Scard Family 
Edward Scard
[1808-1849]
Surgeon of London formerly of Eling Hampshire
Will Transcribed below
Spouse: Ann Thomas
[1806-1848]
[Compiled & Written by JAdams - Combining the Original & Independent Researches of both JAdams & LMealey]
1808: Edward Scard was born 23rd February 1808, baptised at Eling, Hampshire 8th October 1809,
the son of Thomas Scard [the younger] and his wife Mary [nee Yeats]
Edward had eight siblings.
1815: Edward was aged seven when his paternal grandmother Susannah Scard [nee Benness] died, buried at Eling
9th November 1815 at the recorded age of 72yrs. Edward's parents were also living at Eling at this time and it is
assumed that Edward had close contact with his grandmother during his early childhood.
1816: Edward was aged eight when his father died [intestate] buried at Eling on the 21st December 1816 at the recorded
age of forty-one. Edward's youngest sibling was aged three at that time.
According to the Oxford University Alumni Edward was being educated at Oxford during this time following his
elder brother Thomas Scard [the younger].
A family furore appears to have occurred around this time. His grandfather in his Will mentions a 'great misfortune'
relating money owed by the family of which Edward's Grandfather, his Uncle John Scard and aunt Susannah had
aided in the event. It appears to relate to money owed by his father at the time of his death. The debt appears to have
been for land and Edward's grandfather implies a great injustice.
1816/20: Following the death of his father, more grave concerns were expressed by John's maternal uncle William Yeats Esquire
of nearby Lymington regarding his younger sister, Mary Scard's financial security and the maintenance and education
of her children. When outlining his Will four years later on the 11th October 1820 William went to great lengths to
prevent any debtors of her deceased husband and any future husband she may choose to marry taking or controlling any
part of her Legacy [i.e. moiety of interest of £12,000]. Provisions were also made for any future children born to her
from a possible subsequent marriage. Mary's share of the moiety was to fall to her children upon her death.
William Yeats lived for a further six years.
1824: Edward's grandfather Thomas Scard [the Elder] died testate, buried at Eling 29th January 1824 at the recorded age of
87years. John was aged twenty-two at this time, his paternal Uncle John Scard named executor of the Will was also
living at Eling.
1826: Edward's maternal uncle, William Yeats died in 1826 and his mother Mary inherited a huge legacy as did John and his
siblings sharing in the interest of £12,000 stock & shares when they came of age.
1827: Edward matriculated at Oxford University 1827 his elder brother Thomas also matriculated there;
From the Oxford University Alumni: CopyfromAncestry.com;
Scard, Edward, son of Thomas of Eling, Hants, gent. Magdalen Hall, matric 30 June 1827, aged 19.
Scard, Thomas, son of Thomas of Eling, Hants, cler. Madalen Hall, matric 27th Jan. 1819. aged 22;
B.A. 1827, M.A. 182?, chaplain to the Duke of Cambridge, vicar of Durley, Hants, 1855. until his death 7 Feb.,1873.
1830 At the age of around twenty-two Edward Scard married Ann Humphreys [nee Thomas] 31st July 1830 at All Souls
Marylebone London Ann, the relict of Evan Humphreys of Garthall Glamorganshire.
The announcement was published in The Gentleman’s Magazine noted as ‘Edward Scard of Bishop Waltham, Hampshire’.
http://books.google.com.au/books?id=kCSfUY0p14IC&pg=PA176&lpg=PA176&dq=%22Edward+Scard
The Marriage Ceremony was performed by Edward's brother the Reverend Thomas Scard of Durley
Hampshire Telegraphy: Saturday 9th August, 1830 - Issue 1609.
Pallot's Marriage Index [Ancestry]
1832 Edward Scard was found in an Insurance Document Dated 11 October 1833
Sun Fire Office:
Insured: Edward Scard, No 11 Bernard Street Russell Square, Surgeon on his
Household Goods, Furniture, Wearing apparel, Books and Plate in his now
Dwelling House now situate as aforesaid, brick. Five Hundred Pounds.
China and Glass therein. Fifty Pounds. Stock Utensils and Fixtures. Fifty Pounds.
