Dorothy Docton’s Charity, 1737

Taken from North Devon Record Office documents, ref: NDRO/1843 PF/40, 41 and 42,
and Endowed Charities Report (Devon), published 1908.

Transcribed by David Carter 2023

[Implied letters in brackets have been added by the transcriber. Spelling remains verbatim]

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Transcriber’s notes:

Dorothy Docton’s birth/baptism is not recorded, but research has indicated that she was born about 1675 as ‘Dorothy French’, probably the daughter of Abel and Cesill French, in the parish of Northam.

Abel French (gent) married Mris Cesill Berry at Northam on 1st June 1663, and they had 5 children, of which Dorothy was the fourth, none of them were baptised.
Dorothy married Peter Docton (1657-1715) on 6th April 1706 at Northam Parish Church.
They had no children.

In 1724, she was left money by John Jeffery in his will, as follows:
"I do also charge my whole estate with an annuity of forty shillings per annum to be paid for ever to the use that madam Dorothy Docton of the parish of Northam shall devise by will provided that a forty pound bond which Madam Dorothy Docton hath on me be delivered up to my executor or the possessor of my estate." (NDRO ref: 1843A-PF/94)

In 1737, this annuity was confirmed in the document transcribed below, in which Dorothy Docton expressed her wishes that a schoolmaster be appointed, in order to teach six poor children to read to a sufficient standard, to be able to understand the Bible in English.

Dorothy Docton died in 1748, the last of the Docton family to live in Appledore.

A subsequent document (NDRO/1843 PF/42), dated 1776, confirmed that Joshua Bawden, minister of Northam Church, was now the main trustee of this charity, and appointed two further trustees to act with him. However, the 1908 Charities Report confirms that the Benson family who controlled these lands at the time, refused to pay the rate after 1775, and the charity lasped.

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Text of Documents:

Dorothy Docton’s education charity deed, 1737.

To all Christian People to whom these presents indented shall come, Dorothy Docton of Northam in the County of Devon widow sends greeting.

Whereas John Jeffery late of Appledore in the parish of Northam aforesaid, in and by his last Will and Testament in writing, bearing date the 3rd day of August, which was in the year of our Lord one thousand seven hundred twenty and four [1724], did (amongst other things) give and devise in the words following (to wit):

I do also charge my whole estate with an annuity of forty shillings per annum, to be paid forever to the use that Madam Dorothy Docton of the parish of Northam shall devise, by will provided that a forty pound bond which Madam Dorothy Docton hath on me be delivered up to my executor, on the possession of my estate, and of such Will constituted and appointed William Jeffery, son of Edmond Jeffery then late of Tenby, and who then lived in London, whole and sole executor to whom he also thereby gave and devised all his estate whatsoever, not before given. To hold to him and his heirs males forever, with remainder over as by such Will proved by such executor in the proper spiritual Court relation being thereunto had may more fully appear.

And whereas the said John Jeffery had at the time of his death, and dyed seized of a considerable Reall Estate of inheritance situate in the parish of Northam and elsewhere, which on such his death came to the said William Jeffery, the executor and devisee by virtue of such Will, charged with the said forty shillings a year forever as aforesaid.

And Whereas the said Dorothy Docton (who is the same person called by the name of Madam Dorothy Docton in and by such Will as aforesaid) did soon after the death of the said William Jeffery the executor and possessor of the said testators estate, the said Bond of forty pounds which she had on the said Testator pursuant to the directions of the said testator, in and by the said Will, and the said annuity for many year now last past continually been paid by the said executor and devisee, but the said Dorothy Docton hath not hitherto made any disposition of the said annuity itself.

Now know ye that the said Dorothy Docton, for diverse good causes and considerations her thereuto moveing, hath given, granted and devises and by these presents, doth give, grant and devise unto Robert Dolman of Northam aforesaid clerk, Minister of Northam aforesaid, James Chappell of Northam aforesaid merchant, and George Pollard of Northam aforesaid merchant their heirs and assignees, the said annuity of forty shillings a year. To have and to hold the said annuity unto the said Robert Doleman, James Chappell and George Pollard, their heirs and assignees forever, upon the several trusts following (that is to say):

Upon Trust to employ the said annuity yearly forever, in keeping to schooll, and teaching to read, untill they can respectively read the Bible in the English tongue, of six poor children inhabitants of the said parish of Northam under the age of eleven years, such as the said trustees and their assignees for the time being, or any two of them, from time to time shall think most proper objects of charity for that purpose, and appoint without respect or difference of persons whether their parents or themselves, have releiff of the said parish or not every such appointment to be by Instrument in writing, under the hands of the said trustees, or any two of them, and in buying books for the use of such poor children in such their reading.

