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 58
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585
CHAP. XVII] THE WILL IN TOWN MEETING
the town may have in the lands at Winisimett late the Estate of the Hon. Gov! Richard Bellingham Esq! by virtue of his Will - and Voted the Town pay the Charge thereof. Voted said Comee make report of their doings as soon as may be.
" The hon: Sam! Watts Esq! Daniel Watts Eben" Hough & Nath! Hasey entered their dissents to the above proceedings." 4
Samuel and Daniel Watts among the dissentients,5 were sons of Edward and Rebecca Watts. Both were men of great respectability, and the first was prominent in publie affairs as a member of the Council and a judge.6 Samuel and Daniel Watts doubtless believed, as was for their interest, that the governor's will was void, as had been declared by the General Court in 1676, and by the Superior Court in 1708. Thomas Goldthwait and many very respectable citizens of Boston thought otherwise, as will appear in the following extraets from the Chelsea Records :
March 17, 1757.7 "Voted Mes!'s Benjamin Brintnal and Samuel Pratt & be added to the Town's Committee heretofore
who signed the address to the General Court in June, 1709. (Supra, p. 574.) William Stoddard, also a resident of Boston, was a grandson of Anthony Stoddard, trustee under the Bellingham will, and a son of Simeon Stod- dard, who joincd Rev. James Allen in the effort to re-establish the will in 1706. (Supra, pp. 538, 540. ) ]
4 [This was the only business transacted. Once before, the preceding May, Thomas Goldthwait had served as moderator, Previously to that, with the exception of two town-meetings in 1748, one in 1749, one in 1752, and one in 1755, Hon. Samuel Watts had been moderator of every meeting of the town for eight years. ]
[Ebenezer Hough was son-in-law of Samuel Watts.]
6 Supra, pp. 338-342, 353-356.
7 [The annual town meeting, held March 14, was adjourned until March 17, and for the same date a town-meeting was summoned by warrant to provide for the supply of the pulpit and the raising of men for the war, and to consider "if the Town will add any persons to their Committee of Inquiry & to prosecute the Town's claim to the late Governor Bellingham's Estate." Thomas Goldthwait was chosen moderator March 14, and Hon. Samuel Watts was not re-elected selectman and town treasurer. Hc had served in the former capacity since 1740, except for five years between 1744 and 1749, and in the latter office since March, 1747. At the meeting in April Thomas Goldthwait was chosen moderator and was the first named on
8 [Residents of Chelsea and selectmen. They were the nearest neighbors of the Watts family, Brintnall living near the ferry on what is now the United States Hospital estate, Pratt on the farm north of Deacon Daniel Watts, in what is now Prattville.]
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HISTORY OF CHELSEA
[CHAP. XVII
chosen to inquire into, and prosecute the Town's claim to the late Gov! Bellingham's Estate By his last will."
May 16, 1757.º " Voted to raise forty pounds to prosecute the towns claim to the late Gov! Bellingham's estate at Winisimeti
a committee to settle accounts with Hon. Samuel Watts, the former town treasurer. From bills, writs, etc., preserved in Chamberlain MSS., vol. iii.,. it would appear that Richard Watts became financially involved about the year 1756 or 1757, and that bills payable then were not settled until the administrators of the estate of Richard, who died in 1771, had received his inheritance from Hon. Samuel Watts, who died in 1770. (See supra, p. 358.) This may have affected the standing of the family in the town. Also the town found its purchase of a parsonage financially burdensome, and, April 19, reversed its policy and voted to sell. See infra, the chapter on the church in Chelsea.]