![Edward Scard [Surgeon] Insurance Document](SCARD HAMP Edward Surgeon_clip_image002.jpg)
Note from LMealey. 'I went to the Guildhall when in London last year to see the
Insurance document, took a photo, Edward and Ann were obviously living there
as well as it being a surgery. The house (3 floors + basement) is still there -
quite elegant (I have photo) - very lucky as it in a row of about 20 originally but
7 to 10 were pulled down to build Russell Square Tube station and 1 and 2 are
gone too. 3 is a newsagent, 4 a cafe (had to have a coffee!) 11 a B and B, the rest
residential/business. The newsagent's father was able to tell me that the original
leases all stated that the whole row could only be used for medical purposes.'
Issue; Child 1: Just prior to this time they had one daughter Eliza Mary Scard born 1832 in Kent.
Child 2: Their only son son Thomas Scard born 1834 at Kew, Surrey.
1837: Edward was aged twenty-nine when he gave evidence relating to the murder of a woman in London;
...... Several witnesses give testimony......
........Other witnesses give testimony......
1837 Topographical History of Surrey by Edward Edwake Brayley - Kew Church & its Monuments;
Inscription engraven on brass was dedicated by King William IV in 1836 at the Kew Church
Names of Edward Scard and other church wardens were inscribed.
See Inscription: Google Books
http://books.google.com.au/books?id=vCxNAAAAMAAJ&pg=PA153&lpg=PA153&dq=%22Edward+Scard%22
1839 Preston Chronicle, Preston: Saturday December 28, 1839;
1840: Edward's mother, Mary Scard [nee Yeats] died Testate at Bishop Waltham in 1840 recorded as 'widow'.
Mary's burial was not found. Edward was not mentioned in his mother's Will which was directed to Edward's
spinster sister, Mary Scard, his brother's John Scard [solicitor] and Reverend Thomas Scard were nominated Executors.
At this time Edward was aged thirty-eight and Practicing at Kew, Surrey.
1840: Excerpt from the Book TheChangingScene by Hubert LionelWood
The Poor/Poor Laws/Riots of the Poor/Harsh winters...
'In a news item received from London in December 1840 it was stated that
His Royal Highness, the Duke of Cambridge, although absent from Kew,
was not unmindful of the poor in that parish.
He commanded Dr. Scard to supply all the poor families of the parish with
a good dinner on Christmas day and also the poor in the union workhouse
belonging to the parish.
1841 [Census] Edward Scard aged 30, Surgeon, address ‘Green’, Kew, Surrey not born in County
Anne Scard aged 35, not born in County
Edward Humphreys* aged 20yrs, Clerk in Bank of England not born in County
Harriet Humphreys* aged 15 yrs not born in County
Eliza Scard aged 9 years not born in County
Thomas Scard aged 7 years Yes – Born in County
* Edward and Harriet Humphreys were the children of Edward's wife Anne's 1st marriage.
1842 Appointed 1842 - Edward Scard Esquire - To be Apothecary to the household of the Duke of Cambridge
at Kew.
Annual Register by James Dodsley. See Google Books:
http://books.google.com/books?id=M-ldAAAAIAAJ&pg=RA1-PA236&dq=%22Edward+SCard%22&lr=&as_brr=0
1843 London Times Saturday, December 30 1843 - Pg 6 Issue 18493.
This Gift was especially treasured by Edward and was mentioned in his Will in 1849.
1847 WANDSWORTH COUNTY COURT- May 20th [Before J.F.Fraser, Esq., and a Jury.] BYAM Vs. SCARD
The Morning Chronicle London, Saturday 22nd May 1847
Found, Transcribed & Submitted by LynMealey
Clipping by J. Adams
See transcription by Lyn Mealey
1848: Edward was mentioned in the Freemasons Quarterly Magazine
'Edward Scard esq. briefly acknowledged the thanks to the Directors'.
Google Books;
http://books.google.com/books?id=PvIDAAAAYAAJ&pg=PA110&dq=%22Edward+SCard%22&lr=&as_brr=0
Edward was a Director of the City of Thoronto & Lake Huron Railway Company situated at No. 13 St. Helen's Place,
London.
1848 Ann Scard [formerly Humphreys, nee Thomas] died 30th January 1848 at the age of forty-nine.
A Large Tombstone Monument was built, dedicated to her by her husband Edward Scard Esquire at Saint Anne’s
Parish Churchyard, Kew, London. See inscription and link to photo further below.
