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 62
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Boston April 19th 1784.
We the Subseribers Heirs of the Exors. or Trustees of the last Will of the late Governor Bellingham, hereby give our consent that Mr Payson pastor of the Church at Chelsea, should have the Im- provement of the little farm at Winnisimet so ealled agreable to said Will and a Judgment of Court in favor thereof obtain'd in the Year 1758, as witniss our hands, Mr Payson indemnifying the Heirs above mentioned from all Costs & Charges that have arisen or may arise in prosecuting this business.
JOHN BROWNE, for himself & Wife Wm ALLEN. JAMES ALLEN.
It is hardly necessary to say that Browne and Allen had only a trust title as heirs of James Allen, one of the executors and trustees under Governor Bellingham's will. But they alone could bring or defend suits arising under the will.
From a deposition in the ease it appears that Robert Thomp- son was the only surviving brother and heir of William Thomp- son, and that Andrew Oliver, the old Secretary of Stamp Aet memory, was an agent of both.10 The following deposition is of interest : 11
º [Suff. Early Court Files, No. 104,718. The second paper filed there bears the endorsement: "This Case Contains five Papers," that is, five papers sent up from the lower court, each attested by Ezekiel Price its clerk. They were: (1) A copy of the writ of attachment with its endorse- ments as given in the text. (2) A copy of the " Consent " of John Browne et al. (3) A copy of the pleadings in the lower court. (4) A copy of the judgment in the lower court. These four documents are given in the text. (5) A memorandum of the recognizance of Thomas Dawes, Jr., with the suretics mentioned in the text.]
10 [Deposition of Stamp Brooksbank, Esq., of London, " one of the Com- missioners for managing his Majestys Revenues of Excise," taken May 4,
11 [Ibid., Paper No. 8. According to the endorsement of J. Davis, Justice of the Peace, this deposition was taken at Charlton, October 7, 1785,
627
CHAP. XVIII] THOMPSON SUES FOR THE EUSTIS FARM
" I William Eustis of Charlton in the County of Woreester of Lawful age testify & say that in May seventeen Hundred & Eighty three Mr Philips Payson Jun", was at my House in sd Charlton & asked your deponant to show him the Reeeeipt whiel had been taken for the payment of Rents for the Eustis Farm in Chelsea, on which your deponant shew the sd Philips sundry of sd Receipts, which he the sd Philips then wanted your deponant to let him have sd Receipts which I then consented to, & took his Reccept for the same in the words & figures following (viz.) ' Charlton, May 23d '83. Reeeiv'd of Mr William Eustis forty five receipts for rents paid by him & his Family for the improvment of the Farm ealled Eustis Farm Pr Philips Payson, Jn'', & your deponant further saith that sd forty five reeeeipts delivered to the sª Philips Payson Jun" as afore sd were for Rents paid for sd Eustis Farm in Chelsea & were given by Mrsts Cushing & Oliver & others whoo was then reputed to be agents for the Thompsons whoo liv'd in England. WILLIAM EUSTIS." 12
The case went by appeal to the Supreme Judicial Court, and the records are as follows:
Supreme Judicial Court Records 13
Thompson
1787 Robert Thompson of Elsham in the Kingdom of Great Britain Esq! appellant vs. Phillips Payson
V of Chelsea in the County of Suffolk Clerk, & John Payson & al Brown & Martha his Wife, James Allen & William Aug : Tm : Allen who were admitted at the Court of Common
1787, before Thomas Sainsbury, Mayor of London and Justice of the Peace, to be used in a trial in the Supreme Judicial Court of Massachusetts at the term beginning on the last Tuesday in August, 1787. John Evans under his notarial seal certified that Thomas Sainsbury was Lord Mayor and Justice of the Peace. The paper was then sealed and delivered to Robert Thompson. It was endorsed: "Suffolk ss. Augt Term 1787 Opened in Court and pled. Jno. Tucker Clr." Suff. Early Court Files, No. 104,718, Paper No. 6.]
at the request of Robert Thompson, to be used in the Supreme Judicial Court at the term beginning on the third Tuesday of February, 1786. " Philips Payson living more than Thirty Miles from the place of Caption was not Notified nor did he attend." According to the attestation of John Tucker, Clerk, it was opened at the February term of court. The form of attestation used by J. Davis of Charlton, and by Thomas Sainsbury of London on the deposition cited in note 10 were verbatim the same.]
