Smithsend - Phelps family

This document describes the continuation of the Smithsend name after the last person with the Smithsend surname, Nicholas Smithsend, died in Worcester in 1837.

Smithsend and Phelps

Robert Phelps inherited a significant part of the Smithsend estate when Elizabeth Smithsend died in 1833. He was the great great grandson of Richard Smithsend who was the brother of Elizabeth's great great grandfather Nicholas Smithsend.

Robert Phelps inherits the Smithsend estate c.1837

The terms of Elizabeth's Will gave a life interest in part of the estate to Nicholas Smithsend (1761-1837) who was the last male with the Smithsend surname and a great grandson of Richard Smithsend so the inheritance did not immediately pass to Robert Phelps. Nicholas wrote to the Executors in 1833.[1]

Letter from Nicholas Smithsend

Sir

I received your letter this morning, in answer I beg to say that as you expect the new trustees will be appointed in a few days I will wait till then when I shall expect to receive the amount of my half years rent according to Miss Smithsends will which I hope will be shortly as I am in bad want of it.

I remain Sir yours obediently,

Nicholas Smithsend

Nicholas was buried at Worcester, St Michael on the 16th May 1837, aged 75 and the inhertiance then passed to Robert Phelps.[2] Robert did not inherit the full estate as most passed to the descendants of Elizabeth's mother's Romney family but a substantial portion of the original Smithsend lands and properties passed to him.

Robert Phelps (1790-1848) was born in Tewkesbury and became a solictor. He married Harriet Moore in 1820 and they had nine or more children some born in Ledbury and some in Tewkesbury. Their son Smithsend Phelps was born in September 1837 just after they came into the inheritance and this probably accounts for his unusual first name.

But Robert Phelps does not seem to have prospered as a result of his inheritance because a few years later he was recorded as a Bankrupt and seems to have sold most of the land and properties. This might be connected with a final attempt to get Walton Spa up and running since in 1837 the Pump room was rebuilt and perhaps Robert financed this from borrowing on his inherited properties. The first sale was in 1839. [3]

Sale on behalf of Robert Phelps - 1839

At the Kings Head Tewkesbury, 19 June 1839. Sale of Freehold estate, Cottages, Detached lands, at Walton Cardiff for Robert Phelps Esq.

Lot 1

A complete Freehold estate with Farm House, Barns, Stables, Hold yards, Rick yard, Garden and several pieces of arable meadow and pasture land and orcharding in the occupation of Messrs. Isaac and Thomas Wills (Witts?) 174a. 2r. 5p.

Lot 2

Two newly built cottages and Gardens in the occupation of Thomas Hathaway and John Russell. Pieces of Orchard called Pear Tree Orchard with the Waggon house and shed thereon and part of the low pen adjoining.

Lot 3

Two cottages with Gardens in the occupation of Sarah Hawkes and Thomas Wilson. Two 'ley' orchards adjoining.

Lot 4

Two pieces of pasture and meadow land called Woods Ground and Woods Meadow 14a. 1r. op. The land is open to a small piece of land the Property of Earl (Derry?)

Lot 5

A piece of Meadow land called Hitch's Meadow on the upper part of the Barton South? 12a. 0r. 5p.

The lots were sold to different buyers and the total paid was £9,714 of which Lot 1 was by far the largest portion.

A further sale was necessary in 1841 and by now Robert is referred to as 'Mr Robert Phelps, a Bankrupt'. [4]

Sale on behalf of Robert Phelps - 1841

Swan Inn Tewkesbury, 3 November 1841

Desireable residence for a genteel family, and plot of Garden lands at Tewkesbury, and two cottages with gardens at Walton Cardiff, Gloucestershire to be sold by Auction, by Moore & Weaver.

On Wednesday the 3rd day of November, 1841, precisely at four o' clock in the afternoon, at the Swan Inn, in the Borough of Tewkesbury by order of the Assignees of Mr Robert Phelps a Bankrupt.