The Times, Wednesday, 2 February 1848
Kindly submitted by DavidKenny;
![Death of Ann Scard wife of Edward Scard [Surgeon]](SCARD HAMP Edward Surgeon_clip_image002_0005.jpg)
1849 Edward Scard died Testate the following year on the 22nd April 1849 at Kew at the recorded age of forty-one.
His obituary was published in the London Medical Journal and The Gentleman's’ Magazine.
In the latter the Obituary reads:
'aged 41yrs, 22nd April 1849 Edward Scard Esquire.
Household Surgeon to the Duke of Buckingham and Magistrate for Middlesex and Surrey.'
London Times: Saturday April 28 1849
Kindly submitted by DavidKenny;
Edward Scard Esq. was survived by his two children;
Eliza Scard aged 17yrs [See Epilogue for further details].
Thomas Scard aged 15yrs [see Epilogue for further details]
In his Will, Edward appointed his two brothers The Rev. Thomas Scard BA MA - Rector of Durley and
Henry Benness Scard Esq. and his step-son Windsor Humphreys' as the guardians of his two children.
It was Edward's wish that his son Thomas, enlist in the Military [outlined in his Will].
Edward Scard Esq. was buried 22nd April 1849 at Saint Anne’s Parish Churchyard, Kew, London.
He was laid beside his wife Ann.
A photo of his gravestone may be viewed at http://www.findagrave.com/cgi-in/fg.cgi?page=gr&GRid=5912570
Description and Transcription of Tombstones
by LMealey
The Grave is a large upright block tombstone, quite imposing, with engraved lettering that is badly weathered.
There appears to have been an attempt to clean the grave – it is certainly probably whiter than previously
but the cleaning has worn the surface of the stone making the lettering very hard to read.
Edward Scard had the tombstone built for Anne Scard who died in 1848.
Edward died 16 months later and is buried with her.
Sacred
to the memory of
Anne the Beloved wife of
Edward Scard Esquire
of this Parish
Eldest daughter of the late
William Thomas Esquire
of Revenllogell Monmouth
She died January 30th 1848
Aged 49 years
[and on the other side]
To the memory of
Edward Scard Esquire
Household Surgeon to His Royal Highness
The Duke of Cambridge and
one of Her Majesty’s Justices of the Peace
for the Counties of Middlesex and Surrey
He died at Kew April 22nd 1849
Aged 41 years
and then a piece of Scripture beginning
The Staff of life...... |
The Will of Edward Scard
See Transcription after the Epilogue
Posthumous
1849 Era London: Sunday, May 13, 1849 - Issue 555
Epilogue
Eliza Mary Scard [1832-1903]: Daughter and eldest child of Edward Scard and Ann nee Thomas [formerly Humphreys];
Taken in by Edward's brother the Rev. Thomas Scard and his wife Eliza, young Eliza appears to have remained with the
childless couple till her marriage.
Eliza Scard married Robert Seymour Adams Esquire [of Lymington] at Swanmore by Droxford, Hants, 24th October 1861.
Eliza’s marriage announcement was published in The Gentleman’s Magazine in 1861
'Eliza noted as “the only daughter of the late Edward Scard Esq. of Kent JP for Middlesex and Surrey.
http://books.google.com.au/books?id=dkc5GNmpYI0C&pg=PA676&lpg=PA676&dq=%22Edward+Scard+Esq
The couple remained Lymington till their deaths recording several issue in the village.
Robert was also a medical practitioner, in a Professional Partnership between himself and John Henry Humphreys
[the stepson of Edward Scard] as 'Adams & Humphreys Medical Practitioners at Lymington, near Eling.
The Partnership was dissolved 26th May 1884, advertised in the London Gazette, a year before Robert's death.
http://www.gazettes-online.co.uk/AdvancedSearch.aspx?geotype=London
In 1881 [census] when they recorded four of their children living with them in High St. Lymington.
Issue;
Frances Adams born 1863 at Lymington
Henry Edward Seymour Adams born 1864 at Lymington
Edith Florence Adams born 1866 at Lymington
Herbert Adams born 1869 at Lymington.
Robert Seymour Adams Esq. died in 1885 at his home at Lymington at the recorded age of 52yrs.