12 For two depositions by William and Abigail Eustace, see supra, p. 593. 13 MSS. Records, 1787, p. 171. [According to the docket, Lowell and Parsons were attorneys for Thompson, Sullivan and Hichborn for Dawcs.]
628
HISTORY OF CHELSEA
[CHAP. XVIII
Pleas to Defend this suit in the room of the sd Phillips appellees from the Judgment of a Court of Common Pleas held at Bos- ton in & for the County of Suffolk on the first Tuesday of July A D 1785 when and where the appellant was plaintiff and the said Phillips together with the said John Brown & Martha his Wife, James Allen & William Allen who were admitted as afores! were Defendants In a plea of Ejectment 14 ... the sum of two thousand pounds At which said Court of Common Pleas upon the demurrer there Judgment was rendered that the said John Brown & Martha his Wife, James Allen & William Allen recover against the said Robert Thompson Costs of suit. This appeal was brought forward at the Supreme Judicial Court, held at Boston in & for the County of Suffolk on the last Tuesday of August A D 1785 and from thenee said appeal was Continued from Term to Term to this present Term And now the appellees altho' Solemnly Called to Come into Court do not appear but make Default - the appellant appears and prays judgment It is therefore Considered by the Court that the said Robert Thompson recover against the said Phillips Payson, John Brown & Martha his Wife, James Allen & William Allen, possession of the premises demanded & Costs Taxed at £12:2:3: Hab: Fac. issued Sept! 21st 1787.15
The original notes of Judge Sumner, who tried the last action, reseued from a paper mill, have been the clue to the history of the case. They are as follows : 16
Boston Sup : me Court
Augst 28. 1787. Thomson vs Payson
Ejectmt - demanding 200 Aeres as his Estate in Fee - Seizin alledged in 1774. John Brown & Ux" & Wm Allen James & Jeremh take on themselves the defence of this Suit.
Defts say that Phillips Payson is not Guilty
Deed from Riehd 17
Abg! Eustis & Wm Eustis Depe lived on Thom[s]on Farm in 1745 to 1775 & paid Rent to H.chson & Oliver as Agents to Thomson
Stamp. Brooksbank [Dep]
that the demt is heir of his Bro Wm & that Andrew Oliver was his Atty.
14 [Recites verbatim the writ of March 31, 1785.]
15 [Infra, p. 633.]
16 Chamberlain MSS., i. 67.
17 [Deed from Richard Wharton, March 15, 1685/6.]
1
629
CHAP. XVIII] THOMPSON SUES FOR THE EUSTIS FARM
Wm Eustis
that Payson was at his House in Charlton in 1783. 46 in Number I delivered them to him & took his Receipts - Honble Thos Cushing Esq!
my father rec! Thomson's Rent of . Chelsea Farm untill his death which was in 1746 - Secty Oliver was Agent afterwds - An Acct settled by Jo: Thomson 1727.18
Maj! Spooner
I was knowing to Gov! Olivers receiv& Rents for Rob Thomson of London.
Old Colony Law 34. 44. as to the power of Gen! Court to set a side a Will -
the Court rejected Gov" Bellinghams Will having been dis- allowed by the Gen! Court Deft defaulted
Judge Sumner's notes show that the case turned on the authority of the General Court in 1676 to set aside Governor Bellingham's will. I suppose the default was by agreement, in case the court held that the Bellingham will was legally disallowed.
The following bills 19 give the costs, exclusive of attorney's fees, of this case, in the two courts.
Plts. Costs Thompson vs. Payson.
Suffk. Com. Pleas. Bill
April 1785.
£ 0.2. 4
No. 246. Writ & service Power
0. 3.0
Atty fec
0. 6. 0
Entry
0. 7. 6
Plts attendance 15 days. 1. 2. 6
Continuance 0. 0. 8
Depositions
0. 4. 0
July, 1785. No. 290 Contd act.
