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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:
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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. Margaret and Martha
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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 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
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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:
This is supported by other evidence considered below. |
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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:
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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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