Last

This document describes the last 100 years of the Smithsend estate which was broken up on the death of Elizabeth Smithsend who died in Tewkesbury in 1833.

Nicholas and Sarah had two sons Nicholas and Thomas. Thomas died as an infant so there was only Nicholas to carry on the family name.

Nicholas Smithsend (c.1730-1790). The son of Nicholas and Sarah. He was apprenticed as an attorney in Worcester in 1756 when he was about 25. His father and possibly his grandfather had also been solicitors.[1]

and John Karver of the City of Worcester, Gent, Attorney of the High Court of Common Pleas

The conditions were that Nicholas was to be given training after which he would be admitted to Court of Kings Bench and Common Pleas. The term was 5 years and the payment Ł200 plus Ł10 duty.

Nicholas married Mary Romney in January 1765 at Crophall? in Derbyshire and they had four daughters. He is sometimes referred to as 'Nicholas Smithsend of Worcester'.

As a freeholder of Walton Cardiff he was recorded as a Voter in the election of 1776.[3]

Nicholas was mentioned in the history of Gloucestershire as the trustee of a benefaction left by Thomas Haynes.[4]

Thomas Haynes, citizen of London, gave by will to be distributed to such poor widows and housekeepers as are not upon the parish book, the interest of fifty pounds, vested in Nicholas Smithsend of Worcester, Esq. the annual produce of which is two pounds ten shillings.

Nicholas made a will in 1775. It mentioned his wife Mary, his wife's brother and his daughters Mary Ann, Sarah, Elizabeth, and Harriet. The bulk of the estate was left to his daughters.[5]

The last will and Testament of me Nicholas Smithsend of Worcester Esquire in the Manner following. That is to say.

In case I shall dye without issue male I give and devise all my lands, tenements and Hereditaments (the Estates which I settled on my marriage with my present wife to be subject to the uses in such settlement contained) unto my wife's brother William Romney of Droitwich in the County of Worcester and James Oliver of the City of Worcester aforesaid, Grocer, and their Heirs. In Trust for my four daughters Mary-Ann, Sarah, Elizabeth and Harriet and all and every other daughter and daughters which I may happen hereafter to have and of the several and respective heirs of the body and bodies of all and every such Daughter and Daughters lawfully [living]. Said Daughters to take as tenants in common and not as joint tenants.

And in case of the Death and failure of issue of my said Daughter or Daughters then as with the original share of such Daugther so dying and of whom there shall be a failure of issue as aforesaid and also such share and shares as shall survive or accrue to her or them or her or their issue on the Death and failure of issue of any other or others of said Daughters shall from time to time go accure and remain to the survivor or survivors of such daughter and the respective Heirs of the body and bodies of such surviving Daughters if more than one to take as Tenants in Common and not as joint tenants and for and of such [ --- ] issue to the use of my own right Heirs forever.

And I give and bequeath unto my said four above named Daughters (In case I shall leave no more) the sum of one thousand pounds apiece of lawfull Money of Great Britain to be paid to them respectively at the age of Twenty one years or day or days of Marriage.

But if I shall leave more than four Daughters then the sum of Four thousand pounds to be equally divided between and to be paid to them respectively as aforesaid (provided such times of payment happen after my decease) but if within my lifetime then within three months next after my decease.

And if any of my said Daughters shall dye before she or they shall attain the age of Twenty one years without having been married Then the share or shares of her or them so dying shall from time to time go accrue and be paid to the survivors or survivor of the others or other of them and be vested in her or them if more than one equally share and share alike at such time or times and in such manner and under such restrictions to such surviving or other Daughter or Daughters then in being as herein before declared and expressed touching her and their original share and shares.

Also so I give and bequeath unto my Mother Sarah Smithsend the full sum of Five hundred pounds to be paid her within Six months after my Decease.

And all the rest and residue of my personal Estate I give and bequeath unto my said wife who I constitute and appoint sole Executrix of this my Will hereby revoking all former wills by me at any time made and declaring this to be my last.