Attendance 20 days, 1.10. 0
Demurrer &c. Examg & tax,
0. 8. 0
18 [September 15, 1729, Joseph Thomson of Epsom, County of Surrey, England, secured a writ of summons to "John Smith of Boston, brazier," agent to the plaintiff from March 25, 1717, till March 25, 1729, for lands in Guilford, Conn., Ipswich, Billerica, Boston, etc., and for "two hundred Acres of Land in Boston aforesaid at Winnisemet," because he failed, on demand, to render an account of his stewardship. The judgment in the lower court was that John Smith render an account within two months. An appeal was taken, but no record of the appeal has been found. MSS. Records of the Suff. Co. Court of Common Pleas, 1729-1730, pp. 95-97; Suff. Early Court Files, No. 23544.] 10 [Suff. Early Court Files, No. 104,718, Papers 9 and 10.]
630
HISTORY OF CHELSEA
ICHAP. XVIII
Exd Ezekl Priee, Cler. £4.4.0
Suffolk ss., Sup. Jud. Court.
at Boston August Term 1787.
Robt Thompson apt v. Philips Payson & al.
Appellants Cost.
Common Pleas Bill £ 4.4.0
Entry
0.18. 0
Appeal 0. 2. 6
Apts Attendce, this Term 5 days 0. 7. 6
Copy of ye Case
0.7. 6
Attorney fee
0.12. 0
Jury fees
1.18. 6
Augst Term 1785,
Apts. Att. 13 days, 19/6 Contce 1/4 1. 0.10
Feby Term 1786, no Cost for Apt. as pr Agreemt 0. 0. 0
August Term 1786 Apts Att. 5 days 7/6 Contce 1/4 0. 8.10
Feby Term 1787 no Cost to be tax'd for Apt ys Term only half fees paid the Jury 00:19: 3
Wm Eusties Deposition 0:19:10
'Examg &c .
0: 3: 6
12: 2: 3
Exam₫
Att. Chas Cushing Cler
Nothing remained for the town but to foot the bills and pay the rental of the Eustis' farm from June 1, 1776, to 1787.
December 3, 1787. "Voted Deac" John Sale Dcach Joshua Cheever Mr Joseph Green M' Abijah Hastings Capt James Stower & Capt John Sale Jun" a Committe to Estimate the Taxes & Charges of that Farm at the Ferry, Since the Town have had it in Possession, Voted to allow the abovesaid Committec four shillings pr day for the time they shall nessacarily spend in the abovesaid Service." 20
The Agreement with Thompson's Attorney 21
Know all men by these presents that I Robert Thompson of Elsham in the Kingdom of Great Britain in Consideration of Ninety pounds paid me by the Inhabitants of the town of Chelsea in the county of Suffolk in the Commonwealth of Massachusetts the receipt whereof I acknowledge Do for myself my heirs Executors & administrators forever release & discharge the said Inhabitants of Chelsea from all charges & claims for rent which I ever had against them or now have for the occupation of my Farm
20 Chelsea Town Records in loco.
21 The original is in the possession of John P. Pierce of Revere.
631
CHAP. XVIII] THOMPSON SUES FOR THE EUSTIS FARM
& Lands in said Chelsea called the Eustis Farm And I hereby release them from all demands I have against said Inhabitants or against any person who under them may have occupied the farm aforesaid Witness my hand & seal this 20th. day of July AD 1788
Witness T Dawes Junr Wm Cranch
Robert Thompson
By his attorney Thomas Dawes hereunto Lawfully authorized by Letter of Attorney as recorded in this Registry of Decds for the County of Suffolk.22
August 6, 1788. " Voted that the Town approve of the Conduct of the Committee that Settled with Coll Dawes for the rent of that farm at the ferry while the Town had it in possession, and to have the money with the interest Assessed as Soon as may be to pay him.23
" Chelsea augst 27 1788 the Select men gave Lievt Abijah Hastings [an order] for £3 - 4. 0 for his time with the Com- mittee about the farm .
" Chelsea Sept 3 1788 gave Lievt Sam1 Pratt an order for $6/ being in full of his acct for his time spent with the Committec about the farm at the 'ferry.
