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Wheareas the unexampled misconduct of my Wife Carolina Matilda Cree compels me in Justice to Society and my own honor to revoke the will made in her favor, I do therefore by these presents revoke and annul the said Will under date the sixteenth day of July in the year one thousand seven hundred and ninety four and in lieu of the several articles left her and other provisions settled upon her during life she is only to receive the forty thousand current Rupees or four thousand pounds which devolves to her after my decease as of Marriage Deed dated in or about the Month of March one thousand seven hundred and eighty three - as also the sum of one thousand and fifteen pounds which I received out of her father in law Fixes* Estate as specified in the mutual articles of Separation executed at Copenhagen in the presence of four Witnesses the fifteenth day of April of this year and I hereby declare that the said Carolina Matilda Cree having to the utter astonishment of every one that knew her and my unspeakable Grief undergoing in the space of a few months such an unhappy change from Virtue to Vice that she is no longer worthy of my Bounty and therefore I abandon and punish her for her vicious Courses as far as it in me lays. |
This is the "copy will" now in the National Archives at Kew (1) but originally in the Will Book of the Prerogative Court of Canterbury. There is a copy also in Martin Cree's papers but whether that is the original I am uncertain. I have inserted some spacing to increase the readability of this document. Wills of this period (and even of today) lack almost any punctuation and I have not introduced any, though sorely tempted, except at one virtually essential place indicated by square brackets[.] Commentary Carolina Matilda was a daughter of Johan Leonhard Fix, Head Factor of the Danish Asiatic Company at Serampore. She was "a Danish citizen" and "an Alien born of Danish parents in a Danish settlement in India." She was born at the Danish settlement of Serampur in India and that would have met John there or in nearby Calcutta. John had defended her honour with violence when it was impugned by a Major Brady in Brussels in 1791. However maybe there was some truth in Brady's allegation (whatever it was). *John must have intended, "her father, [J.L.] Fix's estate." He was Carolina's father and therefore John's father-in-law. |
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I hereby will and require that all my estates Real and Personal be converted into Money after my decease and placed on Interest on solid Land Security (Mortgage) and the issues and profits thereof annually to be disposed of in manner following: Imprimis to my Daughter Eleanor Cree now living at Thornhill the Annual Sum of three hundred pounds p[er] Annum during her life to be paid in two half yearly payments viz (that is to say) at Christmas and Midsummer and which she is not at Liberty to make over to any one being solely for her use and Maintenance. To James Cree fifth Mate of the Carnatic East India Man one hundred pounds p Annum for life and no more in the like manner as before mentioned. To my Relation James Mac Mahon Esq of Swansea in South Wales the Sum of two hundred pounds p Annum for life and in case of his death his widow Ann Mac Mahon to receive during her life one hundred pounds p Annum half yearly of the aforesaid annuity in the like manner as first mentioned in this codicil. |
It seems that John is directing that Thornhill House is to be sold to provide the ten or so annuities listed, even though his daughter Eleanor is living there. (In fact she gets married at Gretna Green as soon as he is dead.) One of several mysteries associated with this will is that his nephew John McMahon is later found in possession of Thornhill. Another is that neither his brother Terence McMahon nor the nephew, Terence's son, is mentioned anywhere in the will.
