yeovil people
James upton
Yeovil Solicitor and Gentleman
James Upton was born around 1730 at Pendomer (about five miles southwest of Yeovil), the son of Reverend James Upton of Pendomer (1699-1728) and Martha née Hacker. James was baptised at Pendomer on 5 June 1730. James and Martha had lost a baby son, also James, the previous year while their other son John (b1734) went on to become a surgeon.
James became an attorney and practiced in Yeovil. He was referred to as 'James Upton the Younger, gent' on a lease for the Higher Three Cups (later the Castle Inn, Middle Street) dated 9 January 1756 - "William Coker, late of Mappowder, now of Wimborne, Dorset, gent / Richard Seymer of Iberton, Dorset, gent., (eldest son and heir of Robert Seymer late of Bell Chillwell, Dorset, decd.). James Upton the younger of Yeovil, gent., Joseph Hodges, innholder of Yeovil - Messuage called the Higher Three Cups in Pitt Lane or Middle Street..."
James Upton and his wife, Elizabeth, had at least five sons; George Proctor, James (1763-1844), John, Charles and Francis.
In 1767 James was recorded as taking on a clerk by the name of James Upton Tripp (he was a first cousin of James Upton - his mother was James’s father’s sister) and James' son George Proctor was also articled to his father - his Articles of Clerkship, sworn in Yeovil and dated 10 April 1782 and sworn in London and dated 17 June 1782, are shown below - in which his father is described as "James Upton of Yeovil in the County of Somerset Gentleman one of the Attorneys of his Majesty's Court of Common Pleas and a Solicitor of the High Court of Chancery". James was listed as an Attorney of Lincoln's Inn Fields, London, in Bailey's British Directory of 1784.
In his will dated 3 April 1782 James left one hundred pounds (around £210,000 at today's value) but the rest of his estate to be equally divided between his five sons. He directed that he be buried at St Roch's church, Pendomer, even stipulating "the Vault to be covered over with an Hamdon Hill Stone with an Inscription to be ungraved thereon very bare and to be filled with Lead". The stone is shown below. More surprisingly, and perhaps indicating a fear of being buried alive, he requested "that my Coffin be not nailed down or my Body interred till it is plainly turned into a State of Putrefaction". Nice.
James died on 26 August 1784, aged 54, and his will was proved in London on 30 September. His law practice was continued by his son George Proctor Upton and later by George's son-in-law, Francis Theophilus Robins.
The Last Will and Testament of James Upton
This is the
last Will and
Testament of me
James Upton of
Yeovil in the
County of
Somerset
Gentleman First
I give devise
and bequeath
unto my five
Sons George
Proctor James
John Charles and
Francis all my
Freehold
Customary
Chattles and
Leasehold
Estates of what
nature or
kindsoever I
shall (words
illegible) of
interested in or
intitled unto
wether in
possession in
revertion or
remainder
equally between
them share and
share alike as
Tenants in
common and not
as joint Tenants
and unto their
several and
respective Heirs
Executors
Administrators
and Assigns Also
I give and
bequeath unto my
said five Sons
all my Goods
Chattels and
Personal Estate
of what nature
or kindsoever I
shall (In ?)
possessed of
interested in or
intitled unto
their several
and respective
Executors
Administrators
and Assigns And
I give and
bequeath unto
Elizabeth my
wife the sum of
One hundred
Pounds of lawful
Money to be paid
her in one year
after my decease
and I charge and
make chargeable
all my Real and
Personal Estates
with the payment
of the same and
I direct that my
Body be buried
in the most
plain and frugal
manner in a
vault to be made
(words
illegible)
Church to the
Parish Church of
Pendomer I give
the Preference
the Vault to be
covered over
with an Hamdon
Hill Stone with
an Inscription
to be ungraved
thereon very
bare and to be
filled with Lead
and I desire
that my Coffin
be not nailed
down or my Body
interred till it
is plainly
turned into a
State of
Putrefaction And
lastly I
nominate
constitute and
appoint my
Brothers in Law
Mr Andrew
Everton the Rev
Mr Jenkins of
Yeatminster in
the County of
Dorset Clerk and
my Son George
Proctor Upton
Executors of
this my last
Will and
Testament In
Witness whereof
I have hereunto
set my Hand and
Seal this third
day of April in
the year of our
Lord one
thousand seven
hundred and
eighty two -
James Upton -
Signed Sealed
Published and
declared by the
Testator as and
for his last
Will and
Testament in the
presence of us
who at his
request and in
the presence of
him and of each
other do
subscribe our
Hands as
Witnesses
thereunto - Robt
Buncombe - Tho
Sweeting -
Prockter Thomas
This Will was
proved at London
this thirtieth
day of September
in the year of
our Lord one
thousand seven
hundred and
eighty four
before the Right
Worshipful Petr
Calvert Doctor
of Laws Master
Keeper or
Commysary of the
Perogative Court
of Canterbury
lawfully
constituted by
the oaths of
Andrew Everton
and the Reverend
William Jenkins
Clerk two of the
Executors named
in the said Will
to whom
Administration
was granted of
all and singular
the Goods
Chattels Credits
of the said
deceased they
having been
first sworn by
Commission duly
to administer
Power reserved
of making the
like grant to
George Proctor
Upton the Son of
the deceased and
the other
Executor named
in the said Will
when he shall
apply for the
same
Transcribed by Bob Osborn
gallery
The Articles of Clerkship of George Proctor Upton, sworn in Yeovil and dated 10 April 1782.
The Articles of Clerkship of George Proctor Upton, sworn in London and dated 17 June 1782.
The Ham Hill stone memorial to James Upton, still retaining its lead infill, in the chancel of St Roch's church, Pendomer. Photographed in 2008.
