Documentary history of Chelsea : including the Boston precincts of Winnisimmet, Rumney Marsh, and Pullen Point, 1624-1824, vol 1, Part 50

Author: Chamberlain, Mellen, 1821-1900; Watts, Jenny C. (Jenny Chamberlain); Cutter, William Richard, 1847-1918; Massachusetts Historical Society
Publication date: 1908
Publisher: Boston : Printed for the Massachusetts Historical Society
Number of Pages: 762


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 50


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' [See infra, p. 499, note 18, mention of an agreement between Edward and Rebecca Watts and Dr. Samuel Bellingham in the interest of his daughter Elizabeth.]


6 They included the greater part of the present city of Chelsea; eight hundred acres " near the great Pond of Enon," the pond between Andover, Salem, and Rowley (now Wenham Lake [see infra, p. 504, note 5]) ; two acres on Boston neck " Adjoining to Angeloes house "; a " parcel of Land being a side of a hill and adjoining to a hill formerly belonging to Mr. Cot- ton "; marshland adjoining the lands late of James Everill [ibid., note 6]; and the homestead of Governor Bellingham near the Cotton estate; to- gether with all other estates, ferries, and land in or near Boston belong- ing to the late governor, subject however to whatever might be the life interest of Madam Penelope Bellingham, the governor's widow, in the Townsend, or Cary, farm, and in her Boston residence, for the title to which in Samuel Sewall, see his Diary, i. 60. [Title to the mansion house of Governor Bellingham, in which his widow lived until her deatlı, was conveyed to Joseph Hiller by Edward and Rebecca Watts and Eliza- beth Bellingham in 1709. (Suff. Deeds, L. 25, f. 130.) The house was on " the great Street leading from the Town Dock towards the Old Meeting house " (Boston Rec. Com. Rep., xxix. 184), that is, on Washington Street VOL. I .- 32


498


HISTORY OF CHELSEA


[CHAP. XII


Elizabeth Bellingham, a capable business woman, came to Bos- ton in 1696, to look after her property.7 She was in Boston about a year. Sewall, May 16th, 1698, records her fate : " Updike arrived a little before at Marblehead, and brings the news of the Joseph Gally being east away on the coast of Ireland and all the persons in her lost. Madam Bellingham one: Sail'd from hence the 8th of November," 8


Before sailing for England she made her will, found in the appendix.º Sometime after her death controversy arose both in respect to the will and the trust deed to Hull and Shelton. Was the will, being that of a married woman, valid as the law then stood ; and if not, could it take effect as an appointment in writing to carry the estates agreeably to the marriage settlement? And as to the deed, - did the trusts terminate on the solemnization of the marriage,10 or follow the property to secure the rights of the children of Edward Watts, residuary devisees and minors? For if the will as sueh, or as an appointment in writing, was invalid, and the trusts ceased with the marriage, then Edward Watts and his wife Rebeeca, sister and sole heiress of Elizabeth Bellingham, took the estates in fee. Otherwise Edward Watts and his wife's interests in them were subject to the trusts and the equitable rights of their minor children. As this cloud upon their title interfered with the sale of the property and the collection of the rents, Edward and Rebecca Watts at the Trinity Term 1700, sought relief in the Court of Chancery by a Bill against Hull and Shelton, the trustees, the nature of which appears in the decree, December 6, 1701, by Sir Nathan Wright, Lord Keeper, deelaring the will void, discharging the trustees from further trust, and order- ing them to convey the Bellingham estates to the complainants, who were to be accounted with for the mesne rents and profits.11


near Cornhill. The land which Sewall purchased was the half acre of land mentioned above on "Cotton " Hill; there was no house on the land. Sewall's Letter-Book in 6 Coll. Mass. Hist. Soc., i. 158-160; Suff. Deeds, L. 14, ff. 439-443; L. 21, ff. 110-112; " Gleaner " in Boston Rec. Com. Rep., v. 84-94.] His [Governor Bellingham's] estates, [personal and real], were appraised at £3,244-3-7, and the Winnisimmet farms at £1,920. [The Rice or Eustace farm, valued in the inventory at £320, had been assigned to Richard Wharton in 1683 in settlement of his accounts, as evidenced in the previous chapter.]