Eliza Mary Adams [nee Scard] continued to live at Lymington and died there in 1903 at the recorded age of 80yrs.
At that time of her death she was living off Independent Means with her 34 year-old unmarried daughter Edith Frances
Adams at South Street Lymington.
She had survived her brother Thomas by thirty-two years.
Thomas Scard [1834-1871] Only son of Edward Scard and Ann nee Thomas [formerly Humphreys;
1851 Two years after his father's death his young Thomas Scard was found in the 1851 Census as a Pupil [boarding],
aged 17yrs, at the Bishop Waltham School for Boys at Bishop Waltham noted 'Surgeon's son', born Kew, Surrey.
Also attending the School in this same year was his paternal first cousin, John C. [Cowper] Scard, aged 15yrs,
'Solicitor's son', born at Bishop Waltham who was the son of his father's brother, John Scard, then practicing Law in London.
Also at Bishop Waltham was his other paternal Uncle, the Rev. Thomas Scard B.A. MA, Rector of Durley [nearby] who was
THE former Master at the same Bishop Waltham School for boys at the time of Edward's death. At the time of young
Thomas recorded attendance at the school in 1851, his uncle the Rev. Thomas Scard was not longer Master of
the School and were living at Bishop Waltham noted as the Rector of the Church. Living with them was Thomas' sister
Eliza Mary Scard [recorded in the same Census].
1859: According to his father's wishes Thomas enlisted in the Military noted in the Records at the age of twenty-six when
he attained his Masters Degree at the Royal College of Surgeons, London [MRCS] in 1859. He lived in several addresses
whilst undergoing his medical training and at one point lived at the home his uncle John Scard [Solicitor] who resided
at North Crescent Bedford Square, Middlesex.
That same year Thomas was insolvent;
Notice London Gazette 27th September 1859:
'Thomas Scard formerly of Sunderland Durham, then of North Crescent Bedford Square, Middlesex
then of No.9 Keppel Street, then of Boswall Court, then of No. 38 Albany St, Regents Park, then of
Hornsey and now of No. 74 Newman St. Oxford St. Middlesex. During part of the time a Medical
Student but now a surgeon not in Practice.
London Gazette URL: http://www.gazettes-online.co.uk/AdvancedSearch.aspx?geotype=London
1860: Thomas applied to obtain an Interim Order for Protection of Process on Tuesday 11th December 1860, the notice
appearing in the London Gazette.
1861 Census:
In 1861 Thomas and his wife Ellen are living in Bexley Heath, Kent;
Address: Pear Tree Cottage;
Thomas Scard, Head, Married, aged 30, MRCS Practicing, born Kew, Surrey.
Ellen Scard, Wife, Married, aged 29, born Bexley Heath, Kent.
Madeline Scard, Daughter, aged 6, born in London.*
*Madeline Scard aka Madeline Jordan was born in 1845 registered as the daughter of Lewis Jordan &
his wife Ellen [later found to be nee Naden].
The circumstances surrounding this defacto relationship between Ellen and Thomas Scard and also
Madeline's Paternity may be disputed [research is continuing].
1862: Marriage registered in London in the March Qtr. 1862 for a Thomas Scard.
1865: Thomas appeared in 'The Illustrated London News' as 'Surgeon' on the Government immigration Ship 'Oceanica' in
1865.
1866: Thomas appears again as 'Surgeon' aboard the Ship ‘Peerless' sailing from the Port of Liverpool to Sydney NSW on the
14th June 1866, after which he remained in Sydney, settling at Balmain.
1867: Thomas had set up Practice in Sydney and had acquired two brick houses in Kent Street in the inner City.
The two cottages were adjoining and the rate notices read as follows;
238 Kent Street, Sydney - Tenant JohnScard* - Owner ThomasScard - Brick&Slate- 2 levels-3rooms- A/I £30.
Next Door: 240 Tenant JeremiahHealy-Owner ThomasScard - Brick&Slate - 2 levels-3rooms Annual Income £30.
Sydney Rate Books: http://www.cityofsydney.nsw.gov.au/assessmentbooks/CRS17%201861/1861%20BRISBANE%20WARD.pdf
*John Scard: John Scard, was the son of John Scard [the elder] and his wife Fanny nee Butcher of Gosport, Hampshire.
