James Oldershaw of Rochester Surgeon of Leicester d 1782 1

November 2022

James Oldershaw (c1717-1782) is of interest because he was the father of Margaret Oldershaw who married James Douglas on 6th January 1780. It was their daughter, Margaret Martha Whiteman Douglas, born 1782, who had possession of J.M.W. Turner's first oil painting, 'Rochester Castle and the Adjacent Ground '. She married Mortimer Tucker, in 1811, and some time after her marriage gave this painting to Tucker's nephew. She is said, by her Nephew, to be the person who bought the canvas for Turner's first oil. There is substantial circumstantial evidence that the house, in Rochester, which Turner visited in September 1792 originally belonged to James Oldershaw and, in 1792, was in the possession of his widow as a life tenant. This study has therefore been extended to consider which members of the family may have been present in Rochester during Turner's visit because they may also have been given gifts of paintings or drawings by Turner.

James Oldershaw's Will

His last will made on 25th October 1780. The first of three pages is illustrated. His will names the following members of his family in this order; notes in italics are derived from other documents examined later:

  • Himself as 'James Oldershaw of the City of Rochester'. (24th May 1717 - 2nd May 1782, probate.)
  • His wife as 'Elizabeth Oldershaw' (21 Dec. 1724 or 4th January 1722 baptised - 14 Oct 1796 or 6th Oct 1796 probate; Formerly Elizabeth Wightman, married, 18th Nov. 1745)
  • His son James Oldershaw (1749-1796, doctor in Stamford, Lincolnshire)
  • His son John Oldershaw (1754-1847, Archdeacon of Norfolk)
  • He then names two deceased ancestors:
    • Mrs Corbett (previously Mrs. Martha Wightman (neé Flemming) d.1750, Elizabeth Oldershaw's mother)
    • Mrs. Frank (relationship unknown)
  • His daughter 'Easter' (Oldershaw) (unmarried as of 25th October 1780)
  • His daughter 'Martha' (Oldershaw) (unmarried as of 25th October 1780)
  • His daughter Elizabeth Wood, wife of Lullam Wood (Their first child, Charlotte, was born 9th December 1779 but this will does not mention her.)
  • His daughter Margaret Douglas, wife of James Douglas (twin of Martha)(who at 25th October 1780 had no children)

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James Oldershaw of Rochester Surgeon of Leicester d 1782

James Oldershaw's Will

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Before examining the will in detail and bearing in mind the objective is to determine the family relationships there are two matters requiring discussion. these are:

  • 1. The relationship between daughters Margaret and Martha, and
  • 2. The marriages of the other siblings

1. Margaret and Martha

  • Margaret and Martha were Twins. This information is found in 'Illustrations of the Literary History of the Eighteenth Century' by John Nichols the well respected editor of 'The Gentleman's Magazine' [publication dates vary between 1817 and 1858 following the publication of his 'Literary Anecdotes' between 1812 and 1815]. Contents of these books seem to be regarded as reliable.
    Nichols writes, "Their [The Rev. James Douglas and his wife Margaret] daughter Margaret [Margaret Martha Whiteman Douglas] was married in 1811 to M. Tucker [(Edward) Mortimer Tucker], Esq.". This is corroborated by register entries.
    Both of James Oldershaw's sons, James and John, brothers of Margaret Douglas, are mentioned in Nichols' statement but the other two sisters, Easter Rudsdell and Elizabeth Wood are omitted.
    The period outlined in this Extract from Nichols runs from 1787 to 1799 when Rev. James Douglas served in Litchborough, Northamptonshire. This does not conflict with Douglas' presence in Rochester around 1780 (when he married) and 1782 (when Margaret Martha was baptised at Rochester) but it does conflict with Turner's visit to Douglas' house in Rochester in September 1792.
    Martha was married in1793 to Richard Glode of Oprington. An entry in the Kentish Gazette for Tuesday, 6th August 1793 shows Martha as the "...youngest daughter of the late James Oldershaw..."

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James Oldershaw of Rochester Surgeon of Leicester d 1782

James Oldershaw's Will

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2. The Other Siblings

  • This is the record of an assignment of land in 1799. From this and other documents it is possible to extract further details as follows:

    James Oldershaw (son of James Oldershaw of Rochester) has died and his widow Ann has succeeded him.

    John Oldershaw is living in Norfolk

    Elizabeth Wood is, by 1799, widowed and living in St. Martins in The Field. Two daughters, Charlotte and Mary Ann (aka Marianne) Wood appear in Elizabeth Oldershaw's will, 25th September 1796.

