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Saturday, November 8, 2014

26. John Rogers III His aunts and cousins and a certain will

At this point, the reason for naming many of the descendants of John Rogers II becomes quite clear.

It was due to his enormous wealth and the death of his son without any children, that his estates subsequently passed to his aunts, and then his cousins.  The names Isaacson and Montagu, became family traits.

John Roger's father John Rogers II married Elizabeth Ellison and he died 1709 leaving his assets to his wife Elizabeth.

John ROGERS, esquire, of Newcastle upon Tine [Newcastle upon Tyne, Northumberland]
Date of probate: 18 January 1710
  • will, 14 November 1698 (DPRI/1/1709/R11/1-2)
    with codicil, 15 February 1705
    with codicil, 4 November 1709
  • will bond, penal sum £2,000, 18 January 1710 (DPRI/3/1709/B181)

John Rogers II and Elizabeth had one son:

John ROGERS III, esquire, of town and county of Newcastle upon Tyne [Newcastle upon Tyne, Northumberland]
Date of probate: 1758
  • will, 20 April 1711 (DPRI/1/1758/R6/1-4)
    with codicil, 10 October 1715
    with citation, 30 April 1759
    Citation to appear before Northumberland assizes
He died in 1754.

His will was made in 1711, prior to the death of his mother.

The contents of his will nominate his heirs and the estates that were his.

John Rogers III married Anne, daughter of Sir John Delaval of Seaton Delaval. On the 20th April, 1711, he made his will, and by a writing endorsed upon it, on the loth October, 1715, "intending the day following to go in pursuit of the rebels in Northumberland," he republished the same.

20 April, 1 71 1. Will of John Rogers of Newcastle, esq. My lands, &c., in Newcastle, Denton, Sugley, Throckley, Newbiggin, Scotswood, Puncheon Rigg, North Shields, Lamesley, North Seaton, and Rudchester, my colliery at Bensham, my collieries and salt pans at Cullercoats, Whitley, Monk-seaton, and Hartley, my house in the Close, Newcastle, called Boyd's House, and my house in the Close called Lady Blackett's House. If my wife shall happen to marry again and have issue by a second husband [certain property to the heirs of her body].   

My mother Elizabeth Rogers. My cousin Francis Creagh, esq., his sisters Sarah Creagh and Margaret Isaacson. My aunt Sarah Montagu's four children, viz. Edward Montagu, Crewe Montagu, John Montagu, and Jemima Montagu. My cousin Anthony Isaacson, esq.

Republished loth October, 1715. ....

Codicil dated loth October, 171 5. Remainder to wife, and after her death to the heirs of her body lawfully begotten by any second husband except Edward Delaval of Dissington, esq., or his son.

His lands included:

  • One undivided fourth part of messuage at Denton, let to Robert Carr at 5o/z., 
  • my share being i2li. los.
  • One undivided fourth part of messuage, "c., at Denton, let to Robert Carnaby at 45/^'., my share being uli. 5s.
  • One undivided fourth part of messuage, "c., at Denton, let to John Nicholson at /\oli., my share being loli.
  • One undivided fourth part of messuage, "c., at Denton, let to Marmaduke Wear at $2li., my share being 13/^'.
  • One undivided fourth part of messsuage, "c., at Denton, let to John Richardson at ^oli., my share being 1.0U.
  • One undivided fourth part of messuage, "c., at Denton, let to Thomas Maines at 60//., my share being 15^^'.
  • One undivided fourth part of messuage, "c., at Denton, let to Thomas Anderson at 42/1., my share being loli. los.
  • One undivided fourth part of messuage, "c., at Lemmington, let to George Penman at 42/7'. 6s., my share being loli. iis. 6rf.
  • One undi\nded fourth part of messuage, "c., at Lemmington, at 2li. IDS., my share being 12s. 6d.
  • One undivided fourth part of lands, "c., at Lemmington, used as staithroom or trunks for coals by John Blackett, esq., certain rent 50/2:. a year, with hberty to lead 600 tens; and to pay is. Sd. per ten for every ten led above that quantity.
  • One undivided fourth part of staithroom or trunks for coals at Lemington, let to John Beaumont at 50/?. a year for 400 tens of coal, and 2S. 6d. per ten for every additional ten of coal.
  • One fourth of a wayleave at Denton, in the possession of John Kelly, esq., at 105. ()d. a year.
  • One undivided fourth part of lands at Throckley, occupied by William Bro%vn at 28/1. los., of which my share is yli. 2s. 6d.
  • In Bywell parish.
  • One undivided fourth part of lands, "c., at Hindley, let to Jonathan Angus, rent 37/i. los.; my share being gli. ys. 6d. of Newcastle, by whom she had, with other issue, a 