She dined with Sewall November 20, 1696, and a month later, having looked into her affairs a little, gave him the " upbraiding " in relation to Wharton's judgment for the Eustace farm, noticed above. Supra, p. 470.


8 Sewall, Diary, i. 479.


9 Infra, p. 509.


10 [See the deed, infra, p. 505.]


11 For the decree, see infra, p. 513.


499


CHAP. XII] BELLINGHAM'S ESTATE BY DESCENT


This would seem to have ended all controversy between the parties ; but it was otherwise for reasons not now apparent, unless in the suggestion that the proceedings before Sir Nathan Wright were collusive.12 But whatever the reasons may have been (aside from those assigned in their bill below) Edward and Rebecca Watts brought a new bill against Hull and Shelton,13 on which they obtained the opinion of William Cowper afterwards Lord Chancellor, and of John Danyell a counsellor of note, dated respec- tively May 9 and June 17, 1702, which with the case will be found in the appendix.14 The result of these proceedings I am unable to state; but a few months later, September 5th, the trustees con- veyed the Bellingham estates to Edward and Rebecca Watts agree- ably to the marriage settlement of April 16, 1695.15 Samuel Bellingham died in 1700 16 before the determination of the proceedings.


Notwithstanding the opinions of Cowper and Danyell given in the summer of 1702 Hull and Shelton, trustee, September 5th of the same year, as has been said, conveyed the estates to Edward and Rebecca Watts, but to the same uses and trusts as are set forth in the marriage settlement.17 The result, quite likely con- trary to the intentions of the parties, was, that Samuel Bellingham gave the whole estate to the sister of his wife, excluding himself and his daughter.18


12 [Infra, note 18.]


13 [Apparently another suit was not brought against Hull and Shel-


ton ; the opinions of Cowper and Danyell were unfavorable. Infra, note 18.]


14 Every document in this case, except a copy of the final decree of the Lord Keeper, lies buried two centuries deep among the rolls of the Court of Chancery; but some facts appear by way of recital in a case stated for the opinions of William Cowper and Counsellor Danyell, which with other interesting papers were brought to Boston by Edward Watts about 1710, and are now in my possession. The case and the opinions are not easily summarized nor elsewhere found; and as one of the counsel was of great distinction, and the papers themselves, if not unique, are at least very rare in early Massachusetts proceedings, I give them in full. Infra, p. 517.


15 See the deed, infra, p. 521.


16 In a letter dated Xr. 26, 1700, to Nathanael Higginson, Samuel Sewall writes, " I would only hint, that it is not unlikely but that Win- isimet may come to be sold, which is a very pleasant and profitable Situa- tion. Mr. Jno. Ive or Mr. Wharton may shew you Madam Elsa. Bellingham, the Heir." Letter-Book, in 6 Coll. Mass. Hist. Soc., i. 249.


17 See the deed, infra, p. 521.


18 [April 25, 1699, Samuel Bellingham and his daughter Elizabeth signed an agreement with Edward and Rebecca Watts. This document has not been found; but among its provisions was one by which a certain proportion of the proceeds from the rental or sale of the estates was to be


