Starr and Starr vers. Starr and Phillips, executors of Philip Mortimer

In the Connecticut Superior Court’s December 1795 court term, George and Ann Starr sued Elihu Starr and George Phillips as executors of Philip Mortimer’s estate, seeking to overturn the validity of the man’s will.

George and Ann’s young son, Philip Mortimer Starr, was in fact the main beneficiary of that will. But to inherit his great-uncle’s property, he’d have to change his surname to Mortimer on coming of age.

Before then, the will required the estate to grant land and £1,000 to the city of Middletown, Connecticut, to expand a cemetery and build and stock a granary. Maybe the Starrs opposed those plans.

The Starrs’ arguments that the will of Ann’s uncle was invalid were:

• Philip Mortimer was “not of sound disposing mind and memory” when he set up the will and codicils.
• The codicils weren’t completely signed and witnessed.
• Elihu Starr was too entangled in the situation as an heir, a witness, and an executor, not to mention the man who wrote out one of those codicils for Mortimer.
• The other witnesses to the will, Timothy Starr and Joseph Sage, were also heirs inasmuch as they were citizens of Middletown and therefore stood to benefit from that granary.

The court decided that Philip Mortimer was mentally capable of composing the will and codicils. Implicitly, the judges therefore agreed that Mortimer wanted to give the town a granary, to leave most of his money to his great-nephew with the name-change stipulation, and to free his enslaved workers.

However, the majority of the court found that the technical violations of the law invalidated the will. Apparently someone should have told Philip Mortimer that he needed out-of-town witnesses, that he shouldn’t have made even small bequests to his witnesses and executors. Though I have a sense that telling Philip Mortimer what to do wasn’t easy.

Judge Jesse Root (1736–1822, shown above), a veteran of both the Continental Army and the Continental Congress, dissented from the court’s ruling. In fact, Root’s dissent took up most of the official report on the case. But his argument that the court should respect Philip Mortimer’s clear desires and overlook legalities didn’t carry the day.

In January 1796 the court negated the Mortimer will, ruling that he had died intestate. It appointed the husband of his nearest relative to administer the estate. The 12 February Middlesex Gazette carried this notice:

THE Subscriber, being appointed Administrator on the Estate of PHILIP MORTIMER, Esq. late of Middletown, deceased, hereby gives public Notice to the several Creditors, That the hon. Court of Probate for the District of Middletown has limited Twelve Months from the 30th Day of January, 1796, as the Time for exhibiting their respective Claims against said Estate. Those who neglect to exhibit the same to the Subscriber within that Time will be legally debarred of their Demands. All Persons indebted to the Estate are requested to make Payment, to
GEORGE STARR, Administrator.
Middletown, Feb. 5, 1796.

COMING UP: The fallout.

“Verging fast towards its Last Period in this Stage of Existence”

In 1792, Philip Mortimer, having turned eighty, drew up his will.

In doing so, Mortimer appears to have aimed to preserve his good name in Middletown, Connecticut, in three ways:

• He bequeathed land and money to the city to build a granary and to stock it with two thousand pounds of grains. He also left land for a cemetery; Middletown still has a Mortimer cemetery.
• He promised freedom to all the people he held in bondage, under various conditions, in tune with Connecticut’s general turn against slavery (but not yet).
• He left his mansion, ropewalk, and other property to Philip Mortimer Starr on the condition that that boy—then nine years old—legally take the surname of Mortimer when he came of age.

Little Philip was Mortimer’s great-nephew, son of his niece Ann and her husband George Starr. Mortimer and his wife had had no children of their own, so he had brought that niece over from Ireland. The Starrs had named their children Martha Mortimer Starr and Philip Mortimer Starr after her benefactors.

In the will Mortimer wrote of having adopted both Ann and young Philip. In his study of Prince Mortimer, A Century in Captivity, Denis R. Caron made much of how Mortimer had never formally adopted those relatives. But such arrangements weren’t so formal in the eighteenth century as more recent law demands.

Caron also interpreted Philip Mortimer’s will as expressing hostility toward George Starr since it didn’t leave his estate to Ann (and thus to her husband as well) but merely let them use it until their son was old enough to inherit. But to me it looks like Philip Mortimer’s driving motivation was to give that boy the maximum incentive to carry on the Mortimer name. And there were plenty of precedents for that sort of bequest.

According to the legal analysis of the will, if young Philip didn’t take steps to become a Mortimer, then the estate would go to a son of his older sister (then only fifteen) as long as that youth would change his surname. And if the family still didn’t come up with a boy willing to carry on the name Mortimer, then everything would go to the Episcopal church.

