Part 1 of 12
Early in 2021, I decided to try to fill a gap in my paternal grandmother's pedigree (see below). I had the surnames of all of her great-grandparents except for one - namely Mary (Mrs Robert BURN) of Spittal, Northumberland, England. This research brick wall had stumped me for a long time. Mary is one of my 3 greats grandmothers, and the only one of all of my 32 x 3 greats grandparents whose surname was unknown. But... I have finally solved it! And it's an amazing story! It adds to the explanation of how my great-grandfather, Robert "Bobby" ROBERTS 1852-1933 (the champion pennyfarthing cyclist from Cramlington, Northumberland, England) was able to afford to come to Australia in 1882.
Part 2 of 12
Here's what I knew about Mary (unknown surname) before the latest discoveries.
Mary was born about 1805 at Spittal, near Berwick on Tweed. Her first partner was Robert BURN 1802-1832. If they married, it must have been about 1825, but I haven't found a record. They had 4 or 5 children - Phillis ca 1826 (my 2ggm), Thomas 1828, Elizabeth 1830, Mary 1832, and possibly Robert b ca 1831. Robert BURN was a pitman, and he died in 1832 aged 30 years, and was buried at Tweedmouth. The family's religious denomination was United Presbyterian, at least for a time.
On the 1841 census, she was Mary BURN living at Front Street East, Spittal, with children Thomas 13, Elizabeth 11 and Mary 7, next door to her brother-in-law, Thomas BURN, publican (and his first wife Anne).
By the 1851 census, Mary had moved to Cramlington, Tynemouth district, and was listed as Mary HOPKINSON, wife of John HOPKINSON, hawker from Birstall, Yorkshire. Her son Thomas BURNS (sic) was with them. I doubt that Mary and John married, as I can't find a record.
On the 1861 census, Mary and John HOPKINSON were living at 9 Chatham Place, Newcastle upon Tyne. He was a woollen cloth weaver, born Gomersal (which is near Birstall).
John HOPKINSON died June qtr 1863 Newcastle upon Tyne, aged 63y.
Mary died 26 Feb 1865 at 3 Richmond Place, Gibson Street, Newcastle upon Tyne. I have the death certificate, it says she was "widow of John HOPKINSON, hawker in drapery". The informant was Alexander McFARLANE, of that address. Alexander was her son-in-law, husband of Elizabeth BURN b 1830.
She was buried 1 Mar 1865 at Seghill, as Mary HOPKINSON.
Part 3 of 12
Now, to the new evidence about Mary. First, this newspaper death notice -
"At Newcastle... on the 26th ult... In Richmond Place, on the same day, aged 61, Mary, widow of Mr John HOPKINSON."
Source: Newcastle Courant, 3 March 1865, page 8, findmypast.co.uk
Part 4 of 12
A Puzzling Probate Record
I knew that Mary HOPKINSON formerly BURN nee unknown had died on 26 February 1865 at 3 Richmond Place, Gibson Street, Newcastle upon Tyne. The informant on the death certificate was her son-in-law, Alexander McFARLANE, husband of Elizabeth BURN.
I thought I would see if Mary's estate was administered, and found the attached puzzling probate record in the National Probate Calendar.
This is an index to probates and letters of administration granted to executors and next of kin, by the various probate registries in England and Wales (which were established in 1858).
This Calendar entry is for 8 June 1865, and states that a Mary HOPKINSON died on 1 April 1865 at Newcastle-upon-Tyne. Probate was granted to one William TATE of Cramlington, the executor. My Mary had lived at or near Cramlington from the early 1840s until the end of the 1850s.
I decided to send off for a copy of this will and probate, in spite of the date of death being different, and that I had no idea who William TATE was. I did know, from the deaths index, that there was only one Mary HOPKINSON death registered in Newcastle around that time - and that was my Mary. What would this odd probate record reveal? It took four days to arrive, costing just $AUD2.85.
Part 5 of 12
Will of Mary HOPKINSON, 26 November 1864
The will arrived on 5 June 2021. I have attached the image, and here is my transcript:
"This is this last Will and Testament of me Mary HOPKINSON of Newcastle on Tyne Widdow which I make in manner and form following.
I appoint William TATE Overman Cramlington Colliery in the County of Northumberland Executor and trustee of this my Will as it regards my household furniture
I bequeath to my Daughter Philis ROBERTS my bedstead and mattress five chairs and small chest.
I bequeath to my son Thomas BORNE (sic) my clock press large table and large chair.
I bequeath to my Daughter Elizabeth BORNE (sic) my Chest of drawers and torneover table.
