WL1000/1/WILS/1/1/8

Brief for Lessor of Plaintiff in action before Bedfordshire Lent Assizes in Queens Bench action Doe demandent: Richard Garratt v. Mary Ann Willis; NOTE that in addition to the material catalogued below, the brief has considerable annotation, chiefly comments of the counsel (I) DECLARATION: - in Queens Bench on 19 Dec 1842: Mary Ann Willis summoned to answer John Doe [i.e. a fictitious person] by Charles Lewis Brett, his attorney, on plea of trespass and ejectment; claim of demise for 7 years to John Doe by Richard Garratt on 26 Oct 1840 of messuage, two barns, two stables, two outhouses, two yards, two gardens, two orchards, ten acres of arable, five acres of pasture and five acres of land with appurtenances in Wilshamstead; allegation of trespass by Mary Ann Willis on 27 Oct 1840; plea of not guilty by Mary Ann Willis; NOTE this fictitious legal case was the vehicle for the dispute over ownership of the land between Avis Wyche and Richard Garratt as outlined below (II) CASE: - ejectment bought to recover cottage and 5a 3r 0p in Wilshamstead which belonged to Joseph Garratt (uncle of Richard Garratt, the plaintiff), and which he left, in his will of 13 Dec 1794, to his brother Thomas Garratt (father of Richard Garratt) for his life and, after his death to Thomas' son Joseph Garratt; - death of Joseph Garratt and succession of his brother Thomas who died in 1815 when the property was devised to his son Joseph; - Joseph Garratt died in 1840 leaving Richard Garratt, his eldest brother, heir at law; - Richard Garratt's title was disputed by Avis Wyche, his sister and her relatives, (the real defendants, not Mary Ann Willis) who made known a conveyance in their favour alleged to have been executed by Joseph Garratt in 1810 or 1811 [marginal note states that the document was supposed to be a settlement conveying the property to a Mr.Keech of Stevington in trust for Joseph Garratt for life with remainder to the Wyche family for life and then to be sold, the money being divided equally amongst various nephews and nieces, excluding Richard Garratt and family]; - numerous witnesses testified that Joseph Garratt was "a person of weak mind from his earliest years and quite incapable of entering into any contract" making the alleged conveyance void, thus his property rightly devolved to his brother Richard; - Joseph Garratt was born at Cardington in 1767 and lived there until he was about 40; about 1810 his father went to live in Millbrook and Joseph was transferred to the care of his sister who lived, with her husband, on a farm in Oakley; a few years later the farm was given up and the family moved to Stevington where they owned a little property; Joseph lived with his sister, who survived her husband, until his death in 1840; - attempt in 1810 by Thomas Garratt to sell the property but the conveyance failed because Joseph was incapable of understanding what he was doing; - at General Election of 1826 Joseph was taken to vote in Bedford but was rejected as an idiot, the reason being assigned in the poll book; - after Joseph inherited the property it was managed solely by the Wyches who received rents and gave receipts in his name; - whilst with the Wyches Joseph had few associations with other people, keeping much at home, partly on account of deafness, and the only people able to give much evidence of his mental state were friends of the Wyches whose evidence could not be relied upon for the plaintiff; - Joseph appears to have had excellent physical health, never seeing a doctor except during his last illness when a doctor who lodged with the Wyches attended to him and would only vouch for his imbecility very unwillingly; - he may have wished to convey the land to his sister out of gratitude for her help, but had only lived with her a short time when making the attempt; - the alleged conveyance was drawn up by Arrowsmith of Newport Pagnell [Buckinghamshire] who was since dead but if the other witnesses were alive and not willing to testify it would throw doubt on the legality of the deed; - case had been pending for over five years since Richard Garratt had been unable to raise sufficient funds to undertake it and judgement was made against him as in case of a non-suit for not bringing it to trial (III) PEDIGREE OF JOSEPH GARRATT - marriage of Thomas Garrat and Martha Inskip at Old Warden, 16 May 1754; - baptism of Thomas, son of Thomas and Martha Gerrard, at Sandy, 12 May 1755; - baptism of Martha, daughter of Thomas and Martha Garrett at Cardington, 23 Jan 1758; - baptism of Richard, son of Thomas and Martha Garrett at Cardington, 25 Jun 1759 - baptism of Joseph, son of Thomas and Martha Garratt, his late wife, at Cardington, 3 Feb 1767; - burial of Thomas Garrat at Old Warden, 17 May 1796; - burial of Thomas Garratt at Millbrook, 30 Jan 1815; - burial of Joseph Garratt at Stevington, 9 Feb 1840 (IV) PROOFS OF EVIDENCE - to prove will of Joseph Garratt the elder - Henry Leech, Deputy Registrar at Archdeaconry Court of