And upon this further Trust, that upon the death of any one of more of the said trustees, the survivors or survivor shall and will within one Kalendar Month next after every or any such death or deaths by some writing under their or his hand, nominate two or one (as the case may happen to be) other sufficient inhabitants or inhabitant of the said parish to be trustees, or trustee with such survivors or survivor of the said charity, so as the number of such trustees be always three.
    
Provided always, and it is the mind and will of the said Dorothy Docton, that the Minister of the said parish of Northam for the time being, be always one of such trustees, and that every such instrument of appointment and nomination be kept together with these presents in the parish chest of Northam aforesaid.

Provided also that it shall be in the power of the said trustees, or any two of them, at any time at their pleasure, to remove all or any such children from the said schooll, and to appoint others in their places in manner as aforesaid.

In witness whereof the said Dorothy Docton hath hereunto sett her hand and seal the 3rd Day of November, in the year of our Lord One Thousand seven hundred thirty and seven [1737].

[Signed]: Dorothy Docton

[Written in left-hand margin]:
Accompted[?] at Northam in the County of Devon by Dorothy Docton the third of November in the eleventh yeare of the raigne of our soveraigne Lord George the Second, King of Great Britain and soe forth, and in the yeare of our Lord one thousand seven hundred thirty and seven [1737], before me: Narcissus Hatherly (a Master Extraordinary in Chancery and soe forth).

(taken from NDRO 1843/PF/40)

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A note of the charges of inrolling Madam Docton's deed in the High Court of Chancery.

November 1737
Paid Stamping the deed with a 5s stamp            £0.5s.0d
Attending to get it stamp[e]d                    £0.3s.4d
Paid at the office for Inrolling thereof            £0.3s.4d
Attending at the office to get it done                £0.6s.8d
Attending soe in the whole affair                £0.6s.8d
Postage of letters and carriage of the deed from London    £0.1s.8d
[Total]                                £1.19s.10d

Received the 12th of October 1738 of Madam Dorothy Docton the full extent of the above bill by me, Nar[cissus] Hatherly junr.

(taken from NDRO 1843/PF/41)

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The Rev[ere]nd Mr Joshua Bawdon's Appointment of Trustees for late Mrs Docton's Charity.

To all people to whom these presents indented shall come, I Joshua Bawden of Northam in the County of Devon, clerk, the minister of the said parish of Northam send greeting.

Whereas Dorothy Docton late of Northam aforsaid, widow deceased, by her deed indented, bearing date the third day of November one thousand seven hundred and thirty seven, inrolled in his Majestys high court of Chancery, Did give, grant and devise unto Robert Dolman of Northam aforesaid, clerk deceased, then Minister of Northam, James Chappell of Northam aforesaid, merchant, since deceased, and George Pollard of Northam aforesaid, merchant since also deceased, their heirs and assigns, one annuity of forty shillings per annum, payable out of the lands late of John Jeffery of Appledore aforesaid, and deceased.
To hold the said annuity unto the said Robert Doleman, James Chappell and George Pollard, their heirs and assigns forever.

Upon the several trusts following (that is to say) Upon Trust to employ the said annuity yearly forever in keeping school and teaching to read untill they can respectively read the Bible in the English Tongue of six poor children, inhabitants of the said parish of Northam under the age of eleven years, such as the said Trustees and their assigns for the time being, or any two of them from time to time shall think most proper objects of charity for that purpose, and appoint without respect or difference of persons, whether their parents or themselves have relief of the said parish, or not, every such appointment to be by instrument in writing under the hands of the said Trustees, or any two of them in buying books for the use of such poor children in such their reading.

And upon this further trust that upon the death of any one or more of the said Trustees, the survivors or survivor, shall and will by some writing under their or his hand, nominate two or one (as the case may happen to be) Trustee with such survivors or survivor of the said charity as the number of such Trustees be always three, provided always, and it is thereby declared that the minister of the said parish of Northam for the time being be always one of such Trustees reference to the said recited deed being had will more fully appear.

And whereas the said Robert Doleman did some time since, and I the said Joshua Bawden suceeded him as minister of the said parish of Northam, whereby I became a Trustee of the said Charity. And whereas the said James Chappell and George Pollard are both since dead. Now knowe ye that I the said Joshua Bawden by virtue of the power and authority to me in that behalf given by the said recited deed, do by this writing under my hand, nominate James Chappell of Appledore within the said parish of Northam, gentleman, and Thomas Chappell of the same place, merchant, two sufficient inhabitants of the said parish to be Trustees with me the said Joshua Bawden of the said charity according to the true intent and meaning of the said recited deed.

