NameMarian GIBSON , GG Grandmother
Birth16 Apr 1811, East India Company Ship Carnatic, On The High Seas17
Baptism6 Dec 1811, Calcutta, Bengal, India
Death26 Apr 1893
FatherRobert GIBSON (1759-1823)
MotherAnne WOODIN (1778-1846)
1Theophilus HOWKINS , GG Grandfather
Birth30 Oct 1801, Clapham, Surrey, UK17
Baptism22 Nov 1801, St. George, Botolph Lane, London
Death17 Oct 1882
OccupationBanker, Gentleman
FatherWilliam HOWKINS (~1771->1847)
MotherAmy WALTON (1771-1834)
Marriage12 Jul 1831
ChildrenTheophilus Robert (1832-1859)
 Edward Woodin (~1833-1872)
 Robert Gibson (1835-1836)
 Henry (~1836-1882)
 Marian Sarah (1837-1855)
 Amy Elizabeth (1840-1891)
 Ada Augusta (~1842-1916)
 Augustus Frederick (1843-1894)
 Annie Gibson Henry (1845-1932)
 Emily (1847-1932)
Notes for Marian GIBSON
India Select Births and Baptisms
Marian Gibson, born April 16, 1811, baptism December 6, 1811 at Calcutta, Bengal, India, father Robert Gibson, mother Ann.

Parish Records St Luke, West Norwood, Surrey
Theophilus Howkins of the Parish of Saint George Botolph Lane London Bachelor and Marian Gibson of this parish, Spinster a minor were married in this Church by Licence with the consent of Ann Gibson Widow and Robert Gibson the guardians lawfully appointed to the said minor the twelfth day of July 1831 by me Arthur Gibson Curate. In the presence of Robt. Gibson and E. Woodin. [I wonder if the Curate was a relative? I wonder if Robert Gibson is Marion’s brother? Theophilus and Marion named one of their children Edward Woodin Howkins, I wonder if E. Woodin was a relative? It seems very likely he was a relative as Edward Woodin was her father. ]

In the 1841 census they are listed as
Theophilus Howkins age 35, living on his own means,
Marianne Howkins age 30,
Henry Howkins age 4,
Marianne S. Howkins age 3, ?
Elizabeth Howkins age 1
Living in North Lane, Harbury, Warwick.
Also in the household were Anne Gibson age 60 Marian’s mother living on her own means and 4 servants.
(in the 1841 census ages were rounded to 5 years for adults).
They were living on North Lane, Harbury, civil parish, Knightlow (Kenilworth Division) hundred, Warwickshire, England. The registration district was Southam.
There are 2 other Howkins families in Harbury. They are John Howkins and William Howkins both Agricultural labourers, age about 25 and their families.

In the 1851 census Arnewood Lodge, Downton District, Parish of Hordle, Hampshire.
Wife Marian Howkins, age 39, landed proprietor and fund holder wife, born on the high seas.
Son Edward Howkins, unmarried, age 17, scholar at home, born Clapham, Surrey.
Daughter Marian S. Howkins, age 13, scholar at home, born Warwick, Warwickshire.
Daughter Amy E. Howkins, age 10, scholar at home, born Harbury, Warwickshire.
Daughter Ada A. Howkins, age 8, scholar at home, born, Harbury.
Son Agusta [as spelled] F. Howkins, age 7, scholar at home, born Harbury.
Daughter Anne G. Howkins, age 5, scholar at home, born Harbury.
Daughter Emily Howkins, age 3, scholar at home, born Harrow, Middlesex.
The 7 servants occupations are listed as governess, housekeeper, nursery, cooke, housemaid, schoolroom maid and coach man.

In 1857 The Howkins are living at Manor House Dorchester, according to Cheltenham College Register 1841 to 1889, which lists Augustus Frederick entering the College that year.

In the 1871 census Somerset Lodge (Knowles) Newton Abbot, Devon, civil parish of Highweek.
Head Theophilus Howkins, age 69, Gentleman, born Surrey.
Wife Marian Howkins, age 59, born on the sea.
Daughter Annie Gibson Henry Howkins, unmarried, age 25, born Harbury, Warwickshire.
Daughter Emily Howkins, age 22, born Harrow, Middlesex.
Grandson Horace Chas. Geo. Arthur Cappel, age 2, born Newton Burket, Devonshire.
Grandson Algernon Essex Cappel, age 1, born Tettenhall Wood, Staffordshire. 3 servants The previous address in the census was Leman Cottages and the address following was Knowles Castle.