500


HISTORY OF CHELSEA


[CHAP. XII


paid Elizabeth Bellingham. (Suff. Deeds, L. 30, f. 62; Suff. Early Court Files, No. 6949, Paper 5; Chamberlain MSS., i. 107-109, 113.) July 15, 1699, a decree was rendered by the Court of Chancery in a suit in which Edward and Rebecca Watts were the defendants and Samuel Bellingham was the plaintiff, the latter holding under his wife's will a life interest in the estates. In this suit the will of Mrs. Elizabeth Bellingham was brought in question, and deelared null and void; Rebecca Watts was recognized by the court as the heiress at law of her sister Mrs. Bellingham, deeeased. (Infra, p. 518.) But John Shelton and Edward Hull, in whom the trust title was vested, insisted that though invalid as a will, Mrs. Bell- ingham's devise was valid as an appointment of the trust. Aeeordingly Edward and Rebecea Watts exhibited a Bill of Complaint in the Court of Chaneery against Hull and Shelton. The latter did not have the deeds of the marriage settlement of 1695 in their keeping; nor had these deeds been recorded in Massachusetts. They instituted proceedings at the January term of the Inferior Court of Common Pleas for Suffolk County, Massa- ehusetts, against Joseph Hiller to secure possession of the deeds, which, as their attorney, Nathaniel Newdigate deposed, had been left in the eare of Joseph Hiller by Mrs. Elizabeth Bellingham in 1697. (Infra, p. 511.) Nevertheless Hull and Shelton did not produce the deeds of settlement in the Court of Chaneery. Thereupon Sir Nathan Wright ordered them to convey the legal title to the estates to Edward and Rebeeea Watts, but left untouched the question as to the equitable title, - that is, he ordered " that the said Defts do Execute unto the Complts a Conveyance of the said prem- isses aeeording to the Settlement made upon the Marriage of the said Samuel Bellingham with Elizabeth his Wife And it is hereby Deereed That the said Complts Do hold and Enjoy the said Estate aeeordingly." (December 6, 1701.) This enabled Edward and Rebeca Watts to take possession of the estates, and eolleet the rents, but bloeked sales. Hence they made a statement of the ease to two lawyers, William Cowper and John Danyell, to aseertain whether there was a possibility of obtaining full title to the estates. The lawyers' opinions were unfavorable, and in September, 1702, Edward and Rebeeea Watts aeeepted a deed from Hull and Shelton aeeording to the deeree above cited.


Although the will of Mrs. Elizabeth Bellingham gave to friends in New England legaeies aggregating £95, and ten pounds a year for ten years to Harvard College, and to relatives in England, outside the family of Edward and Rebeeea Watts, legaeies aggregating £115, and an annuity of £10, each individual legaey was small and, so far as is known, the legatees made no effort to enforee their elaims in the eourts. The legal obstacle to a full title was the minority of the children of Edward and Rebeeea Watts. Evidenee of this legal eomplieation is seen in the following deeds. January 7, 1711/12, Andrew Beleher purehased the pasture at the South End of Boston. Edward and Rebeeea Watts gave a warranty deed (Suff. Deeds, L. 26, f. 100) and Miss Elizabeth Bellingham a quitelaim deed (ibid., L. 27, f. 21). Rebeeea Watts in her last will and testament en- joined her son Edward, residuary legatee under the will of his aunt Mrs. Samuel Bellingham, to execute a deed eonfirming this sale. Oetober 14, 1715, after the attainment of his majority, he did so (ibid., L. 39, f. 73). Title to the mansion house of Governor Bellingham passed by similar eonveyanees to Joseph Hiller (ibid., L. 25, f. 130; Boston Ree. Com. Rep., xxix. 183, 184).


November 1, 1715, Samuel Bellingham's daughter Elizabeth quitelaimed


-


501


CHAP. XII] BELLINGHAM'S ESTATE BY DESCENT


her rights under the agreement of April 25, 1699, for £80 in cash, and an annuity of £50 a year secured by a mortgage on the Townsend farm at Winnisimmet. (Suff. Deeds, L. 30, f. 62.) See her receipts for this annuity in Chamberlain MSS., i. 123-157. According to the writ of September 19, 1757, she died February 3, 1745 (1746?). Infra, p. 611.]


502


HISTORY OF CHELSEA


[CHAP. XII


APPENDIX


THE MARRIAGE SETTLEMENT


THIS Indenture, Tripartite 1 made the Sixteenth day of April Anno Domini 1695. and in the Seventh year of the Reign of our Soveraign Lord William The Third by the Grace of God of Eng- land Scotland ffrance & Jreland King Defender of the ffaith ; Betweene Samuel Bellingham of the Parish of St Anne West- niister in the County of Middlesex Esq" Son & heir of Richard Bellingham; Late of Boston in Massachusetts Bay in N England Esq" Deced of ye first part, Elizabeth Savage of the Parrish of St Anne Westminster aforesd Widow of ye Second part and Edward Hull Citizen & Habadasher of London and John Shelton Cytyzen & Sadler of London of the third part, Whereas a Marraige is Jntended by Gods permission Shortly to be had & Solemnized between the sd Samuel Bellingham & Elizabeth Savage, Now This Indenture Witnesseth That in Consideration of the Said Intended Marraige and for a Competent & Sufficient Maintainance for the


