USA > Massachusetts > Suffolk County > Chelsea > Documentary history of Chelsea : including the Boston precincts of Winnisimmet, Rumney Marsh, and Pullen Point, 1624-1824, vol 1 > Part 49
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" MSS. Rec. of the Superior Court of Judicature, ii. 108.
486
HISTORY OF CHELSEA
[CHAP. XI
The Defend! appeared by Benjamin Bullivant her Attourney and pleads she holds possession as Tenant unto Maj! Robert Thompson purchaser from M! Richard Wharton to whome the premises was granted in Execution for a just Debt and Recorded according to Law. The Writ Def's plea, Evidences and allegations on both sides being fully heard, The Case was committed to the Jury, who were Sworne according to Law: to try ye same and Returned their Verdict therein upon Oath; That is to say They find for the pl! The House and Land sued for, and Costs of Court. Jts therefore considered by the Court That the sd Samuel Belling- ham shall recover against the sd Sarah Eustace the House and Land sued for, and Costs of Court taxed at Four pounds Nine shillings 1st Jury 7 (In the margin of record is the following:) ffacias habere posses- sionem issued May 7th 1697.
The Writ of Execution 8
William the Third by the Grace of God King of England Scot- land France and Ireland Defender of the Faith &c.
Province of the To Our Sheriffe of Our County of Suf- Massachusetts Bay ss: folke or his Deputy or under Sheriffe (Seal) Greeting.
Whereas Samuel Bellingham Esq! by his Attourney before Our Justices of Our Superiour Court of Judicature held at Boston within Our sd County upon the last Tuesday in April last past by the consideration of Our said Court recovered his Terme yet to come of and in a Certain Farme, Viz! A Dwelling House and Upland and Meadow Scituate lying and being in Winnisimett in the County of Suffolke afores! formerly knowne by the name of Richard Bellinghams Farme, against Sarah Eustace relict widow of William Eustace late of Winnisimett aforesd decd, who had unjustly put out and amoved the sª Samuel Bellingham from his possession thereof, And also there recovered Four pounds Nine shillings for costs and damages which he has sustained by reason of the s! Offence and Ejectment, and expended for the removal thereof, as to Us has been made to appear of Record
Wee Command You therefore That without delay you cause the s! Samuel Billingham by his Attourney of and in the aforesd
" The 1st Jury of Trials: Joseph Eliot forem., Walter Hungerford, John Miles, John Eustace, Joseph Pierce, Nathaniel Clap, John Smith, Samuel Culliver, Jacob Pepper, Jacob Newhall, Jacob Nash, Jolin Baker.
8 Court Files, Suffolk, No. 3558. Paper No. 2. The original writ with
official endorsements.
? 1
487
APPENDIX 4
CHAP. XI]
Farme Viz a Dwelling House Upland and Meadow with the Apurtenances Scituate lying & being in Winnisimett aforesd to have possession of his Terme yet to come, Wee also Command You That of the Goods Chattells or Lands of the s! Sarah Eustace within your Precinct at the value thereof in money, You cause the sª Samuel Bellingham by his Attourney to be paid and satisfyed the Sum of Four pounds Nine shillings, which to the sª Samuel Bellingham in the said Court was adjudged for his Costs and damages with Two shillings more for this Writ; and thereof also to satisfy yourself for your own Fees. And for want of such Goods Chattells or Land of the sª Sarah Eustace to be by her showne unto You, or found within yo! precinct to satisfy the afores! Sume ; Wee then Command You to take the Body of the sª Sarah Eustace and her Commit unto the Keeper of His Majties Goal in Boston within the sª Prison, whome Wee likewise Com- mand to receive her the sª Sarah Eustace, and her safely to keep until she pay unto the sª Samuel Bellingham the full Sum above- mentioned, or to his Attourney, and be by her released, and also satisfy your Fees. And This Writ with your doings therein You are to Return unto Our sª Superiour Court of Judicaturc to be holden at Boston upon the last Tuesday in October next.