I commit the Guardianship of my children during their [respective?] minorities to my said Wife and to her brother Mr William Romney of Droitwich in Worcestershire and James Oliver of the City of Worcester and the survivor of them.

In Witness whereof I have to this my said will contained in two sheets of paper of my Hand and Seal this fifth day of may in the Year of our Lord One thousand seven hundred and seventy five.

Signed Sealed and Published and declared by the said Testator as and for his last will land Testament in the presence of use whose names are hereunto and of who in his presence and at his request have submitted oru hands as Witnesses the day and year above written.

In 1778 and 1779 Nicholas was involved in a dispute with John Wynde the nephew of his Aunt Paulina Smithsend. John Wynde claimed that Nicholas had agreed to buy some land from him but then backed out of the deal. Here is an extract from John Wynde's case. The land 'Page's Turles' had originally been brought by Nicholas' uncle Thomas Smithsend and then left to his wife Paulina in his will of 1717 and then by her Will to her brother James Wynde and to his son John Wynde.[6]

And your Orator further sheweth that the said John Humphreys had no sooner tendered the said Articles of Agreement to the said Nicholas Smithsend for him to Execute than he refused to do it and began to raise doubts and objections tending to temporize and trifle with your Orator and show an inclination to ende his Agreement and with that view employed his brother in law one Mr Romney an Attorney and applyed to the said John Humphreys to send the said Mr Romney an Abstract of all your Orator's Title deeds of the above mentioned Closes notwithstanding the said Nicholas Smithsend (who was bred to the profession of the Law) had several times declared that he was fully satisfied with your Orator's title the same being clearly derived from his the said Nicholas Smithsends late uncle Thomas Smithsend, Gentelman, deceased and his late widow and devisee Paulina Smithsend deceased under whom your Orator claims the said premises and by them and your Orator the same have been peaceably held and enjoyed for upwards of sixty years without interruption.

The 'Mr Romney' who was Nicholas' brother-in-law was probably James Watts Romney the younger brother of Nicholas' wife Mary Romney.

The poor rate for Tewkesbury for 1785 shows that a Charles Chandler rented a garden from Nicholas Smithsend and that Samuel Jeynes, Gentleman rented Oldburry meadow from Nicholas Smithsend of Worcester.[7]

Nicholas died on the 15th September 1790 and is buried in Ashchurch.[8] Nicholas' wife Mary Romney dealt with his Will and was granted probate on the 14th October 1790.

Mary died on the 28th September 1806 and is buried in Ashchurch. Her brother was William Romney of Droitwich and her father is probably another William Romney of Droitwich (1702-1766). The Romneys were a well known titled family in Worcestershire. A memorial in St Andrew's Droitwich gives quite a few details about the Romneys.

In memory of James Watts, Gent. Mary his wife and Ann their daughter. Also William Romney Gent. who died June 30 1766 aged 64. His example was worthy of imination as a good husband and parent, a hospitable neighbour and an honest man.

And likewise of William his son who died on Dec 1st 1777 aged 43. He was a dutiful son and affectionate brother and a sincere friend. For his many private virtues both Religous and Social he lived respected and died lamented.

All is all. Mary Romney relict of Wm Romney Snr and only surviving daughter of James Watts who died Jan 26th 1783 aged 88?. She was a most affectionate wife, a prudent and tender mother of her children by whom her loss will ever be regretted.

Also of Anne youngest daughter of William and Elizabeth Romney who died sincerely regretted by her family and friends Feb 10th 1799 aged 53.

In the same vault are deposited the body of James Romney son of William and Mary Romney. Maria, Smithsend, and William Romney their grandchildren. Also Ann daughter of James Watts and Elizabeth Romney who all died in infancy.

From the 1780's onwards the spa at Cheltenham became very popular and Nicholas attempted to attract visitors to Tewkesbury by building a small spa on his Walton estate, calling it Walton Spa. In 1790 W Dyde published a booklet on Tewkesbury and appended a description of the water and spa.[9]

The Well is situated near Walton a village about a mile from Tewkesbury, upon an estate belonging to Nicholas Smithsend.