Bedford; - to prove seisin of Joseph Garratt the elder and his death - [blank] Armstrong of Wilshamstead; - to prove seisin of Thomas Garratt - Theed Pearse of Bedford, solicitor; - to prove identity of Thomas Garratt and that he lived at Millbrook at his death - his grandson Richard Garrett of Ickwell, builder; - to prove seisin of Joseph Garratt - [blank] Tuffnall [marginal note states "Tuffnall is very deaf"] of Wilshamstead, blacksmith and Abraham Burr of Wilshamstead, schoolmaster; - to produce rate books containing Joseph Garratt's name in owner's column - John Armstrong, the Overseer; - to prove death of Joseph Garratt a batchelor and that Richard was his heir at law - parish registers and evidence of Brown, White & Prole, Mrs.Wyche and Richard Garratt could also be called if necessary; - to prove imbecility of Joseph - Joseph Brown of Cardington, tailor who was 79 and had lived at Cardington all his life, knowing Thomas and Joseph and that Joseph was "very weak in his intellect and quite different to other boys"; Joseph was employed in his father's farmyard and never went to school; he was always "quite a butt and laughing stock for the other boys"; "his intellect appeared to continue just the same as when he was a child"; he could never speak on any subject but could answer "yes" or "no" to a question; he was quite ignorant of value of any commodity and incapable of transacting any business though he could do common farm work; Joseph Brown's master, and later Joseph Brown himself made Joseph's clothes at his father's house and Joseph never ordered his own clothes, even as an adult; as a adult he had the habit of sucking his thumb; he dressed like a farm servant "but always looked like an idiot in face and manner"; Joseph Brown shaved Joseph every Saturday night, being unable to do it himself, and always bought a penny, presumably as he was incapable of receiving change; Thomas Garratt lived at Cardington with his three sons and three daughters (all by a previous wife) and his second wife, the children being Thomas, Martha, Richard, Avis, Mary and Joseph; - to prove imbecility of Joseph - Thomas White of Cardington, miller, who went to live at Cardington 58 years earlier and whose father's land bordered that of Thomas Garratt; Joseph acted as farmer's boy, driving the plough but could not attend it like a "normal person"; if his father said anything rough to him he took offence and refused to work saying "I'll match the old devil" and "I'll have nothing to eat", these quotes becoming byewards in Cardington; Thomas White considered him "a downright idiot"; he never changed; on holidays and after harvest home he would attempt to sing in the poblic house but could only remember two or three words, break down and say "I cannot forget it"; he had no capability for business dealings; Joseph's elder brother Thomas married but never had any children and died aged about 40 at Old Warden, his wife marrying again to a man named Clarke; - to prove Joseph's imbecility - Thomas Trueman of Cardington, innkeeper; Joseph drove the plough and acted as labourer for his father; Thomas Trueman was apprenticed to a butcher and supplied the Garratt family's meat, going to the house to kill pigs up to twice a week; Joseph had no idea of value and could not transact business, he could not count to 20 and never spoke to anyone; he would often suck his thumb like a child; he would try to sing children's songs at the public house but could never manage more than a word or two, one of his favourites being "Little Robin Redbreast"; - to prove Joseph's imbecility - Samuel Preston of Cardington, farmer; as a child he and other boys walked to school through Thomas Garratt's fields and often saw Joseph driving the plough or among the sheep but he never appeared to be working "like another man"; he never spoke plainly and always sucked his thumb although about 30 or 40 years old; Samuel Preston and the other boys used him as a fool, teasing and mocking him by putting their thumbs in their mouths when he would become very angry and try to catch them; they often got hold of him by the leg and threw him down then ran away; he could count sheep up to 7 but never any further and he would then cry "hold up" and begin again; - to prove Joseph's imbecility - Benjamin Prole of Cardington, farmer; Joseph had a speech impediment and "acted as if he was half silly"; he drove the horsed plough but could not hold it properly, although strong and healthy; he might know a shilling from a sixpence but had no idea of value; he could not hold a conversation and did not seem to listen to what people said; he could utter a few broken sentances and swear when in a passion; "he was very passionate"; Benjamin Prole was persuaded to go to Stevington to take Joseph to vote in 1826, but he was rejected at the poll and Prole hgave him to the care of someone from Stevington to take him home again; he knew Thomas Garratt's eldest son Thomas well, he lived at Deadman's Oak, Old Warden, married