Witness Thomas Danforth Esq! in Boston the Seventh day of May 1697 . In the Ninth Year of Our Reigne. Addington Davenport Cler
May 8. 1697
Suffolke ss. In Obseruance of this his Majties Writt of Habere facias Possessionem I haue Leuied the Same upon a Certain Farme (Vizt) a Dwelling House, and Upland, and Medow, Scituate Standing & Being in Wenesimitt in the town Shipp of Boston in the County afore Sª formerly Known by the Name of Richard Bellingham$ Farme, and I haue Deliuored the Same to mrs Elizabeth Bellingham attorney to ye Within mentioned Samuel Bellingham Esqr I haue also Leuied upon the Mony of the wthin mentiond Sarah Eustace ye Sum of four pounds Nine Shillings with two Shilling more for this writt I haue also Lcuied for my fees fiue pound mony of Estate of ye Sd Sarah Eustice
Sam! Gookin Sherff
488
HISTORY OF CHELSEA
[CHAP. XI
THE BILL OF COSTS "
Supr Court held at Boston Ap: 27th 1697. Sam !! Bellinghame Esqr Plt his bill of Costs agt Sarah Eustice
£
£ 8 d
for the writt and Serveing att Winnisimit 0- 5-0
Attornyes fee
0-12-0
for Coppies of records
1- 0-0
Entering the action
0-12 - 0
Supena for two wittnesses and their attendanee 4 dayes
0-16-6
To the Jury
0-13-6
PIts Attendanee at Court 4 dayes
0- 6-0
fileing papers
0- 3.0
Taxing Costs
0- 1-0
4.09.00 Examd per Ad: Davenport Cler. Allowed T. D.10]
9 Ibid:, Paper No. 3; autograph endorsements.
10 Thomas Danforth, one of the judges at that term of court.
489
APPENDIX 5
CHAP. XI]
APPENDIX 5
[THOMSON VS. EUSTACE. 1699
Court Record 1
Suffolk ss : Anno RR$ Guilielmi Tertii nunc Angliae &ca Un- decimo. At an Inferiour Court of Common Pleas holden at Boston for the County aforesaid on the first Tuesday of January being the Second day of sª Month; Annoq: Domini 1699 [1700]. Before the Honoble Elisha Hutchinson, Isaac Addington, John Foster, Peter Sergeant Esqrs Justices. . .. Joseph Thomson of London, Merch! Execr of the last Will & Testament of his late Father Robert Thomson Deced - Plt v Sarah Eustace, Widow, Relict of William Eustace late of Winnisimmet within ye County of Suffolk deced - Deft Jn an Action of Trespass upon the Case acording to Writt, bearing date ye 14th of Decemb! 1699. The Plt not appearing by himself or Attorney, is Non-suit. & Costs allowed to ye Def!
THOMSON VS. EUSTACE. 1700 2
The Writ 3
William the Third, by the Grace of God of England, Scotland, France and Ireland, King, Defender of the Faith, &c.
1 Records of Suff. Court of Common Pleas, 1699-1701, p. 26.
2 The following papers are filed with the two papers given here, in Court Files, Suffolk. No. 4639. (1) Paper No. 3. Copy of court record, July 31, 1683, in the case of Richard Wharton vs. the estate of Samuel Bellingham, given supra, p. 468. (2) Paper No. 1. Copy of the writ of execution in the same case with the endorsements thereon, given supra, p. 469. This is an attested copy by Addington Davenport of the copy attested by Joseph Webb. (3) Paper No. 6. Deed from Richard Wharton to Edward Thomas as agent for Robert Thompson of London. Supra, p. 470. (4) Paper No. 4. Copy of Letters of Administration issued by the Prerogative Court of Canterbury under the signature of Tho: Wel- ham, Deputy Registrar, and the seal of the Court December 6, 1694, to Joseph Thompson, son and sole executor named in the last will and testa- ment of Robert Thomson of Stoke Newington, Middlesex, England. This is a copy, attested by Addington Davenport, Clerk of Court, of a copy attested by the signature and seal of William Scorey, Notary Public in London. Both the document and the attestations are in Latin.
3 Court Files, Suffolk. No. 4639. Paper No. 2. The original writ with official endorsements. Endorsed: "Thomson Eustice."