Its resemblance in taste, and other appearances to the Cheltenham Water, strikes everyone who makes the comparison. Its operation on the Body, also, is exactly the same, a Pint or more, acts as a gentle Laxative and Diuretic: And it occasions a slight giddiness in some persons, in others a sort of a heavy pain in the head.

Nicholas may have sponsored W Dyde's book (second edition) and paid for the report by Dr James Johnstone and so attempted to promote the spa. The waters were apparently attracting attention as early as 1747.[10]

In the hamlet of Northway and Newton there is a spring of mineral water, of much the same quality as that at Cheltenham. About forty years ago a pump was erected over it and endeavours were used by the inhabitants of Tewkesbury to make it a place of resort; but from its vicinity to Cheltenham they did not succeed. Many people however having lately found benefit from this water in scorfbutic complaints, the plan revived; and, it is said, a subscription has been proposed for building a pump room &c.

The pump in the house yard was reported as 'much frequented' and the estate is marked as 'Walton House and Spa' on the first ordnance survey and this would have been on the South side of Ashchurch Road. A small spa was later built on the North side of the Road which was replaced by the pump room in 1835 or 1837, a 'small brick building, with a stone front of four columned Roman Doric pillars supporting the eaves of a slate roof'.

An 1843 map of Tewkesbury shows, on the North side of Ashchurch road, a building and fields with the following names.

The spa apparently did not flourish (presumably because the facilities did not compare well with Cheltenham) and was eventually bought by some Cheltenham businessmen and then closed down. The building was demolished in 1961 when Wellfield and Springfield gardens were built.

The mineral waters that occur in the limestone bed under the west end of the parish first attracted notice c.1746 but no serious attempt was made to exploit them until after the publication of Dr James Johnstone's analysis of 1787. In the early 19th century it was said that attempts to exploit the waters a few years earlier had failed though afterwards it was recorded that the Walton Wells were 'at one time much resorted to'. A spa at Ashchurch offered for sale in 1823 may have been on the site of Walton spa, on the North side of the main road, where a spa house was built c.1835. The spa was house was never used for its intended purpose for the promoters were paid by people interested in the Cheltenham Spas to abandon their plans. The small brick building, with a stone front of four columned Roman Doric pillars supporting the eaves of a slate roof, survived in an orchard until 1961 when it was removed to make way for houses.

Nicholas built Walton House, in Ashchurch, shortly before his death. The following description appeas in the Bulletin of the Tewkesbury Historical Society.[14]

Walton House stands a mile from Tewkesbury and a similar distance from Ashchurch. Originally a small eighteenth century manor house, it has been adapted to several different uses during its history. The house was built in spacious grounds in 1790 by Nicholas Smithsend in the style of Robert Adam. This gave Walton House listed building status in 1995 and saved it from demolition. It is believed that the architect of Walton House was George Byfield, who also designed Webber House. There are striking similarities between the two buildings. Both have Flemish bond brickwork, the same ashlar dressings, slate roofs and brick stacks.

Walton House is a compact symmetical double-depth block with central staircase hall to the rear, two chimney breasts to each gable wall, with a lower range which was added to the south side in the late nineteenth century, together with a conservatory. The entrance was originally on the east side, but is now on the west. The North gable wall of the main block is plain, with some blocked windows, while the south wall has four plain sashes at the second floor. The large stacks have stone modelled cappings, and the curved gable ends continue between the stacks in a straight parapet, and so conceal the central valley roof.

The west front of the house has three storeys with a basement, three-windowed, all to segmental brick heads and stone sills. The second floor has nine pane sashes, and there are large tripartite sashes as the first and second floors. There is an added stone bay to the right of the house, with a panelled door with a radial fanlight, which has stone engravings with small single lights either side.

It is not clear if there was any building on the site before Walton House. In 1662 Nicholas Smithsend lived in a house with 5 hearths in Walton Cardiff this was further to the South where the medieval village and later chapel once stood.[15]

Thomas Smithsend (1740-1741). The son of Nicholas and Sarah. He died on the 27th September 1751 aged 1 year 11 months and is buried with his grandfather in Ashchurch where there is a memorial.

