Summary of and Extracts from the Copy of the General Report in the Cause
Clerke v. Clerke
28th May 1761

[transcribed from HCRO 2M30/341 (Rose Estate)]

This case is the continuation of the saga related in Clerke v. Biddulph 1754. By 1761 a number of the original defendants had died, including Benjamin Clerke, Agnes Greenhill and Michael Biddulph.

Much of the General Report is concerned with the continuing delay over the construction of the proposed chapel at Hinton Admiral, and the stipends still due to various curates under the Will of Sir Peter Mews. Also dealt with are the still yet to be instigated charities at North Mimms under Lady Mews's Will.

The most significant item in terms of the enabling of settlement of the various trusts was the sale of leasehold estate to Edward Hooper, which the Earl of Malmesbury later inherited along with Hurn Court. This transaction was crucial to the establishment of Malmesbury's interest in the subsequent enclosure of Westover. Without this interest rivalling that of the Lord of the Manor it is doubtful whether the commons established under the enclosure would have been preserved as public parks when Bournemouth subsequently expanded its boundaries. The sale is detailed in the report as follows:

I find in my Report of the 20th December 1758 that I had thought fit to allow of Edward Hooper Esq. as the best purchaser of the said Leasehold Estate at the price of £5,250 which said Report hath been since absolutely confirmed and the said £5,250 the purchase Money paid into the Bank pursuant to an Order dated the 3rd day of February 1759.

The chief output of the report, though, is the bringing together in numerous Schedules of various executors' accounts, finally enabling the various trusts of the respective Mews Wills properly to be executed.

The First Schedule to which my Report annexed refers containing the particulars of the Personal Estate of the said Dame Lydia Mews (not specifically bequeathed) that hath come to the hands of or been received by the said Defendant Richard Buck.
 

Bride Lane Estates
in London

  
Various dates from 29th July to 16th December 1751 Details of various rents  
 

Hampshire Estates

  
Various dates from 17th December 1751 to 20th June 1753 Details of various rents, including the names of tenants, names of some of the properties (including William Dale who owed rent at £150 p.a. for Holdenhurst Farm and £15 p.a. for meadow ground known as Kents Croft. This William Dale was perhaps the same as the curate of Holdenhurst, one of the defendants)  
 

TOTAL

 £2,031-4-4

The Second Schedule with my report annexed refers containing an account of the said Defendant Richard Buck's payments and the several sums of money which he is to be allowed out of and in respect of the said Dame Lydia Mews's Personal Estate not specifically bequeathed come to his hands:
Various dates from 13th September 1751 to 16th December 1752 Details of various expenses, chiefly tithe payments, but also including such items as "The Expenses of a Journey to Hinton Admiral in Hampshire in June 1751 to take an account of the said Testatrix's Effects"  
 

TOTAL

 £485-10-10

The Third Schedule to which my report annexed refers containing an account of the Personal Estate of the said Dame Lydia Mews (not specifically bequeathed) which came to the hands of the late Defendant Agnes Greenhill, one of her Executors and for which on the value thereof the said Defendant Joseph Clerke stands charged as in the foregoing report mentioned:
  By the Household Goods, Furniture and other Effects of the same Dame Lydia Mews as in and about her late dwelling house at Hinton Admiral in the Parish of Christchurch in the County of Southton where she dyed as Inventryed valued and appraised by Robert Cranston and John Books, all which she the said Agnes Greenhill took at the appraised value being the sum of 467-14-11
  For the Books of the said Dame Lydia Mews valued and appraised by Thomas Burnan, all which she the said Agnes Greenhill took at the appraised value being the sum of 21-0-0
  For the dead and live stock belonging to the said Dame Lydia Mews at the time of her death as taken valued and appraised by Joseph Harvey and John Dean, which she the said Agnes Greenhill likewise took at the appraised value being the sum of 279-8-5
  For the Jewels, Watches, Gold Rings, Trinketts and other things of the said Dame Lydia Mews exclusive of those specifically devised by her Will as the same were Inventoried, valued and appraised by John Saffory, Jeweller and Thomas Gilpin, Goldsmith, and which the said Agnes Greenhill took to her own use as follows:  
  A pair of single drop rose Ear-rings 18-0-0
  13 Colletts with Roses 35-0-0
  A Buckle with 12 Roses 7-10-0
  A Ring with 14 brilliants 7-10-0
  A Silver Watch 1-10-0
  A Watch with a Tortoise Shell Case 1-10-0
  A Silver Box with a Gold Medal 3-10-0
  Seven Gold Rings one ounce one penny weight at £3-10 per ounce 3-13-6
  A George & Chain 20 ounces 2 penny weight 7-7-0
  Four ounces of Gold and an Hook 1oz 15 dwt 6-10-0
  A five maidore[?] piece 6-16-0
  Two seals and 3 Locketts 1-1-0
  A reading glass a Buckle a thimble & smelling bottle 0-7-0
  Eight agate Handle Knives and Forks 1-4-0
  Cash:  
  Cash in an Iron Chest at Hinton including therein a Bank Post Bill for £200 1130-3-11
  Cash found in a purse 0-0-6½
  Cash received by Mr. John Willis by the order and for the use of the said Agnes Greenhill viz. various rents from tenants Rickman, North and Osman xx-xx-xx
 