490
HISTORY OF CHELSEA
INSTAP. XI
Suffolk ss. To the Sheriff of our County of Suffolk, or under seal Sheriff, or Deputy, Greeting
Wee Command you to Attach the Goods or Estate of Sarah Eustace Widow Relict of William Eustace late of Wimsemett within the County aforesd deceas! to the Value of five hundred Pounds, and for want thereof to take the Body of the said Sarah Eustace (if shee may be found in your Precinct) and her safely keep, so that you have her before Our Justices, at Our next In- feriour Court of Common Pleas, to be holden at Boston for Our said County of Suffolk on the First Tuesday of Aprill next, then and there to Answer to Joseph Thomson of London Mereh! Exec- utor of the Last Will and Testamt of his late father Robert Thom- son deceas! Or to his Attorney, in an Action of Trespass upon the Case for withholding and refusing to render to the Pl! possession of A Certain farme or Traet of Land Scittuate lyeing and being at Winnisemett within the Limits or precincts of the Towne of Boston late in the Tenure & Occupacon of William Eustace aforesd deceas! Comonly called by the Name of the Little Farme measuring two hundred Acres more or less of Upland and Meadow according as the Same was fenced and Inclosed from the farms and Lands in the Occupaton and Improvment of Lt John Smith, Jeremiah Belcher & Ja : Townsend being all formerly the farms & Lands of Richª Bellingham Esqr deceas! & as this hath for many years past been held & Occupyed by the sª William Eustace, the Sea or Creek being the boundary thereof on the South Easterly Side, Together with all Housing Barns Stables Edifices building fences trees Timbers Woods Underwood & Stones lyeing Standing or growing upon the sd Farm & on any part thereof; And One Acre and half of Land more or less where the Clay pits are In- elosed between sd farme and Lt Smiths Corn field, All wch sd Premises were bargained & Sold by Richard Wharton late of Boston aforesª Merch! Unto Edward Thomas Agent for the sd Robert Thomson to and for the Use of the sd Robert Thomson his heirs & Assignes for Ever for the Valuable Consideraton of three hundred pounds Currt money of New England, As in And by A Deed of Sale under the hand & Seal of sd Richard Wharton dated the fifteenth day of March 1685/6 here in Court produced, may appear . And which of Right belong unto the Pl! Executor as afores! Nevertheless the sd Sarah Eustace withholdeth & refuseth to render to the Plt possession of the Same (tho' often demanded of her.)
The Deft pleads Shee holds the Land Sued for as Tenn! under the Executors of Eliza : - Bellingham & therefore is not Guilty of the Trespasse as set forth in the Writt.
-
-
491
APPENDIX 5
CHAP. XI]
Which is to the damage of the said Joseph Thomson Exec's as aforesaid Plt the Sum of five hundred Pounds, As shall then and there appear, with other due Damages : and have you there this Writt, with your doings therein. Witness Elisha Hutchinson, Esq. At Boston this fifth Day of March In the Twelfth Year of Our Reign, Annoque Domini 1986
Addington Davenport Cler.
Sufolke ss March, 21 : 1988
I have Attached ye Body of the wthin mentioned Sarah Eustice and haue taken Bond
SamIl Gookin Sherrife
Know All Men by these presents that I the wthin mentioned Sarah Eustice Am firmly Bound to Sam" Gookin Sherrife of Said County In the full Sum of five hundred pounds mony On Condi- tion that I the Said Eustice doe appear at ye next Inferiour Court of Comon Pleas to be holden at Boston for sd County on the First Tuesday in Aprill next then And there to Answer to the wthin Mentioned Joseph Thompson In an Action of trespass As May in the within written precept Now at Large Appear and not Depart without License from sd Court
Her
Sarah
Eustice
Mark
Power of Attorney Joseph Thompson to Thomas Banister 4
(Loc Sigil)
By this Publique Instrument of Procuration, or Letter of Attorney. Be it known & manifest unto all People , That on ye Eleventh day of July Anno Domini 1698 & in ye Tenth year of ye Reign of William ye Third, King of England &c before me Wil- liam Scorey, Notary Publique, admitted & Sworn, Dwelling in London & in ye Presence of ye Witnesses after Named Per- sonally appeared Mr Joseph Thompson of London aforesª Mer- chant which Appearer In his own Particular name, & as he is Execut! of ye last will & Testament of his Late Father Rob! Thompson decd ( in ye first place ratifying & approving ye Procu- ration or Letter of Attorney by him given to Thomas Banister of Boston in New-England, Mercht passed before me Notary, on or about ye Thirtyeth Day of July Anno 1697, and all matters and