Mary Smithsend (1765-1820). Mary Ann. The daughter of Nicholas and Mary. She was born in July 1765 and baptised at St Nicholas, Worcester. She died on the 4th May 1820.

Sarah Smithsend (1771-1825). The daughter of Nicholas and Mary. She was born in 1771 and was baptised at St Nicholas, Worcester. She died on the 1st October 1825.

Harriet Smithsend (1774-1791). The daughter of Nicholas and Mary. She died aged 17 on the 8th July 1791.

Elizabeth Smithsend (1772-1833). The daughter of Nicholas and Mary. Elizabeth was the last of the daughters and still managed a very extensive estate with land in Walton, Fiddington, Ledbury, and Droitwich.

In about 1796 Elizabeth received a letter from her solicitor saying that two men from the London area had been making enquiries about the estate.[16]

Yesterday two men of the name of Smithsend from Newington Butts in the County of Surrey called on me to search the Register of Tewkesbury for all the Births and Burials of the Smithsends intimating that they had an undoubted right to the Walton Estate. If this information is of any service to you it gives great pleasure to Madam.

These were Edward Smithsend and possibly his brother Nicholas. Edward was the great grandson of Richard (b.1625) and the basis of his claim was that Richard's father Nicholas (c.1575-1627) had left the state in 'fee entail' such that it must pass down through the closest male line and so could not be left to daughters. The strength of the case was summed up by his own solicitors as related by Elizabeth's solicitor.[17]

In Mr Miller's absence who was obliged to leave town on an Audit I beg to inform you that in this cause [The complaint of Edward Smithsend] the plea which has been pleaded herein must be got rid of either by argument or by consent of the solicitor of the opposite party as it cannot be withdrawn.

I applied to them who said for Answer you need think nothing more of the cause for the defendant had totally given up all thought of prosecuting the suit any further, they have advised him of the inutility and impractibility of ever suceeding and in consequence of which he returned to his Business.

The solicitors inform me they were all tired of it and finding that they would not intefere any further he had determined to let the matter rest.

And that the said Mary Smithsend widow Mary Ann Smithsend Sarah Smithsend and Elizabeth Smithsend may set forth and declare whether the said Nicholas Smithsend the elder did not afterwards depart this life without altering changing or revoking the aforesaid last will and testament leaving the said Nicholas Thomas and John Smithsend his three eldest sons and one other son by the said Elizabeth his wife namely Richard Smithsend his fourth son.

And whether the said Richard Smithsend was not your Orators Great great grandfather or how otherwise related to your Orator. And whether after the death of Testator Nicholas Smithsend the elder the said Thomas Smithsend and John Smithsend his second and third sons did not die without issue male. And whether the said Nicholas Smithsend his eldest son did not become seized and possessed under the said will of one half or moiety of all the said Testators Estates in Tail male and of the other half thereof as tenant for life with the Remainders over hereinbefore and in the said will mentioned.

And whether he did not continue to receive the lands issues and profits of all the said Estates and premises until the time of his death And whether the said Nicholas Smithsend the younger son of the Testator did not die in or about the year one thousand six hundred and ninety seven leaving Nicholas Smithsend his son and Heir in Tail Male who died on or about the year one thousand seven hundred and twenty seven leaving Nicholas Smithsend his eldest son and heir in Tail male who died in or about the year one thousand seven hundred and forty six leaving Nicholas Smithsend late of the City of Worcester Esquire deceased his only son and heir at Law.

And whether the said Nicholas Smithsend the Testator late of the City of Worcester did not immediately after the death of his said father enter into the possession and receipt of the rents issues and profits of all the said Estates lands and premises comprized or intended to be comprized or contained in the said will of the said Nicholas Smithsend the testator late of Walton Cardiff.

And that the said Mary Smithsend the widow Mary Ann Smithsend Sarah Smithsend and Elizabeth Smithsend may set forth and declare whether the said Nicholas Smithsend late of the City of Worcester did not contineu in possession thereof until the time of his death and whether the same did not happen in or about the year one thousand seven hundred and ninety. And whether he did not then leave [ ] the said Mary Smithsend his widow and them the said Mary Ann Smithsend Sarah Smithsend and Elizabeth Smithsend his three daughters and co-heiresses at Law and no other issue.