1 [This indenture was preceded by (1) the "Articles of Agrcement Tripartite Indented " between Samuel Bellingham, Elizabeth Savage, and Edward Hull and John Shelton, dated March 30, 1695. December 16, 1695, Richard Foster took oath before Isaac Addington, Justice of the Peace, to the signature of Edward Hull. April 2, 1701, Benjamin Lynde, as witness, gave oath before Isaac Addington to the signatures of Samuel Bellingham, Elizabeth Savage, and John Shelton; and Nathaniel Newdi- gate to the signatures of Elizabeth Savage and John Shelton. April 10, 1701, this indenture was recorded in Suff. Deeds, L. 20, ff. 237-240. (2) Samuel Bellingham to Hull and Shelton April 15, 1695, an indenture of lease for six months " To the Intent and purpose that by force hercof and of the Statute for Transferring Vses into possession in that behalf made & provided they the said Edward Hull & John Shelton may be in the actuall possession of all & Singular the pmisses, and may be Enabled to accept a grant and release of the revercon & Inheritance thereof to them their heirs & assignes for Ever; Yeilding & paying therefore the Rent of one pepper Corn on the feast of St Michaels the Arch Angell Next Ensueing the date of these presents if the Same Shall bee Lawfully demanded and no inore." April 2, 1701, Benj. Lynde made oath to the signature of Samuel Bellingham before Isaac Addington in Boston; at the October term of the County Court in 1701 he repeated his oath. May 13, 1702, the lease was recorded in Suff. Deeds, L. 21, ff. 22-24.]


503


APPENDIX


CHAP. XII]


said Elizabeth Savage Jn case the sd Intended Marriage be had, and for Setling granting & assureing the Messuages grounds Lands Tenemts and hereditamts here in after mentioned or Jn- tended to be hereby granted To the use upon the Trusts and to the Jntents & purposes herein after mentioned and declared con- cerning the Same; and in persuance of Certain Articles of Agree- ment bearing date the thirtyeth day of March Last past before ye date of these presents made or mention'd to be made between the sd. Samuel Bellingham of the first part, the said Elizabeth Savage of the second part, and the sd Edward Hull & John Shelton of the Third part; and for and in Consideration of five Shillings of Law- full money of England to him the said Samuel Bellingham in hand at or before the Ensealing & delivery of these presents by the said Edward Hull & John Shelton paid, The receipt whereof is hereby Acknowledged; he the said Samuel Bellingham hath granted bargained sold aliened released enffeoffed & confirmed and by these Psents Doth grant bargaine sell aliene release enfeoffe & confirm unto the said Edward Hull & John Shelton and their lieires All that Messuage pcell of Land or Tenemt. Scittuate Lying & being at a place or Towne Called Winnesimet within his Majtys. Province or Collony of Massachusetts Bay in NEngland, and now or Late in the Tenure or Occupation of Richard 2 Smith his Vnder Tenants or assignes and Sometime Called Smiths ffarme and also one Other Messuage parcel of Land or Tenemt. at Winisimet aforesd. now or late in the Tenure or Occupation of Jeremiah Belcher his under Tenants or assignes; and also one Other Mes- suage or Tenemt. with ye. appurces. at Winnisimet aforesd. now or Late in the Tenure or Occupation of Nicholas Ryce 3 his under Tenants or assignes ; and also one Other Messuage or Tenemt. with the appurces. at Winnisimet aforesd. now or Late in the Tenure or Occupation of Samuel Townsend his Vndertenants, (Jn which Last mentioned Lands or Tenemts. Penelope Bellingham Mother Jn Law of the Said Samuel Bellingham hath an Estate for Life or Some Estate determinable by her Death)4 And also all that parcel or parcels of Land near the great Pond of Enon in the said Province or Collony of Massachusetts Bay in NEngland Contain-


2 [Francis Smith and John Smith are the names elsewhere connected with the Ferry farm. John Smith was tenant in 1672, and was succeeded by his son-in-law John Brintnall, who remained on the farm until Edward Watts came there to live. See supra, pp. 296, 319, 320.]