I bequeath to my Daughter Mary HARRISON my No 2 Clock teak (?) boulster two feather pilles and dreser and shelf
and if there is anything omitted to be equally devided, my apprel to be equelly devided amongst my three Daughters,
and being a legatee in the estate of the late Margreat MATHERS naw settling in Alnwick, I appoint William TATE my trustee to recive my legacie and after payment of all my just debts to devide the remander equelly amongst my childern Philis ROBERTS Thomas BORNE Elizabeth BORNE and Mary HARRISON
and I revoke all other Wills and declare this to be and contain my last Will and Testament.
In witness whereof I have hereunder set my hand this twenty sixth day of November one thousand eight hundred and sixty four.
Mary HOPKINSON.
Signed by the testatrix and declared by her to be her last Will and Testemant in the presence of us who in her presence and at her request and in the presence of each other have herunto subscribed are names as witnes.
Joseph TIPLADY
Joseph PATTERSON"
This is definitely my Mary. It names her four children, all previously known to me - Phillis BURN (wife of James ROBERTS and mother of Robert "Bobby" ROBERTS, the champion cyclist who came to Australia); Thomas BURN; Elizabeth BURN (later wife of Alexander McFARLANE); and Mary BURN (wife of Matthew HARRISON). One of the witnesses, Joseph TIPLADY, was later married to Phillis (after James ROBERTS died in 1869). The spelling in the will is not very accurate! But, the most surprising section was the part stating that Mary was "a legatee in the estate of the late Margreat MATHERS naw settling in Alnwick". The name Margaret MATHER was new to my research, and raised further questions. Who was she and when did she die? How was she connected to Mary? How much did Mary receive due to this legacy? And was William TATE somehow connected to Mary or to Margaret MATHER? This sent me off to do further research.
Part 6 of 12
Mary's Death and Probate
Mary HOPKINSON formerly BURN nee unknown died on 26 February 1865 at 3 Richmond Place, Gibson Street, Newcastle upon Tyne. She died at the home of Alexander McFARLANE who was the fiance of Mary's daughter Elizabeth BURN (they married about August that year). The cause of death was ovarian dropsy (some years) and operation for removal of tumor following peritonitis (1 week).
Just over three months later, William TATE, colliery overman, of Cramlington Colliery, the executor named in Mary's will, was granted probate over her estate. This was dated 8 June 1865, and erroneously stated that she died on 1 April 1865. The probate documents state that her estate was valued at under 200 pounds. This would have included the expected legacy from Margaret MATHER's estate. Perhaps the bulk of the 200 pounds came from Margaret, but as there is no inventory or account of the administration of Mary's estate, it is a matter of conjecture.
Mary had four children, so each would have received an inheritance of about 50 pounds when her estate was finalised. One of the children was Phillis ROBERTS nee BURN, mother of Robert "Bobby" ROBERTS (the champion cyclist who emigrated to Australia in 1882). When Phillis died in 1891, she had two other living children - Mary Burn WALLACE nee ROBERTS (of Hebburn, Durham, England); and Elizabeth WORTHLEY nee ROBERTS (of Hindmarsh, Adelaide, South Australia). Phillis's oldest child, James ROBERTS, had died at Blyth, Northumberland, England in 1880, leaving 5 children. It seems that Phillis did not make a will, but assuming that she preserved the capital of the 50 pound inheritance from her mother (Mary HOPKINSON), then that would have been divided between her children. So, Robert "Bobby" ROBERTS should have received one quarter, about 12 and a half pounds. Whether that was sent to him in Hamilton, New South Wales, is not known. However, Robert was living on the Commonage at Hamilton at the time, so perhaps such an inheritance helped him to pay off his allotment on the Commonage when it was converted to a proper title in 1899. He sold that property in 1904 to buy his first house in Weston (in Fourth Street) in 1908.
Transcripts of the two probate documents:
On the eighth day of June 1865, the Will of Mary HOPKINSON late of the Town and County of Newcastle upon Tyne Widow deceased, who died on the first day of April 1865, at Newcastle upon Tyne aforesaid was proved in the District Registry attached to Her Majesty's Court of Probate at Newcastle upon Tyne by the Oath of William TATE of Cramlington Colliery in the County of Northumberland Colliery Overman, the Executor as in the said Will mentioned, he having been first sworn duly to administer. Effects under 200 pounds. No leaseholds. Extracted by Wilson and Middlemas of Alnwick, Solicitors.
At Newcastle upon Tyne, on the eighth day of June 1865 the Will of Mary HOPKINSON late of the Town and County of Newcastle upon Tyne Widow deceased, who died on the first day of April 1865 at Newcastle upon Tyne aforesaid, was proved by the oath of William TATE, the Executor as in the said Will mentioned, he having been first sworn duly to administer. Sworn under 200 pounds.
Part 7 of 12
Change of Fortune!