John Scard was a butcher in Sydney who owned a another house and a shop in the City in his own right.
The connections in the ancestry of both Thomas and John take us back to Hampshire England over a
century prior where both their great grandfathers were considered to be possible brothers, the only
Scard Families living in Hampshire during the mid 1700's or ever.
It is not known if John or Thomas were aware of the connection.
1869: At some point during the previous four years Ellen must have joined Thomas in Sydney leaving Madeline behind
possibly with Ellen's family or at the boarding school where her sister [or half sister?] Julia Jordan was known to have
previously attended in England.
1869: Thomas was recorded in insolvency records in New South Wales 23th Sept. 1869 then living at Balmain, Sydney.
In the document Thomas speaks of sending money to his only child, a daughter in England. His wife Ellen Scard
states that she and Thomas have been married twelve years.
1871: Meanwhile in England Thomas' Uncle, the Reverend Thomas Scard remembered Thomas Jnr. in his Will, written
the 7th March 1871 bequeathing the sum of two hundred pounds but the Will implies that his family had no idea of his
whereabouts, his uncle adding the clause ..... if my nephew cannot be found within three years.... otherwise to fall to
Thomas' sister Eliza Ann now married [Seymour Adams Esq.] who was well provided for in the Document.
His Uncle Rev. Thomas Scard lived to hear the news of his nephew's fate in a few short months hence.
Death: Thomas Scard died on the 21st August 1871, at the recorded age 37yrs.
His Obituary appeared in Newspapers in Sydney, New Zealand and England.
The Notice in the British Medical Journal 16th December 1871 best describes the circumstances;
'Thomas Scard , M.R.C.S. Eng.
Mr. Scard died at Balmain, near Sydney, New South Wales, aged 35.
He left this country a few years since as a surgeon to an emigrant ship;
and finding a good opening for his profession at Sydney, he settled there,
and had obtained a considerable practice. He was obliged to undergo a
painful operation, for which chloroform was administered, and he died
suddenly under its influence. It is thought there might have been latent
disease of the heart. When the last Australian mail left, a coroner’s
inquest was in progress, and a post mortem examination ordered.'
The post mortem exonerated the Surgeon's performing the operation, the medical examiner detecting
an previously undetected weakness in the heart.
The Insolvency Order was noted again on the date of Thomas' Death 21st August 1871 recorded 'of Sydney'.
The Sequestration was dated four months later on the 4th December 1871 [NSW State Records].
Meanwhile in England his Uncle, the Reverend Thomas Scard had received the news and a Codicil to his Will
was made on the 6th June 1872;
'.....and whereas since the date of my said Will
I have received intelligence of the death of my said nephew....
Whereby Thomas' Legacy fell to his sister Eliza Ann.
His widow Ellen remarried five years later in Sydney 1876.
His daughter Madeline Scard followed her parents to Australia, arriving in Sydney 1874 per 'Jerusalem'
occupation nursemaid. The Immigration details states her mother Ellen in Balmain.
Madeline remained in Australia, married and had issue. Further details will be submitted in due course.
The Will of Edward Scard
Transcription by JAdams
- Published 19th April 1849
Proved at London 18th May 1849
I Edward Scard Surgeon of the Parish of St. Ann’s, Kew, Surrey do hereby declare this to be my last Will and Testament in
manner following that is to say
I hereby appoint the Rev. Thomas Scard of Durley Lodge Durley in the County of Hampshire,
Henry Benness Scard Esq. of the City of Winchester in the County of Hampshire
and Windsor Humphreys Esq. of the Parish of Kew, Surrey, Executors to this my last Will and Testament.
I Will and bequeath to my son Thomas Scard now under age, my freehold cottage as tenement in Boston Lane, [?] Middlesex
and now in the occupation of [?] Shoemaker at [? 14p] annuity per annum and I likewise will and bequeath unto my son
Thomas Scard the sum of one hundred and fifty pounds after all my just debts are paid for his outfit on obtaining a cadetship
or joining Her Majesty’s Service as it is my wish that he should go into the Army.
I also Will and Bequeath to my son Thomas Scard the whole of the silver service which was presented to me by the parishioners
of Kew consisting of two silver salvers, tea pot, coffee pot, cream jug, sugar basin and four silver salts and it is my request that
the Rev. Scard takes possession of the said silver service and hold the same until my son Thomas Scard attains the age of
twenty-one years and in case he does not attain the age of 21 years then I Will and bequeath the same said silver service unto my
daughter Eliza Mary Scard for her to [?have and hold].