9 [This was the annual town meeting for choosing a representative to the General Court. For the first time in seven years, the town voted to send one, and elected Thomas Goldthwait. This vote "was excepted against : Then voted to count the Voters which being done it appeared there were thirty nine persons present, who voted; Then it was asserted by severall that some, Mr Goldthwait said Six persons, were gone to Mr Houghs; and the Constable was order'd to desire them to return, who said they wou'd not come." Mr. Hough was a son-in-law of Hon. Samuel Watts, and lived near the church, where the town meeting was held. Thomas Goldthwait was chosen moderator for the remaining business of the day. The vote given in the text was then passed. As was customary, the select- men served as moderators during the election. Nathaniel Oliver, Esq., and " sundry others, Inhabitants of the Town of Chelsea " presented a memorial to the House of Representatives, complaining that the choice of Thomas Goldthwait as representative was illegal because of "the arbitrary and unjustifiable Proceedings of their Select - Men," of whom Thomas Gold- thwait was one, at the time of the election. The House ordered a hearing. On the day appointed Nathaniel Oliver and "sundry of the Subscribers to the Memorial," appeared and requested a postponement, as the witnesses to the facts complained of refused to attend unless legally summoned. The request was granted, and summons were issued by the Clerk of the House to " Nath. Holmes, Nath. Hasey, John Sargent, Ebenezer Hough, and Nath. Lewis, of Chelsea, and Capt. David Jenkins of Boston " to attend the House as witnesses. On June 2, after the case had been " fully heard," the House voted that the election of Thomas Goldthwait was not legal, and that he did not have " a Right to a Seat in the House." A precept for a new elec- tion was issued, and on June 9 the town meeting was held. It decided, by a vote of 28 to 19, to send a representative, and chose Thomas Goldthwait by a majority of thirteen. After this he represented the town in the General Court so long as he remained a resident of Chelsea. Two years later, at the annual meeting for the election of town officers, March, 1759, Nathaniel Oliver, Jr., presented to the moderator, Thomas Goldthwait, a protest against the presence of a civil officer, who was intended, he thought, to over- awe them. The dissenters then were Samuel Floyd, Nathaniel Oliver, Sr., Richard Watts, Nathaniel Hasey, Benjamin Tuttle, Ebenezer Hough, and John Brintnall.]
587
CHAP. XVII] THE WILL IN TOWN MEETING
and that the same be paid to the town's Comittee already chosen to prosecute the same to which M! N! Hasey entered his dissent."
At the same meeting was submitted the following:
" The Report of a Comtee chosen by the Town to enquire into and prosecute any Claim the sd Town may have to the Estate late of Gov! Bellingham lying in Winnisimmt. &cª
" We the Subscribers being a Comtee chosen by ye Town of Chel- sea to enquire into and prosecute any claim wch the sd Town may have to ye Estate late of Gov! Bellingham lying in Winnisimmit - We having examind ye last Will of sd Bellingham together wth Je Records and papers relative thereto & taken the Advice of three skilfull Lawyers upon them, are unanimously of Opinion, that ye sª Town of Chelsea hath a good Title to sd Estate for ye purposes mentiond in sª Will notwithstanding what has been done to nullify ye Same - Boston May 12 - 1757
Thomas Goldthwait Wm Stoddard
Thos Flucker Benj! Brentnall
David Jenkin Sam! Pratt
James Pitts Nath! Holmes "
The town records are silent for nearly three years. But during this time the committee, encouraged by the advice of " three skilfull Lawyers," whose names we do not learn, pushed matters vigorously and with success. They hunted up the heirs of James Allen, the surviving trustee under the will, in whom the fee vested, and in their names brought a suit in the Court of Common Pleas, where, as usual, they were successful. Thompson appealed to the Superior Court. The files contain nothing about this case, and the volumes of records in which the proceedings were entered were carried off at the commencement of the Revolutionary War, it is said.10 But the story is told in the Report which follows.
March 10, 1760.11 " Voted to Record the Report of the Commtte appointed to Examine and Prosecute the Towns Claim to Gov! Bellinghams Estate."
10 [The writ of attachment, found in the files of the Inferior Court of Common Pleas, in the basement of the Court House in Boston, is given infra, p. 610. The records of this lower court are missing, but the record on the appeal is given, infra, p. 612.]
11 [This was the annual town meeting; Thomas Goldthwait was moderator.]