In 1881 census living at 40 Bitton St, West Teignmouth, Devon.
Head Theophilus Howkins age 80, Living on interest of money, born Clapham Surrey.
Wife Marian Howkins, age 69, interest of money, born on the E. I . [East India Company] Ship Carnatic near England but outward bound.
They have 1 servant, a cook.

The 1891 Census 2 Archcliffe Fort, Hougham, Dover, Kent.
Head Daniel Walker, age 53, Colonel of Staff Royal Engineers, born Madras Presidency, India.
Wife Emelie [as spelled] C. Walker, age 40, born Harrow on the Hill, Middlesex.
Mother in Law Marion Howkins, widow, age 79, living on own means, born on board the E.I.C. Ship Carnatic at sea.
Niece of wife Mary K Capell, age 16, born India Madras Presidency. 5 servants.
[The listing before living at 1 Archcliffe Fort Geoffry Barton, Col. of Infantry. The listing after is a military prison.]

Archcliffe Fort on the Web

A web site lists the Carnatic (the second ship of that name) was 826 tons and made 6 voyages for the East India Company from 1808 to 1818. (Source: Jean Sutton, Lords of the East; The East India Company and Its Ships (London: Conway Maritime Press, 1981), pp. 162-168. )

There are 3 grandchildren listed in various census.
In the 1871 Census Horace Chas Geo Arthur Capell born in Devon, age 2 in census ie born abt 1869
In the 1871 census Algernon Essex Capell born in Staffordshire, age 1 in census.
In the 1891 census Mary K. Capell born in the Madras Presidency, India age 16, i.e. born about 1875

In the 1893 death index there is a Marion Howkins listed in the April to June, volume 2a, page 376, age 82 at Sevenoaks, Kent.

In the National Probate Calendar
Howkins Marion of 9 Tub’s-hill Sevenoaks Kent widow died 26 April 1893 Administration London 12 June 1893 to Emily Walker (wife of Daniel Corrie Walker esquire) Effects 207 pounds 11 shillings.
Notes for Theophilus (Spouse 1)
of Harbury, near Banbury

of Arnewood Lodge, Hampshire in 1849

of Manor House, Dorchester in 1857.

Bedford Hotel, Covent Garden, London, Middlesex April 26 1860

Timeline - Theophilus and Marian Howkins (nee Gibson) and their children.
[Note: Refer to the map and timeline chart included on the media page.]


October 30
Theophilus Howkins is born at Clapham, Surrey, England.
He is the third son of William Howkins and Amy Howkins (nee Walton). His father is an orange merchant and member of the glover's guild. As such he had "the freedom of the city of London". An orange merchant imports oranges, limes, onions and nuts from Spain. His father's business is on Botolph Lane, a street which goes down to the Thames River where ships would dock. There are several other orange merchants on the street. Amy's father is described as a Ratcliffe mariner. Ratcliffe is a hamlet on the Thames and in Greater London.

November 22
Theophilus is baptized at St. George, Botolph Lane.
Botolph Lane is next to Pudding Lane, where the Great Fire of London in 1666 started. St. George is built from the stones of old St. Paul's.

April 16
Marion Gibson is born on the East India Company ship Carnatic. It departed England and was sailing to Calcutta (now Kolkata), Bengal, India.
Marion is the youngest daughter of Robert Gibson and Anne Gibson (nee Woodin). Robert Gibson had a previous wife and later a mistress, both deceased and buried in India. Marion has 3 other half brothers and sisters from these relationships. Marion's father was born in Scotland. He had a home in Greater London and owned a tailor business with an office in London, but the business was located in Calcutta. He travelled back and forth between London and Calcutta. Marion's mother would have embarked on the ship when she was near her term. 1811 was during the Napoleonic Wars. Great Britain was not doing well at that time. The fact Marion's father had confidence to sail with his family at this time indicates his confidence the British Navy controlled the seas.

December 6
Marion Gibson is baptized at Fort William, Calcutta.

February 6
Marion's father Robert Gibson dies and is buried in Calcutta.
Marion, her older brother Robert, her older sister Anne, her mother and other half brother's and sisters are mentioned in her father's will dated 1820. The will was made before Robert departed from England. The will became the subject of 2 lawsuits involving grandchildren who at this time have yet to be born.

