Richard Humpton (1733-1804) was a former captain in the British army who was in the attack on St. Malo. While stationed in the West Indies, Humpton resigned his commission, went to Pennsylvania, and settled on one of the upper branches of the Susquehanna. He was appointed lieutenant-colonel of the flying camp, 16 July 1776, and was afterward transferred to the colonelcy of the 11th Pennsylvania regiment, took part in the battle of Brandywine, and at the close of the war was colonel of the 2nd regiment. After peace was declared he settled on a farm, and was appointed adjutant-general of militia, which post he held till his death. In his military career, Humpton greatly aided Washington when he removed boats from the Delaware River, thus preventing the British from following Washington across the river. His low point was at Paoli where his division was misdirected during a retreat. He married Elizabeth Morris on 11 March 1795 in Philadelphia. They had no children.

Humpton’s estate was valued at $7046.62 when he died in 1804. After his wife’s death the estate was the subject of litigation in the Pennsylvania Supreme Court in 1834.

The legal summary is:
A testator gave to his wife all his estate real and personal, that should remain after payment of his debts &c, adding, but if it shall be the opinion of my executors, that my said estate is more than suficient for the comfortable support of my said beloved wife during her life, then I direct them to pay to L. the sum of £100, when the settlement of my affairs shall admit of its being done without inconvenience to my aforesaid wife, &c. And I further direct them to pay or transmitt my nephew R.H.L., one half of the remainder of the said property, if any there should be, that my said wife may die poeseesed of; and the other half I leave to her disposal. The widow of the testator afterwards made her will, which, besides various legacies, contained the following: Item—I devise and direct that one half part of all my estate (after payment of my just debts and funeral expenses) be paid to the heirs or legal rcpresentatives of R.H.L., agreeably to the will and intention of my late husband excepting thereout my household furniture, which I dispose of as hereinafter mentioned.

Held, that R. H. L. was entitled to one half part of the remainder of the testator’s estate and not to the half part of the estate of the widow.

It should be noted that R.H.L. died in 1811.

His will reads:
June 10, 1804: January 29, 1805.

To wife Elizabeth all estate, real and personal, during life. £100 to be paid to Lewis Edward Humpton at discretion of executors.

Half of estate at wife’s decease to be at her own disposal and the other half to be sent to nephew Richard Humpton Lister, of the North Riding, Yorkshire, England.

Executors: Wife Elizabeth and friends, Francis Bailey of Lancaster County and John D. Steele of Montgomery County. Wits.: Thomas Worth, Sr., Rebecca Coates, William Coates.    Link     Link