588
HISTORY OF CHELSEA
[CHAP. XVII
Report of the Town's Committee 12
" The Committee appointed by the Town of Chelsea to examine into and Prosecute the said Towns Claim to the Estate of the Late Gov! Richard Bellingham, Deces?, lying in Chelsea Beg leave to make the following Report.
" 'That in Consequence of the advice of three well approved Law- yers who were employed in this Action, the Commtee applyd to M! John Allen and Mrs Hannah Danforth, to Abiel Walley Esq! Guardian to James, Wm and Jerh and Martha Allen to Jona Belcher Esq" who married M's Abigail Allen and to M! Jeremh Wheel- wright Grandson of Jeremnh Allen who were the Only heirs and De- sendants of the Revd James Allen who was the surviving Execut! and Feofee intrust to the aforesaid Richard Bellingham, and did obtain of sª Heirs by a writing under their hands and seals their Consent to have an Action brought in their Names for the Recov- ery of sd Estate and upon such Recovery that it should Revert to the Town of Chelsea to be applyd to the Pious Purposes mentiond in sª Bellingham's will. The Commtee then Commencd an Action at the Inf! Court of Common pleas held at Boston on the first Tuesday of Octob! in the Year A D 1757 against Joshua and Abigail Euestis of Chelsea for withholding One Farm which was part of sª Estate the s! Joshua and Abigail Alleged that they were only Tenants to Robart Thompson of London Esq! and Desire that he may have Liberty to Defend this Action, and Time Allow! him for that End, The Tryall was Accordingly Pospon'd three Terms and then it was heard and verry fully and Largly argued and Determin'd in favour of the Town of Chelsea, The said Thompson by his Attorney, Andw Oliver, Esq! then appealed to the next Superiour Court, But before the Action could be brought to a Tryall in sª Court, the aforementiond John Allen dyed and the Judges of sd Court determin'd that as One of the Plantiffs in sª Action was dead the Action could not go on; This obliged the Commtee to bring a new Action wch was done as Expediously as possable but before it could be brought to a Tryall the afore- mentiond Abiel Walley Esq5, who was a Plantiff in sd. Action died which again put a stop to the suit, The Commtee then Pre- paird to Renew the Action and intended it should be brought to the last Jnferiour Court, But just before the Court Jeremiah Allen, son to the above named John Allen and who was a Plan- tiff in the 2ª Action dyed and as Sarah Danforth aforementiond is above ninety years old and some others of sª Heirs are aged Per-
12 Chelsea Town Records, i. 71.
589
CHAP. XVII] THE WILL IN TOWN MEETING
sons, the Commtee Consulted their Lawyers upon Bringing the Action in some other way to obviate these impediments and after Deliberating this matter the Lawyers determind to bring the writ in another form, But as the Consent of all Mr : Allens heirs is Necessary to be first had and signed to a new Instrument the Commtee could not yet Act upon this new Plan and as the said heirs are Scatterd in Differt parts it will require some time to Com- pleat it. The Commtee beg leave further to Inform the Town that no Labour or Assiduity has been wanting in them to bring this Action to an Issue and the it has been attended with Considerable Charge, no Expence has incurd to the Town to this day over and above the Forty Pounds which the Town at first Voted to carry it on, weh is submitted.
" Feby 25th 1760. Thos Goldthwait, Wm Stoddart, Jams Pitts, David Jenkin, Nath! Holmes, Benja Brintnall, Sam! Pratt, Thos Fluker." 13
And so the ease stood for six years with a judgment in favor of the town in the Court of Common Pleas, but carried by appeal to the Superior Court. It failed to be prosecuted by reason of the mortality of the Allen family. The action was for the Eustis farm, which Richard Wharton had sold to Major Thompson of London, in whose family it still remained. Though all the farms were equally affected by Governor Bel- lingham's will, it was doubtless deemed good poliey to proceed first for that estate owned by the Englishman, and in pos- .