July 12
Theophilus and Marian are married at St. George, Botolph Lane, London.
The officiating minister was E. Woodin. He was very likely a relative, possibly her grandfather Edward Woodin. The previous year Theophilus brother William married Marian's sister Anne at St. Luke, Norwood, Surrey. Anne was a widow. The brothers William and Theophilus would have benefited financially as Marian and Anne would have inherited a large sum. In those days, the husbands were, by law, in control of the money.

Son Theophilus Robert Howkins is born.
He must be named after his father Theophilus Howkins and grandfather Robert Gibson.

September 12
Son Theophilus Robert Howkins is baptized at Holy Trinity, Clapham, Surrey.
Clapham was where Theophilus was born. Theophilus is listed as a gentleman.

Son Edward Woodin Howkins is born.
Named after his grandfather Edward Woodin. (or possibly another relative)

Son Edward Woodin Howkins is baptized at Holy Trinity, Clapham.

Son Robert Gibson Howkins is born.
He must be named after his grandfather Robert Gibson.

May 31
Son Robert Gibson Howkins is baptized at Holy Trinity, Clapham.

April 25
Son Robert Gibson Howkins died, age 12 months. He is buried at St. Mary's Collegiate Church, Warwick, Warwickshire, England
He is buried very near some old and prestigious graves and effigies. Warwick is about 8 miles from Harbury where the family is located by 1841.

Son Henry Howkins is born in Warwickshire.

August 25
Son Henry Howkins is baptized at St. Mary's, Warwick.
Did the family live in Warwick and later move to Harbury? Did they prefer a more prestigious church? Was the church in Harbury not built?

Daughter Marian Sarah Howkins is born in Warwickshire

April 23
Daughter Marian Sarah Howkins is baptized at St. Mary's, Warwick.

Daughter Amy Elizabeth Howkins is born in Harbury, Warwickshire

May 29
Daughter Amy Elizabeth Howkins is baptized at Harbury, Warwickshire.

June 7
1841 census. Most of the family is living at North Lane, Harbury, Warwickshire. Theophilus is listed as living on his own means. Marian's mother, Anne Gibson, is living with them. Sons Theophilus, age 8 and Edward, age 7 are away at a school in Leamington Priors, Knightlow, Warwickshire.

Daughter Ada Augusta Howkins is born in Warwickshire.

March 19
Anna Watson Soady, age 60, daughter of the late William Soady dies at the Howkins residence.
Is there any family connection between the Howkins and Anna Soady?

September 7
Son Augustus Frederick Howkins is born.

October 16
Daughter Ada Augusta Howkins is christened in Harbury.

October 4
Son Augustus Frederick Howkins is christened in Harbury.

Post Office Directory. Theophilus Howkins, esquire of Harbury Hall.
Harbury Hall was built in about 1842. It is located on Bull Ring Road, Harbury, Leamington Spa, Warwickshire. I suspect the Howkins were the first owners.

July 30
Daughter Annie Gibson Henry Howkins is born, Harbury.
Annie is my great grandmother. Annie's grandmother is Anne Gibson (nee Woodin). I have yet to discover how Henry (probably a last name) is connected to the family.

August 5
Daughter Annie Gibson Henry Howkins is christened at Harbury.

September 25
Marian's mother Anne Gibson (nee Woodin), dies age 68 at Harbury Lodge, Harbury, Warwickshire. She is buried at St, Mary, Warwick.
Is Harbury Lodge the same as Harbury Hall?

Daughter Emily Howkins is born Harrow, Middlesex.
Has the family moved back to the London area?

January 29
Daughter Emily Howkins is baptized at St. Mary, Harrow

March 30
1851 census. Marian Howkins and children Edward, Marion S., Amy E., Ada A, Augusta F., Anne G. and Emily are at home at Arnewood Lodge, Downton district, Hordle, Hampshire. There are 7 servants including a governess and a schoolroom maid. Son Henry, age 14 is away at school in Wareham, Salisbury, Dorset. I can't find Theophilus, son Theophilus R.
They have leased Arnewood Lodge (now known as Little Arnewood House) for 5 years. The lease is dated March 7 1849, however they may not have taken possession until 1850. It was let out to someone else on 1855. The house was built in 1812 and today is divided into 4 apartments. (The house 3 apartments and the former stable another.) I presume Theophilus is away on business. I'm not sure where son Theophilus R., age 19 is located.