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To Miss Elizabeth Francis Daughter of Philip Francis Esq of St James Square the Sum of two hundred pounds p Annum for life only in two half yearly payments as before stated as a mark of my affection for her and her family. To John Godfrey Esq of the Adelphi one hundred pounds p Annum for life in two half yearly payments as before stated. To John Byrn Esq late a Major in the East India Company's Service one hundred pounds p Annum for life in half yearly payments as aforesaid with Remainder to his Daughter Caroline Byrn for her life after her father's decease. To Miss Jane Harris of Stalbridge the Sum of sixty pounds p Annum during life in half yearly payments as aforesaid. To my Butler John Parsons I give in like manner as the just reward of his faithful service to me forty pounds p Annum for life in half yearly payments as aforesaid which is to revert to his Daughter after his death during her life now a Child in my house named Ann Parsons and under my protection. To my ever respected Friend James Archdekin Esq of Berners St London the Sum of one hundred pounds per Annum for life as aforesaid and to my dearest Friend David Godfrey Esq one hundred pounds p Annum in half yearly payments as aforesaid and the first Annuity of the Great Ones that drops in [excision by copier] I will and desire may devolve [sic] on the Eldest Child Male or Female for life and in two half yearly payments of William Harwood of Hanwell in the County of Middlesex and in case the Interest of my property produces a Sum more than sufficient to answer the payment of the several annuitys herein specifyed the the [sic] proportion of the Annuitants to increase but if less to diminish in the like due proportion excepting the Annuitys of Miss Jane Harris and my Butler John Parsons and I hereby will and require that as the said Annuitys drop in [,] their Amount is to go on the Increase of the Annuitys of the Survivors so to increase to the last Survivor who shall hold the same during life Jane Harris and John Parsons excepted and when the said annuitants are all dead the whole and sole property devolve without any condition on the Heirs Male of Philip Francis Esq aforesaid of St James Square and in default of Issue Male to the female branch of the said family of Philip Francis Esq he or she taking the Name and Arms of Cree only and I hereby revoke all other Wills and Testaments heretofore made and this is to stand be valid only dated at Thornhill October the twentyeth in the year of Christ 1795 John Cree.” Whereas being pressed for Room I thought it right to add this small strip of paper and acknowledge the same to be my hand writing and a part of this my last and also to give Room for Witnesses to render the same valid John Cree - signed Sealed published and declared in the presence of us. Appeared Personally John Woolley of Lombard Street London Gentleman and John Claridge of Craven Street in the Strand in the County of Middlesex Esquire and severally made Oath that they knew and were well Acquainted with John Cree late of Thornhill in the County of Dorset Esquire deceased for several years before and to the time of his death and also with his manner and character of handwriting and Subscription having frequently seen him write and subscribe his Name and having now carefully viewed and perused the paper writing hereto annexed purporting to be the last Will and Testament of the said deceased the said Will beginning thus “In the year of Christ one thousand and seven hundred and Ninety Five To William & Thomas Raikes Esq and David Godfrey & James Archdekin Esq Executors and Trustees of this my last Will and Testament” ending thus “Dated at Thornhill October the twentieth in the year of Christ 1795” and thus subscribed “John Cree” with the following Memorandum on a piece of paper annexed to the said Will viz “Whereas being pressed for Room I thought it right to add this small strip of paper and acknowledge the same to be my handwriting and a part of this my last and also to give Room for Witnesses to render the same valid Signed Sealed published and declared in the presence of us” and thus subscribed “John Cree.” They these deponents do verily and in their consciences believe the whole series or contents of the said Will the subscriptions thereto and the Memorandum at the bottom thereof as aforesaid to be all of the proper handwriting and Subscription of the said deceased. John Woolley 21 November 1795 The said John Woolley was duly sworn to the truth of this Affidavit before me [illegible] Surgate [?] pst. Wm Moore Not[ar]y pubb. John Claridge 23rd Novr 1795 The said John Claridge Esq was duly sworn to the truth of this Affidavit before me J H Arnold in presc Rt Jenner N[otary] P[ublic] |
Philip Francis is well-known as a political figure of the period. He is now known to be the anonymous author of the "Junius Letters." John probably met him when both were in Calcutta, John as a merchant and Philip as a member of the newly constituted supreme council of Bengal at a salary of 10,000 per annum. Francis was in Calcutta from 1774 to 1781 during which time John Cree was also there. Philip had a prolonged and bitter struggle with Warren Hastings, the governor-general of India. He was later, in England, to be the moving force behind Hastings' impeachment. Later, in 1792 he was also a founder member of the radical society, the Friends of the People. From this we can deduce that John Cree was also politically radical during the heady and dangerous period following the French Revolution. In the trial of Thomas Hardy for High Treason in 1794, the Declaration of the Society of the Friends of the People (dated 1792) is presented in evidence. The declaration is signed by the members of the Society, led by Earl Grey, and including James Archdekin, David Godfrey, Philip Francis and John Godfrey. These last four are all beneficiaries of John Cree's will, Archdekin being referred to as "my ever respected Friend" and David Godfrey as "my dearest Friend." (Source: "Cobbett's complete collection of state trials and proceedings for High Treason.." by Howell and Howell, London, 1794.)