13 [Nothing further is heard of this matter during the residenee of Thomas Goldthwait in Chelsea. Apparently the antagonism between Colonel Goldthwait and Hon. Samuel Watts eeased about this time also. The town meeting which in May, 1761, eleeted Thomas Goldthwait the representative of Chelsea to the General Court, ehose Hon. Samuel Watts moderator of its further business, a position which he had not held sinee the year 1757. At the next annual town-meeting Thomas Goldthwait was moderator and Samuel Watts, Jr., was ehosen Town Clerk and a seleet- man, offices which he continued to hold by yearly eleetion until 1766, when the dispute over Governor Bellingham's will was revived. Beginning with 1762, Thomas Goldthwait and Samuel Watts, Jr., served together eontinu- ously on the board of selectmen and on other town committees, as long as Goldthwait was a resident of the town; and in 1761 and 1763 Hon. Samuel Watts was chosen moderator of the town meeting after the election of Thomas Goldthwait as a delegate to the General Court. In June, 1760, Goldthwait was approved by the Couneil, of which Hon. Samuel Watts was a member, to pay the army " at the Westward " and thenceforth, until his removal to Fort Pownall in Maine, he was busily employed in army affairs.]
590
HISTORY OF CHELSEA
ICHAP. XVIL
session of his tenants, rather than for the other farms, held by the Watts family, honored citizens of Chelsea.
Nothing more is heard of this business until 1766, when the town, dissatisfied with the old committee, or some portion of it, passed the following votes :
May 22,14 " Voted to accept the Report of the Committee that was Chosen in the year 1757 to prosecute Gov! Bellingham's will; to Dismiss the former Committee and Choose a new one; to have five persons for the said Committee vizt Thomas Flucker, Esq", James Pitts, Esq", Lieut Thomas Pratt, Samuel Pratt & Thomas Hill." 15
For four years the matter remained in the hands of this new committee without anything being done, as appears from the following votes :
May 28, 1770,16 " Voted to Receive a Verbal Report of the former Committee that was Chosen the Twenty Second Day of
14 [This was the annual meeting for the choice of a Representative. In 1764 Samuel Floyd had been chosen in the place of Thomas Goldthwait, no longer a resident of Chelsea. In 1765 the town voted, 24 to 17, not to send a representative. This year it voted 27 to 12 to send; then Lieutenant Thomas Pratt was ehosen its representative and moderator of its further business. The vote in the text followed. The preceding March, Thomas Pratt had been moderator of the annual meeting for the choice of town officers, when John Sale was chosen town clerk in the place of Samuel Watts, Jr., who was also not clected a selectman. He had held both offices since 1762; he was again eleeted a selectman in 1767, and town clerk in 1769. In May, 1768, he was chosen with Thomas and Samuel Pratt to petition the General Court for relief from overburdensome taxation.]
15 [Thomas Flucker, James Pitts, and Samuel Pratt had served on the earlier committee. (Supra, p. 584, note 3.) Thomas Hill had recently pur- chased part of the Tuttle farm, he lived apparently in Malden. Thomas Flucker was a member of the Governor's Council, 1761 to 1768; James Pitts, 1766 to 1775. Andrew Oliver, Secretary of the Province, was the agent of Thompson for the Eustis farm. Samuel Watts, then owner of two of the Bellingham farms, was a judge in the County Court, and James Rus- sell, part owner of the fourth, was an influential member of the Council.]
16 [This was the annual meeting for the choice of a Representative; none had been sent to the General Court since 1766. The town voted "by a great Majority " not to send, and chose Lieutenant Thomas Pratt, Captain Jonathan Green, and Samuel Floyd to wait upon the General Court " to get some releaf from our Taxes by reason that the Valuation is likely to Come on this present Year." Captain Green was one of the administrators of the estate of Hon. Samuel Watts, who died the preceding March. Lieutenant Thomas Pratt was then chosen moderator for the remaining business of the day.]
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1
591
CHAP. XVII] THE WILL IN TOWN MEETING
May 1766: Relative to Governor Bellinghams Will And Said Committee Reported that they Did not Prosccute the affair; to Choose a New Committee to prosecute Governor Bellinghams Will; to Choose five persons to prosecute the Same; as Committee men The Honoble James Pitts Esq" M" John Baker Lieu! Samuel Pratt M: John Tucksbury m' James Floyd; to raise money to prosecute the affair of Governor Bellinghams Will; to raise the Sum of one hundred and Thirty three pounds Six Shillings and Eight pence Lawfull money to prosecute the affair of Governor Bellinghams Will.
