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THE
BURGESS WILL TANGLE
This story involves some of
Henry Cort's relations and illustrates how complicated questions of inheritance
can become.
Source: documents at the National
Archives (PRO), including wills of Thomas Burges
(married to Elizabeth Cort's aunt Joanna) and his children Edward (Eyer),
Thomas (jnr) and Joanna (jnr).
We begin the story with Joanna's wedding to James Watson, 14 August 1777 at Titchfield. Witnessed by local
residents Edward Ives and John Missing.
Ives is something of a
celebrity. On a trip to India (ship’s
surgeon on the Kent) in 1755 he has kept scurvy out of the ship by
feeding the crew with fruit juice, following the recommendations of fellow
surgeon James Lind; and has published a book about
the trip, which ended travelling overland most of the way home. His son Edward Otto will play a significant
role in this story.
The Burges family is
evidently still in England. Judging
from Ives's will, son Otto and Thomas Burges snr are in India by March
1780. Thomas's sons are probably there
too, though the only direct documentary evidence is the baptism of Edward's
illegitimate daughter Frances in Calcutta, 7th January 1785 (it's possible that her
mother is Indian, which will become significant when she marries Henry Cort's eldest son in 1804).
Joanna stays in England with
husband James Watson. Their first
child, Edward, is born in January 1779.
Joanna's mother? Probably dead by the time father leaves for
India, where he begets two illegitimate children, Elizabeth and George. (George appears as classical scholar in
Oxford DNB.) Later Thomas snr takes
another wife, Elizabeth Kerr.
On 12 September 1789, Thomas
Burges jnr makes a will in England. How
long has be been there? A clue emerges
from the will.
A large chunk of the estate
is left in trust for sister Joanna and her children. Trustees: Otto Ives, John Shore, and "John Fydell of Chepstow".
The will's executors,
however, are different: father Thomas, brother Edward, brother-in-law James
Watson.
Note the name John Shore, who
will become Governor General of Bengal in 1792. The Oxford DNB says much of his life is spent in India, but he
comes to England for a brief spell in 1789, the year of the will.
Most likely Thomas has also
been in India: else how has he known Shore long enough to nominate him as
trustee? Maybe they have come to
England on the same ship.
Further clues relate to the
illegitimate Frances Burges.
Testimony by Otto Ives (in
1799): around 1789 he despatches, at her father's request, two thousand poundsworth
of rupees to James Watson in London "in trust for Fanny". Watson acknowledges the receipt of
"Bills for the benefit of Neds fine lively girl", suggesting the girl
is in England. Having travelled with
her uncle Thomas?
A trust is set up for Ned's
girl in February 1790. Trustees: uncles
Thomas Burges jnr and James Watson, plus Otto Ives. £2,000 is invested on her behalf, accruing to £2,666.13s.4d by
1794.
Little doubt that she is brought up with Watson's family, which
by now has four young ones. Meanwhile
Uncle James has (according to Thorne) been acting as counsel for the East India
Company.
Freshly knighted in June
1795, he leaves to take up appointment to the bench in Calcutta, accompanied by
wife and two elder children. Younger
two are left in the care of his brother William.
No sign whether niece Frances
(now aged 10) travels with him. If he
leaves her behind, who looks after her?
William? Thomas Burges jnr? Wife's cousin Elizabeth Cort (whose home is close by)?
Next news on Frances Burges:
in England when her father makes his will in 1800.
Meanwhile death takes a
hand. Sir James
Watson in Calcutta, May 1796.
Thomas Burges jnr in England, before December 1796. Thomas snr in Calcutta (will proved in
London, October 1799). No mention of
Thomas jnr in this will, made June 1797: presumably he has been notified of his
son's death.
Tough for Watson's widow, "Dame" Joanna: husband,
brother and father all dying within three years.
And her remaining brother
Edward won't last much longer.
Problems of inheritance loom.
Big one arises from Thomas
jnr's will. Three trustees and three
executors are nominated in 1789. One
change by codicil in 1790: brother Ned (already an executor) to replace John
Fydell as trustee.
Thomas jnr's death is
recorded among Parliamentary proceedings (30 November 1796), since it occurs
while he is contesting the result of a byelection. Yet the proof of his will waits until the
following August.
Delay partly because the
codicil is unwitnessed. Partly because
of the problem of finding an administrator who is both eligible and available.
Of the five eligible
following the codicil, four are in India, one dead.
Step in William Watson,
guardian to the two youngest Watson girls.
All four surviving eligibles give him permission to act.
But it's not smooth
running. Difficulty in dividing the
estate between the Watsons and the rest, perhaps. Or a real grievance over William's handling of his brief?
Either way, the result is a
complaint lodged by James (or John) Harris, a "friend" of the
children (all under 21 at the time), on their behalf. Defendants: William Watson, Dame Joanna Watson, Otto Ives, Thomas
Burges snr, Edward Burges and John Shore (now Baron Teignmouth). Ives's defence reveals much of the story,
while Watson explains how his investing of money on the children’s behalf has
not yet borne fruit.
By 1800 the case has to be
revised. Thomas snr is dead. Edward Watson is 21: he doesn't need a
"friend". Neither does his
sister Margaretta, who has married Captain Robert Armstrong of the East India
Army.
And Dame Joanna is probably
back in England. To cap all, Ned Burges
dies in Bengal. His will (made in
Bengal, May 1800) is proved in London, 6 April 1802.
The case's outcome is
probably in PRO files somewhere. But
Thomas jnr's will still carries a sting in its tail. Somehow John Fydell's claim to act as trustee for Watson's widow
and children is revived.
She reacts by petitioning parliament, citing Fydell's
"Mental Incapacity". Who is
proposed in his place? Abraham Toulmin,
nephew of Henry Cort's one-time neighbour Oliver
Toulmin.
The petition is presented to the
House of Lords on 5 April 1804. After
going through due process, the bill it generates receives the royal assent on
29 June the same year.
Dame Joanna Watson dies in
1811 in Hampstead, is buried in the same cemetery as Henry Cort. Her will, made 13 August 1810, names only
three children: no Mary Susannah, presumably dead. It also names several relatives of her late husband: but no
William, presumably dead also.
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