The testator's wife, Mrs. Ann Rogers, died 3rd January, 1722-3, without issue, and was buried with her fathers in the chapel of Seaton Delaval. Her husband subsequently became a lunatic, and his first cousin, Edward Montagu, was constituted his committee. (his power of attorney)

He resided in Pilgrim Street, where he died a childless widower on the 24th June, 1755, and was buried in St. Nicholas' on the 5th July following.

His heirs were his aunts and then his first cousins:

Mary Rogers, eldest daughter of John Rogers I, and therefore aunt of John Rogers the lunatic, married Sir William Creagh, the Roman Catholic mayor of Newcastle in the reign of James II, by whom she left surviving issue a son

Francis Creagh, who died unmarried in the lifetime of the testator;

 Margaret Creagh, baptised at St. Nicholas' 30th May, 1682, married to Anthony Isaacson
of Newcastle, by whom she had, with other issue, a son Anthony, one of the coheirs-at-law ; 

Sarah Creagh, baptised at St. Nicholas' 24th July, 1684, and died unmarried in October, 1747 

Mary, baptised at St. John's 5th November, 1689, wife of Dominic Archdeacon of Cork, merchant.

Sarah Rogers, younger daughter' of John Rogers I, and therefore aunt of  John Rogers the lunatic, became the second wife of the Hon. Charles Montagu, fifth son of the first Earl of Sandwich, and by him had issue three sons and one daughter, viz. :

Edward Montagu, baptised at St. Nicholas' 13th November, 1692, one of the coheirs-at-law and also a devisee of John Rogers III. 

Crewe Montagu, baptised at St. Nicholas' 25th January, 1693-4, in the testator's lifetime.

John Montagu, a Lieutenant-Colonel in the army, died in the testator's lifetime.

Jemima Montagu, wife of *Sir Sydney Meadows, knight marshall, named in the will of John Rogers III, and died s.p., 1759. 

*He was the eldest son of Sir Philip Meadows and his wife Dorothy, daughter of Edward Boscawen. On 2 June 1742 he married Jemima, daughter of Charles Montagu of Durham and granddaughter of Edward Montagu, 1st Earl of Sandwich; they had no children.

Through the influence of his uncle Hugh Boscawen, 1st Viscount Falmouth, Meadows was returned to Parliament for Penryn in 1722 and for Truro in 1727. In 1734 he was nominated Member for Tavistock by the Duke of Bedford. All his recorded votes were against the government and he did not stand in 1741. In 1757 he succeeded his father and in 1758 he was appointed Knight Marshal, one of the judges (along with the Lord Steward of the Household) of the Marshalsea Court. He held this office until his death.

William Archdeacon, eldest son of Dominic Archdeacon by Mary Creagh, his wife, on the death of John Rogers the lunatic succeeded as one of the three coheirs-at-law. It is he who is mentioned in the text. 

Of his devisees only Edward Montagu and his sister Jemima were then living, consequently, many of the provisions of his will failed and became void.

In effect his real estate, except such portions as had been given to the said Edward and Jemima Montagu, descended to his coheirs at-law, who were Edward Montagu, Anthony Isaacson, and William Archdeacon.

devisee n. a person who receives a gift of real property by a will. The distinction between gifts of real property and personal property are actually blurred, so terms like beneficiary or legatee cover those receiving any gift by a will.

The will of John Rogers III Esq and Elizabeth Rogers, his mother, was challenged in the High Court, by members of Clavering family and others, the case was ultimately dismissed allowing the co-heirs to retain their wealth.              

        (Elizabeth Rogers was Elizabeth Ellison and her sister was Jane who married James Clavering)

The following transcripts from the ebook indicate the legal battles over his will.

The first mention of an appeal is in 1764.