[" The Town met according to their Adjournment on Monday the Second Day of July, 1770 . .. to finish the Business of their May meeting Warrant. ... Voted to add one person more to ye Committee Respecting the Affair of Governor Bellinghams Will.
" Voted] The Honoble James Bowdoin Esq! 17 be one of the Com- mittee to Enquire into the affair of Governor Bellinghams will."
Dec. 13, 1770 18 " Voted not to assess the whole Sum of Money to prosecute Governor Bellinghams Will this present year viz: £133:6:8 that was Voted at May meeting Last past; voted to assess the one half of the above mention'd Sum Viz: £66:13:4 for the use and purpose above Said this present year."
Hon. Samuel Watts died March 5, 1770, but the town did not relax its efforts, as appears above. His eldest son, Samuel, and Jonathan Green administered on his estate. In their accounts are the following :
Lawfull money
To 2 Days in Searching for & takeing out 30 papers Relative to Governer Bellinghams will & the watts's title to the winnesimmet Farms 19 £0.12.0.0
17 [James Bowdoin, later Governor of the State of Massachusetts, owned land at Pullen Point. (Supra, pp. 184, 266.) He was a member of the Governor's Council 1757 to 1769, negatived by Governor Bernard in 1769, elected by Boston to the House of Representatives, again chosen for the Council in May, 1770, and allowed by the Lieutenant-Governor, Thomas Hutchinson, to take his seat. The wife of Hon. James Pitts was a sister of James Bowdoin and of Thomas Flucker's first wife. In November, 1770, Flucker succeeded Oliver as Secretary of the Province. Thomas Hutchinson succeeded Oliver as Thompson's agent for the Eustis farm.]
18 [This was the first town-meeting since July 2. Lieutenant Thomas Pratt was moderator.]
19 Chamberlain MSS., ii. 77. An item in the account of Jonathan Green between March 27, 1770, and July 19, 1771. Another item in this account is, - " to 5 Days in Carry the Books & papers from Madam Watts's to my house & in Enquiring after a Scribe to post sd Book and sort ye papers & in agreeing with Capt Giles Harris to do sd work & in carrying sd Books &
1
592
HISTORY OF CHELSEA
[CHAP. XVII
To Cash pd To Attorneys, for Advice in ye Affair of Govr Bellingham's Will, at the desire of the Heirs of said Estate 20 £3:16-
Four years later are the following votes:
March 14, 1774 21 " Voted so far to reconsider the Vote of the Town that was for raising and assessing Sixty Six pounds thirteen Shillings and four pence Lawful money that was to prosecute the Affair of Governor Bellingham's Will So much of it as is not as yet Expended Should be Diverted to the Town's use; that the money that is not Expended which has already been assessed In prosecuting the affair of Governor Bellinghams will Should go to pay of [f] the Towns Debt; not to forgive any one person that part of their Rates that was raised and assessed upon them in the . year 1770 - Relative to prosecuting the affair of Governor Bel- linghams Will in Samuel Watts's List 22 as a Collector."
The suit in behalf of the town, by the heirs of James Allen vs. Joshua and Abigail Eustis, tenants of the Eustis farm, entered at the October term, 1757, of the Court of Common
papers to him at Boston & in Inquiring after the meening of Sundry Charges & papers & Bringing them Baek £ 1.10.0.0" " Chelsea May ye 2d 1770
Received of mrs Sarah Watts nine bound aeeount Book and three other aecount Books and a Large number of papers (as she saith) being all the papers and aeeount books belonging to the Estate of the Honble Samll Watts Esqr Late of Chelsea deceased that have come to her hands and knoledge sinee the Death of sd Deeeased and also some other Books
A Coppy JG. istrators on
(one of ye admin said Estate " Chamberlain MSS., ii. 53.