As I mentioned, my Mary was born about 1805 at Spittal, and I found from her will that she was due to receive an inheritance from a Margaret MATHER from Alnwick. I decided to look in the newspaper files for Margaret MATHER, and found the following astounding item:
"Welcome Change of Fortune. - By the death of an old lady at Alnwick, a number of poor people at Spittal have become possessed of a large sum of money, and to them such an acquisition of wealth must prove a most welcome boon. The total sum bequeathed to these poor people in property and otherwise is variously estimated at about 50,000 pounds, and that, it is stated, will be divided among ten families. The deceased's name is Margaret MATHER."
Source: Southern Reporter, 30 Oct 1862, p4, findmypast.co.uk
50,000 pounds was an enormous fortune in those days! So, my Mary must have belonged to one of the "ten families" from Spittal.
Part 8 of 12
Not 50,000 pounds, but 10,000 pounds!
It seems that the 30 October 1862 newspaper report regarding the value of the estate of Miss Margaret MATHER was not reliable. Another report appeared shortly afterwards:
"We have been informed on official authority that the effects of the late Margaret MATHER, Alnwick, are under 10,000 pounds, instead of the large sum previously reported."
Source: Berwick Advertiser, 1 Nov 1862, p3, findmypast.co.uk.
There was also a notice regarding the estate:
"Margaret MATHER, Deceased. Notice is hereby given, that all Persons having Claims against, or being indebted to, the late Margaret MATHER, of Alnwick in the County of Northumberland, Spinster, deceased, are requested forthwith to send in their respective Claims or to pay their respective Debts, to WILSON & MIDDLEMAS, Solicitors to the Executors, Bondgate, Alnwick. Alnwick, 27th October, 1862."
Source: Newcastle Chronicle, 1 Nov 1862, p1, findmypast.co.uk.
The solicitors, Wilson and Middlemas, were the firm that looked after my Mary HOPKINSON's estate.
Part 9 of 12
Not 10,000 pounds, but 9,000 pounds!
Even the correction in the press was incorrect! Here is the actual probate record for the estate of Miss Margaret MATHER:
"Proved at London 14th Novr 1862 by the oaths of William McDougal and Thomas Duncan the executors to whom admon was granted."
"On the 14th day of November 1862, the will of Margaret MATHER late of Alnwick in the county of Northumberland spinster deceased, who died on the 22nd day of October 1862, at Alnwick aforesaid was proved in the Principal Registry of Her Majesty's Court of Probate, by the Oaths of William McDougal of Alnwick aforesaid gentleman and Thomas Duncan of same place auctioneer the Executors named in the said will they having been first sworn duly to administer."
Part 10 of 12
The Will of Miss Margaret MATHER
Miss Margaret MATHER of Alnwick, Northumberland, made and signed her last will and testament on 21 October 1862. She died later that same day. She had no living parents, siblings, nieces or nephews, so decided to leave her 9,000 pound fortune to a large number of cousins, and some acquaintances and associates. She mentioned more than 30 people in her will! She appointed, as executors and trustees, Mr William McDOUGAL, gentleman, and Thomas DUNCAN, auctioneer, both of Alnwick.
Specific bequests included freehold houses, a shop, a garden, and other freehold property in Alnwick, Embleton, Glanton and elsewhere; cash; and very valuable shares in the Alnwick Gas Company. In addition to all of that, the bulk of her personal and real estate and effects were to be sold. The resulting cash was to go to her cousins, descendants of the JOHNSON family of Spittal, Northumberland.
One tenth was to be invested, with the interest to be paid to her cousin William JOHNSON every six months during his lifetime - he died two years later in 1864 aged 83 years. The other nine tenths was to be divided equally between all the living children of William JOHNSON and his nine siblings, namely, Elizabeth SMITH, Marjory "Matty" AINSLIE, Margaret GREGSON, John JOHNSON, James JOHNSON, Mary CRYSTAL, Joseph JOHNSON, Jane SWINBURN and Benjamin JOHNSON. So far, I have found about 50 such children, but I don't know how many of them were living in 1862. After the death of William JOHNSON, his one tenth was to go to these children as well.
So, while the newspaper reports stated that Margaret MATHER's estate was to go to poor people of Spittal, they did not include the fact that those poor people were in fact her cousins, and not just any or all poor people of Spittal.
My Mary HOPKINSON formerly BURN nee unknown must therefore be one of the children of one of those ten JOHNSON siblings. So, the task was to determine which one. The children included at least 5 Marys!
I've attached the images of the two pages of the will.
