Henry Smith



Did You Know?

  • Various newspaper articles from the 1820s refer to a legal dispute between James Inglis and Henry Smith and seek the heirs of Elianor Elkins and Elizabeth Elkins. I suspect the dispute related to Eleanor's 1818 will (in which she made Henry her executor), but a page-check from the The National Archives revealed that the case runs to several hundred large pages and I'm not interested enough to pay such a large sum to obtain copies!

Documentary Sources

[719]
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WHEREAS by a Decree of the High Court of Chancery, bearing date the 17th day of December 1825, made in a cause wherein James Inglis and another are plainti?s, and Henry Smith and others are defendants, it was referred to James William Farrer, Esq, one of the Masters of the said Court, to inquire and state to the Court who was or were the heir or heirs at law of Eleanor Andrews, in the pleadings named, at the time of her death, and who are or is now such heirs or heir at law. - The heir or heirs at law of the said Eleanor Andrews, formerly Elkins, late Housekeeper to Samuel Yew, late of Leigh, in the Parish of Westbury, in the County of Wilts, Esq. deceased (who was the daughter of William Ilkince and Mary his wife, formerly Mary Ball, Spinster, was married to Richard Andrews, Widower, late of Amesbury, in the County of Wilts, on the 23d of November 1758, and was buried on the 5th of April 1769, at Westbury, in the County of Wilts), at the time of her death, and who are or is now such heirs or heir at law, are, on or before the 2d day of May next, to come in before the said Master, at his Cham- bers, in Southampton-Buildings, Chancery-Lane, London, and prove their heirship and make out their claims, or in de- fault thereof they will be peremptorily excluded the benefit of the said Decree.

WHEREAS by a Decree in the High Court of Chancery, bearing date the 17th day of December 1825, made in a cause wherein James Inglis and another are plaintiffs, and Henry Smith and others are defendants, it was referred to James William Farrer, Esq. one of the Masters of the said Court, to inquire and state to the Court who was or were the heir or heirs at law of Elizabeth Elkins, otherwise Yew, other- wise Edwards, in the pleadings named, at the time of her death, and who are or is now such heirs or heir at law. - The heir or heirs at law of the said Elizabeth Elkins (who was the natural daughter of Samuel Yew, late of Leigh, in the Parish of Westbury, in the county of Wilts, Esq. deceased, on the body of Eleanor Andrews, formerly Elkins, late Housekeeper to the said Samuel Yew, and who afterwards was married, about the month of October 1769, to John Edwards, formerly of Saint-Mary-le-Bone, in the county of Middlesex, Esq. now deceased, after which marriage, when publicly known, the said Elizabeth Elkins went by the name of Elizabeth Edwards, and many years afterwards assumed the name of Elkins, in- stead of Edwards, and was buried on the 15th of January 1819, in the Independent Burying-Ground, in the Parish of Walcot, in the county of Somerset), living at the time of her death, are, on or before the 2d day of May next, to come in before the said Master, at his Chambers, in Southampton-Buildings, Chancery-Lane, London, and prove their heirship and make out their claims, or in default thereof they will be peremptorily excluded the benefit of the said Decree.