TOTAL

 £2549-17-9½

The Fourth Schedule to which my report annexed containing an account of the several sums of Money which I thought fit to allow the said Defendant Joseph Clerke in respect of the several payments, disbursements and allowances made by the said Agnes Greenhill in and about the Personal Estate of the said Dame Lydia Mews so come to hands of the said Agnes Greenhill and also in respect of what the said late Plaintiff Benjamin Clerke hath paid and disbursed in respect of the said Testatrix's Personal Estate

 
  The said defendant is to be allowed the sum of £5-5s so much being left in the hands of Mary Phillips by the Order of Mr. George Jarvis Tapps and the plaintiff Richard Buck as the value of one piece of Chinitz or Cotton, two pieces of Brown flowered Holland, 1 piece of coarse Dun Tan, and one silver watch which she insisted were given to her by the said Dame Lydia Mews and which are included in the Inventory or Appraisement of the said Lady Mews's Goods by which the said Defendant stands charged as mentioned in the third Schedule. 5-5-0
  And also the further sum of £5-15-6 as the value of five flitches of bacon likewise included in the said Appraisement and which were afterwards used in the family. 5-15-6
  The said Defendant is also to be allowed the sum of £27-10 for so much allowed by the said Agnes Greenhill deceased to Mr. John Willis as poundage for receiving pay and returning £550-2-6. 27-10-0
  And also the further sum of two pounds two shillings for so much allowed the said John Willis for a Journey to Hinton in order to settle Caleb Butler's account. 2-2-0
  And also the further sum of £4-4 allowed to the said John Willis for his and his Clerk's making and settling 4 copies of the account and attending from 6 in the evening til one the next morning when finished. 4-4-0
1751
April 9th 		Paid Mr. Patrigal's Bill for Post Chaise Hire on account of the Estate of Lady Mews. 2-15-10
September 2nd Paid Robert Cranston for appraising the goods at Hinton 9-9-0
  Paid said John Willis a Bill for Journeys and Attendances 5-5-0
3rd Paid Mr Reeks a Bill for Gloves and Hatbands for Lady Mews's funeral 8-5-0
  Paid [Mr Reeks] for assisting Cranston in appraising the goods 5-10-0
  Paid [Mr Reeks] a Bill contracted by Lady Mews 3-5-6
  Paid Henry Jenkin, plumber, for the remainder of his bill 6-15-8
5th Paid Mr. Burman for appraising the books at Hinton 1-11-6
  Paid North at the King's Arms at Christchurch 0-7-6
9th Paid Mrs. Elizabeth Brisey for the servants' mourning 11-3-6
  Paid [Mrs. Elizabeth Brisey] for another Bill on the same account 0-6-2
  Paid Caleb Butler for Meat at Hinton 1-6-1
  Paid Bennett for Beer for the servants at Lady Mews's funeral 0-14-0
18th Paid North for Wine at different times 3-18-0
22nd Paid [North] another Bill 0-8-0
23rd Paid Henry Jenkins for a Leaden Coffin for Lady Mews 6-6-0
  Paid Mr. John Dean 4 days appraising the livestock at Hinton 2-2-0
  Paid Mr. Joseph Harvey for appraising the livestock at Hinton 2-2-0
  Paid Alexander Catanah for 142 days attended at the House at St. [?] day 7-2-0
  Paid John Barnes his expenses in attending her Ladyship's funeral to Hertfordshire 10-13-6
  Paid [John Barnes] another Bill for Housekeeping 2-12-1
24th Paid Mr. Richard Dean for a Hearse and 6 horses and a Coach and 6 out 8 days at £4 per day 32-0-0
  Paid [Mr. Richard Dean] for a Coach and 4 horses to bring Mrs. Greenhill up to town 8 days at £1 3s a day 9-4-0
  Expenses of the said Mrs. Greenhill's Journey from Hertfordshire to Hinton and of the Housekeeping during her stay there 32-3-2
  Paid Mr. Chancellor for a Coach and 6 to Mimms to attend Lady Mews's funeral 1-15-6
April 3rd Paid Mr. Partridge his Bill of Expenses of Journeys on Lady Mews's death including two pounds 10s paid to Mr. Webster for the Parish of North Mimms 22-5-4
10th Paid Mr. Jefson his Bill for taking Opinion on Lady Mews's Will 19-14-6
July 3rd Paid by Mrs. Greenhill to Mr. Jefson to discharge Mr. Perkin's Bill of Law Charges on Lady Mews's Account 55-11-0
October 20th Paid Mr. Rickman a Bill for Wheat, Malt etc. 25-14-2
1753 Paid the coachman that drove the Coach at Lady Mews's funeral 0-10-6
  Paid John Barnes Bill 0-9-6
July 18th Paid John Reeves for keeping and curing a lame horse for Lady Mews 1-1-0
July 19th Paid Mr. Hart the undertaker for attending Lady Mews's funeral and finding necessaries from London to North Mimms 21-0-0
  Expenses at Hinton and travelling charges there and back to London when Mrs. Greenhill went to Act as Executrix to dispose of the Personality 26-13-10
1754
February 18th		 Paid Mr. Murgatroyd upon account of Interest due to Francis Blake Delaval Esq. 200-0-0
March 21st Paid Mr. Chancellor a Bill for his Coaches in 1753 3-5-0
April 19th Paid Mr. Gilpin and Mr. Manning for appraising Lady Mews's Jewels 2-2-0
May 24th Paid Mr. Godfrey Le Tarrant the Proctor's Bill on account of the Estates of Lady Mews 22-2-8
  Paid [Mr. Godfrey Le Tarrant] for the probate of Lady Mews's Will 4-4-0
  Paid Mr. Stevens for a dozen of Mountain Wine at Hinton 1-1-0