4 Suff. Early Court Files. No. 4639. Paper No. 5.
492
HISTORY OF CHELSEA
[CHAP. XI
things which ye said Mr Banister hatlı done, or shall do, or cause to be done by vertue of ye Same) Doth by these Presents also Nominate, Constitute and appoint ye Said Thomas Bannister to be his Truc & Lawfull Attorney, Giveing unto him full Power and Authority to demand recover, receive & take Possession (either amicably or by due order & Course of Law ) Of any Lands Tenemts Hereditamts or other Estate whatsoever appertaining to the Said Constituant in New-England aforesaid, either in his own right; or as he is Execut! as aforest of the last Will of his said dec! Father Robert Thomson, & having so Taken Possession of ye Same the[re]with to do, & thereof to dispose according to ye orders & directions of the said Constituant, upon ye recov'rys & Reccipts to make & give due and sufficient acquittances & discharges. Giv- ing, & by these presents granting to his said Attorney his full & whole Power & Authority in ye Premises (as well Judicial as Extrajudicial) to do, say, Transact, & accomplish wtsoever the said Constituant himself might or could do Personally. He hereby promising to hold & ratify & for Good & valid whatsoever his said Attorney shall Lawfully do, or cause to be done by Virtue of these presents. In Witness whereof the said Constituant hath hereunto put his hand & Seal ye day And year first above Written in ye presence of Jnº Ruek & Jeremiah Colborne Witnesses Jnº Ruck, Jer : Colborne, Joseph Thomson & Sigil
(Loc Sigil.)
In Testimonium Veritatis Guil : Scorey . Notius Pubus 1698
Also Sealed & deld by ye said Joseph Thompson in ye Presenee of us
Deodat Lawson John Foye
Suffolk ss.
Capt John Foye Personally appearing made Oath, That he was present, & did See the above named Joseph Thomson Seal & deliver the above written Instrument as his Act & Deed, & that he Subscribed his name as a Witness thereunto. Jurata Coram Jer . Dumer Just. Pae :
Boston April 4th 1699.
A true Copy, as appears of File. Exam! Per Addington Davenport Cler.5
5 Endorsed: " Jos : Thompson's Lt of Attorney to Tho: Banister. Copia."
1
.
493
APPENDIX 5
CHAP. XI]
Judgment in the Court of Common Pleas 6
Suffolk ss.
At an Inferiour Court of Comon Pleas holden at Boston for ye County afores! on ye first Tuesday of April 1700. Present Elisha Hutchinson, John Foster, Isaac Addington, Peter Sergent EsqEs Justices . .. Joseph Thompson of London Merch! Exccut" of the last Will and Testament of his late father Robert Thomson deced Plt ĩ Sarah Eustace widow relict of William Eustace late of Winnisimet within the County of Suffolke deced - Deft In an Action of Tresspass upon the Case for withholding & refusing to render to the plt possession of a Certain ffarme or Tract of Land Scituate lying and being at Winnisimet within the Limits or pre- cincts of the Towne of Boston late in the Tenure & Occupation of William Eustace afores! deced commonly called by the name of the little Farme; Bounded and Measuring as in the Writ is more at large set forth; & all housing Barns Treis &ca lying standing or growing upon the same; And One Acre and halfe of Land more or less where the Clay Pits are inclosed between sd ffarme and Lt. Smiths Cornfield; all which sª premises were bargained and sold by Richard Wharton late of Boston afores! Merch! unto Edward Thomas Agent for the sd. Robert Thompson to and for the Use of the s! Robert Thompson his heires and Assignes for ever for the valuable consideration of Three hundred pounds currant moncy of New England; as in and by a Deed of Sale under the hand and Seal of sª Richard Wharton dated ye fifteenth day of March 1685/6, in Court produced may appear, and which of right belong unto the Plt Execut! as afores !; Nevertheless the sª Sarah Eustace withholdeth and refuseth to render to the plt possession of the same (thô often demanded of her) to his damage as he saith ffive hun- dred pounds. The Defendt appears by Joseph Hearne her At- tourney ; and pleads she holds the Land Sued for as Tenant under the Exec!s of Elizabeth Bellingham ; 7 and therefore is not Guilty of the Trespass as set forth in the Writ; Upon which issuc being joyned, the Case after a full hearing was committed to the Jury who were Sworne according to Law to try the same; and returned their Verdict therein upon Oath; that is to say; They find for the Defendant Costs of Suit; Jt's therefore Considered by the Court that the s! Sarah Eustace shall recover of the sd Joseph Thompson Costs of Suit. The plt by Thomas Banister his Attour- ney appealed from this Judgment unto the next Superiour Court
6 Court Records, 1699-1701, p. 33.
7 For the death of Elizabeth Bellingham, see infra, p. 498; for her will, see infra, p. 509.
494
HISTORY OF CHELSEA
[CHAP. XI
of Judicature to be holden for this County; & entred into Recog- nizance with Suretys as the Law directs for prosecuting his Appeal with effect. 2 Jury.8
Judgment in the Superiour Court of Judicature º
Suffolk ss.