In witness whereof, I the said Joshua Bawden have hereunto set my hand and seal this fourth day of October in the year of our Lord one thousand seven hundred and seventy six [1776].

[Signed]: Jos[hu]a Bawden

Sealed and delivered in the presence of us: Robert Brooks, Ann Joce.

(taken from NDRO 1843A/PF/4/4/3)

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Endowed Charities (County of Devon)
Return to an order of the Honourable The House of Commons, 26 July 1905, for Parish of Northam (including Appledore).
Ordered by the House of Commons to be printed: 24 March 1908.
Pages 6 and 7.

By deed, indented and enrolled in Chancery, bearing date 3rd November 1737, reciting that the before-mentioned John Jeffery, by his will, bearing date 3rd August 1724, charged his whole estate with an annuity of 40s, to he paid for ever, to the use that Dorothy Dorton should devise by will, provided that a £40 bond, which she had on him, should be delivered up to his executor, or the possessor of his estate, and appointed William Jeffery his executor, and devised all his estate not before given, to him, the said William Jeffery, and his heirs male, for ever, and died seised of a considerable real estate at Northam, which, on his death, came to the said William Jeffery, by virtue of such will, charged with the said 40s. per annum; and reciting, that she, the said Dorothy, had delivered to the said William Jeffery the said bond for £40, and that the said annuity had been, for many years, continually paid by the said executor, but that she had made no disposition of the said annuity; the said Dorothy Dorton thereby granted and devised to Robert Dolman, of Northam, clerk, and two others, and their heirs, the said annuity of 40s. upon trust, to employ the same yearly, for ever, in keeping to school and teaching to read, until they could respectively read the Bible in the English tongue, six poor children, inhabitants of the said parish of Northam, under the age of 11 years, such as the trustees, for the time being, or any two of them, should think most proper objects of charity for that pUrpose, and appoint, without respect or difference of persons, whether their parents or themselves had relief of the said parish, or not; every such appointment to be in writing, under the hands of two of the trustees, and in buying books for the use of such poor children in such their reading; and upon trust, upon the death of one trustee, to appoint another by writing, under their hands, so that there should be always three, the minister of Northam, for the time being, to be always one; provided that the trustees, or any two of them, should have power to remove any of the children from the said school and appoint others.

It is stated in an entry in the parish book, said to be in the hand-writing of Mr. Thomas Chappell, an inhabitant of Northam, now deceased, that this annuity was charged on late Jeffery's lands, in East Appledore, adjoining the river, which were, after this donation; purchased by Mr. Benson; that Mr. Benson paid the annuity to Lady-day 1750, after which, on his failure, the lands were seised by the crown; and that afterwards, upon the affairs of Mr. Benson being settled, Mr. Peter Benson, in 1775, being put into quiet possession, made his first payment of 16s.10d for half a year's annuity, to Lady-day 1775, allowing 3s.2d. for land-tax.

Another entry in the same book, in the same hand-writing, states, that Mrs. Docton's annuity of 40s was payable by Mr Peter Benson, out of Jeffery's lands, on the new quay. By deed, bearing date 4th October 1776, Joshua Bawden, as being a trustee of Mrs. Docton's gift and in respect of his situation as minister of the poor of Northam, appointed James Chappell, and Thomas Chappell, of Northam, to be trustees with him of the said gift.

It appears that Mr. Peter Benson died about 20 years ago, that his son, Mr. John Benson, succeeded to his real property, and that he has since died, leaving his estate to trustees, for the benefit of his widow and children.

We have no evidence of the payment of the annuity since 1775, and are told that it has been demanded at various times of Peter and John Benson, but that payment has been refused by both, the latter assigning as a reason, that the land charged was not accurately described. We have applied for information to James Cutcliffe, esq. a trustee under Mr. John Benson's will, and are told by him, that he had never heard of such a charge on any part of the estate and that he had written to the widow of John Benson, who, in answer to his inquiries, had stated, that she had heard nothing of it. It seems clear, that the estate, which formerly belonged to John Jeffery, is liable to the annuity of 40s; and if, as we are led to suppose, the whole, or at least some part of it, has come into the possession of the trustees of John Benson, we apprehend they are chargeable with the payment of the annuity in respect thereof.
 

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