Journals of the House of Lords, Volume 32
 By Great Britain House of Lords


Upon reading the Petition and Appeal of George Grey Esqure, Hugh Maises, Edmund Burton and Mary his wife, Sir Thomas Clavering, George Clavering, John Smiles and William Brown, complaining of an Order of the Court of Chancery on 25th day of February 1764, made in a certain case wherin George Grey Esquire and the Reverend Hugh Maises Clerk were Plaintiffs, and Edward Montagu Esquire, Anthony Isaacson, William Archdeacon, Thomas Davidson, Edmund Burton Esquire, and Mary his wife, Sir Thomas Clavering Baronet and George Clavering Esquire, John Siles, William Brown and His Majesty's Attorney General by amended ill and Bill of Reivor, were Defendants; and praying, "That the same may be reversed, or that
"the Appellant may have such relief in the Premites as to this house, in their Lordships great Wisdom shall seem meet; and that Edward Montagu, Anthony Isaacson, William Archdeacon, and His Majesty's Attorney General may be required to answer the said appeal.

It is ordered that the said Edward Montagu, Anthony Isaacson, William Archdeacon and His Majesty's Attorney General, may have a copy of the said appeal and do put in their answer or respective answers thereunto in writing, on or before Monday the 5th day of December next.

Then the case went to the High Court:    

From the ebook:
 Reports of Cases, Upon Appeals and Writs of Error, in the High ..., Volume 6
 By Josiah Brown

George Grey, Esquire and Others -                Appellants
Edward Montagu and Others                         Defendants.

21st November 1770

By indenture of lease and release of the 11th and 12th October 1713, made between John Rogers Esq; of the one part, and Elizabeth Rogers, widow, of the other part, the release reciting that a marriage was intended to be had, between the said John Rogers and Ann Delaval, daughter of Sir John Delaval, Bart, and that the said Sir John Delaval had secured by the conveyance of a real estate, the sum of 8000l, to be paid to the said Rogers, after the death of the said Sir John Delaval, as a marriage portion with his said daughter, the said John Rogers, as well in consideration of 5s as in consideration that the said Elizabeth Rogers had released and assigned to him and his heirs the manor of Rowchester, and several lands and tenements in Rowchester in county of Northumberland, of the yearly value of 260l settled upon her by her late husband, the father of the said John Rogers for her jointure and also in consideration of other messuages, lands, tenements an hereditaments, conveyed by the said Elizabeth Rogers, either tot he said John Rogers, and his heirs, or to such person orpersons as he did appoint; conveyed the several messuages, lands, tenements and hereditaments, which the said Sir John Delaval had mortgaged to him, for securing the sum of 8000l, the portion of the said Ann, and also the manor of East Denton and West Denton and several messuages or tenements, and a close or field in the town of Newcastle upon Tyne, in the said county of Northumberland, to the use of the said Elizabeth Rogers and her heirs, subject to a proviso, that if the said John Rogers, his heir, executors or administrators, should pay to the said Elizabeth Rogers, for and during the term of her natural life, the yearly sum of 410l and should also pay the sum of 3000l to such person or persons, and at such time and place, and in such manner, as the said Elizabeth Rogers, by her last will and testament in writing, attested by two or more credible witnesses, should order and appoint the same; that the said conveyance, and everything therein contained, should cease and be void.

Elizabeth Rogers, having only one child, namely the said John Rogers, made her will, dated the 15th December 1733, whereby she gave several pecuniary and specific legacies and then proceeded in the following words: "I give to my dear and only son, when my just debts are paid and the legacies and funeral expences above discharged, all my real and personal estate, and also my plate, linen bedding and all utensils in my house, in Newcastle and Denton and hereby appoint him sole executor of this my last will and testament, the release bearing date on or about the 12th day of October 1713, and mad or mentioned to be made, between my son John Rogers of the one part, and me the said Elizabeth Rogers of the other part; all that the manor, messuages, lands, tenements and hereditaments therein mentioned, are conveyed unto me and my heirs, subject to a proviso or condition to be void upon the payment of the annual sum therein mentioned to me, and also upon the payment of the sum of 3000l of lawful British money, to such person or persons, and at such time and place, and in such manner, as I the said Elizabeth Rogers, by my last will and testament in writing, attested by two or more credible witnesses, shall order or appoint.