At his Majestys Superiour Court of Judieature Court of Assize and Generale Goalc Delivery held at Boston for the County of Suffolke on the first Tuesday in May 1700 being the 7th day of s! month. Present the Honble Wm Stoughton, Waitt Winthrop, Elisha Cooke, and Samuel Scwall Esq's Justices . . . Joseph Thompson of London Mercht Executor of the last Will and Testa- ment of his late Father Robert Thompson decd Appl! Against Sarah Eustace Widdow Relict of William Eustace late of Winnisim- met within the County of Suffolke deced - Defend! - From the Judgmt of an Inferiour Court of Common Pleas holden at Boston on the first Tuesday of April last past; Jn an Action of Tresspass upon the Case then and there commenced and prosecuted by the sª Joseph Thompson against the sd Sarah Eustace for withholding from ye Plt the possession of a certain ffarme or Tract of land 10 . . to his damage (as he saith) five hundred pounds. At which sd Court Judgment was rendered for ye Defend for Costs of Suit. Both parties now appeared by their Attorneys. The Writ, Infe- riour Courts Judgmt Reasons of Appeal, Plcas Evidences Deeds and allegations on both sides being fully heard the whole was com- mitted to the Jury, who were Sworne to try the same, and Returned their Verdict therein upon Oath that is to say, They find for the Aplt a Reversion of the former Judgmt the house & Land Sued for and Costs of Courts. Its therefore Considered by the Court that the sd Joseph Thompson Executor as a foresd shall recover of the sd Sarah Eustace the house and Land Sued for and Costs of Courts, taxed at Six pounds four Shillings and ten pencc.
2d Jury.11 (In the margin of record :) Execution Jssued out May . 13. 1700.]
8 The second jury of trials: William Welsteed, Jr., Foreman, Francis Clarke, Samuel Wentworth, Thomas Vering, James Pierpont, John Battle, Samuel Bacon, John Ruggles, Samuel Whitmarsh, Mathew Cushing, Joshua Hearsey, George Humphrys.
9 Court Records, iii. 6.
10 Recites verbatim the record in the lower court.
11 The second jury of trials: David Jeffrys, Foreman, John Mico, Thomas Hutchinson, William Harris, Elisha Bullen, Joshuah Scver, Samuel Rob- binson, James Tucker, Jonathan Padlefoot, Thomas Thaxter, Samuel Guild.
-
495
BELLINGHAM'S ESTATE BY DESCENT
CHAP. XII]
.
CHAPTER XII
GOVERNOR BELLINGHAM'S ESTATE BY DESCENT
THE last chapter closed for the present the history of the litigation over Governor Bellingham's will, and we now trace the title of his estate at Winnisimmet by descent or conveyance. When the Governor's will was set aside in 1676, his estates descended to Dr. Samuel Bellingham, his son and only heir, subject to the widow's dower, but under the cloud raised by James Allen and others, trustees, still claiming under the will. As Samuel Bellingham was living abroad, the property, after Richard Wharton's death in London May 14, 1689, fell into disorder, as appears from the petition of the Governor's widow : 1
To his Excelency the Govr, Councill & Representatives as- sembled in Gen" Court, Nou. 8. 1693.
The Petition of Penelope Bellingham Relict of Richard Belling- ham, Esqr late of Boston Deceased
Humbly sheweth :
That wheras the said Richd Bellingham being seized in ffee simple of sundry lands & Tenements sittuate lying & being within the Township of Boston to wit : four ffarmes at Winnesimett besides his house and Lands in Boston Died Intestate whereby the same Descended to his only son Samuel Bellingham Esq" who then was & still is in Holland or in the Parts beyond the Seas, sence which time Part of the said Lands hath been in the ocupation of your Petitioner as her Dower, & other Part of the said Lands viz three of the said ffarmes hath been in the Managment of Mr Richard Wharton as his the sd Samuell Bellingham atturney who
1 Mass. Archives, xvi. 492. [Feb. 19, 1689/90, Samuel Sewall wrote Mr. Mather in England: "Madam Bellingham desired me to entreat your enquiry after Mr. Samuel Bellingham in Germany, and give him notice, that Mr. Wharton being dead, twill be necessary to constitute another Attorney to look after his Concerns here, which will otherwise ly at sixes and sevens, and several years Rent being behind, much of it will be in danger to be lost: Best to make the Letter of Attorney to two persons. .. . " (Sewall's Letter-Book in 6 Mass. Hist. Soc. Coll., i. 99.]
