Person:James Marshall (69)

James Marshall was baptised on 4th May 1684 at St Ippolyts in Hertfordshire, son of Susan Marshall, formerly Hobbs, and her husband Nicholas Marshall, a yeoman.

In 1705, James's maternal grandfather, John Hobbs, wrote a will, leaving a legacy of £80 to James, which he was to receive after his mother Susan's death. She died some time prior to 1712 and the legacy became due. However, his grandfather's executor (James's uncle, John Hobbs junior) did not initially pay up, and there was a court case in 1712 in which James and several of his siblings sued their uncle for the money they were owed. Before the matter was settled, James's business took him overseas. According to James's father, before he left he made an agreement with his brother Josiah that Josiah would have power to receive James's share of their grandfather's estate. Also before he left, James borrowed £69 from his father Nicholas and £15 from his brother George, on the understanding that once they received their grandfather's money Josiah would repay the debt James owed to Nicholas and George.

On 30th November 1713, James wrote his will. This says that he was a cooper about to sail for Jamaica on the good ship Antigua. The will is relatively simple, leaving everything to his brother Matthew, who was by this time a schoolmaster living at Old Street in the parish of St Giles without Cripplegate in London. The will explicitly revokes all former "Wills Testaments and Deeds of Gift". Matthew proved the will on 28th February 1715, declaring James to be dead.

In 1716, James's father Nicholas and brother George took his brothers Josiah and Matthew to court. They claimed that the will Matthew had proved was "pretend". They also claimed that Matthew had not divulged how he knew James was dead, if indeed James was dead. They also claimed that Matthew and Josiah had conspired to defraud Nicholas and George out of the money they had lent to James before he sailed, by pretending that James had owed various other people money and that Matthew claimed to have paid those other people, leaving nothing from James's estate to settle the debt with Nicholas and George.

Unfortunately, the only document surviving from the case is the bill brought by Nicholas and George, thus we do not know how Matthew and Josiah responded, nor the ultimate verdict. It is perhaps interesting that when Nicholas died in 1737 he left legacies (amongst others) for Matthew's daughter Mary and for Josiah, but nothing for Matthew himself.

1. ↑ Church of England. St Ippolyts Parish Registers.

   1684: May 4 James the son of Nicholas & Susan Marshal

2. ↑ Will of James Marshall, cooper, now going to Jamaica on the good ship Antigua, in Prerogative Court of Canterbury
   PROB 11/544.

   In the Name of God Amen I James Marshall Cooper now going to Jamaica in the good ship called the Antigua Mechant Capt[ain] Hodges Commander being in bodily health and of sound and disposing mind and memory and considering the perils and dangers of the Seas and other uncertainties of this transitory Life doe For avoiding controversies after my decease make publish and declare this my last Will and Testament in manner following That is to say First I recom[m]end my soul to God that gave it and my Body I commit to the Earth or Sea as it shall please God to order And as for and concerning all my worldly Estate I give bequeath and dispose thereof as followeth (that is to say) All such sum or sums of money as shall be found due to me in any manner or waies for my Service or or otherwise in any of her Majesties Ships or Frigots or in any Mechants Ships and all other Ship or Ships and all other ways that is to say Legacy or Legacys Wages sum and sums of mony Lands Tenements Goods Chattels and Estate whatsoever as shall be any ways due owing or belonging unto me at the time of my decease I doe give devise and bequeath the same unto my loving Brother Matthew Marshall of Old Street Square in the Parish of Cripplegate Schoolmaster And I do hereby nominate and appoint him my sole Exe[cuto]r of this my last Will and Testament hereby revoking all former and other Wills Testaments and Deeds of Gift by me at any time heretofore made And I doe ordain and ratify these presents to stand and be for and as my only last Will and Testament In Witness whereof to this my said Will I have sett my hand and Seal the Thirtieth day of November Anno Dom[in]i 1713 And in the Twelfth year of the Reign of her Majesty Queen Ann over Great Britain &c. James Marshall. Signed sealed and published in the presence of us - William Sax - the Mark of Richard Sax - Christopher Marshall
   
   Probatum fuit hujus modi Testamentum apud London Vicesimo Octavo die mensis February Anno Domini (Stylo Angliae) Millesimo Septingenno Decimo Quarto coram venti viro Johanne Andrew Legum Doctore Surrato Ventis e fegregii vivi Johannis Bettesworth Legum e tiam Doctoris Curid Prerogativae Cantuar Magister Custodis sive Commissary legitimo constituati Juramento Matthaei Marshall Executoris in dicto Testamento nominati Cui commissa fuit Administratio omni umo Singulorum bono rum jurium et rediforum dicti defuncti de bone et fidgliter administrando e adem ad Sancta Dei Evangelia jurat
   
   [Approximate translation] Proved at London 28 Feb 1714/5 before John Andrews doctor of laws surrogate of John Bettesworth doctor of laws and master of the Prerogative Court of Canterbury legitimately constituted by Matthew Marshall the executor named in this will he being sworn to administer all and singular the estate of the said deceased.