And that they may set forth and declare whether thereupon you Orator did not then become the only surviving heir male of the said Nicholas Smithsend the elder and as such also became entitled to the whole of all the Estates Lands and Premises comprized or intended to be comprized in the said will of the said Nicholas Smithsend of Walton Cardiff.

Edward refers to Richard (1625-1697) as his 'great great grandfather' but in other documents he says 'great grandfather' and the latter seems to be correct but the records of these London based Smithsends is not completely clear.

Elizabeth died on the 3rd June 1833 and was buried on the 10th June 1833. A report of Elizabeth's death appeared in the Tewkesbury borough Register in 1833.[19]

At Walton House, Ashchurch, in the 62nd year of her age, Mrs Elizabeth Smithsend. She bequeathed 100l. [pounds} to each of the following institutions: Tewkesbury Dispensary, Gloucester Infirmary, Worcester Infirmary, Hereford Infirmary, Society for Promoting Christian Knowledge and Society for Propagating the Gospel in foreign partsl; also 400l. upn trust to pay seven guineas a year for the use of the Sunday School at Ashchurch and to expend the residue of the interest in the provision of blankets, to be distributed on the first day of November amomg such porr inhabitants of Ashchurch as the Miinister and churchwardens shall think most deserving.

She has also directed that the interest of 50l. shall be laid out in blankets to be distributed in like manner among the poor inhabitants of Walton Cardiff.l and that the interest of 50l. shall be distributed as bread among the poor inhabitants of St Nicholas & St Andrew in Droitwich.

By a deed executed eighteen months before her death, recitng; "that whereas the stipend of the incumbent of the church or perpetual curacy of Ashchurch was of very inconsiderable amount, by reason whereof the incumbent of the said church was generally a clergyman having other preferment and therefore unable to reside in the said parish of Ashchurch; and that the said Elizabeth Smithsend onsidered it would be highly advantageous to the said parish, and be conducive to the interests of true religion, and to the promotion of piety and works of charity if the incumbent of the said living were resident;" she voluntarily and absolutely gave and conveyed a tithe free farm, situate at Fiddington in Ashchurch and containing 120 acres, to the present Bishop of Gloucester, Archdeacon Timbrill, and the other trustees, for the augmentation of the living, but upon strict conditions requiring the residence of the incumbent, and imposing a forfeiture to a charity on default. A few months afterward the then incumbent (the Rev William Hopton of Kemerton) met this magnificent grant by generously resigning the living in favour of a clergyman who enjoys no other preferment and now resident in the Parish.

Elizabeth made a will on the 16th January 1832 which was proved in the Perogative Court at Cantebury on the 2nd August 1833. The will is a long document of 26 pages and deals with the disposal of the Smithsend estate to various cousins, bequests to servants and institutions, and sets up some charitable trusts in Ashchurch and Walton Cardiff. As the range and extent of bequests shows that Elizabeth was very wealthy.[20]

William Romney of Worcester - Elizabeth's mother was Mary Romney (1730-1806) and William Romney of Worcester (c.1765) was the son of Mary's brother William (1734-1777) and is therefore Elizabeth's second cousin and was about 67 at the time the will was made.

Francis Henry Romney was probably the grandson of James Watts Romney another brother of Elizabeth's mother Mary Romney. He married Elizabeth West, and they had at least one child, a daughter, Mary Anne Romney.

William Romney of Suckley was probably the elder brother of Francis Henry Romney he was born in 1803 and married Harriet in about 1830. They had three children all born after Elizabeth died, William (b.1835), Francis (b.1836) and James Churchill (b.1834).

Nicholas Smithsend of Worcester was the only surviving person with the Smithsend surname in 1832. He was a distant cousin of Elizabeth. She was the great great granddaughter of Nicholas Smithsend (1614-1697) and he was the great grandson of Nicholas' brother Richard Smithsend (1625-1697). He was 70 in 1832.

