The Hammond Will and the School
Thomas Hammond wanted to have a school set up in the town in his honour to educate the poor. He could not have envisaged that such a simple bequest would lead to complex court cases. happily in the end his wish was granted!
Item 1
The Will of Thomas Hammond
In the name of God Amen. I Thomas Hammond of Somersham in the County of Huntingdon being of sound mind and memory do make this my last will and testement in manner following. First my will is and I do hereby direct that all my just debts and funeral expenses be paid and discharged as soon as conveniently may be after my decease.
Them I give and bequeath to John Dighton of Staple Frome London, Gentleman the sum of one thousand pounds of lawful money of Great Britain. Them I give and bequeath unto my servant Thomas Devenny the sum of three hundred pounds of the lawful money of Great Britain and my wearing apparel of all sorts. I also give and bequeath to Sarah Preston wife of John Preston of Sherrard Street in the Parish of St James Wastmer in the County of Middlesex one hundred pounds to be paid to her own separate and peculiar use and I do further direct that the receipt of the said Sarah Preston shall be sufficient discharge to the executors herein after named of this my last will for her said Legacy. Them I give and bequeath unto Ann Holmes Spinster now living with this Mr Preston Undertaker in Sherrard Street aforesaid the sum of two hundred pounds of like lawful money of Great Britain all which last money legacies I direct shall be paid by the executors and trustees of this my will within six months next after my decease and I do hereby charge all my estate both real and personal which shall remain after my debts and funeral expenses are paid with the payment of the above money legacies. Them I give and bequeath to the poor of the Parish of Somersham of the sum of £200 which I order and direct shall be placed out at interest in the names and at the discretion of the minister Steward of the manor and Churchwardens of the Parish of Somersham for the time being and the interest and produce thereof I order and direct shall be annually by the said minister, Steward and Churchwardens at their discretions unto and among the poor of the said Parish of Somersham. Them I give and bequeath all my manners, lands and tenements both freehold and copyhold in the several Counties of Huntingdon and Gloucester and also my Personal Estate which shall remain after my debts funeral expenses and the above mentioned legacies aforesaid unto Morgan Graves of Michalton in the County of Gloucester Esquire and William Mills of Austin Fryers London Esquire and to the survivors of them and the heirs Executors and Administrators of such survivors in gift to sell dispose and convey all such my manners and tenements.
Dated 25 December 1746
Copy in Hunts Small Collections
Accession 33
Bundle 1
Item 2
During 1751 someone else got his hands on the money - although the circumstances are far from clear...
22 April 1752
Between William Mills Esq. one of the executors and trustees in the will of Thomas Hammond Esq. Deceased
I do hereby certify that pursuant to an order dated twenty seventh of June last I have this day by note under my hand written on cheque paper number four thousand three hundred and seven Drawn on the Governor and Company of the Bank of England for the sum of two hundred pounds which I have made payable to Mr Robert Johnson on his causing one hundred and eighty eight pounds thirteen shillings and eight pence South Sea Annuitys subscribed to be transferred to hold in trust in this cause according to the directions of the said order.
Cambs. County Record office - Huntingdon
Small collections, Accession 33, Bundle 1
Item 3
By 1874 matters were still not resolved and the whole thing ended up in court.....
1874 In the Matter of the Charity known as The Somersham School Charity and of the Hammond Legacy
This court roll of 1874 is useful as it gives some history on the legacy and fits in with other original documents.
No2
By an order of the master of the Rolls made in the case of Mills versus Broxholme and others (which was suit to administer the estate of the said Thomas Hammond) on the 27th day of June 1751 it was ordered that the Plaintiff should pay into the bank the sum of £105-11-6 and the Defendant Broxholme the sum of £94-8-6 and that the said sums should be laid out in the purchase of South Sea Island Annuities subscribed in the name and with the privity of the Accountant General to be placed to the credit of that cause and that the dividends and interest thereof should be from time to time paid to the Minister, Steward of the Manor and Churchwardens of the parish of Somersham aforesaid to be applied by them according to the directions of the Will of the testator Thomas Hammond. In accordance with such order the sum of £188-13-8 South Sea Annuities was duly purchased by the said Accountant General.
No 4
A petition undated was subsequently presented to the Trustees of Thomas Hammond’s will by the Parishioners of the Parish of Somersham aforesaid and also of the poor of the parish aforesaid in general repeating in substance the statements in the case laid before Mr Charles Yorke and praying that the interest and the produce of the said £200 might be laid out to endow a Charity school for the education of poor children only in Somersham aforesaid as the petitioners were all in general desirous thereof and that it might not be applied to any other use. This petition was signed by ninety persons which from the size of the Parish must have included almost all the heads of families therein.
No 5
By an Affidavit dated 1 August 1755 the said Reverend Daniel Whiston deposed that he had been curate of Somersham 45 years and upwards and had during that time been intimately acquainted with the said Thomas Hammond and that he had heard the said Thomas Hammond several times affirm that he would at his death leave a handsome legacy for the endowment of a Charity School at Somersham aforesaid and verily believed it was owing to inadvertency it not being so expressed in the said will the Deponent knowing that it was the said Thomas Hammond’s fixed resolution to leave a legacy for the use of a charity school.
No 6
By Indentures of Lease and Release the latter dated 27 January 1767 and made between John Thompson and William Underwood Esquires, William Constance, John Ibbott, John Kent, James Mason, John Eden, Francis Marfleet, John Rumbald Leeds, John How, Martin Rawlings gentlemen and the Reverend John Wilson Clerk Curate of Somersham aforesaid and which the said John Kent and John Ibbott were Churchwardens at the said Parish and the several other persons not particularly by name mentioned as parties to the now stating Indenture whose hands and seals were thereunto set and subscribed Commoners of the Manor on the one part………
And George Duke of Manchester (Lord of the said Manor), The reverend Thomas Rutterforth (Rector of Somersham aforesaid), Francis Otway and Thomas Johnson (Steward and Deputy Steward respectively of the Manor of Somersham aforesaid) of the other part……….
The said will, order and affidavit were recited and in such Release it was further recited that the Minister, Steward and Churchwardens of Somersham aforesaid for the time being and out of interest and dividends arising from the said sum of £188-12-8 saved and accumulated the sum of £100 and had invested the same in the name of the Minister Steward and Churchwardens of Somersham aforesaid upon a mortgage of turnpike tolls therein described.
And that the said parties thereto being desirous to promote the pious intention of the said Thomas Hammond had mutually agreed that the land thereafter mentioned should be vested in the several parties now stating Indenture…..
The document goes on to refer to 12 acres of land to be set aside by the above parties and their heirs for school house and schoolrooms and the rest of the land used to generate rent which would pay for the running expenses and repairs to the school.
Huntingdonshire Small Collections Accession 33 Bundle 17