496
HISTORY OF CHELSEA
[CHAP. XII
is also deceased soe that there is Now noe p'son in New England nearrer Related to the said Samuel Bellingham then your Peti- tioner & the said Samuel Bellingham being not only beyond the seas but also much Indisposed for the managment of his Estatc. The said ffarmes going to Deeay & in danger in short time to be lost & the said Samuell Bellingham & his heires Disinherited of them
Your Petitioner therefore Humbly Prays That by an act of this Great & Gen" Court the said Lands may be put into the hands or Manigment of your Petitioner for the use of the said Bellingham. And she enabled to Recoucr & Receiuc the Rents - Putt the farmes into Repair & prescrue them for the said Samuel Bellingham or 'his heircs, vntill he or they shall Come or send And to be account- able to the said Samuel Bellingham his heircs or assignes Touch- ing her Managment of the same
And your Petitionr shall euer Pray as in Duty &c [Endorsed on lower left hand corner : ]
Rcad 24º Novr.
Penelope Bclingham.
[Endorsed on the back :] Read first time 27th of Novbr 1693 . Rcad 2 time 28.
I find no action on this petition.
THE BELLINGHAM ESTATES IN THE ENGLISH COURT OF CHANCERY
Between Penelope Bellingham's petition in 1693 and December, 1701, cireumstanees transferred the affairs of the Bellingham estates from the General Court in Boston, to the High Court of Chancery in London. The circumstances were thesc: Samuel Bellingham, then residing in London and contemplating marriage with Elizabeth Savage, a London widow, conformably to Articles of Agreement Mareh 30, 1695,2 made a marriage settlement with her,3 dated April 16, 1695, by which "in Consideration of the said Intended Marraige and for a Competent & Sufficient Main- tainance for the said Elizabeth," all his New England estates were eonvcyed to Edward Hull and John Shelton in trust for
2 Recorded April 10, 1701, with Suff. Deeds, L. 20, f. 237.
3 Recorded May 13, 1702. Ibid., L. 21, f. 18. Among the American witnesses to the execution of this instrument in London were Benjamin Lynde, then a student of law in the Temple, afterwards Chief Justice of Massachusetts; J. Winthrop; and Jahleel Brenton, a name famous in Colonial and English naval history. "Gleaner " says: - " This I sup- pose to be one of the most venerable marriage settlements on our records." (Boston Rec. Com. Rep., v. 85.)
₼
1
497
BELLINGHAM'S ESTATE BY DESCENT
CHAP. XII]
Samuel Bellingham and his heirs until the marriage, and there- after in trust for such persons and their heirs and for such estates, as the said Elizabeth, whether sole or married, with or without the consent of her husband, should by any writing, or by her last will in writing, at any time direct, limit or appoint; and in the absence of such will or writing, then in trust for her sole and separate benefit, her heirs and assigns without any control of Sam- uel Bellingham.4 The estates Samuel Bellingham settled upon his wife, which soon after her death passed to her family to the exclusion of his only daughter,5 were among the most valuable in Massachusetts.6
4
4 Samuel Bellingham, May 11, 1696, revoking the power to Nathaniel Newdigate, gave one to his wife to collect from Richard Smith, Jeremialı Belcher, and Nicholas Rice, tenants of the Winnisimmet farms, the rents accrued before the marriage settlement. [It was a full power of attorney as to his New England estates that Samuel Bellingham gave his wife. It enabled her to bring suit in his name in the courts. Supra, p. 483.] A mem- orandum dated December 1, 1696 (infra, p. 507), records that Joseph Hiller, attorney of Samuel Bellingham, entered upon the Smith farm (near the ferry in Winnisimmet) and in the mansion house thereof gave possession of all the estates mentioned in the marriage settlement, to Newdigate as attorney of Hull and Shelton, trustees. [Mrs. Elizabeth Bellingham was present and also, the memorandum stated, received possession.] Also Jeremiah Belcher and Sarah his wife and John Center, [who] held the [farm later known as the] Carter farm by lease from Richard Bellingham for the lives of Sarah Belcher and John Center at the annual rent of £10, [ consented to] attorn to [Hull and Shelton feoffees of Dr. Samuel Belling- ham in trust for Mrs.] Elizabeth Bellingham. Some difficulty arose at a later date, from a failure to record the trust deeds, as appears from the deposition of Nathaniel Newdigate, infra, p. 511; also pp. 515, 521.
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