Robert Phelps of Ledbury - was a distant cousin of Elizabeth and was the great great grandson of Richard Smithsend (1625-1697).

Coningsby Norbury - was the other Executor of the will along with William Romney of Worcester. He does not seem to be a relative of Elizabeth. Coningsby is an unusual first name but not unknown in Worcestershire.

Walton house, which was Elizabeth's home, with about 40 acres in Ashchurch and a farm at Fiddington (near Ashchurch) of 120 acres (sometimes known as Rectory farm) and about 40 acres near Droitwich were left in trust to the Bishop of Gloucester and other trustees to provide an income for the incumbent of St. Nicholas Ashchurch. Ashchurch at that time did not have a resident clergyman as there was only a very small income attached to the 'living' so that the post was usually held by a clergyman who was also assigned to other parishes and consequently did not live in Ashchurch.

The details were set up in a deed executed 18 months before the will so they are not completely clear from the will itself but a newspaper report about the gift quoted the reason for the deed as follows:-

"... that whereas the stipend of the incumbent of the church or perpetual curacy of Ashchurch was of very inconsiderable amount, by reason whereof the incumbent of the said church was generally a clergyman having other preferment and therefore unable to reside in the said parish of Ashchurch; and that the said Elizabeth Smithsend considered it would be highly advantageous to the said parish, and be conducive to the interests of true religion, and to the promotion of piety and works of charity if the incumbent of the said living were resident..."

The will confirms this deed and it appears that the clergyman currently holding the post at Ashchurch voluntarily gave up his interest in the post and the Reverend Francis Henry Romney, a cousin of Elizabeth's, was appointed to the living. This was probably all concluded a few months before Elizabeth died.

Rectory farm was left to Francis Henry Romney himself and his heirs so he was entitled to the rent from it. The farm's tenant in 1833 was Thomas Hobbs. This might have been the original Fiddington Manor which was owned by a John Clutterbuck in 1672 and which a Henry Moore sold to Nicholas Smithsend, Elizabeth's great grandfather in 1678.

The will gives Ł100 pounds each to the following local hospitals. The Gloucestershire Infirmary, The Worcestershire Infirmary, The Herefordshire Infirmary and the Tewkesbury Infirmary. The will also gives Ł100 pounds each to the Society for Propagating the Gospel in Foreign parts and to the Society for Promoting Christian Knowledge. The latter is better known today as SPCK and has christian bookshops in many UK towns.

The will leaves a sum of Ł400 pounds to be invested and for the annual income to provide 5 guineas to the master of the Sunday School at Aschurch and 2 guineas for the purchase of books for the Sunday School (the books to be chosen by the incumbent of Ashchurch). Any remainder from the Annual income was to be spent to provide blankets for the poor inhabitants of Ashchurch. The initial trustees were Francis Henry Romney, John Jobbins Clifton, and John Row all of Ashchurch.

The will leaves a sum of Ł50 to be invested and for the annual income to be distributed amongst the poor inhabitants of Walton Cardiff. The original trustees were the Reverend William Prosser the incumbent at Walton Cardiff chapel and John Bullock of Walton Cardiff.

The will leaves a sum of Ł50 to be invested and for the annual income to be used to buy bread on the first of January each year to be distribted to the poor inhabitants of the parish of St Nicholas, Ashchurch and St Andrew, Droitwich.. The original trustees were; Reverend John Topham, Coningsby Norbury, Mr Ricketts, Edward Smith and John Lunns all from Droitwich.

The executors of the will are Coningsby Norbury of Droitwich and William Romney of Worcester, a surgeon. They are also the main trustees of the parts of the estate left in trust to other relatives. Coningsby was left Ł200 pounds in the will and William Romney was left 'Chawson' a cottage in which he was currently living, presumably as Elizabeth's tenant, and also some land called 'The Rough' near the village of Chawson near Droitwich. William was also left some other land near Droitwich currently occupied by a Mr Ireland. William was also left seven shares in the Droitwich canal.

