Thomas Clarkson - ONE MORTGAGE TOO MANY
It was about mid 1822 when Daniel Cooper began to
tidy up all the loose
ends of Thomas Clarkson's affairs. The date for final payment on the
current mortgage was almost due. On 9th and 10th of August respectively
an indenture was drawn up from Thomas and Catherine signing over to
Daniel Cooper all the lands owned by the Clarksons in the Airds/Minto
area.(49) Cooper went to great pains to ensure Catherine's rights to
the land were alienated along with Thomas', in equal parts. It was a
common practice of Daniel Cooper to effect his negotiations with a
clause which removed the right, through marriage, of the wife claiming
any part of the estate as hers by "dower". Perhaps Daniel Cooper had
misgivings about Catherine contesting the validity of the documents.
Cooper appeared to include her to cover all angles and as time was to
tell Catherine was to prove a tough adversary for him in later years.
The Lease and Release of 1822 included all the lands
originally granted
to--- Pullen, Millington, Wilson, Johnson, Guise, Stubbs, Cureton,
Yates, Berry, Cole, Dernsfield, Shakley, both of Clarkson's grants and
also the 60 acre property of Thomas Rowley which had been conveyed to
Clarkson. (no grant had been officially made to Rowley or Shakely at
this stage) and the lot was sold outright for £1,500. This
document was destined to play a very important part in later
developments. It was the only evidence that existed for the transfer of
these farms.
Robert Cooper was included in the mortgage as the
third party. The
reasons for this was as explained thus:(50)
To
the use of the said Daniel Cooper and his assigns during life and
after determination of that estate by forfeiture or otherwise to the
use of the said Robert Cooper his heirs and assigns during the life of
the said Daniel Cooper in
trust for the said Daniel Cooper during life
to prevent the present or future wife of the said Daniel Cooper being
entitled to her dower out of the said premises…
Cooper certainly was aware of the trouble a woman
could cause in a
property settlement and he was protecting his gains twofold, once
against Catherine Clarkson's claims and the other against his own wife.
Ten days later Daniel effected another mortgage
bearing the date of 20
August 1822, for the sum of £1,775 plus interest, with a clause
for redemption on payment of the debt, Thomas mortgaged Lamb's Farm,
120 acres of Benjamin Johns', his interest in the stone mill at Surrey
Hills, his interest in Whitton's Farm, 50 acres purchased from Daniel
Allen, Jas. Farrell's 60 acres, Samuel Fry's 50 acres and Chas.
Stevenson's 50 acres. In addition was his own home in Hunter Street,
the inclusion of which was to cause a furore later. Thomas promised a
payment of £151 sterling within 6 months by drawing up a
promissory note for that amount.(51)
Unfortunately after the expiration of that period of
time he was unable
to pay it all and Cooper took him to the Governor's Court to recover
the excess. (52)
To this Clarkson replied
I
hereby confess this action and do consent that Judgement be entered
up for the sum of forty pounds sterling besides costs of suit with a
stay of execution for one month.
Dated this 2nd May 1823
Signed Thomas Clarkson
Witness John Elmer
Image Court Document 1822
Page last updated - 7 July
2006