Lot 1 - All that modern freehold dwelling house newly erected with brick, having a stuccoed front and a light iron verandah covered with copper, called Oldfield Cottage, most eligibly situate at an agreeable distance from the Turnpike road at the eastern end of Barton Street in the Borough of Tewkesbury aforesaid, now in the occupation of the said Mr Phelps.

Lot 2 - All that piece or Parcel of Freehold Garden Land, well planted with choice Fruit Trees, situate on the North side of afore-named Property but with an entrance thereto from Chance Street, containing by admeasurement 1a. 14r 4p.

Lot 3 - Two newly erected brick built cottages also Freehold, with Gardens attached thereto, situate in the Parish of Walton Cardiff about 1 mile from Tewkesbury and now in the several occupations of George Taylor and Henry Roberts.

For further particulars apply to Messrs. Workman Solicitors, Evesham, Messrs Wintebotham & Thomas Solicitors, Mr W L Chandler Solicitor and Moore & Weaver Auctioneers Tewkesbury. "

The Lots were apparently sold as follows:-

Lot 1 - £1,000

Lot 2 - £300

Lot 3 - £145

There was a second sale in 1841.[5]

Sale on behalf of Robert Phelps - 1841

New Inn, Ledbury 9th November 1841. Sale of property at Borbury & Stoke Lacey both of Mr Robert Phelps, a Bankrupt.

Lot 1 - A small compact estate copyhold of Inheritance called Townend situate in the Parish of Borbury adjoining the Grange estate about 5 miles from Ledbury containing 32a. 2r. 0p. And with the exception of the Cottage and an orchard adjoining but of Mr William Coy

Sold for £1,540

The nature of the second Lot was not clear.

To New Zealand and Australia c.1846

Robert Valentine Phelps - Robert Phelp's eldest son Robert Valentine Phelps emmigrated to New Zealand in 1846.[6] His obiturary described the circumstances.

Mr. Robert Valentine Phelps, solicitor, the deceased, was born in Ledbury, Herefordshire, England, and was a son of the late Mr. Robert Phelps, solicitor, of Tewkesbury, England.  He was admitted as a solicitor, at Westminister on the 9th May, 1842.  He left England, and landed in Wellington New Zealand, in 1846, where he resided for some years, arriving on Dunolly, as stated, in 1851.  He was admitted to the Victorian bar in 1856 - the year the rush broke out at Dunolly - and thereafter practiced his profession steadily, and with success - being engaged in some great cases.

In 1851 Robert Valentine Phelps arrived in Victoria, Australia. He is recorded in the Victoria records as an 'original settler of Dunolly'. The following extracts from his obituary in the local newspaper describes his life in Australia.

Mr. Phelps may well be regarded as having been one of Dunolly's most notable residents and in the record of the pioneers of the district and of the state, his name must occupy a prominent place.  He had many and varied experiences in a new country, and his vigor, energy, and strength of character were noticeable even in those early strenuous days when the vigor and ardor of youth were manifest amid strange surroundings, demanding incessant watchfulness in a time full of adventure, and characterised by constant change.   It was a strange romantic period, and comparatively few are left who engaged in its struggles and these are rapidly passing from amongst us.  Mr. Phelps was one of the first white men to settle in this district.  He arrived in 1851, some five years before the diggings here opened - having come across country with cattle at that time from Mt. Alexander.  We understand he was associated for a time with the late Mr. Henry Norman Simpson in grazing pursuits, the run extending from about Maryborough to McIntyres.  Mr. Phelps was an excellent raconteur when he chose, and his stories of those early times in Victoria, and in this locality, held his hearers breathless, although it was seldom, and to comparatively few, that he gave the pleasure of his reminiscences. Could these have been collected and arranged they would have formed a book of uncommon interest.  For Victoria in those early days had much that was romantic and there was constant excitement.  Mr. Phelps was one of the very first, if not the first, practising solicitors here, and maintained his connection with the courts of the district till some seven or eight years ago, practising in Dunolly, Tarnagulla, Avoca, Maryborough, and other places.  His name was familiar over a wide extent of country, and he was known as an exceptionally clever and able lawyer. 