[Feb. 25, 1789, the selectmen gave an order to Capt. James Stowers for " 24/ for meeting with the Committee about Coll Dawes affair," etc. ; also " Gave Deac! Joshua Checver an order for 17$ 11ª for his time spent with the Committee about Coll Dawcs affair."] 24
Thus ended after a contest of one hundred and fifteen years this remarkable case. The interest was a large one, and the town was needy. There was hope at the outset and encourage- ment as the case proceeded to warrant the contest. But in my judgment the town was not well advised, and should have abandoned the matter in view of the adverse decision of the General Court in 1676, and of the Superior Court in 1708. For fifty years innocent parties had possessed the Bellingham estates, and nothing less than the clearest legal reasons would justify their dispossession. Such reasons could not be found and upon the whole it was well that they could not; for Gov- ernor Bellingham's devise, though beneficently intended, was
22 [L. 162, f. 225.]
23 Chelsea Town Records.
24 Selectmen's Records, i. 131, 133, 134.
632
HISTORY OF CHELSEA
[CHAP. XVIII .
an eeelesiastieal endowment which, if good, would be indefi- nitely continued, and entail endless disputes as to its adminis- tration. The defeat of the town was a victory.
Historieally, however, the case is of great value, not only locally, as bringing to light many facts concerning the old settlers nowhere else recorded, but should it ever come to the attention of the legal profession, it eannot fail to take its place among the most remarkable of eauses, not only by reason of its unparalleled continuanee, but as presenting, as no other ease does, the history of legal proceedings in Massachusetts in colony, provinee, and state for a period of one hundred and fifteen years.
633
APPENDIX
CHAP. XVIII]
APPENDIX
[Writ of Execution 1
Suffolk ss: The Commonwealth of Massachusetts to the Sheriff of our County of Suffolk or his Deputy Greeting Seal Whereas Robert Thompson of Elsham in the Kingdom of Great Britain Esquire Before our Justices of Our Supreme Judicial Court holden for or within our County of Suffolk aforesaid at Boston upon the last Tuesday of August last by the Consideration of our Justices of our said Court, recovered Judgment for his title and possession of and in that Tract of Land at Winisimitt at Chelsca in the County of Suffolk now Occupied by Phillips Payson of said Chelsea Clerk called the little Farm2 ... against the said Phillips Payson who had Unjustly with-held put out or amoved the said Robert Thompson from his possession thereof also at the said Court Recovered Judgment for Twelve pounds two shillings & three pence for Costs and Damages which he sustained by Reason of the same as to us hath been made to Appear of Record: We Command you therefore that without delay you cause the said Robert Thompson to have possession of and in the said Two hundred Acres of Upland & Meadow & said one Acre & a half. We also command you, that of the Goods Chattles or lands of the said Phillips within your precinct, at the Value thereof in money you cause the said Robert to be paid and satisfied the aforesaid sum of Twelve pounds two shillings & thrce pence which to the said Robert was adjudged for his Costs and Damages with three shillings & two pence more for this Writ & duty and thereof also to satisfy yourself for your own fees. And for want of such Goods Chattles or Lands of the said Phillips to be by him shewn unto you or found within your precinct to the Acceptance of the said Robert to satisfy the aforesaid Sums : We command you to take the Body of the said Phillips and him Commit unto our Goal in Boston in our County of Suffolk afore- said and detain in your Custody within our said Goal until he pay the full sums above mentioned with your fees or that he be dis- charged by the said Robert or otherwise by order of Law. HEREOF
1 Suff. Deeds, L. 153, f. 187.
2 This description recites verbatim the writ of attachment.
634
IHISTORY OF CHELSEA
[CHAP. XVIII
fail not and make Return of this Writ with your doings therein into our said Supreme Judicial Court to be holden at Boston within and for our County of Suffolk on the third Tuesday of February next Witness William Cushing Esq!, at Boston the Twenty first day of September in the year of our Lord 1787 Chars Cushing Cler. Suffolk ss : 21 September 1787 By Virtue of this precept to me direeted I have eaused the within named Robert Thompson to have possession of and in the within described Two hundred Acres of Upland and Meadow and the other one Acre and a half of land described in said precept havcing first amoved there- from the within Phillips Payson and all other persons and said Robert by his Attorney the Honorable Thomas Dawes Esquire hath Entered into the House on said premises and has possession thereof and of said premises and there Privileges and Appurte- nances and I have paid said Roberts said Attorney the within Costs and damages out said Phillips Estate and am Satisfied for my own fees and so I return this Execution in all parts satisfied - Richard Boynton D Sheriff Suffolk ss.21 Septr 1787 I have received of the above Richard Boynton possession of the above described Upland Meadow land and Appurtenances Thomas Dawes Boston 25 Sept! 1787 Received the within Costs Thomas Dawes Jun! for ; Plt.