Payments made by Mr. James Willis by the Order and Direction of the said Agnes Greenhill out of the Personal Estate of the said Dame Lydia Mews:

  
  Paid to the Dean and Chapter of Winchester for one Moiety of the Fine of £511 for renewing the Lease of the Tythes of Christchurch pursuant to an Order of this Court made in the original Cause dated the 4th June 1752 225-10-0
  Paid John Dyson for the Fees of the said New Lease 12-13-6
  Paid to Mr. William Bowes for half a year's reserved Rent of the Parsonage of Christchurch due at Midsummer 1752 14-11-0
  Allowed the said Mr. Willis for the Journey and Expenses to Winton renewing the said Lease, Expenses and postage of __[?] 5-5-0
  Allowed him remitting the money for the Fine to London 0-12-6
  Allowed him for drawing the surrender of the Old Lease @ 2 fair copies of it, Ingrossing Parchment and stamps 1-10-0
1753
June 29th		 To him for what he paid Thomas Smith for a debt due from Lady Mews 11-0-0
Payments made by Benjamin Clerke since the death of said Agnes Greenhill:  
1755
April 13th		 Paid Mr. Benjamin Palmer statuary for erecting a monument in the Church of North Mimms to the memory of Lady Mews and for leave from the Vicar there to put the same in the Church 92-5-0
 

TOTAL

 £1,011-18-0

The 5th Schedule to which my report annexed refers, containing an account of the several debts still due and owing from the said Lydia Mews on her Estate, with Interest computed on such of the said Debts as carry Interest.
  Due to Mrs. Ann Bulkeley upon the Defendant Francis Blake Delaval and others' assignment of the Mortgage made by the said Dame Lydia Mews of her several Estates therein particularly mentioned 4,000-0-0
  Due to her more for Interest thereof from Michaelmas[?] 1759, all Interest for the same having been paid to that time, to the 28th Day of May last, the date of this my Report which being one year 3 months and 64 days at the rate of 4 per cent comes to 228-1-0
  Various other debts include £500 loan made by Joseph Clerke, plus interest calculated with regard to the "alteration of the Kallendar" - the adoption in 1751 of the Gregorian calendar. Also included are debts to the executors of the rector of Milford, and an outstanding wine bill.  
 

TOTAL

 £5324-12-2

The 6th Schedule to which my report annexed refers contains an account of the debts due from the said Sir Peter Mews being the Legacies of £100 each to the three children of Joseph Gardiner devised to them by the Will of Mary Gardiner widow deceased, to whom the said Sir Peter Mews was sole Executor, and also the Interest computed on the said Legacies as mentioned in the body of this report.
  The creditors are named as James Orem, clerk, and Elizabeth his wife, Mary Gardiner, spinster, and Beatrix Shaw, widow.  
 