Now I the said Elizabeth Rogers, by this my last will and testament, do hereby appoint and order, that upon the death of my said son without issue, or in case my said son does not dispose either by will or deed, which shall first happen, that the sum of 500l part thereof, be paid to my said nephew, James Clavering, Esq of Greencroft, for his one use, and that the sum of 500l other part thereof, be paid to my niece Alice Grey for her own use, and the the sum of 900l other part thereof, be paid to my said niece Ann Clavering, to her own use, and to my cousin Elizabeth Pell, 300l for her own use, and to my cousin Eleanor Pell the sum of 100l and to each of the four churches in Newcastle upon Tyne, viz St  Nicholas, All Saints, St John and St Andrew to each 100l the interest of which to be given to ten necessitous people at the direction and order of the vicar and parson of each parish, on the annual day of my sons death; to the society of the clergy annually held in the said town, 50l to the parish of Newborn in Northumberland, 100l to be given to the poor of East Denton, on the annual day of my son's death, at the direction of the vicar, and four and twenty of the said parish; and I further give the remaining 150l among my sons servants, according to their desserts".

On the 16th of April 1734, the testatrix died, leaving the said John Rogers her heir at law, who shortly after her death proved her will.

John Rogers, after having received the 8000l on Sir John Delaval's mortgage died on the 24th June 1758 without issue, and without having made any express disposition of the 3000l either by will or deed; leaving the respondents Edward Montagu, Anthony Isaacson and William Archdeacon his heirs at law.

In November 1761, the appellant George Grey, as administrator of Alice Grey, named in the will of the said Elizabeth Rogers, and the appellant Hugh Maises and his wife, as the representatives of Ann Clavering, also named in the said will, brought their bill in the Court of Chancery, against the respondent Edward Montagu, one of the heirs at law, and also administrator of the said John Rogers, and against Anthony Isaacson and William Archdeacon the other heir at law of the said John Rogers, and Thomas Davison, administrator de bonis non of the said Elizabeth Rogers, with her will annexed, and against the appellants Edward Burton, and Mary his wife, as representing Eleanor Pell, named in the will of the said Elizabeth Rogers and the appellants Sir Thomas Clavering and George Clavering, executors of James Clavering, also named in the said will, and against John Smiles and William Brown, as servants of the said John Rogers, living with him at the time of his decease and against his Majesty's Attorney General; praying that the premises comprised in the settlement of October 1713 or sufficient part thereof, might be sold, and that ll proper parties might join in such sale, and that out of the money to arise there from, the legacies given by the will of the said Elizabeth Rogers, out of the said 3000l might be paid.

To which bill the respondent Edward Montagu put in his answer, and thereby insisted, that the 3000l wholly vested in John Rogers the son, on the death of the said Elizabeth Rogers; and that the said 3000l being by the will given over to the legatees therein names, only on the death of John Rogers without issue, or in case he should not dispose thereof by deed or will, such disposition, depending on the said John Roger's dying without issue generally, and also without disposing of the said 3000l by deed or will, was, by the known rules of law and equity to remote to take place, and therefore void.

On the 24th February, 1764, the case came on to be heard before Lord Chancellor Northington, when his Lordship ordered, that the plaintiff's bill should stand dismissed as against the defendant Davidson, with costs, and as against the other defendants, without costs.

From this decree the appellants appealed, insisting that it manifestly appeared from the will itself, to be the intention of the testatrix, that the legacies should take place upon the death of her son, and not wait the failure of his issue, which might not happen till long after his death, and at so great a distance of time, as entirely to disappoint her view in giving those legacies.  That the true legal sense of the words, "upon the death of my son without issue" was not failure of issue generally, but failure of issue at the time of his death, which is the natural meaning of the words; and the legacies being given upon that contingency, were capable of taking effect by the known rules of law.  But even if the words were construed to mean "dying without issue generally" yet in this particular case it was apprehended, that the legacies were not void, but took effect upon the happening of that event.  That the words of the will, in case my son does not dispose either by deed or will, which shall first happen, did not give or were intended to give him the absolute property of the 3000l but merely a power of appointment by deed or will, which he might execute or not, as he thought proper.  That the legacies being given to take place upon a certain event, not contrary to law, and the event having happened, the legacies were valid, and out to be ratified and paid.