but never had children, his wife survived him and married a man named Clarke, she was since dead; - to prove Joseph's imbecility - Rev.Thomas Gadsby in 1809 wished to purchase the land in Wilshamstead as it bordered his and contracted sale with Thomas Garratt for 300; Theed Pearse senior acted for Gadsby and Thomas Lilburn for Garratt; at a meeting of the parties in March 1810 Joseph Garratt, entitled in fee on his father's death, appeared to be an imbecile and idiot and Pearse objected to Gadsby taking a conveyance from him; Richard Garratt offered to make any deed to confirm the sale but by then Gadsby decided not to proceed; Theed Pearse junior, acting as his father's clerk in 1809-1810 would appear to confirm this; Theed Pearse junior was undersheriff for Bedfordshire in 1826 and could produce the pollbook proving Joseph was not allowed to vote; - to prove Joseph's imbecility - William Rose of Cardington, formerly a labourer; he remembered Joseph as looking "silly", of being different from other people in his walk and being very dirty in appearance; he could drive the horsed plough but was incapable of doing a day's work, although strong and healthy; when he was helping to sieve some wheat and a smaller sieve than usual was being used, Joseph was heard to say "wheat yields very badly to year, two sieves won't fill a bushel"; he had no idea of value; he would visit Cardington occasionally after going to live with his sister in order to visit a relation, Mr.Clark, he never appeared any different; - to prove Joseph's imbecility - Samuel Marriott of Cardington, blacksmith who moved from Oakley to Cardington 37 years previously; Joseph was only capable of "a little drudgery work"; Marriott used to go to the farm to do smithing work and Joseph was sent to him to do little jobs; Joseph was never trusted at any business; he would sing as a child, words put together without any meaning and with no tune; he was a family connection and visited Marriott occasionally after going to live in Oakley; he never changed; - to prove Joseph's imbecility - Samuel Hulatt of Oakley, flour seller and Robert Hulatt, late of Oakley, miller, his brother; knew him whilst at Oakley and considered him weak minded; he worked as a labourer on the Wyches' farm but he could not plough or sow and was incapable of business; Hulatt saw him after he moved to Stevington and he never appeared different; - to prove Joseph an imbecile [this proof of evidence is crossed out] - Thomas Thompson of Cotton End, labourer; Thompson, in his 50th year, went to life with Thomas Garratt in Cardington when 16 for a year as a farm servant; there were no other servants except Joseph Garratt who was always known as "Crazy Joe"; Joseph sometimes held the plough but could not work properly; Joseph was often offended with his father and would not work, sometimes swearing he would kill his father and he sometimes struck him with a stick; he could not fix the plough and once nearly broke it, Thompson having to do it for him; his father sometimes allowed Joseph to pen the sheep at night but would take Thompson to check on them in morning stating "I can't trust that malthead"; Thompson and Joseph were at Elstow Fair and Joseph wished to buy some gingerbread nuts for a girl and was unable to count the money, the girl doing it for him; the only money he ever had were the trifles his father gave him; he liked to sing "A Polecat and a Weasel" when at work but could remember no more words; - to prove Joseph an imbecile [this proof of evidence is crossed out] - George Cave of Stagsden, farmer; he had been born at Cotton End and knew Joseph Garratt who would sometimes drive, sometimes hold the plough but he could not do it properly although very strong of body; Cave saw him at Stevington fifteen years before his death and Joseph did not remember him; two years later he saw him again and spoke to him of people in Cardington, none of whom Joseph remembered; - to prove Joseph an imbecile [this proof of evidence is crossed out] - [blank] Paine of Pavenham; he was a doctor and lived at Oakley and Stevington and knew Joseph Garratt, attending him in his last illness; he considered him an idiot; - to prove Joseph an imbecile - John Harris, surgeon to Bedfordshire Lunatic Asylum, with a private asylum of his own who, hearing the evidence, felt he had had the condition from birth with no likelihood of any improvement

1843

From: 1754 To: 1843

item

Garratt, Joseph,
Garratt, Richard,
Willis, Mary Ann,
Brett, Charles Lewis,
Wyche, Avis,
Garratt, Avis,
Garratt, Thomas,
Keech,
Arrowsmith,
Garratt, Martha,
Inskip, Martha,
Armstrong,
Leech, Henry,
Pearse, Theed,
Burr, Abraham,
Armstrong, John,
Tuffnall,
Brown, Joseph,
White, Thomas,
Clark,
Clarke,
Trueman, Thomas,
Preston, Samuel,
Garratt, Mary,
Prole, Benjamin,
Gadsby, Thomas,
Lilburn, Thomas,
Rose, William,
Marriott, Samuel,
Hulatt, Samuel,
Hulatt, Robert,
Thompson, Thomas,
Cave, George,
Harris, John,
Paine

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