    Easter married Richard Rudsdell 3rd April 1783 at St. Alfege,Greenwich

This document places the Douglas family in Petworth, Sussex by 1799. Similarly Nichols (above) shows Douglas taking up an appointment at Middleton in Sussex in 1799. Meanwhile Douglas' younger children (brothers to Margaret Martha Whiteman Douglas) had been baptised as follows:

In Douglas' letter to Mr. Nichols (March 19th 1810) (page 461 of 'Illustrations') he (Douglas) mentions the education of his 'two fine boys'.

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James Oldershaw of Rochester Surgeon of Leicester d 1782

James Oldershaw's Will

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Transcribed Text of James Oldershaw's Will
from the handwritten transcription held at the National Archives PROB 11/1091/7

In the text, on the left, James first names his eldest son James (1749-1796), age 31 when the will was written. He then names his second son, John (1754-1847), age 26. John went on to become the Archdeacon of Norfolk so there is a good deal of information available about him.

The four daughters follow. It was mentioned above that Martha and Margaret were twins. However, Oldershaw presents his daughter's bequests beginning with Easter and Martha together. Easter and Margaret were unmarried when the will was written and provision for them was identical.

Next he names Elizabeth Wood.

Last, Margaret Douglas.

There are no grandchildren. Elizabeth's daughter, Charlotte, was about 10 months old when the will was written but is omitted.

The information above suggests that the birth order of the daughters was:

  • First Elizabeth, possibly before John.
  • Second Easter, most likely to be younger that John but not definitely so
  • Third and fourth, Margaret and Martha, twins.

This is supported by other evidence considered below.

Text of Document (Doubtful and illegible words are indicated by '*'s and '[]'s)

THIS IS THE LAST WILL and testament of me James Oldershaw of the City of Rochester as *** *** *** first *** I give and bequeath unto Robert [Cant] *** of St. John College Cambridge [five] *** which I request his *** *** *** *** *** and trouble he shall have in the execution of the trust of this my will I give and I devise unto my wife Elizabeth Oldershaw for her life all my real estate both freehold and copyhold whereof I have power to dispose & from and after her decease I give and bequeath all my real estate unto my son James Oldershaw and his heirs for [ever] except my estate in [Bedford] & also my estate in the *** of *** *** in [London] which estate after the death of my wife I would have sold and the monies *** arising to be used towards paying my legacies hereafter mentioned I also give to my said wife the use benefit & advantage of all my personal estate for her life & from and after her decease I give to my son John Oldershaw the sum of one thousand seven hundred pounds and one hundred pounds more being his share of the legacies to him by Mrs Corbett and Mrs. Frank I also give him the Cranfield Estate with what *** unto belongs after the death of Mrs. Oldershaw my beloved wife and his heirs for ever and to both my daughters_Easter and Martha the sum of one thousand two hundred pounds which is included their legacies from Mrs. Corbett and Mrs. Frank and Mrs. Frank and *** all their several legacies to be paid them respectively immediately upon my wife's decease but in case either of my daughters should marry in the lifetime of my said wife without her approbation the said legacy of one thousand two hundred pounds here bequeathed shall lapse & I will the same to be in my wifes disposal to make such first settlement of the said legacy of one thousand two hundred pounds as she shall by any writing or writings signed with her hand direct or appoint provided *** disposal to be to the use of *** daughter so marry without her consent and for want of such limitation or appointment then I will the same unto and amongst all my children that shall be then living and I do hereby give and bequeath the same accordingly I give and bequeath to Robert [Cant] the sum of one thousand pounds after my wife's decease upon the trust to and for the use *** *** and purposes *** *** expressed and declared of and *** the same that is to say that he shall lay out the same in the published funds or such other security he shall approve with the approbation of my daughter Wood wife of Lullam Wood to the use of my said daughter Elizabeth Wood & pay and apply the interest thereof to my said daughter Elizabeth and by receipt above notwithstanding her *** shall be sufficient discharge and the same *** ***child or children of hers as shall by any writing or writings signed with her hand direct or appoint & in case my said daughter Elizabeth should die without issue then to pay the said one thousand pounds to such of my children as shall be living at the time of her decease I also give to the said Robert [Cant] the sum of one thousand two hundred pounds in which is included Mrs. Corbett and Mrs. Franks legacies after my wife's decease upon the trust to and for the uses *** *** purposes hereunder named expressed and declared of and *** the same that is to say that he shall lay out the same in the published funds or such other security as he shall approve with the approbation of my daughter Margaret Douglas wife of James Douglas to the use of my said daughter Margaret Douglas & pay and apply the interest thereof to my said daughter Margaret and her receipt above notwithstanding he *** shall be a sufficient discharge and the same shall be to such child or children of hers as shall by any writing or writings signed by her hand direct or appoint and in case my said daughter Margaret Douglas should die without issue then to pay the said lgacies of one thousand two hundred pounds to such of my children as shall be living at her decease