On the other side, it was argued, that no personal property can be limited to take place on so remote a contingency, as the death of a person dying without issue generally; and that there was nothing in this will to restrain the contingency to the time of the son's death.  That it was a limitation over to other persons, after the absolute interest was vested in, and an unrestrained power of disposition given to the son.  That the testatrix seemed to have imagined, that she might by law make farther limitation on personal property, after such a remote contingency, and an absolute power of disposition; but in this she was mistaken, such limitations having been long since settled to be null and void.

After hearing Counsel on this appeal it was ordered and adjudged, that the same should be dismissed and the decree therein complained of, affirmed.

So the estate and the co-heirs were involved in legal issues about the estate right up until 1770, some 16 years after John Rogers died.

Edward Montagu's wife makes mention has been made of Mr John Rogers, first cousin on his mother's side to Mr Montagu, also of Mr Monagu becoming his trustee in 1746 when he was pronounced a lunatic. 

At first it seems that he suffered from epileptic fits, which increased to lunacy, but of a mild order.  On June 23 Mr Edward Stewart wrote to say Mr Rogers was seriously ill, and his death expected hourly; he was being attended by Dr Askew, then a famous north-country doctor, and several surgeons for a mortification in his leg* 

 On the 24th he expired, in his seventy-fourth year, at his house in Pilgrim Street, Newcastle-on-Tyne.  Mr Montagu was his principal heir. 

* Mr Rogers' leg swelling, the doctors feared dropsy and made him drink two bottle of Hock daily!

The symbol for the pound is £, based on the letter L for libra, which was the basic Roman unit of weight just as the pound is the basic English unit of weight. 

This information provides some insight into some of the estates.

From the Gateshead History, it mentions the lands of John Rogers and Creagh

Previously referenced 31
At Trunk Staith (HER 5611, Fig 11), by the end of the seventeenth century, there
were 22½ keelrooms (berths for keel boats) extending along what was later King
Edward Wharf, enough to handle over 2500T.

 Many of these must have existed by 1647 when a survey of Gateshead manor shows 18 keelrooms at Trunk and Redheugh. It remains unclear who the first Bensham Way can be attributed to,
whether Sir Henry Liddell or William Riddell. A new partnership was formed in 1685 between the sons of the second Ravensworth baronet, John Rogers and Creagh. It is implied by Bennett et al (1989, 79) that this must have necessitated a general redevelopment of the wagonway and drainage, although nothing is recorded.
Bensham Colliery was virtually worked out by 1720 and the eastern end of the wagonway was not worked again until after the mid 18th century. The Way did undergo several rebirths in later years, together with others, such as Sheriff Hill, Gateshead Fell and Gateshead Park Way, although they belong to a different era.

It is unknown what happened to the Bensham Way in the 1720s and 1730s, although
it may have remained open for collieries on Gateshead Fell (Bennett, Clavering and Rounding, 1989, p 78-80).

These coal mine owners continually intermingled by marriage between themselves.

Regarding Rudchester Tower, from Rudchester History

On 9th December 1653, Rudchester Tower was bought by Gilbert Grouch from the Treason Trustees but was quickly recovered by Thomas Rutherford II. Rudchester then remained in the Rutherford family until it was sold to Thomas Riddell on 27th February 1667.

Rudchester was next sold to John Rogers in 1685 but he died in 1708, and was buried in St. Nicholas Church Newcastle, so the property passed to his son John Rogers. He married Anne daughter of Sir John Delavale, but later became "a lunatic" and died childless on the 24th June 1755, thus his estate was divided between his three cousins and co-heirs, Edward Montague, Anthony Isaacson, and William Archdeacon. 

Archdeacon then became the sole owner by deed of exchange in 1769.

Rudchester was sold by Archdeacon to Ayscough Fawkes in 1770 who passed it to his brother Francis on his death soon afterwards. Francis Fawkes died in 1786, and he left Rudchester to Walter Hawkesworth who took the name Walter Fawkes. Walter Fawkes died in 1792 and he passed Rudchester on to his eldest son Walter Ramsden Hawkesworth, who then took the name Walter Fawkes. On the 11th May 1819, Walter Fawkes sold Rudchester to William James of Deckham Hall, Gateshead. William James died in 1820 and was succeeded by his son Thomas James who died in 1883.

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