3 [Nicholas Rice left the farm in 1673 or 1674. This farm was ad- judged to Richard Wharton in 1683. Supra, pp. 439, 469.]


4 [This reservation was not inserted in the Articles of Agreement of March 30.]


504


IHISTORY OF CHELSEA


[CHAP. XII


ing by Estimacon Eight hundred acres be the Same more or Less Together with the said Pond.5 and also one peice or parcel of pasture Land Containing Two acres be it more or Less Adjoining to Angeloes house & near Mr. Colborns Lands Lying at ye South End of The Town of Boston in the said Province or Collony of Massachusetts Bay in NEngland; and also one peice or percel of Land being a Side of a hill and adjoining to a hill formerly belonging to Mr. Cotton in the said Town of Boston. And also one peice or parcel of Marsh Land adjoining to the Lands late of James Everill in the sd. Town of Boston.6 And also all the right title Interest Estate claim & demand of him the sd. Samuel Bel- lingham in & to one Messuage or Tenemt. in ye sd Town of Boston formerly the Dwelling house of his said Father Richard Belling- ham now or late in the possession of Penelope Bellingham ; 7 To- gether with all ye. grounds Sellers Shops and Other appurces. whatsoever thereunto belonging or appertaing. And all & Sin- gular Other the Messuages ffarmes Lands grounds tenemts. & hereditamts : whatsoever of him the sd Samuel Bellingham in possession revertion remainder or Expectancey or whereof or wherein he the sd. Samuel Bellingham hath any Estate of freehold or Inheritance in possession or revertion 7 Seittuate Lying and being in or near the said Town of Boston or in the sd. Province or Colony of Massachusets Bay or Elsewhere in his Majtys. Said Ter- ritory & Dominion of NEngland - Together with all woods wood grounds waters fferry's rights Royaltys & Jurisdictions whatsoever to the sd. Messuages ffarmes & Pmisses belonging or in any wise


6 [This does not appear in the inventory of Governor Bellingham's estate. Samuel Bellingham refers doubtless to the farm of 800 acres laid out to Governor Bellingham in 1639, and again in 1662. It lay between " Andiuer, Salem & Rouley," and was sold by him to Bray Wilkins and John Gingle March 9, 1659/60. The last instalment on the mortgage from Wilkins and Gingle was paid in 1676, and accounted for in Richard Wharton's account given in the previous chapter. This was not near Wenham Lake (supra, p. 497). It was the Wills Hill farm, the situation of which is shown on W. P. Upham's map of Salem Village. The pond is there marked as " Wilkins Pond." Samuel Bellingham, it will be noted, conveyed 800 acres near the pond "Together with the said Pond." Wen- ham Lake never belonged to Governor Bellingham or his son. C. W. Upham, Salem Witchcraft, i. pp. xviii (map), 143-145; Mass. Col. Rec., iv. Pt. ii. pp. 51, 63, 64.]


[Title to this was conveyed by Governor Bellingham to James Everell January 13, 1656/7, subject to a mortgage, which was released by the executors of Governor Bellingham, March 3, 1672/3. Suff. Deeds, L. 2, ff. 338-341.]


1 [This last clause was not in the Articles of Agreement of March 30.]


505


APPENDIX


CHAP. XII]