March 3
Son Theophilus Robert Howkins becomes an Ensign with the 79th Regiment of Foot (Cameron Highlanders), without purchase.

June to 1856 July
Son Theophilus Robert Howkins is in Crimea with the 79th Highlanders.
He receives the Crimean medal and a clasp for his service at the Siege of Sevastopol, as well as the Turkish Medal. He purchased a lieutenant's commission in April of 1856.

August 4
Daughter Marian Sarah Howkins dies at Hastings, Sussex, age 17.
She is buried at All Saints, Hasting, Sussex. Had the family now moved to Hastings, Sussex? Was Marian S. going to school there?

January 15
Son Henry Howkins becomes an ensign with the 2nd Warwickshire Infantry Militia.

Son Augustus Frederick Howkins is admitted to Cheltenham College, Gloucestershire. Father Theophilus Howkins is of Manor House, Dorchester, Dorset.
Cheltenham College is a school to educate the sons of gentlemen. It was considered to one of the best colleges in England. It had a classical side and a military side.

A suit had been brought against Theophilus and Marion Howkins by an anonymous person known as "the best friend" of their children Annie, age 13 and Emily, age 11. Theophilus and Marion were served a subpoena. The family left England, probably for Boulogne, France to avoid the suit.
The suit was consequence of the will of Marion's father Robert Gibson. Marion, age 12 at the time of her father's death, was left a large fund for her maintenance and any young children who might survive her. As was the law of the time, this would be administered by a man, in the case of a married woman, her husband.

September 8
Lieutenant Theophilus Robert Howkins dies, age 27, at the British Hotel, Perth, county Perth, New Britain (Scotland)
His regiment or parts of his regiment would have been stationed in Perth, Scotland. Presumably he lived at the hotel. Probably T. R. Howkins was not married and had no children.

January 18
A case Howkins vs Bennet is heard in the English Courts.
From an agreement dated December 8, 1852 Theophilus and Marion Howkins provided 4000 pounds to Bennett so he could lease a colliery. The Howkins were to receive an annuity, it appears they did not receive it. One of the arguments against the Howkins was Marion was mentioned in the agreement and as a married woman was not legally entitled to do so. Even at that time the judge did not accept that reason. Another argument was the son of the owner of the colliery made the agreement on behalf of his incapable father and so the agreement was null and void. This was also not accepted. The Howkins won most of their case, but I doubt if they collected. It seems they made a poor investment with disreputable people.

April 29
Theophilus Howkins was arrested in London.
He came from Boulogne, France to deal with the estate of his son Lt. T. R. Howkins. Theophilus, Marion and the younger children were in France avoiding creditors.

August 4
Son Henry Howkins marries Amelia Hooper in Bristol.
Amelia was born on the Isle of Jersey.

August 13
Theophilus Howkins is discharged from prison.
Rant: The case instituted against Theophilus and Marion Howkins seems to be an abuse of justice by someone with an agenda, yet they get to remain anonymous. Since Theophilus was returning to deal with his son's relatively small estate it seems a case of kicking them when they are down! Marion's maintenance fund of 15,000 pounds had dwindled to 149 pounds, to pay off their debts. The suit was refused. However the so called "best friend" got his revenge.

April 7
In the 1861 census
Sudbury Street, Harrow Hendon, Middlesex Henry Howkins, a captain in the militia, his wife Amelia, Amelia's step sister Mary Ann Hooper and a boarder.bottheophilus, Marian, and their children Edward, age 28, Amy, age 21, Ada, age 19, Augustus, age 17, Annie, age 15 and Emily, age 14 are not listed.
I suspect the Howkins and their younger children were still in France. Edward may have been with them or possibly already in what would become British Columbia.

Daughter Amy Elizabeth Howkins and George Beresford Deare are married at Newton Abbott, Devonshire.
Theophilus, Marian and the children still at home must have moved to Newton Abbot by this time.

March 1
Son Augustus Frederick Howkins of Tamar Cottage, King's Tamarton, Devon gentleman files for bankruptcy.