He married Eliza Martha Puzey (b.1837) at Dunolly on 1st March 1855.

His was the first marriage celebrated in this locality taking place in Old Dunolly, where he then resided, about fifty years ago.  In fact, had he lived till the beginning of March next Mr. & Mrs Phelps would have observed their golden wedding.  At that time religious ministrations were not so regular as now, and the clergyman - the Rev. Mr. Cheyne, of the Church of England - drove all the way from Castlemaine to officiate at the wedding, for which Mr. Phelps paid him a fee of fifty pounds. 

Robert purchased land in July 1857 and 'Canvas Buildings on Broadway at Rush'  in 1856. He is described as Robert Phelps, solictor, Raglan Street. Robert died on the 10th January 1905 and is buried in Dunolly.

Smithsend Phelps - in 1852 Robert's younger brother Smithsend Phelps emigrated to Victoria on the ship the Mary Harrison with about 250 other emigrants. He was aged 13 and it looks from the passenger list to be travelling on his own so presumably he was coming to join his brother.

Smithsand Phelps, Age 13, Aug 1852, Mary Harrison, Departure point British Isles (Fiche 005, Page 10)

Smithsend married Elizabeth Haggerty in about 1860 and they had 10 children including a son that they also named 'Smithsend' born in 1869. Smithsend and Elizabeth lived at Broken Hill, New South Wales and he was a station hand. Smithsend died at Sturt, New South Wales, on 23rd October 1895, age 57. The New South Wales probate records show that he left his estate to his wife Eliza and the estate was valued at 45 pounds.[7]

Smithsend as a middle name (1858-1861)

Robert Valentine Phelps and Eliza Puzey had thirteen children and two included Smithsend as one of their middle names. These were Robert Law Smithsend Phelps and his younger brother Frederick Law Smithsend Phelps. 

Robert Law Smithsend Phelps - was born on 2nd October 1858 at Dunolly and married Maria Florence West in Newtown, New South Wales on 8th February 1886. In 1903 they were living at Simmond Street, Wagga Wagga and was described as a Horse trainer. Later in 1906 and 1909 they are at Thompson Street, Wagga Wagga, and he was working as a clerk. In 1915 and 1916 they were still at Thompson Street, and he was described as a Billiard maker. By 1917 he was living at Bayliss Street. Robert died on 15th December 1917 at Wagga Wagga, New South Wales.[8]

The death occurred in the Wagga District Hospital on Saturday night last of Robert Law Smithsend Phelps at the age of 57 years. The deceased was an old resident of the town, and of late years had been a billiard marker at Mr. J.J.Scott’s Australia Hotel. In his younger days, he was a lover of sport and successfully trained and rode hurdle and steeplechase horses. He leaves one son and a number of relatives in Melbourne and Wyalong. The funeral took place yesterday afternoon, leaving Wagga District Hospital. It was attended by relatives and friends of the deceased from The Rock and Wagga. A wreath from Mr.J.J.Scott and family was placed on the coffin. The pall-bearers were Messrs. J.J.Scott, Thomas Rankin, William Churche and George Gatehouse. The chief mourner present was Mr.W.Maudesley of The Rock, and at the graveside were many old friends of the deceased. Canon Pike read the burial service and the funeral arrangements were conducted by Messrs. McIntosh Bros.

Frederick Law Smithsend Phelps - died as an infant less than one year old in 1861 - from the Obituary of his father Robert Valentine Phelps.[9]

A more painful and pathetic event of those early days took place subsequently, which still further illustrates the long association of Mr. & Mrs. Phelps with Dunolly.  The very first internment that took place in what was then the new cemetery here, was that of a little son of Mr. & Mrs. Phelps, who, sad to relate, met his death by drowning in the creek which traverses Mr. Phelps property at the rear of the house.

With the death of Robert Law Smithsend Phelps in 1917 the Smithsend name became extinct after a recorded of history of at least 650 years.[10]