Trustees of the Charity of Edward Hopkins. Records of the Trustees of the Charity of Edward Hopkins, 1700-1983. [Order of Court of Chancery regarding the recovery of the legacy of Edward Hopkins], 1709 July 9. HUY 26 Box 2, Folder 1, Harvard University

Lord Chancellour Sabbati nono die Iulii; anno Regni Annae Reginae octavo Inter Atturn Genall Dnae Annae Reginae Quer: Everard Exton Gen: Georgiu Knighton et Rebeccam Un: ejus, Patientia ffitch & Philippa Coleman & Iuditha Page Des.ter

Upon the hearing and debating of the Matter in question between the said Partys this present day in the presence of Councel learn'd on both sides; the substance of the Plts Bill appeared to be that one Edward Hopkins by his will in writing dated the 7th of March 1657. (after several particular Legacies thereby given) did devise the residue of his personal Estate om Mew England, unto Theophilus Exton, John Davenport, John Cullock & Wm. Goodwin in trust for the breeding up of youth in ye way of learning for the publick service of the Country in future time; and also devised the Sum of 500 [pounds] to be remitted out of his Estate in England into New England within six months after the death of Ann his Wife according to the advice of Major Robert Thomson & Francis Willoughby, into the hands of the said Trustees, in further prosecution of these publick service of the Country. And devised unto Henry Dally his Mannor or Farme of Thiskoe in Essex for payment of all his debts & Legacies, and made him Sole Exec.r and residuary Legatee, and soon after dyed seized & possessed of a considerable real & personal Estate. After whose death the said Henry Dally professed himself of all the Said Edward Hopkins his Estate, except a Farme

in ffarmington in [Com?] devised to one Mrs. Sarah Willson. That on the 30th of July 1665, the Said Henry Dally made his Will in writing, and the [Def.or?] Exton Exec: thereof, to whom he gave a legacy of 100 [pounds] and after paym.t of his Debts and some particular Legacies, did devise the remainer of his Estate as the same should be got in to be laid out, and settled on some real Estate for the maintenance of his two sisters Elizabeth Novell and the Des.t Patience Ffitch and their Children, and that the reals & profits thereof should be equally divided between his said two Sisters during their joynt lives, and as either of them dyed, between the surviver & ye Child or Children of the Dec.d And such purchase was to be lyable to the payement of the Legacies charged by ye Said Edward Hopkins Will, or the said Dally. That ye Des.r Exton proved the said Henry Dally's Will and possess'd himself of the said Dally's Estate more than sufficient to pay his debts. That about the 10.th of December 1699. the said Ann Hopkins dyed, so that the said 500 [pounds] Legacy became due on the 10.th of May 1700. and ought to have been remitted into New England, according to the direction of the Testator Hopkins his will. That the Trustees Thomson & Willoughby are dead, and ye. Des.ts by contrivance together are endeavouring to convert the said 500 [pounds] Legacy to their own use. And therefore that the Defend.' may set orth wheter the Said Edward Hopkins did not make such Will as before set forth and that the Def.t Exton may either admit Assets sufficient to pay the said 500 [pounds] Legacy with Interests from

due about the time in the Bill mentioned, but believes that after all just allowances made to this Defendant he hath not sufficient left to pay the said 500 [pounds?]. That he is willing to come to an account, but hopes he shall have an allowance for what shall appear due to Dally's Estate from Hopkins Estate, and that he shall be ready to pay what shall appear to be resting in this [Def.tr?] hands, after a deduction of the costs, and being indemnised. And the Defendant Knighton & his wife by their answer do say that they believe that there came assets to Dally's hands sufficient to satisfy the 500 [pounds?] Legacy, in the Bill mentioned, and that Edward Hopkins Estate in New England was [D.?] to Dallys Estate for 56. tuns of salt which Dally paid for in London (besides the freightr and Seamen's wages) and also for seven horses at 14 [pounds?] horse, and the Defendant insists to have a moyty of the value of the said salt & horses, either out of the said Hopkins Estate, or out of the said 500 [pounds?]. and Interest, or otherwise as this Court shall direct And this Defendant Patience [Ffitch?] and Philippa Coleman by their answer do say that they believe that thesaid Edward Hopkins & Henry Dally did not make their respective wills to the effect in the Bill set forth, and that the Defendant Exton possessed himself of Dally's Estate, and saith that the Defendant Exton did purchase of this Defendant Philippa Coleman the moyty of the Mannor of Thiskoe for 375 [pounds?]. which was then let at 36. [pounds?] ann. and there [Def.tr?] do insist to have the Debt due to them or the 55 Tun of salt

salt and [7?]. horses at 14 [pounds] horse, and all other debts due from the Testator Hopkins Estate paid prior to the 500 [pounds] Charity Legacy, and that what Interest shall appear to be in the Defendant Exton hands after payment of Hopkins just debts shall not be paid to the Relators, but deemed past of Dally's personal Estate which the Defendant Exton shall be charged withall, and insist to have the same paid to these Defendants according to their interest therein.

Whereupon, and upon long debate of the matter and upon reading the several Wills of Edward Hopkins & Henry Dally, and hearing what was alledged on both sides, This Court doth think and so order & decree that it be referr'd to Thomas Gery Esquire one of the Masters of this Court to take an account of the assets of the said Edward Hopkins (lyable to the said 500 [pounds?]) which any ways came to the hands of possession of the said Henry Dally Deceased or to the hands or possesion of any other person or persons to or for his use, and this Court now declared that the said Edward Hopkins ffarme in Essex called Thiskoe ffarme in not by his Will subjected to the payment of the said 500 [pounds?] Legacy, and if upon the taking of the account of the said Hopkins his Estate it shall appear that there were assests of the said Hopkins Estate come to the said Henry Dally's hands sufficient to pay the said 500 [pounds?]. Charity Legacy, then It is further ordered and Decreed that the Defendant Exton do come to an account before the

the said Master for the assets of the said Henry Dally, which hath any ways come to the said [Deft.] Extons hands or possession, or to the hands or possession of any person or persons to or for his use, In the _ taking of which account of the said Dally's Estate _ the said Master is to examine and certifye whether any and what purchase or purchases has or have been made by the assets of Dally which were _ lyable to, or ought to be look't upon as assets for payments of the said 500.[tt] legacy, and is also to _ make unto the said Deft. Exton all just allowances. And this Court doth order & decree that the _ Estate o the said Henry Dally which shall appear to have so coke to the hands of the said Def.[Q] Exton be applyed to answer and make good to the [Plts] the said 500.[tt] legacy, so far as the assets _ of the said Hopkins which came to the said _ Dally's hands, were lyable to the payment of _ the said legacy, and in case the said 500.[tt] legacy _ shall be recovered, then this Court doth order _ and Decree that the same be paid and applyed _ to the School or Colledge in New England for _ the breeding up of Schollars there, in the study_ of Divinity, according to the will of the said Testator Hopkins, and in order thereto the said Master is to write to the Governour of N. England to be informed whether there be such school or Colledge, as is prescribed or mentioned in the _ said Testator's will; and if no such School or _ Colledge

Colledge there, then to be informed what other _ school or Colledge is there to the same uses. _ And the said master is to state to this Court how he finds the said matter, and there upon such further order and directions shall be given as shall be just. And this Court doth reserve the consideration of interest for the said 500.[tt] untill after the Master's report shall be made But this Court doth order that the said ma.r do tax all Partys in this Cause their costs _ which are to be paid to them respectively out _ of the Estate of the Testator Hopkins. _

40 Order of Court of Chancery referring to Thor. Grey Masr the quertrer of recovery of legacy of Edwd Hopkins July 9 1709