April 2
In the 1871 census
Somerset Lodge (Knowles), Newton Abbot, Theophilus Howkins, age 69, gentleman, Marian Howkins, age 59, Annie Howkins, age 25, Emily Howkins, age 22 and two grandchildren Horace Capel, age 2 and Algernon Capel, age 1 and 3 servants.
Horace and Algernon are children of Ada and Horatio Capel. I can't find Edward, age 38, Amy age 31 and Augustus, age 27. Edward is probably in British Columbia. Amy would be with her husband probably in Guyana or Barbados. Not sure where Augustus is.
25 Elderford Road, Hackney, London Henry Howkins, gentleman and his wife Amelia.
Visiting at the Vicarage, Bedminster, Somerset, Horatio Capel, curate of Bedminster and his wife Ada Capel.

September 1
Son Edward Woodin Howkins, age 39, drowns in Victoria Arm by Victoria, British Columbia, Canada.
When did he go to Canada? What was his profession? Was he married?

April 16
Daughter Annie Gibson Henry Howkins marries Rev. Keelinge Addison Deakin at Newton Abbot, Devon.
Annie is the second daughter to marry a Vicar.

May 1
Son Captain Henry Howkins is granted Freedom of the City of London. His address is 25 Elderfield Road, Clapton Park.
His grandfather William Howkins and uncle William Howkins had also been granted Freedom of the City of London.

June 12
Son Captain Henry Howkins resigns his commission. He allowed to retain his honorary rank of major and to wear his uniform.

January 27
Daughter Emily Howkins marries Maj. Daniel Corrie Walker at West Teignmouth, Devon. Officiating is Rev. Metcalf, assisted by Emily's brothers-in-law Rev. Capel and Rev. Deakin.
Maj. Walker is a Royal engineer. His record states he was serving in Bengal, India at this time. Is this an error or did he return home for the marriage?

April 3
1881 census
40 Bitton Street, West Teignmouth, Devon, Theophilus Howkins, age 80, living on interest of money, Marian Howkins, age 69, 1 servant, 1 cook.
4 Sutton Place, Hackney, London Lodger Henry Howkins, age 44 retired militia Major, wife Amelia Howkins, age 43.
69 Nelson Road N., Great Yarmouth, Norfolk, Amy E. Deare, age 40, husband George B. Deare, age 40 Deputy Commissary Officer and 4 children.
Rectory, Great Easton, Essex, Ada A. Capel, age 39, Horatio B. Capel, rector of Great Easton, 3 children and 3 servants
The Cottage, Much Marcle, Hereford, Annie G. H. Deakin, age 35, Keelinge A. Deakin, perpetual Curate of Cofton Hackett, 4 children, 3 servants.
2 Abbey Crescent, Torbay Road, Torquay, Devon, Emelie Walker, age 31, Daniel Corrie Walker, Major Royal Engineers
Can't Find Augustus Howkins in the 1881 census.

October 10
Son Augustus Frederick Howkins, widower, civil engineer, age 39, married Louisa Brooks, age 23 spinster at Cheltenham, Gloucestershire.
Who was Augustus' first wife? When were they married. When did she die?

October 17
Theophilus Howkins dies, age 80, of Strathearn Bitton Street, West Teignmouth, Devon.

November 5
Son Henry Howkins dies, age 46, late of Park House Farm, Brixton, Devon but formerly of 4 Sutton Place, Hackney, Middlesex. His wife Amelia is one of the executors.
In less than one month, one son is married, the father dies and another son dies.

April 6
1891 census
Archcliffe Fort, Hougham, Dover, Kent, Marion Howkins, age 79 is living with her daughter Emelie C. Walker, son in law, Daniel Walker, Colonel of Staff Royal Engineers and Marion's granddaughter Mary K. Capel, 5 servants.
Rectory, Little Easton, Essex, Ada Capel, age 49, Bladen Capel, age 57, clerk in Holy Orders, 1 son, 2 servants
21 Herbert Street, Walton on the Hill, Lancashire, Augustus F. Howkins, age 47, traveller for a soap company, wife Louisa Howkins, age 30.
Vicarage, Cofton Hackett, Worcestershire, Annie G. H. Deakin, age 45, Keelinge A. Deakin, age 45, Vicar of Cofton Hackett, 5 children, a governess and 2 servants.