Identieal papers, with many others belonging to the town, which have been sought far and wide, were recently discovered in the house in which Captain Green lived after his removal from Chelsea soon after the Revolu- tionary War. Many of them will be found in this volume. But the aeeount books are not yet found.
20 Item from the aeeount of Samuel Watts, [April 10, 1772, to] Feb. 4, 1773. Suff. Prob. Ree., L. 72, f. 349.
21 [ The moderator of this meeting was Samuel Sprague, tenant on the Cary farm of the Bellingham estates. Apparently a rough draft of the warrant for this meeting has been preserved in Chamberlain MSS., v. 81. It reads, - " no processes in the Law have sinee that time [1770] been had in the affair of sd will."]
22 [ Samuel Watts, grandson of Edward and Rebeca Watts, had been ehosen a eolleetor of taxes at the annual meeting in Mareh, 1770. Obviously it did not suit his convenienee to press the payment of a rate which would be used to destroy the title to his lands.]
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593
CHAP. XVII] THE WILL IN TOWN MEETING
Pleas at Boston, resulted in a verdict for the town, as has been said; but Thompson, the real defendant, appealed, and the prosecution of the case was delayed and finally defeated, it seems, by the death successively of some of the parties to prosecute it. This left the plaintiffs' judgment of 1758 inop- erative by the appeal; but they had some sort of possession, as appears from the following depositions :
Deposition of Abigail and William Eustis 23
" We Abigail Eustis widow, & William Eustis yeoman both of Charlton in the County of Worcester & Common Wealth of Massa- chusetts of Lawful age testify & say that some time in the year of our Lord seventeen Hundred & Fifty Eight, your deponants then Living in Chelsea in the County of Suffolk, on the Farm, then known by the name of the Eustis Farm, & at that time your deponants & the other Occupants on sd Farm, went out of the dwelling Hous & delivered possession of sª House & Farm, To the Heirs of the Rev! James Allen late of Boston Deceased by their Guardians & the sd Heirs Enterd & took Possession of the same at that time, - & your Deponants further say that in the year of our Lord seventeen Hundred & seventy five on the Nineteenth day of April Apprehending their Lives & property to be in danger on account of Hostilities which then Commenscd left the whole of s! Premises without any Possesser or Occupant on the same. Abagail Eustis William Eustis "
Appended is the usual certificate of the magistrate.
Another Deposition of the Same Parties
" We Abigail Eustis & William Eustis both of Charlton in the County of Worcester & Common Wealth of Massachusetts of Law- ful age Testefy and say that your deponants liv'd on the Farm. in Chelsea commonly called the Eustis Farm from the year 1730 the sd Abigail, & the sd William From the year 1745 To the year 1775, & on the 19th day of April in sd last mentioned year your deponants Apprehending their Lives & property to be in danger on account of Hostilities which then commensed between Briton & the then Province of Massachusetts Bay, Now Common Wealth of Massachusetts, left the whole of sª Farm & the Buildings with- out any Occupant on the same, & your Deponants further say that
23 Chamberlain MSS., i. 69, 71.
VOL. I .- 38
594
HISTORY OF CHELSEA
[CHAP. XVII
during the whole time of their living on s? Farm they paid Rent To Mists Cushing Oliver & Hutchinson whoo was then Reputed to be Attorneys or agents to the Thompsons, & your Deponants further say that they never new of any Rents being paid to any other person or persons to the best of their knowledge, & further your Deponants Saith not
Abagail Eustes William Eustis "
From the foregoing depositions taken in 1785, the first at the request of Phillips Payson, and the second at the request of Thompson, to be used in a suit hereafter given,24 it appears that after the judgment of 1757 [1758], from which Thomp- son appealed, the heirs of Allen, in behalf of the town, took some sort of possession; but the Eustis family, Thompson's tenants, still oeeupied the estate and paid rent to his agents. So the town took nothing but a barren possession under their judgment; for while the ease stood appealed, no execution eould issue to put Allen's heirs into such legal possession as would sustain aetion for rent against the Eustis family. Therefore they paid rent to Thompson as before.
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