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James Oldershaw of Rochester Surgeon of Leicester d 1782

James Oldershaw's Will

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Transcribed Text of James Oldershaw's Will (continued)

and I also give unto my children in equal shares all my plate china & household *** and furniture and if any one of my children should have already *** *** in *** my wife's lifetime a part of any of those things given to him or her or them that part so *** shall be *** after my decease as part of his or her share and all the rest of my personal estate I give from and after my wife decease paying the legacies aforesaid unto my son James Oldershaw for his own use and hereby I appoint my said wife Elizabeth Oldershaw sole executrix of this my las will and testament in witness whereof I have *** to set my hand & *** this twenty fifth day of October one thousand seven hundred and eighty, James Oldershaw, && Signed sealed published and delivered by the above testator for James Oldershaw as and for his last will and testament in the presence of us and in presence of each other have subscribed our hands as witnesses hereunto, George Mitchell, Charles Foreman, Mary Clark

[Codicil]

I also give to my said daughter Elizabeth Wood one hundred pounds now which I lent to her husband provided *** she pays the interest thereof to my wife Elizabeth Oldershaw during her natural life this makes her fortune equal to her sisters as you may see above In witness hereof I have set my hand again, James Oldershaw

In view of information showing the birth of Charlotte Wood in 1779 the date of this will has been carefully checked in the manuscript and it is definitely written as 1780. The Douglas' were married in January 1780 and are named in the will which suggests that the date has been transcribed correctly.

Charlotte was born 9th December 1779 and was therefore just over ten months old when this will was written.

The will specifies, "& in case my said daughter Elizabeth should die without issue", which suggests that there were no issue when it was written. Also Elizabeth and Lullum's son James was born 20th October 1781 died as an infant and was buried 21 November 1781. Their daughter Marianne (aka Mary Ann) was born in 1783 (after the death of James Oldershaw).

There is no agreement on the spelling 'Lullum' or 'Lullam" both are used. Another variation appears as 'Lillum' (female).

Charlotte Elizabeth Wightman Dundas neé Wood died in 1848. [BMD register in Reading]. When Turner visited Rochester in 1792 it is reasonable to consider the presence of Charlotte, age 13 and Marianne age 9.

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James Oldershaw of Rochester Surgeon of Leicester d 1782

Probate to James Oldershaw's Will; Main Issues Arising from the Will and Probate

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Text of Document (Doubtful and illegible words are indicated by '*'s and '[]'s)

THIS WILL was proved at London with a codicil the second day of May in the year of our Lord one thousand seven hundred and eighty two before the worshipful George Harris *** of *** *** of the right worshipful ***[whole line illegible]*** of the perogative court of Canterbury lawfully constituted by by the oath of Elizabeth Oldershaw widow the relict of the deceased and sole Executrix named in the said will to whom administration was granted of all and singular the goods chattels and credits of the said deceased having been first sworn duly to administer.

APPEARED PERSONALLY Easter Oldershaw of the City of Rochester and Martha Oldershaw of the same place spinster two of the daughters of James Oldershaw late of the same place deceased and made an oath by *** of having very often seen their said late father write and also write and subscribe his name the became intimately aquainted with his manner and character of handwriting and subscription and that having now with care and attention viewed and perused the codicil written at the foot of the last will and testament of the said deceased hereunto annexed beginning thus, "I also give to my daughter Elizabeth Wood one hundred pounds now which I lent her husband" ending thus, "this makes her fortune equal to her sisters as you may see above in witness hereof I have set my hand again" and thus subscribed "James Oldershaw["] they these appearors do verify in their consciences believe the whole *** or contents of the said codicil beginning ending and subscribed as aforesaid to be of the proper handwriting and subscription of the said deceased & Easter Oldershaw and Martha Oldershaw *** *** the said Easter Oldershaw and Martha Oldershaw were only sworn as [the usual] before me, Geo. Harris ***, present Mark [Holman] *** [Ex O]

Probate to James Oldershaw's Will

Probate was granted by George Harris on 2nd May 1782 to James Oldershaw's wife, Elizabeth. Clearly she was alive on this date.

Appearances of Easter and Martha confirm that they were also living in Rochester on that date.