It was just over two years after John's death that two of the annuitants died, David Godfrey on the 15th May and John's daughter Eleanor (by then married as Eleanor Davis) on 24 June, 1798. So the eldest daughter of William Harwood claimed Eleanor's £300 annuity, presumably claiming that David Godfrey's annuity, a mere £100 p.a., was not one of the "great ones." In 1801 her suit was heard in the Chancery Court. Her claim was disputed on behalf of the remaining annuitants on the basis that she was an illegitimate child of William Harwood and this argument was upheld, in spite of it being proved that John knew very well at the time he signed the will that William Harwood's children were illegitimate and indeed that he was unmarried. Meanwhile Harwood had married the child's mother and had a further, legitimate, child. A claim was heard on behalf of this child but this too was rejected by the court. This time the basis was that the child was born after the first annuity "dropping in." The judge declined to decide which annuity were the "great ones" since the claims of the two children had been decided on on other grounds. The case became an important legal precedent, quoted as Godfrey v Davis, establishing that where a will benefits an unnamed child of a person, only a legitimate child could inherit. Source: Vesey, F., Reports of Cases Argued and Determined in the High Court of Chancery, from the year 1789 to 1817. Vol VI, London, 1827, p 43.) |
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The Will contained in the paper writing marked No. 2 was proved at London the twenty sixth day of February in the Year of our Lord One thousand seven hundred and ninety six before the Worshipful John Nicholl Doctor of Laws and Surrogate of the Right Honorable Sir William Wynn Knight also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of David Godfrey and James Archdekin Esquires two of the Executors named in the said Will to whom administration is granted of all and singular the Goods Chattels and Credits of the deceased having been first sworn duly to administer power reserved of making this life grant to William Raikes and Thomas Raikes Esquire the other Executors named in the said Will when they or either of them shall apply for the [...] tutelary [...] having been Interposed for the [...] and Validity of the said Will as by this [...] of Court appear. |
We have looked closely at this will and the Chancery Court cases of Byrn v. Godfrey (1798) and Godfrey v. Davis (1801) in case they would shed light on the inheritance of the Cree name and how Thornhill House came into the possession of John Cree's nephew John McMahon. The original probate grant shown opposite grants administration of of all and singular the Goods Chattels and Credits of the deceased. I would have added the word "only" meaning "not the real esatate" but the grant is mysteriously silent on what would have surely been useful clarification. This is consistent with the case of Byrn v Godfrey which refers to his will, dated the 20th of October, 1795, but which was not executed as is by law required to pass real estates. In amazing contradiction to this, the Inquisition held at Dorchester in 1799 into the land and effects of John's widow Carolina Matilda reported that, the said John Cree... did duly make and publish his last Will and Testament in writing bearing date... 16th July 1794... and was duly executed and attested as by Law required... and that the same hath been established in his Majesty's High Court of Chancery.... The Inquisition jury appear to have assumed that the earlier 1794 will was vaild for both the real and personal estates of John Cree. So there is still a mystery about the inheritance. The later case of Godfrey v. Davis (1801) throws no further light on the issue, simply assuming that the 1795 will was valid, at least as far as his personal estate was concerned. (1) PCC Will proved 26 February 1796, TNA Ref PROB 11/1271 Harris Quire Numbers: 49-97. |