Received Sept! 27. 1787 And accordingly Entered and Examined pr Nath! Greene Regt!]
635
ROBERT KEAYNE'S ESTATE
CHAP. XIX]
CHAPTER XIX
CAPTAIN ROBERT KEAYNE'S ESTATE IN RUMNEY MARSH
N EXT in interest to the Bellingham estate at Winnisim- met was that of Captain Robert Keayne in that part of Rumney Marsh now Revere. One of the largest, it included some of the best land on the New England coast. There were two farms, one of eight hundred seven and a half acres, called the great farm, and the other, the little farm, of one hundred seven and one fourth acres, less one half of the old [“ coun- try "] road which ran through or past these farms. They were separated by John Cogan's small farm, fifty-six rods in width, running westerly from the B. H. Dewing estate to the Malden line.
Captain Keayne's great farm was northerly of the Mar- shall, Matson, and Gallopp allotments,1 easterly of Malden, southerly of the Pines River, and westerly of the westerly line of Dewing's estate, for Captain Keayne's estate did not touch the Salem Turnpike, now Broadway, which passed through Cogan's great farm leaving a part on the westerly side.2 The little farm, allotted to John Sanford, afterwards governor of
1 [This was according to the original grant to Captain Keayne in January 1637/8. Presumably the allotments mentioned in the text be- came a part of his great farm. Supra, pp. 126, 127.]
2 The largest present or late owners are, beginning on Malden Street westerly of Daniel T. Fuller's, the heirs of P. C. Hall, whose estate runs northerly to the Pines River. On this estate was the Colonel Paige, or Oliver, mansion said to have been built in 1715 and lately torn down. Westerly is the late Z. Hall farm, now of the Derby heirs, this with their other land reaching the Pines River. Then in order those formerly of Abner Pierce and William Hall, which with part of the Copeland farm (the heirs still owning part) now belongs to John P. Squires, whose house stands near the site of Captain Keayne's house, taken down some years since. The westerly part, northerly of the road, belongs to the Blodget heirs and those of the late William Hall. That part of the great farm lying south of Malden Street is now owned by S. A. Hall and J. P. Squires. This account of ownership was written many years ago, and I hardly need say that since then many changes have been caused by death. [See Hop- kins' Atlas of Suff. Co. (1874), iv. Plate P.]
636
HISTORY OF CHELSEA
[CHAP. XIX
Rhode Island, contained " a hundred acrs: bounded on the South with Mr. Newgate; on the West with Charlestowne; on the North with Thomas Marshall; and on the East with the highway." Keayne probably purchased it of Sanford by deed not recorded.3 February 10, 1702/3, Colonel Nicholas Paige, whose title will be shown later, sold it to Governor Joseph Dudley, unele to Anna Keayne Paige, granddaughter of Cap- tain Keayne.4 The Dudley house is still standing (1881). In 1703 it was occupied by John Chamberlain.5 The easterly part of the estate is owned by the heirs of Benjamin Shurtleff ; and the westerly by those of Oliver Pratt.
Between Captain Keayne's great and little farms was John Cogan's small farm of 1665, referred to above, which his grandehildren sold to Hugh Floyd between 1700 and 1709. The Cogan, 'or Floyd house, is supposed to be still standing easterly of the old "country road," near the Malden line.6
3 [Supra, p. 127.]