Main Issues Arising from the Will and Probate

The main issues in this study of James Oldershaw's life is to determine the exact relationship and parentage of Margaret Martha Whiteman Douglas the daughter of Margaret Douglas (neé Oldershaw) and her husband James Douglas, the nature of their presence in Rochester in 1792 and other family members that may have been present when Turner painted his first oil painting. The sequence of events that are clearly ascertained around the time that the will was written is:

  • 25th October 1780
    James Oldershaw wrote his will. It is not clear whether or not there were previous wills. It is clear that he was living in Rochester but he does not say which family members were living with him. The only indication of his address, College Yard, is from Jessop when he writes of Douglas' location around the time of his marriage [Jessop page 25]
    Elizabeth Wood and Margaret Douglas according to the will both had no children at this date because James Oldershaw makes provision for the division of the estate in respect of their future children, if any, as follows:
    "child or children of hers as shall by any writing or writings signed with her hand direct or appoint & in case my said daughter Elizabeth should die without issue"
    "and in case my said daughter Margaret Douglas should die without issue"
    In both of these extracts the daughters are specifically named and these 'without issue' clauses cannot apply to the other daughters. However, Elizabeth Wood had Charlotte age 10 months when the will was written.
    Provision for the other two daughters, Easter and Martha, appeared earlier in the will. Martha (according to John Nichols in 'Illustrations of the Literary History of the Eighteenth Century') was Margaret's twin.
    Easter and Martha are not given without issue' clauses. Nor is there any provision for their children. The will is completely silent in the matter of any children being children of Easter and Martha.
  • 2nd May 1872
    The grant of Probate (at which Easter and Martha appeared and probate was granted to Elizabeth Oldershaw) was given on 2nd May 1782. James had been buried according to the linked record on 15th April 1782 at St. Margaret of Antioch at Rochester. Easter and Margaret had clearly been living with their father. However, the will and probate give no clear indication of the whereabouts of his sons or daughters Elizabeth and Margaret.
  • 29th June 1792
    The baptism of Margaret Martha Whiteman Douglas. Not at St. Margaret of Antioch where James Oldershaw had been recently buried but at The Cathedral Church of Christ.
    The Cathedral Church of Christ is now Rochester Cathedral and the baptism is recorded in the Cathedral register.

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James Oldershaw of Rochester Surgeon of Leicester d 1782

James Oldershaw Family Tree

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James Oldershaw Family

Extracts from the will above identified his surviving widow, sons and daughters at the time of his death in 1782.

However, his granddaughter, Charlotte Wood, was born in 1779; she is omitted.

  • James Oldershaw (24 May 1717 - 1782)
    + Elizabeth Wightman (c1722 or 1724 - 1796)
    • 1 & 2 were infant deaths
    • 3 James Oldershaw
      + Anna Roe
      • This family was not at Rochester during the relevant time.
    • 4 Elizabeth Oldershaw (14 Jan 1751 - )
    • + Lullum Wood
      • Charlotte Elizabeth Wightman Wood (1779-1848)
      • + Thomas Dundas (captain) (1765-1841)
        no issue
      • James Oldershaw Wood (20 October 1781; infant death)
        no issue
      • Marianne aka Mary Ann Wood (1783-1858)
      • + Walter Bathurst (1759 - 21 Oct 1827)(m.18 Feb. 1808) (she was 25; he was 49!)[In the Cathedral Register there is a 'Bathurst, Sacrist' entry written between 1791 and 1793 to be investigated. Also 1786 'Richard? Bathurst, Sacrist']
        • Walter Apsley Bathurst [WB will - oldest son]
        • (Henry) Thomas Dundas Bathurst [WB will - second son]
        • John Oldershaw Bathurst () [WB will - youngest son]
        • Elizabeth Oldershaw Bathurst [WB will]
    • 5. John Oldershaw(archdeacon of Norfolk) (born 27 May 1754)
    • + Ann Cotton
      • ????
    • 6 Easter Oldershaw (born 10 Apr. 1857; probate 14 Oct. 1839)
    • + Richard Rudsdell (married 3 Apr. 1783; died 26 Sep. 1814)
      • Mary Rudsell (1792-1878) (married Rev. Charles Rookes 18th Nov. 1829; separated Apr. 1831)
    • 7 Margaret Oldershaw
    • + James Douglas (Rev.)
      • Margaret Martha Whiteman Douglas
      • + Mortimer Tucker
        no issue
      • James Bruce Douglas (1785-1786 infant death)
      • James Edward Moreton Douglas
      • Richard William Glode Douglas
    • 8 Martha Oldershaw
    • + Richard Glode (Sir)
      no issue
    • 9 Charlotte (1763 infant death)
      no issue

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James Oldershaw of Rochester surgeon of Leicester d 1782

His wife Elizabeth (Wightman)

His son James Oldershaw (1749-1796) died 7th March 1796 james of stamford - and ann his wife [Oldershaw document 1799]

His son John Oldershaw (1754-1847) Archdeacon of Norfolk

His daughter Elizabeth married Sullivan Wood before 1780 & widowed by 1799 see national archives DG 9/255 oldershaw james his wife and children

His daughter Easter

His daughter Martha married Sir Richard Glode in 1793

His Daughter Margaret married James Douglas January 1780

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