Part 11 of 12
A Process of Elimination
The wills of Mary HOPKINSON and Margaret MATHER show that my Mary is a granddaughter of James JOHNSON ca 1746-1831 m 1767 Mary HILLS, via one of their ten children, and that the HILLS family is the connection between Mary HOPKINSON and Margaret MATHER. After many hours of research, I have found that James and Mary JOHNSON had at least 56 grandchildren, including 30 granddaughters. Of those 30 granddaughters, 5 were called Mary. There is little likelihood that any of the other 5 JOHNSON children had further Marys, as there just isn't room in their families around the right time. The 5 Marys were:
1) Mary GREGSON daughter of Thomas GREGSON and Margaret JOHNSON. Mary was born ca 1803 in Berwick. She was married 15 Oct 1826 at Holy Trinity, Berwick, to Mathew DAVIDSON, grocer, of Tweedmouth. In 1841, they were living at Front Street east, Spittal, next door to Windsor Cottage (occupied by John and Isabella BURN house carpenter). In 1851 they were still in Front Street, and Matthew was grocer and postmaster, next door to James and Ann BURN, shoemaker and salmon fisher. Mary was widowed in 1861, still living at the post office, and her occupation was grocer. ELIMINATED.
2) Mary JOHNSON daughter of John JOHNSON and Jane STAFFORD. Born 28 Sep 1807 at Spittal. Married ca 1833 to Robert LITTLEJOHN ca 1807-1837. Two sons. ELIMINATED.
3) Mary CRYSTAL daughter of John CRYSTAL and Mary JOHNSON. Born 20 Jun 1805. Married ca 1830 to James SCOTT. Three children. She died 17 Feb 1840 at Berwick aged 34 years. Her son George SCOTT was living with his maternal grandparents at Upper Street Spittal in 1841 - they were John CRYSTAL and Mary JOHNSON. ELIMINATED.
4) Mary JOHNSON daughter of William JOHNSON and Margaret RAMSAY. Born 12 Jul 1810 at Spittal, died 13 Dec 1810 at Spittal. Burial record says 5 months old, daughter of William JOHNSON fisherman of Spittal. ELIMINATED.
5) Mary SWINBURN daughter of Robert SWINBURN and Jane JOHNSON. Born 26 Apr 1809 Spittal. NOT ELIMINATED.
Many branches of my Spittal families went down to the Tynemouth area for the coal mining. There was a SWINBURN family, Robert and Jane, having children baptised at Horton up to 1817. They lived at Cowpen Square. They are the parents of Mary born in Spittal in 1809. Mary SWINBURN was thus raised at Cowpen Square, and returned to Spittal prior to ca 1826.
Having eliminated 4 of the 5 Marys, with a fair degree of certainty, the only remaining Mary, Mary SWINBURN, must, therefore, be my Mary, who "married" Robert BURN and later John HOPKINSON.
Part 12 of 12
The Final Distribution
In Miss Margaret MATHER's will, she made special provision for six-monthly payments to her first cousin, William JOHNSON, during his lifetime, with the amount set aside for that purpose to go to the children of her ten first cousins (William and his nine siblings). Margaret died on 21 October 1862. I have discovered that William JOHNSON was the last remaining JOHNSON sibling, and the only one living when Margaret made her will. He died about May 1864 in Spittal aged 83 years. His death would have triggered the final distribution of the assets from Margaret's estate, including to my branch of the family. My Mary HOPKINSON died 26 Feb 1865 at Newcastle. Perhaps she had already received the first portion of her inheritance from Margaret MATHER beforehand. The clause in Mary's will, stating that she was expecting a legacy from Margaret, was probably in relation to this final distribution.
Having identified my Mary as Mary SWINBURN, and given the connection to Margaret MATHER, I can now fill in the dots:
Robert SWINBURN 1785-1817 m ca 1806 Jane JOHNSON 1786-1827, daughter of
James JOHNSON ca 1746-1831 m 1767 Mary HILLS 1744-1803, son of
James HILLS m 1743 Elizabeth BROWN of Ancroft, parent of
Margaret HILLS 1748 m 1771 Andrew MATHER ca 1750, parents of
Margaret MATHER 1789-1862
So, Margaret MATHER is my 1st cousin 6 times removed. And William Angus TATE, husband of Margaret SMITH, (daughter of David SMITH and Elizabeth JOHNSON), was the executor of the estate of Mary HOPKINSON formerly BURN nee SWINBURN. In other words, Mary HOPKINSON and William Angus TATE were first cousins in law.
Now, to wrap this up, I have attached a new version of the pedigree of my paternal grandmother, with the surname gap now filled in. It is amazing to consider that the purchase in 1923 our old family home in Australia, by my great grandfather, Robert "Bobby" ROBERTS, was partly funded by an inheritance handed down through the generations, from such a distant relative, born in 1789, with our common ancestors being James HILLS and Elizabeth BROWNE who married in 1743. So, I thank Miss Margaret MATHER for her generosity to her cousins long ago.