Source: The London Gazette, Friday April 17 1829

This is the last Will and Testament of me Elizabeth Elkins otherwise Elizabeth Edwards of the Parish of Walcot in the County of Somerset Christened at the Parish Church of North Bradley in the County of Wilts as Elizabeth the daughter of Eleanor Elkins and married at the age of seventeen at Mary le bone Chapel in the County of Middlesex by the name of Elizabeth Yew Spinster to John Edwards formerly of London but afterwards of Chalcot House in the said County of Wilts Esquire deceased but which marriage never having been consummated and being in Law void I have adopted and gone by the name of Elizabeth Elkins Whereas under and by virtue of the last Will and Testam't of Samuel Yew late of Westbury Leigh in the Parish of Westbury in the said County of Wilts Esquire deceased I became entitled to a considerable Real and Personal Estate And whereas Articles of Separation were duly ???ted between me and the said John Edwards by which the said John Edwards released all title and claim to the Real and Personal Estate to which I became so entitled as aforesaid so that the same with the Savings Increase (?) and Accumulations thereof for many Years remains subject to my disposition And whereas I am desirous to dispose of such the Real and Personal Estate devised to me or for my benefit by the said Samuel Yew and of a Sum of Stock in the Bank three PerCent Consolidated Annuities belonging to me which was many Years now invested in the Name of William Andrews late of the City of London C???mist deceased and of the Rents of the said Real Estate and of all the Savings Increase and Accumulations of the same respectively and of all my real and personal Estate whatsoever in manner hereinafter mentioned yet nevertheless my intention is not to include in this my Will the little Property I have in Bath which being of no great value I mean to give or deliver over in my lifetime to the persons who have been attentive to me in my illness and to whom it will be a considerable benefit Now I the said Elizabeth Elkins otherwise Elizabeth Edwards do by this my last Will and Testament signed published and declared by me in the presence of the three credible persons whose names are hereunder written as Witnesses then to give and devise limit and appoint all such Real Estate whatsoever given or devised to me or for my benefit by the Will of the said Samuel Yew and which under the said Will or the said Articles of Separation or any power therein contained (?) respectively I have any right or title to give or dispose of and of all other my Real Estate whatsoever unto Henry Smith of Drapers Hall in the City of London Esquire To hold to him his heirs and assigns for ever upon Trust that he or his heirs do and shall as soon after my death as conveniently may be absolutely sell and dispose of the same Real Estate either together or in Parcels by Public Sale or Private Contract and for the best Price or Prices they can reasonably obtain...
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... and to pay and satisfy to the Representatives of Jemima Brotinam late of Bath Spinster deceased the Sum of thirty Pounds borrowed of her on my note of hand with all interest that shall be due thereon And also to pay to Maria Davis Harriet Jane Davis and Elizabeth Mary Davis the three daughters of my late esteemed friend Elizabeth Davis deceased the Sum of one thousand Pounds and do and shall stand (?) possessed of and interested in the residue of the money to arise and be obtained as aforesaid upon the Trusts and to and for the intents and purposes following that is to say As to three thousand Pounds part thereof for the Society called the British and Foreign Bible Society As to three thousand Pounds other part thereof for the Society called the Sub??? Society for establishing Schools and ???lating the Holy Scriptures in ??? As to two hundred Pounds other part thereof for the Society called the Sick Mans Friend Society belonging to Argyle Chapel As to two hundred Pounds other part thereof for the Society called the Sick Mans Friend Society belonging to Lady Huntingdons Chapel As to four hundred Pounds other part thereof for the Society called the Strangers Friend Society belonging to the Chapel of the Wesleyan pursuasion in ??? King Street in Bath Yet nevertheless as to the said three several Legacies of Two Hundred Pounds ^two hundred pounds^ and four hundred Pounds subject as hereinafter mentioned As to five thousand Pounds other part thereof for the Society called the Society for Promoting Christian knowledge ...
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... And lastly I hereby revoke all former Wills and Codicils by me at any time heretofore made In Witness whereof I the said Elizabeth Elkins otherwise Elizabeth Edwards have to this my last Will and Testament set my hand and seal the twentieth day of February One thousand eight hundred and eighteen |-| E. Elkins |-| SS |-| Signed sealed published and declared by the said Elizabeth Elkins otherwise Elizabeth Edwards the Testatrix as and for her last Will and Testam't in the presence of us who in her presence at her request and in the presence of each other have hereunto subscribed our Names as Witnesses thereto |-| H. P. Ridpath of Bath Attorney |-| R. Slocombe Jno Turner his Clerks
Proved at London 2nd May 1820 before the Worshipful Augustus Gostling (?) Doctor of Lauws and Surrogate by the Oath of Henry Smith Esq'r the sole Executor to whom Admon was granted having been first sworn duly to administer //

Source: PROB11/1629
National Archive

Locations

20/02/1818 Drapers Hall, City of London
Please note that map data is based on modern streets and house numbers (where a street of that name still exists), and may not reflect the actual historical location.