As for the enslaved workers, Mortimer tailored his grants to each family unit:

• Bristol and Tamer: freedom for Bristol (no emancipation mentioned for Tamer, so she might already have been free) and the use of their “Garden Spot and House thereon as it is now fenced” for the rest of their lives, after which the land would revert to the estate.
• Hagar and her daughter: freedom plus £5 to “buy her Mourning” for his funeral.
• Jack and Sophy, and their three sons: freedom and use of “one and three-quarters Acres Land” during their lives, after which that land would be divided equally among their sons Lester, Dick, and John, all still under age fourteen. Those boys were to be “kept to School until they arrive at the age of Fourteen Years then put to Apprentice by my Executors, the two Eldest to be put to House Joiners until they arrive to the Age of Twenty-one Years and then give them their Freedom.”
• Amarillas and her children: freedom and “one Rood Land,” probably a quarter-acre.
• Silvy: freedom.
• Peg: freedom when she turned twenty-six; until then she was supposed to work for Elihu Starr, one of the executors.
• Peter and Prince, ropemakers: freedom in three years, but until then “both be kept at spinning” and “to live with and serve Capt. George Starr.”

Back in February 1790, George Starr had advertised in the local Middlesex Gazette asking people to settle their debts since he “purposes to carry on the Rope-Making Business one Year more.” But he decided to stay in the business. Receiving three years of free labor from two experienced ropemakers would be a windfall.

TOMORROW: Legalities.

Marriages in the Mortimer Household

According to the story Charles Collard Adams told in Middletown Upper Houses (1908), young William Keith was supposed to marry his mentor’s niece Martha soon after she arrived from Ireland in the early 1770s.

That mentor, Philip Mortimer, sent Keith off to Boston with a coach to pick up Martha and bring her back Middletown, Connecticut.

But things didn’t go according to Mortimer’s plans. On 10 May 1775, William Keith (c. 1749–1811) married Mary Lions Callahan (c. 1748–1820) of Cork, remembered as the niece’s maid Polly.

Other records say that on 25 June 1775 Philip Mortimer’s Irish-born niece, Ann Catharine Carnall (c. 1745–1817), married another Middletown businessman, George Starr (1740–1820).

The Keiths had their first child, named John after his paternal grandfather, who had died suddenly in February, on 4 December. That was about eight months after the marriage. In his book, Adams pushed the wedding date back to a more respectable January.

I suspect the account in Middletown Upper Houses, delicious as it is, had been massaged into more dramatic shape over the decades. It looks like Adams had the wrong name for the niece, and that woman probably arrived in New England years before the marriages, perhaps as early as 1760.

But I also suspect there’s a seed of truth in this tradition. As a teenager William joined the Mortimer household, which might already have included Ann. People might have expected the two young people to marry.

Instead, William married Polly, and a few weeks later Ann married George.

Were those couples happy? William and Polly Keith had five more children between 1777 and 1786. They remained prosperous as William opened his own ropewalk in Middletown.

George and Ann Starr had two children, Martha Mortimer (1777–1848) and Philip Mortimer (1783–1857), named after her aunt and uncle. He also remained wealthy, and he also owned a ropewalk in Middletown.

TOMORROW: What they did in the war.

Go Together Like a Horse and Carriage

In 1773, as recounted yesterday, Philip Mortimer of Middletown, Connecticut, lost his wife Martha and both the brothers he had left behind in Boston.

Philip and Martha had had no children, but he appears to have tried to create a family through informal adoptions.

Mortimer had some business ventures with a Scottish-born merchant in Hartford named John Kieth. This man had started as a ship captain, at one point carrying British troops to the Caribbean. Like Mortimer, he was an Anglican in a Congregational colony.

Both he and his wife were born around 1700, so by midcentury it was clear they weren’t going to have any more children (if they’d had any already). Capt. Kieth adopted a boy named William, born about 1749.

According to local lore, as a teenager William Keith moved in with Philip Mortimer to learn the ropemaking business.

On 10 Feb 1775, the Connecticut Courant reported this news from Hartford:

Last Wednesday, (being Fast Day [1 February]) as Capt. JOHN KIETH of this Town, was attending Public Worship in the North Meeting-House, he was seiz’d with an apoplectic Fit, and expired in a Moment. His Remains were carried to Middletown the Friday following, and decently deposited in Capt. Mortimer’s Tomb.

Mortimer became “Acting Executor” of Kieth’s estate.

That death was no doubt shocking, but Mortimer was already augmenting his household further. Charles Collard Adams’s Middletown Upper Houses (1908) stated: “Capt. Philip Mortimer, being childless, sent to Ireland for his neice, Martha, to become his adopted daughter.”

However, other sources say Mortimer’s favored niece was named Ann Catherine Carnall, born about 1745. As quoted back here, Mortimer had worked with a ship captain named Thomas Carnall to bring Irish youth into Boston in the 1740s; perhaps that man was a brother-in-law. I’m going with the name Ann.

According to Adams, people understood that Mortimer hoped that his niece would marry his protegé, William Keith. He sent the young man “to Boston with a coach and four” to meet Ann and bring her back to Middletown, presumably proposing along the way.

But Ann had come with a maid named Polly Lions Callahan, also in her mid-twenties.

TOMORROW: Can this marriage be saved?