I Will and Bequeath unto my said Daughter Eliza Mary Scard, now under age a [?] for the sum of five hundred pounds offered
as the [?] [?Law] Site Office in the City of London for her sole use and benefit and not subject to the control of any future
husband with whom she may marry.
I also Will and bequeath unto my said daughter Eliza Mary Scard a Policy of Insurance for the sum of five hundred pounds
offered at the [?] Life Insurance Office in the City of London for her sole use and benefit and not subject to the control of any
future husband with whom she may marry.
This I hereby request and [?] my said executors the Rev. Thomas Scard, Henry Benness Scard Esq. and Windsor Humphreys Esq.
to invest the said two units of five hundred pounds in any Government Security or place the said one thousand pounds on good
mortgage for the benefit of my said daughter Eliza Mary Scard and on parting the dividends or interest arising from the said
mortgage by either at my said executors unto my daughter Eliza Mary Scard receipt shall be sufficient discharge for the same.
I also Will and bequeath unto my said daughter Eliza Mary Scard the leasehold house or tenement being No. 6 [?Quinbedland]
Place in the Parish of St. Ann’s, Kew, Surrey now in the occupation of Mr. Salisbury at the yearly rental of twenty pounds for
the sole use and benefit and not subject to the control of any future husband with whom she may marry on the payment of the
said arising from the said Cottage or tenement unto my said Daughter Eliza Mary Scard by either of my said executors or any
agent they may appoint the receipt above shall be sufficient [???].
Whereas I possess a Policy of Insurance for the sum of two hundred and fifty pounds effected on the life of Isaac Clayton of the
Parish of St. [?] in the Equitable Office, I will and bequeath the said policy or my beneficial interest [?] from the same unto
my daughter Eliza Mary Scard for her sole use and benefit and not subject to the control of any future husband with whom she
may marry and I devise [?????????????]
If my said daughter Eliza Mary Scard should die before her brother Thomas Scard then I request my said Executors to hold the
legacies herein before said then to her and all interest arising there from, on the behalf of my son Thomas Scard and to hold the
same until he attains the age of twenty-five years and then to transfer the above [?] legacies to him absolutely as no Trust has
been [?].
I authorize and empower my said executors to sell and dispose of all the household furniture, books and linen contained in my
residuary Estate and they are at liberty to sell my household furniture books & linen either by private contract or by public
auction.
I will and bequeath to Windsor Humphreys Esq. my two carriages with two horses & harness.
And whereas on the marriage of my dear departed wife I came into possession of [?] to numerous here to specify and which
formerly belonged to the family of Evan Humphreys Esq. of [??] Glamorganshire, I will and bequeath the same to Windsor
Humphreys Esq. together with the family portraits.
And I hereby request and empower my said executors to sell the contents of my house on Kew Green used as a Surgery by me
and apply the proceeds thereof towards my residuary Estate.
And as to the Residue which may arise from the sale of my household furniture and other effects after my just debts are
liquidated I hereby request my said executors the Rev. Thomas Scard Henry Benness Scard Esq. and Windsor Humphreys Esq.
to divide the said residue equally between my two children Thomas Scard & Eliza Mary Scard herein before mentioned.
And as a token of respect I bear to Mrs. Ann Denman for her servitude and attention during the long illness of my dear departed
wife I request my executors will purchase a handsome wig and present the same to her.
As a reward for the faithful services of my servant Maria Chandler it is my request the executors should pay the sum of ten
pounds as a legacy over & above the wages which may be due to her.
And it shall be lawful for my said executors each and every of them by and out of my said residuary Estate which shall come to
their respective hands by virtue of this my last Will and Testament to deduct retain reimburse himself or themselves respectively
and also to allow to the co-trustee or co-trustees all such [?] charges, traveling and other expenses which they or any or either
of them shall or may bear, pay, suffer or sustain in the execution of this my said Will.
And hereby revoking and making void all former Will or Wills by me at any time hereto before made I do publish and declare
this to be my last Will & Testament contained herein.