TOTAL

 £510-1-6

The 7th Schedule to which my report annexed refers containing the particulars of the several demands on the Estate of the said Dame Lydia Mews and also an account of what her Personal Estate liable to answer and pay the same now consists.
The particulars of the several demands on the Estate of the said Dame Lydia Mews  
  A legacy of £2000 left by the Will of Sir Peter Mews dated the 20th April 1725 to be laid out in the purchase of lands and that thereout £20 a year should be paid to the 4 Curates therein mentioned and such Curates to be paid such Stipend of 20l a year each until the same should be so invested 2000-0-0
  Half a year's Stipend due to the Rev. Mr. Gabell who succeeded the defendant Jefferson in the Curacies of Hilton [Hinton Admiral?] and Milton at Lady Day 1761 20-0-0
  Half a year's Stipend due to the defendant Dale as Curate of Holdenhurst at the same time 10-0-0
  Half a year's Stipend due to Mr. Wimbolt as Curate of Lymington at the same time 10-0-0
  Due to Mrs. Ann Bulkeley on an assignment of a Mortgage for £4,000 and for the Interest thereof to the 28th Day of May Inst. the date of this my Report the sum of 4228-1-0
  Due to the Defendant Joseph Clerke on Dame Lydia Mews's bond and dated the 6 of June 1749 for principal and remaining Interest to the time aforesaid the sum of 578-18-8
  Due to Mr. John Mitford as Executor of William Mitford deceased upon Dame Lydia Mews's Bond dated the 12th June 1732 for principal and remaining Interest to the time aforesaid the sum of 478-12-4
  Due to Robert Sadler, William Purbeck and Richard Vernon Executors of Thomas Ingles deceased for a pipe of wine sold her the 16th day of February 1750 5-0-0
  Due to James Orem, clerk, and Elizabeth his wife for a Legacy given by the Will of Mary Gardiner to whom Sir Peter Mews was Executor the sum of £100 which together with the Interest thereof to the time aforesaid amounts to the sum of 170-0-6
  Due to Mary Gardiner the like sum of £100 by virtue of the aforesaid Will, which together with the Interest thereof to the time aforesaid amounts to the like sum of 170-0-6
  Due to Beatrix Shaw, widow, the like sum of £100 by virtue of the aforesaid Will, which together with the Interest thereof to the time aforesaid amounts to the like sum of 170-0-6
  A legacy of £300 left by the Will of the said Sir Peter Mews to be laid out in erecting a New Chapel at Hinton and for Interest thereof computed by this and my former Report amounting together to the sum of 421-16-0
  A Legacy of £200 given by the Will of the said Dame Lydia Mews to be laid out in the purchase of Lands for the benefit of the poor of North Mimms, and which hath not yet been paid and laid out, which together with the Interest thereof computed as aforesaid amounts to the sum of 288-18-0
  One other Legacy of £10 left by the said Will to be distributed among the poor of the said Parish of North Mimms 10-0-0
  The Costs of the late Plaintiff Benjamin Clerke and the present Plaintiff Joseph Jarvis Clerke to the time of the hearing of this Cause as taxed by this my Report at the sum of 152-12-2
  The Costs of Richard Buck and Mary Buck, two Defendants in the Original Cause, by this my Report taxed at 75-12-6
  The Costs of Timothy Tapps Buck a Defendant in the Original Cause taxed at 5-12-2
  The Costs of the late Defendant Agnes Greenhill taxed at 35-8-6
  The Costs of the Defendants Jefferson, Dale and Winboldt to the hearing of this Cause which are certified to have been taxed by me in my former Report of the 12th of March 1757 at £26-5-4 zand which have not been since paid 46-5-4
  The Costs of the Defendants Webster, Broome and Marsh taxed at 15-4-6
  The Costs of the Defendant James Stevens taxed at 40-14-6
  The Costs of the Defendant The Attorney General taxed at 14-19-2
  The Costs of the Plaintiffs Mary Buck, Richard Buck and Timothy Tapps Buck in the Cause Buck and Others agt. Clerke and Others taxed at 35-9-7
  The Costs of the late Defendant Benjamin Clerke in the same Cause taxed at 18-12-8
  The Costs of the Defendants Greenhill and Jefson in the same Cause taxed at 19-11-0
 

TOTAL of Demands

 £9016-19-9
An Account of the personal Estate of the said Dame Lydia Mews liable to answer and pay the above Demands  
  £6104-12-0 Reduced 3% Ct. Bank Annuities standing in the name of the Accountant General of this Court and purchased by him with the sum of £5250 the purchase money paid into the Bank by Edward Hooper Esq. the Purchaser of the Leasehold Estate in Question in this Cause, which at the price the same now sells at will raise about the sum of 5311-2-0
  Cash in the Bank in the name of the Accountant General on the Credit of this Cause 868-18-10
  Remaining in the hands of the Defendant Richard Buck on the balance of his Account as in this my Report mentioned the sum of 1545-13-5¾
  Remaining to balance the Account of what had been received and paid by the said late defendant Agnes Greenhill of the Personal Estate of the said Dame Lydia Mews the sum of 1537-19-9½
 

TOTAL of Personal Estate

 £9263-14-1¼