April 29
Daughter Amy Elizabeth Deare (nee Howkins), dies, age 51, Yancey's Mill, Albemarle, Virginia, U.S.A. The executors are her husband George Beresford Deare and brother in law Col. Daniel Corrie Walker.
Its seems the Deare family left for the US sometime after June 1890 as I cannot find them in the 1890 US census. Amy had 4 children, all who survived her and 2 known grandchildren (very possibly more), both who survived her.

April 26
Marian Howkins (nee Gibson) dies age 82, Tub's Hill, Seven Oaks, Kent. Her daughter Emily Walker is the executor of her will.
She is survived by 4 of her 10 children. Her 16 grandchildren will live in England, Canada, United States, South Africa, Kenya, Southern Rhodesia (now Zimbabwe), Guyana, Barbados, and Grenada.

October 18
Son Augustus Frederick Howkins of St. Domingo Road, Everton, Liverpool, dies age 51.
I cannot find any evidence of Augustus having any children.

August 19
Daughter Ada Augusta Capel, of the Rectory, Great Easton, Essex dies, age 74. Her husband Rev. Horatio Capel is the executor.
Ada has 5 children, 4 who survive her and 9 or 10 grandchildren all who survive her.

February 21
Daughter Emily Walker (nee Howkins) dies, age 85, The Lodge, West End, Hampshire
Emily has no children.

April 25
Daughter Annie Gibson Henry Deakin (nee Howkins) dies age 86, at 6 Barron Road, Northfield, Birmingham.
Annie is the last of the family. She died 131 years after her father is born. She has 7 children, 6 who survive her and 6 grandchildren, all who survive her.

End of Timeline

Parish Records St. George Botolph Lane, London
Theophilus Howkins son of William and Amy Howkins born October 30th Baptized Nov 22 1801.

Observer - London, Middlesex
March 19, 1843
9th, at the residence of Theophilus Howkins, Esq., of Harbury, Warwickshire, Anna Watson Soady, third daughter of the late William Soady, Esq., aged 60. [I wonder if Anna Watson Soady is related to the Howkins or whether she was a family friend?]

Post Office Directory 1845
Theophilus Howkins, esquire, Harbury Hall [His name is the first one listed for Harbury]

King’s Bench and Fleet Prison Discharge Books and Prisoner Lists
Committed London England on May 9, 1860 Theophilus Howkins, Room 6.5, discharged August 13, 1860, London England

Listed in the 1882 death index October to December, volume 5b, page 84 age 82 at Newton Abbot.

In the National Probate Calendar
Howkins Theophilus of Strathearn Bitton - street West Teignmouth Devon gentleman died 17 October 1882 Administration London 19 September 1893 [yes this is correct] to Emily Walker (wife of Daniel Corrie Walker) Effects 838 pounds 11 shillings

from Reports of Cases Argued and Determined in the English Courts of Common Law
January 18, 1860
Howkins vs Bennett
From an agreement dated December 8, 1852. From what I understand Theophilus Howkins and his wife Marian loaned 4000 pounds to Bennett so he could lease some land for a colliery and were to receive an annuity and were not paid. They won the case, but it is not known if they received any payment.

from Reports of Cases Decided in the High Court of Chancery
Howkins vs Howkins
Robert Gibson the elder by his will dated the 25th day of February, 1820, gave and bequeathed the sum of 15000l., and all accumulations thereof, to trustees in trust during the life of his daughter Marian Gibson to pay the interest dividends and annual income thereof to her for separate use, without the power of anticipation, and from and after her decease in trust for her child and children equally, with benefit of survivorship and accruer between and among such children as well as to surviving and accruing to original shares, with a gift over in case all the daughters of said Marian Gibson should die under the age of twenty-one, and without having been married, and all of her sons should die under that age, and without lawful issue living at his or their death or born in due time afterwards.

Marian Gibson afterwards married Theophilus Howkins. etc.

The English Reports 1906
Howkins vs Howkins

That suit had been instituted in May 1859, to which Theophilus Howkins was one of the Defendants, and that on being served with a subpoena Theophilus Howkins and his wife had gone out of the jurisdiction to avoid answering; that attachments were issued against him and his wife, but they remained abroad and in contempt, and those suits were not prosecuted.

Arrangements were then attempted to be made, but failed and the bill in the present suit was filed.