And I so appoint my said executors The Rev’d Thomas Scard Henry Benness Scard Esq. and Windsor Humphreys Esq.
guardians to my said two children during their respective minorities.
In witness whereof I the said Edward Scard the Testator have to this my Last Will and Testament set my hand this nineteenth
day of April in the year of our Lord one thousand eight hundred and forty nine – Edward Scard [signed] – Signed Sealed
Published and Declared by the said Edward Scard the Testator as for his last Will and Testament in the presence of us who in
his presence & in the sight of each other have hereunto subscribed our names as Witnesses – Edward H. Hills, Surgeon, Richmond;
James C. Hadge or Hadye [?] Surrey – George St. Miaus No. 27 [?] Terrace New [?] Solicitor.
Proved at London 18th May 1849 before the Judge by the oaths of The Reverend Thomas Scard, Clerk and Henry Benness
Scard, Esquire, the brothers, two of the executors to whom administration was granted having been first sworn the said Rev’d
Thomas Scard before the Worshipful William Calverlay Gurteis and the said Henry Benness Scard before the Worshipful {?]
Thomas Pratt respectively Doctors of Laws and Surrogates duly to administer, power reserved of making the late Grant to
Windsor Humphreys Esquire the other executor when he shall apply for the same.
Transcription of above Newspaper Article
Transcribed & Submitted by LynMealey
WANDSWORTH COUNTY COURT- May 20th [Before J.F.Fraser, Esq., and a Jury.] BYAM Vs. SCARD
This was an action brought by the Rev. Richard Burgh Byam, vicar of Kew and Petersham, against Edward Scard, Esq.,
a magistrate for the County of Surrey, for the sum of £16, being the value of two pieces of black cloth, the property of
the said vicar, but which the defendant had, as it was alleged, converted to other purposes, he being at the time the
church warden of the parish of Kew. Mr Dodd appeared for the vicar of Kew, and Mr W Smith, of Richmond, for the
churchwarden.
The defendant had pleaded, first, that he was not indebted; and, second, that the statute of limitations barred him of
the first claim. The facts of the case as stated by the plaintiff’s attorney, were, that the sum, sought to be recovered by
his client, was for two pieces of mourning cloth with which the royal pew at Kew church had been hung, on the occasion
of the death of the Princess Augusta in 1840, and the decease of the Duke of Sussex in 1843. The vicar or rector of a
church had, from time immemorial claimed the mourning cloth that was suspended in the church out of respect to some
departed individual. He now contested the claim which had been set up by the churchwarden, and sought to recover the
value of that he had been unlawfully deprived of.
The Rev. R.B. Byam was then sworn, and stated he had been vicar of Kew and Petersham since 1828, and during that
period the church had been hung with black, first in 1830, for George IV, when it was kept up for six weeks, and was
afterwards brought to his house, and he received it as the vicar’s perquisites, and no claim was set up; in fact, Banting
and Co., the court undertakers, said it was his property. The next occasion was the death of the Princess Augusta in
1840, and the third on the demise of the Queen Of Hanover, and the fourth and last occasion the death of the Duke of
Sussex in 1843. At that time the defendant, who was the churchwarden, said the Woods and Forests were coming to
take the cloth, but he should not allow them, and he afterwards said he had it sent to my house. There were ten pieces
sent, which measured 41 yards. Witness did not consider that cloth a very good quality; he had pair of trousers made
out of it, but they lasted him a very short time [loud laughter]. The Judge here observed, that with respect to the claim
of £8 for the cloth in 1840, the jury need not trouble themselves about that, as the statute of limitations barred that claim.
The jury would confine themselves to the claim of 1843, and it was for them to ascertain whether the defendant did take
any cloth on that occasion, and if so whether the taking was proper. Mr. Edward Scard, the defendant, stated that in 1843,
after the cloth had been up a month or so, it was sent to the unmeant, the Commissioners of Woods and Forests intending
it should be reserved for another occasion. They afterwards, however, upon a representation made by witness consented
to allow it to be disposed of as formerly. The vicar had the cloth that covered the pulpit, reading desk, organ loft, and the
gallery rails; and he, witness, had what was on the royal gallery. He gave part to the clerk and to the pew-opener, and the
produce of the remainder, which he sold, he divided amongst the poor.
The jury consulted a few minutes, and returned a verdict for the defendant.
|