This is an estate of about 200 acres, a large house, several cottages, and several other pieces of land near Ledbury, Herefordshire about 20 miles North West of Tewkesbury. This estate probably came into the family from the marriage of Elizabeth's great grandfather Nicholas to Anne Vobe in 1681. The Vobes were a wealthy Ledbury family. It is the most complex bequest in the will but the reason for the complexity is not completely clear.

The estate was split into two equal halves and one half was left in trust to Francis Henry Romney and the other half to William Romney of Suckley (in Worcestershire). The trustees were Coningsby Norbury and William Romney of Worcester. The current tenant was John Edy.

William Romney of Suckley and his wife Harriet were currently living at an estate called Lower Dunbridge in Suckley and in effect their half of the Frith estate was to be used to pay off the mortgage debts on Lower Dunbridge which amounted to Ł2,600. Lower Dunbridge had probably been settled on William by Elizabeth when he married Harriet.

There is also provision for a separate income for Harriet and for the future provision for the children of William Romney of Suckley.

William Romney of Suckley was also left about 30 acres of land in Droitwich and Salwarpe in trust; the current occupier was Richard Smith. The trust provisions prevent 'the destruction' of the land and this is probably meant to prevent their use for the extraction of salt. The trustees were again Coningsby Norbury and William Romney of Worcester.

This part of the estate contained the original holdings of the Smithsend family in Walton Cardiff stretching back to 1390 and earlier including the original meadows around the Tirle brook.

This is left in trust to a cousin Nicholas Smithsend of Worcester and after his death to another cousin Robert Phelps of Ledbury a solicitor. The original trustees were Coningsby Norbury and William Romney of Worcester. In effect Nicholas had a lifetime interest in the rents of the estate and the estate then passed at his death to Robert Phelps.

I give and devise unto the said Coningsby Norbury and William Romney of Worcester and their heirs all that my capital messuage or tenement and farm called Walton Cardiff situate in the parish or hamlet of Walton otherwise Walton Cardiff in the county of Gloucester with the several closes pieces or parcels of arable meadows and pastures around thereabouts belonging called or known by the respective names following, that is to say, The Four Holme downs otherwise Holmedowns, The Leys, The Balls fields, a pasture, The Routs field, a meadow, The Upper Turle Meadow, the Lower End meadow, The [ --- ] field, The Great pitt, the Little park Pitt, The New Field, The sheep ground, The [ --- ] close, The Sheppards Close, The Butts, The Turl field, The Turl Meadow, The [ --- ], The New Orchard, The New [ --- ], The Woodfield, and the Woodacre formerly called Edwards House, situate and being in the said parish or hamlet of Walton Cardiff aforesaid with the [ --- ] and appurtenances thereto beloning which said Hereditaments and premises are now in the occupation of the Widow Witts and also all and singular the tithes or fourths yearly arising [ --- ] or happening within the said parish or hamlet of Walton Cardiff [ --- ] and payments in respect of thereof together with the rights [ --- ] and appurtenances to the mentioned farm lands tithes and hereditaments and premises respectively belonging. And all other hereditaments and premises situate and being in the said parish or hamlet of Walton Cardiff , subject nevertheless to and charged with the payment of several annuities or yearly rent charges hereinafter levied and charged upon the same hereditaments and premises, to hold the same unto the said Coningsby Norbury and William Romney of Worcester and their heirs subject as aforesaid to the uses following, that is to say, to the use of the said Coningsby Norbury and William Romney of Worcester their executors administrators and assigns for and during the term of the natural life of Nicholas Smithsend of Worcester son of Nicholas Smithsend late of the city of London, saddler deceased. And from and immediately after the decease of the said Nicholas Smithsend to the use of Robert Phelps of Ledbury aforesaid Attorney at Law his heirs and assigns for ever.