It appeared from the affidavit in support of the motion that the Defendants had sold out all of the fund except 149 pounds; that they had never put any answers; and that on the 9th of August, when the time for answering expired, the Defendants left their residence, and went away to Boulogne for the purpose as the deponent believed of avoiding answering. That on the 31st of August, 1859, the Defendant still remaining abroad.

That on the 29th of April, 1860, the Defendant T. Howkins came from Boulogne to London for some temporary purpose [He was dealing with the estate of his deceased son Theophilus Robert Howkins.] with a return ticket from Boulogne, and that it was believed he intended without loss of time to return.

That the Defendant had on the 25th of April (the preceding day) been arrested on a ca. sa. a little before 8:30 a.m. in the morning, at the suit of some other person, whilst departing by the 8:30 a.m. train of that day, and that if he were allowed to depart the fund would in all probability be irrecoverably lost.

The motion was refused as the children might receive nothing as the in essence the future cannot be predicted.] [In cases argued in the Court of Common Pleas 1880 it mentions Mrs Howkins father as John. Is this an error or is this another Theophilus Howkins who married a Gibson? Yet in another publication (English Reports 1906) it lists as the money was bequeathed to Marion Gibson and her children under the will of Robert Gibson]

[This suit seems very odd to me. It seems to imply someone who is referred to as the next friend, thus anonymous, is acting on behalf of and the best interests of Annie Howkins, (age 13 at the time the suit was instituted) and Emily Howkins, age 11. It indicates that Theophilus and Marion withdrew most of an annuity originally worth 15000 pounds but now worth about 23000 pounds. Marion and Theophilus were to receive the interest on this account as a living. If Marion should die before the children are 21 and still unmarried, the children should receive the interest.
1) It seems to imply that the parents are trying to shortchange their children. I believe they withdrew the annuity to pay off creditors as they seem to have been living a very wealthy lifestyle and had made very bad investments with others who did not conduct themselves in good faith, not to shortchange the children. Also if Marion died before the children reached 21 one would think they would still benefit from any residue. If the children reached 21 years of age or married they would not have benefited from the annuity.
2) It also seems to imply that there is break between the children and their parents. I also believe this is very suspect as well. I can’t find the adult Howkins in the 1861 census as they are in France. I also can’t find Annie or Emily in the census, so I believe they are probably with their parents. Later Annie and Emily were both married in the town in England where the parents were living. Thus implying they were living with their parents until they were married. Even later Annie lived with Emily in her old age. Would Emily take in her mother if she believed Marion was trying to disinherit her as a child? Not likely.
I believe this anonymous person instituted the suit not in the best interests of the children but as a spiteful act to punish the parents for some reason. While the suit was not successful, it did accomplish the object of punishing the Theophilus and Marion as it drove them from England for a while. Another act of spitefulness, in my opinion is that Theophilus was arrested when he returned to London to settle his oldest son Theophilus Robert Howkins’ small estate. T. R. Howkins death at the age of 27 must have been a tragedy in the family, yet this person used this situation to get back at the family. The case glosses over why he returned to England but makes a point of mentioning he was arrested the behest of a non interested party. I believe the so called non interested party was someone sent by the instigator of the suit.]

Notes about Harbury Hall
Bull Ring Road
Harbury, Leamington Spa, Warwickshire.
The Howkins home in 1845. A real estate site says the home dates from about 1842. Presumably the Howkins would be the first owners.

Notes about Arnewood

Arnewood Lodge know known as Little Arnewood House was built in 1812.

In 1827/1837 Mrs Theresa John Cornwallis Whitby’s daughter married Frederick Richard West who owned Ruthin Castle in North Wales. They lived at Arnewood until her mother died in 1850 and they moved into Newlands.

From the Hampshire Records Office online catalogue of archives

Collection: Newlands Estate, Milford-on-Sea
Section: Estate Management
SubSection: Leases

Level: Item
FindingNo: 99A00/B2/1
Title: Agreement to let Arnewood House near Lymington, for 5 years to Theophilus Howkins of Middx, esq.
Date: 7 Mar 1849

FindingNo: 99A00/B2/2
Extent: 14 items
Title: Bundle of draft agreements to let Arnewood House to John Collett, 1855-1856
Date: 1855-1859
Description: With correspondence, 1855-1859
Last Modified 25 Jan 2017Created 4 Aug 2017 using Reunion 10 for Macintosh