4 Suff. Deeds, L. 21, f. 410. [This was a deed of gift from Nicholas Paige and his wife to Governor Joseph Dudley in trust for the use of themselves for life, and to the use of Governor Dudley's son Paul after their death. For the history of this farm see infra, pp. 664, 667; vol. ii. 82.] 5 John Chamberlain, though not satisfactorily proved to have been a relative of his contemporary, Jacob Chamberlain of Rumney Marsh, my first known ancestor of the name, was a man of local prominence, and his genealogy is given, infra, p. 651. [The house is no longer standing (1906).] 6 At present I am unable to solve a difficulty respecting the Oliver Pratt house. It is this: His estate is on the westerly part of Captain Keayne's small farm, the easterly part of which belongs to the Shurtleff family. But Pratt's house seems to be the Cogan, or Hugh Floyd house, on Cogan's small farm, and is so placed on a plan of these farms by the late B. H. Dewing, well informed as to such matters. It is not improbable, though I have no evidence of it, that by purchase the Cogan, or Hugh Floyd house, on Cogan's little farm, became a part of Keayne's small farm, and so ultimately the Oliver Pratt house, which with many changes is still standing.
June 30, 1896, I called at the Oliver Pratt house, where I found Sarah D. Lewis (born at New Boston, N. H., October 11, 1813), second wife and widow of Oliver Pratt. She said that Oliver Pratt was born April 26, 1792, and died December 17, 1870. His mother, a Wilcutt of Framingham, died June 28, 1837. [Supra, p. 147.] Oliver Pratt, a cousin of the late Caleb Pratt, was born in the old house, which lately stood on the Cook estate near the junction of Washington Avenue and the avenue which leads to Woodlawn Cemetery, and is said to have been built of barracks occupied by the Continental troops in the winter of 1775-1776, which were re- moved from a site near Washington Park near the old poor house estate.
The Oliver Pratt estate was once owned by Captain Samuel Sargent, an officer in the Revolution, and a trusted citizen of Chelsea. His son Benja-
637
ROBERT KEAYNE'S ESTATE
CHAP. XIX]
I now return to Captain Keayne and the fortunes of his family. He came over in 1635, and died in Boston, March 23, 1656, aged sixty-one. As merchant-tailor he had acquired property, and as early as 1624 aided the plantation at Ply- mouth. He had been of the Honourable Artillery Company in London, and in 1638 was most active in getting up that in Boston, which still survives, and of which he was the first captain. Between 1638 and 1649 he was often a Represen- tative to the General Court, and several times its Speaker.7 On the southern corner of Washington and State streets were his Boston house and garden; but like Winthrop and some others he had his country farm, of which I am giving some account. His will,8 of over one hundred and fifty pages, dated in 1653, is upon the whole creditable to him. Some of its provisions are these :
Seeing that it had pleased God to use him " as a poore in- strument to lay ye foundation of that Noble Society of the Artillery Company," he desired to declare his affection to them, and to be buried as a soldier in a military way.
And because he was not ignorant that there had been many clamors and evil reports raised up against him here and else- where, as if he had got his estate "by unjust dealing and
min's daughter was the first wife of Oliver Pratt. [Oliver Pratt married Lois Sargent, January 6, 1814.] Emma Louise Pratt, daughter of Wil- liam J., and granddaughter of Oliver, Pratt kindly took down from the lips of her grandmother the substance of this note.
[In 1750 Samuel Sargent purchased the westerly sixty acres of the little Cogan or Hugh Floyd farm with buildings thereon. Thirty-two years later he purchased the westerly thirty-two acres of the Dudley farm, without buildings. These lands were inherited by Oliver Pratt. (Supra, p. 184.) March 12, 1770, the town of Chelsea voted "to Dismiss that Article in the Warrant Respecting Mr Samuel Sargeants Loss that he Sustained by fire."]
7 [October 7, 1646, he served as Speaker pro tem. of the House of Delegates; so far as is known this was his only service in that capacity. See Mass. Col. Rec., iii. 78; Savage, Winthrop, ii. 53; Hist. of Ancient and Hon. Artillery Co. His wife Anne was a daughter of Sir John Mans- field, and a sister of the wife of John Wilson, first pastor of the First Church in Boston. (N. E. Hist. and Gen. Reg., vi. 156.) In his will Captain Keayne called Edward Rawson cousin, and in 1684 Rawson testified that he knew the family when they lived in Birching Lane, London. See Stow, Survey of London (ed. 1842), p. 75.]
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