My wife's ancestors - Orby - Contents

Sir Thomas Orby, 3rd Baronet

Entry for 3rd Baronet on p.1091 of Alumni Oxonienses, 1500-1714, vol.3 (1891).

Sir Thomas Orby, 3rd Baronet,
of Croyland Abbey,
born 1658.
He was educ Wadham College, Oxford (see images and map).
He matriculated 29 July 1676, age 18. [Complete Baronetage] thought 22 July.
BA 1680.

He mar est c.1685 to Charlotte Gerard [born c.1652, descendant of Edward III].
They had similar backgrounds: His father was in exile with Charles II and his mother was French. Her father was in exile with Charles II and her mother was French.
His father died 1692. His brother became Baronet.
He was granted "estates in the Counties of Chester and Lancaster" by his wife's brother Fitton Gerard, 3rd Earl of Macclesfield (succ 1701, died 1702).
He succ as Baronet when his brother died 1715. He was age 57.
Will dated 13 Sept 1723.

3rd Baronet dies, 1724:
He died St Martin-in-the-Fields parish, London, 7 Feb 1724 [new style year, at the time regarded as the end of 1723], age 66 yrs.
Baronetcy extinct.
He was bur 11 Feb 1724 in the Savoy Chapel, London.
Will pr 12 Feb 1724, Prerogative Court of Canterbury.
Charlotte re-married in old age and died before 1729.
Further admin of estate of 3rd Baronet on 2 Apr 1730.
3rd Baronet and Charlotte had issue:

1. Elizabeth Orby,
   only dau, born 1686.
   See Wikitree.
   Banns in 1705 say she is "about" age 19 (born c.1686).
   [Lustig, 1983] says she is age 30 at death 1716 (born 1686).
   At mar she is described as of St Margaret's parish, Westminster, London.

   She mar 1stly, 1705 [her age 19, him age c.37] to Lord John Hay [born c.1668]. No issue.
   See banns in London, dated 9 Nov 1705. They are to be married at St Margaret's church, Westminster.
   Banns say she is age about 19, and he is age about 30. Though he was apparently age c.37. He became a captain in 1689, so must be born earlier than 1675.
   He died Aug 1706.

   She mar 2ndly, 1707 [her age 21, him age 41] to General Robert Hunter [bapt Oct 1666] and had issue.
   Hunter was one of her 1st husband's officers.
   She died 1716 and was posthumous heiress of her father (died 1724) and uncle (died 1715).
   Her family, known as "Orby Hunter", inherited Croyland.

   
   

2. Charles Orby,
   born about 1692.
   Age about 3 in 1695.
   He died young.
   He is probably Charles Orby, son of Mr. Thomas Orby of Stratton St, Piccadilly, London, who was buried on 2 Nov 1700 at St. Nicholas' Church, Chiswick, London. See entry from here.

   
   

3. Thomas Orby,
   bapt 19 Dec 1693, St Martin-in-the-Fields, London.
   He died young.

4. Jane Orby,
   died young.

Banns dated 9 Nov 1705 of intended marriage of Elizabeth Orby and Lord John Hay.
See larger and full size.
From London Marriage Bonds and Allegations.
See other document from here.

Baptism of Thomas Orby, 19 Dec 1693, St Martin-in-the-Fields, London.
The child of "Thomas Orby Esq. and the Lady Catherine Orby".
"Catherine" must be an error for Charlotte.
Note Charlotte is dau of an Earl, so is "Lady", but Thomas is not yet Baronet so is not yet "Sir".
From here.

3rd Baronet in [Complete Baronetage].
This incorrectly says that Elizabeth is his sister.

An unidentified person.
"Domina Elizabetha Orby" was buried 26 July 1718 at St.Peter's, Chertsey.
From here.
Could this be Elizabeth Orby who married General Robert Hunter and was buried in New York in Aug 1716? Could her husband have brought her remains back to England? Except would it not say "Hunter"?

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Elizabeth Orby is dau of 3rd Baronet not 1st Baronet

[Green, 1879] and [Complete Baronetage] thought that Elizabeth who married Hay and Hunter was dau of 1st Baronet.
[Green, 1879] says 3rd Baronet had a dau Elizabeth who died young.
This is wrong. Elizabeth who married Hay and Hunter is dau of 3rd Baronet.

Proof:

1. Her banns 1705 say her father is alive and consents. So cannot be 1st Baronet (died 1692).
2. Legal case of 1727 makes clear that she is dau of 3rd Baronet.
3. Note that the dates make no sense for the 1st Baronet. Elizabeth has children born c.1715, so she must be born c.1670 or later, so she cannot have a full sibling born c.1640. Put another way, she cannot have children born c.1715 if her brother's wife was born 1636.
4. [Lustig, 1983] says she is dau of 3rd Baronet.

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Legal case of 1727

The 3rd Baronet's widow Charlotte Gerard was party to a case dated 9 Mar 1727 (new style year, regarded at the time as end of 1726).
This case proves that Elizabeth is dau of the 3rd Baronet, not the 1st.

From p.248 of Reports of cases .. in the High Court of Parliament, 1701 to 1779, vol.3, pub 1784.

The case deals with the 3rd Baronet, not the 1st (who died 1692).

The proof that Elizabeth is dau of the 3rd Baronet, not the 1st.

Extract from Proceedings of the House of Lords for 9 March 1727 (new style year).
From p.64 of House of Lords Journal, Volume 23.

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Sources yet to be consulted

• Will of Sir Thomas Orby, 3rd Baronet. PROB 11/595/308 in [NA.UK]. Also here.
  • See transcript by Bob Janes.