELL was Henry ARUNDELL, the 8^th Baron Arundell.

[8] Frith Street, Soho, London.

[9] Duke of Portland

· I suspect that he was William Cavendish-Bentinck, 3rd Duke of Portland. There is also an Irish connection: He served as Lord Lieutenant of Ireland in Rockingham's second ministry (April–August 1782)

[10] Jane HAMILTON née LEIGH

· Executrix; niece of testator; of Croomes Hill, Greenwich, Kent; sister of Arabella Maule [née LEIGH ]

· Later in the will, Stephen John MAULE is described as her brother-in-law. I have no idea why there is this close connection of the MAULE family – or the LEIGH family.

· REF # DG 9/918 . Lease and release. (i) Jane and Ann Leigh, spinsters, Greenwich, Kent. Stephen John Maule, gent, and Arabella his wife, Greenwich. (heirs at law of Thomas Leigh decd.) (ii) William Harris, hosier, Leicester. (i) to (ii) Alderman Hall estate, Woodhouse to be held to uses appointed in (ii)'s will. Consideration: £900. Leicestershire, Leicester and Rutland, Record Office.

[11] Stephen John MAULE (1731-

· Born 1731, in St Alfege, Kent, England. SOURCE: My Heritage: MAULE.

· Baptised 20 Jan 1731 at St Alfege, Greenwich, Kent, England. SOURCE: Ancestry.

· Stephen John MAULE (1731-1806).: Son of John MAULE (1700-1776) Clerk of Cheque, Greenwich Hospital. SOURCE: MAULE Family Charts The children of Stephen John MAULE:

o Son Rev. John MAULE (1771-1866)

o Daughter Anne MAUL (1773-)

o Daughter (Unnamed) (1775-?)

o Daughter Arabella Phillipa MAULE (1777-?)

o Susan MAULE (1778-?)

· He had a daughter Anne MAULE (est 1773-1847). 28th Jan. Maule, Ann, eldest daughter of the late Stephen John Maule, Esq. formerly Clerk of the Check of Greenwich Hospital, at Greenwich, aged 74 SOURCE: The Patrician, Vol 3. 1847.

· His wife died: At Greenwich, Mrs. Maule, wife of Stephen John Maule, esq. SOURCE: The Lady's Magazine Or Entertaining Companion for the Fair Sex ..., Volume 34

· He was buried 5 Aug 1806, Greenwich, Kent SOURCE: Ancestry

· Will of Stephen John Maule, Gentleman, Clerk of the Cheque of His Majesty's Royal Hospital for Seamen at Greenwich of East Greenwich, Kent Probate Aug 8, 1806. It mentions his four children: John, Anne, Arabella & Susan. Other bequests include a ring to Charles BORRING[?], servant Sarah [?]OUTON, and 2 pounds to Elizabeth BROUGHTON. SOURCE: National Archives. Will also at Ancestry.

· In 1779, he was a witness called to testify in a case involving Greenwich Hospital: SOURCE: British History.

· He was Deputy Treasurer of Greenwich Hospital.

· Marriage: Jan 8, 1769 Stephen John Maule esq., deputy treasurer of Greenwich Hospital to Miss Arabella Leigh of Greenwich. SOURCE: The Town and Country Magazine 1769. NOTE: His marriage cert at St Alphege, Greenwich, Greenwich, England gives the date as Jan 12, 1769. SOURCE: Ancestry.

[12] Anne.

· NOTE: I have not yet found an “Ann” who was a daughter of any of Rev. Richard JACKSON’s sisters, and no one in the family who would have married a SMYTHE (unless it was a 2^nd marriage that we have yet to find).

[13] Rev. SMYTHE

[14] Arabella MAULE née LEIGH (1741-1803)

· wife of Stephen John Maule Esq

· She died age 62 (hence b 1741). SOURCE: Memorial Rings.

· She died: January 7 1803: At Greenwich, Mrs. Maule, wife of Stephen John Maule, esq. SOURCE: The Lady's Magazine Or Entertaining Companion for the Fair Sex ..., Volume 34

[15] Rev. Thomas KNIGHTLEY (?-1805) vicar of Offchurch in Warwickshire

· Husband of Frances Anne JACKSON. A daughter of Rev. Gilbert JACKSON & Frances NAIRN.

[16] Catherine METCALF

· Her husband may have been a James METCALFE.

· WILL Katherine Metcalfe pr 12 Jul 1790, Ash Witcombe, Somerset ... appoint my worthy friend the Revd. Dr Richard Jackson my whole and sole Executor leaving him the cost and residue of what I may die possessed. ... I leave to the said Dr Richard Jackson in trust for my said niece Ann Clark

[17] Ann MAULE (est 1773-1847).

· Daughter of Stephen John MAULE and Arabella LEIGH.

· 28th Jan. Maule, Ann, eldest daughter of the late Stephen John Maule, Esq. formerly Clerk of the Check of Greenwich Hospital, at Greenwich, aged 74 SOURCE: The Patrician, Vol 3. 1847.

[18] Arabella MAULE (1777-?)

· daughter of Arabella LEIGH & Stephen John MAULE SOURCE: MAULE Family Charts

· Married 07 Jan 1813 Edward Michael BIRD. SOURCE: Coulson Family Tree at Ancestry.

[19] Susan MAULE (1778-?)

· MAULE Family Charts daughter of Arabella LEIGH & Stephen John MAULE

· 6 Aug 1807 married John SUTTON. SOURCE: Coulson Family Tree at Ancestry.

[20] Jane Arabella JACKSON (aft. 1756-1847)

· 24th March. Jackson, Jane Arabella, dau. of the late Rev. Gilbert Jackson, D.D. of Wheately, Oxfordshire, at Bath, at an advanced age, SOURCE: The Patrician, Vol 3. 1847. P 504.

· She would have been a daughter of Frances NAIRN & Rev. Gilbert JACKSON, therefore born aft 1756.