appertaining 8 And the revercon and revercons remainder & re- mnainders rents Issues & profits of all & Singular the Pmisses 8 and also all the Estate, right, title, Interest benifit Trust elaim & demand whatsoever both in Law and Equity of him the sd. Samuel Bellingham of into & out of the Pmisses and of into & out of Every part & parcel thereof TO HAVE & TO HOLD The sd. Messuages, ffarmes Lands Tenemts. hereditamts. and all &' Singular the Pmisses herein before mentioncd or Intended to be hereby granted & Every part thereof with their appurces., unto the Said Edward Hull and John Shelton their heirs & assignes, To the use of the said Edward Hull and John Shelton their heirs & assignes forEver, Vpon the Trusts and to the Intents & pur- poses herein after mentioned expressed & declared (That is to Say) In Trust for the sd. Samuel Bellingham and his heirs untill the said Marraige Shall be had or Solempnized and from & after the Solempnization of the said Intended Marraige Then Jn Trust for such person or persons and their heires for such Estate & Estates and in such manner & forme as the said Elizabeth Savage wether Sole or Marryed and as well Sole as Marryed with or without the Consent of her husband shall by any writing or writings or by her Last Will & Testamt. in writing or any writings purporting her Last Will & Testamt to be by her Signed & Sealed in the presence of three or more Credible Witnesses at any time or times name direct Limitt or appoint, and for want of such Nomination direc- tion limitation or appointmt. and untill some such direction Lim- itation or appointmt. shall be made & take Effect, Jn Trust for & for the Sole and Seperate benifit of the said Elizabeth Savage her heirs & assignes without any Controule or Jnterrmedling of the said Samuel Bellingham and to & for no Other use Trust Interest or purpose whatsoever; And that the sd. Edward Hull & John Shelton shall Employ & dispose of the rents Jssues & proffitts of ye: sd.premisses and Every part & percel of them in such manner as the sd. Elizabeth Savage by any writing under her hand shall direct & appoint; And the sd. Samuel Bellingham for himselfe his heirs Exeers. & Adınrs. and for Every of them doth Covenant promise & grant to & with the sd. Edward Hull & John Shelton their heirs & assignes by these presents in man- ner following (That is to Say) That they the said Edward Hull & John Shelton their heirs & assignes Shall or Lawfully may peaceably & quietly enter into have hold Oceupy possess & Enjoy all & Singular the Pmisses and receive & take ye: rents Jssues &


8 [These two clauses were not included March 30, the ferry rights not being specifically mentioned.]


506


HISTORY OF CHELSEA


[CHAP. XII


profits thereof upon the 'Trusts & to the Intents & purposes herein before mentioned and Expressed without any Lawfull Suit Lett hindrance or Interruption of or by the sd. Samuel Bellingham or his heirs or any Other person or persons Lawfully claiming to claim by from or under him them or any of them; And Lastly That he the sd. Samuel Bellingham and his heirs and all and Every . Other person & persons whosoever any Estate haveing or Lawfully claiming of into or out of ye Pmisses or of in to or out of Every or any part thereof by from or under him or them Shall and will from time to time and at all times hereafter at the reasonable request of the said Edward Hull & John Shelton or the Surviveour of them or the heirs of Such Survivcour doe make Levy Execute Acknowledge & Suffer or Cause or procure to be made done ac- knowledged Levyed & suffered all & Every such further & other Lawfull and reasonable Act & Acts dced & Deeds thing & things devices Conveyances and assurances in the Law whatsoever for the further better & more perfect & absolute assureing setling & confirming of all & Singular the premisses herein before mentioned and Every or any part thereof, To the uses upon the Trusts and to the Jntents & purposes herein before mentioned & Expressed con- cerning the same Bee it by ffine or fines Common recovery or recov- erys Decd or Deeds Inrolled or not Inrolled ye Jnrollment of these presents or otherwise as by the said Edward Hull and John Shel- ton their heirs or assignes or their or any of their Council Learned in the Law shall be reasonably devised or advised & required; In Witness whereof the partys first abovenamed have to these present Jndentures Interchangeably Sct their hands & Seals the day & year first abovewritten Samuel Bellingham & a Seal Elizabeth Savage & a Seal, Edward Hull & a Seal, John Shelton & a Seal. Sealed & delivered by ye. withinamed Samuel Belling- ham in the presence of, John Jacob, Richard Allen, Sampson Puller, William Barnard, Benjamin Lynde, Sealed & Delivered by ye. within named, Edward Hull in the presence of, J: Win- throp, Jahleel Brenton, Richard ffoster; Sealed & delivered by the within named Elizabeth Savage and John Shelton in presence of, Robert Wolley, John Jacob, Nath1. Newdigate Benja. Lynde ; Memorandum this Dced was Stamped with the Six penny Stamp, before the Scaling, John Jacob, Richard Allen, Sampson Puller, Boston in NEngland December 16th 1695. The abovenamed Richard ffoster psonally appearing before me the Subscriber one of the Council & Iustice of the Peace within his Majtys. Province of the Massachusetts Bay in NEngland made Oath that he was present & did see the within named Edward Hull Seal and deliver the within written Jnstrumt. as his aet & Deed and that he the




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