And I do hereby declare that the said Coningsby Norbury and William Romney of Worcester their executors administrators and assigns shall during the life of the said Nicholas Smthsend stand and be possessed of the said messauge lands tithes hereditaments and premises lastly herby devised upon trust that the said Coningsby Norbury and William Romney of Worcester and the survivor of them and the executors administrators and assigns of such survivor do and shall by and out of the [ --- ] and profits of the said capital messuage farm lands and heereditaments keep the said messuage and the tenements and buildings thereto belonging or adjoining in good and [ --- ] able repair and insure the same from and against loss of damage by fire to the amount of the full value thereof and subject thereto do and shall pay all and singular the rents issues and profits and the said tithes and all hereby devised messuage lands hereditaments and primises and the said tithes and all compositions in respect thereof of so much thereof as shall remain after answering and satisfying the trusts and purposes aforesaid unto the said Nicholas Smithsend and his assigns for his and their own absolute benefit.

Each indoor servant was left money for clothes for mourning and a sum equivalent to one year's wages each. It is not clear how many indoor servants there were.

The will leaves and annuity of Ł50 per annum to Elizabeth's housekeeper Esther Warder and after Esther's death to her children Ann Collins Warder and Mary Warder.

The will leaves a weekly sum of eight shillings to William Davis (a former servant) and four shillings a week to Elizabeth's maidservant Sarah Jones.

A brief codicil was made on 4th April 1833 where it is explained that Francis Henry Romney was given a gift of Ł1,000 and that this is not to be considered as part of the estate. The Codicil also affirms the contents of the will. The Witnesses were HJ Hayes, William Price Lewis and Richard Barnes

The remaining household contents of Walton House were sold at Auction on the 16th and 17th September 1833. The list of rooms was as follows:-

Kitchen, Hall and Staircase, Dining room, Chamber over kitchen, Chamber over drawing room. Dressing room, Man's room, Garden and Outbuildings, Garden, Cellar, Dairy, Store room, Pantry, Housekeeper's room, Drawing room, Small drawing room, Chamber over Housekeeper's room. Upper back chamber, Upper front chamber, Laundry, Back Kitchen and Yard.

Three pair of scarlet moreen window curtains with cornices, drapery heads, pins etc.

Set of handsome chintz curtains for two Windows with gilt ornamental drapery, lined with pink, silk fringe, gilt pins etc.

Eight painted chairs with cushions chintz and holland covers and two elbow cushions to match

Robert Phelps and the continuation of the Smithsend name is covered in another document.

When Elizabeth died this brought to an end the involvement of Smithsends with Tewkesbury and Walton Cardiff where they had lived for over 600 years. Except that Frank Smithin (b.1870) from the modern branch of the family was a pupil a Tewkesbury Abbey School in 1881 and probably knew nothing at all about his Tewkesbury heritage.[21]

[1] GRO: D3112 (3) - Indenture of Nicholas Smithsend1756

[2] GRO: D3112 (3)

[3] Bigland - Tewkesbury 1776

[4] Bigland - Ashchurch

[5] GRO: D3112 (3). Will of Nicholas Smithsend 1775

[6] PRO: C12 1358 29. Smithsend vs Wynde

[7] GRO; D3112 (3)

[8] GRO: D3112 (3). Will of Nicholas Smithsend 1775

[9] W Dyde 1790

[10] History of Tewkesbury, James Bennett, 1830

[11] J Bennett. Tewkesbury Register and Magazine Vol 11, p.457

[12] History of Tewkesbury, James Bennett, 1830

[13] Victoria County History - Gloucestershire

[14] Tewkesbury Historical Society Bulletin, No. 8, 1999

[15] Victoria County History - Gloucestershire. Vol 3. Page 241

[16] GRO: D3112 (4)

[17] GRO: D3112 (4)

[18] PRO: C12 952 43

[19] James Bennett. Tewkesbury Borough Register Vol 1. 1830-1839

[20] PRO: Will of Elizabeth Smithsend. 1833

[21] Full References:

Bigland - Historical Monuments & Genealogical Collections relevant to the County of Gloucestershire 1770-1899.

GRO - Gloucestershire Record Office

PRO - Public Record Office

The History & Antiquities of Tewkesbury, W Dyde, 1790.

The History of Tewkesbury by James Bennett, re-published by Alan Sutton, 1976, First published, 1830