Introduction

John Cree made a will which was dated 16 July 1794. Although a later will (that of 1795) was accepted as his last and probate was granted, it seems that grant was challenged and certain parts of the 1794 will, those concerned with his real estate, deemed valid. The matter is not fully clear yet as we do not have a full copy of the 1794 will. Nor have we traced the Chancery case which overturned parts of the 1795 will. However we are sure that something of this nature happened, partly because the Chancery case Byrn v Godfrey states that "his will, dated the 20th of October, 1795... was not executed as is by law required to pass real estates," and partly because John's nephew John MacMahon eventually came in to possession of the real estate, namely Thornhill House, in accordance with the 1794 but not the 1795 will. That is why it is important to piece together the terms of both wills.

An Inquisition was held to ensure that John's widow, Caroline Matilda, did not come into possession of any of John's estate. This was because she was an alien (a Danish citizen) and it was feared that aliens might be the means by which revolutionary ideas might spread. This is useful to us as the Inquisiton reported on the terms of John Cree's 1794 will. In fact it is from its report that we find that this will was "duly executed and attested as by Law as required... and that the same hath been established in his Majesty's High Court of Chancery."

The will

In this 1794 will, John Cree gave all his real estate (the Manor, other buildings and land at Thornhill) to four trustees, William and Thomas Raikes, David Godfrey and James Archdekin. They were to take ownership of the estate and were then to pay annuities to various beneficiaries out of the "rents, issues and profits, interest, dividends and annual produce of that estate."

First came his daughter Eleanor who was to receive £100 per year if she was unmarried at John's death. This was to continue until her death or marriage. If she was married when John died, or married later, she was then to receive £150 a year. John specified that this annuity was "for the sole and separate use of the said Eleanor Cree and might not be subject to the Debts, Control, Disposition or Engagement of any Husband or Husbands."

Further annuities were to be paid of £50 per year to his "natural son James Cree and £25 a year to his butler John Parsons."

The rest of the income from the estate was to be paid to John's wife Carolina Matilda "for and during the term of her natural life." John stated that this provision was "upon condition that she accepted the same in lieu and satisfaction of forty thousand Rupees settled upon her on her marriage with the said John Cree..."

After Carolina Matilda's death, "as to the said estate and the money invested... upon Trust for the eldest Nephew of the said John Cree then living with and under the care of James MacMahon, and the heirs of the body of his said nephew..." The wording here suggests that it is the estate itself that is to pass to the nephew, not just the income from it. But I am not sure. The distinction is important, for what actually happened is that the estate did come into the possession of the nephew. (There were further clauses about what was to happen if the nephew died without issue, but this didn't happen.)

The nephew was not named but was said to be "in the care of James MacMahon." However we know from other sources that he was in fact John MacMahon, son of John's brother Terence MacMahon. We know that John MacMahon was born in 1780, so he would not be of full age until 1801. That he was "in the care of James MacMahon" suggests that Terence MacMahon had died by the time the will was written or was otherwise incapacitated from caring for his own sons. However the evidence is not clear - we thought we had identified Terence's death record with a date in 1813.