Smithin - Sale of Birlingham Estate
Smithins had been living and farming in Birlingham since 1650 but this sadly came to a complete end in 1890 when the entire estate was sold by public auction to pay off mounting debts. Charlotte Smithin (formerly Butt) retired to Cheltenham; her eldest son Joseph was already farming in nearby Cleeve Prior and the younger children moved on to other careers.
Smithins in Birlingham in 1851
At the 1851 census Joseph Smithin (1789-1851) was still alive and farming 130 acres in Birlingham at 'Land End' farm employing 6 farm workers. His wife Anne (formerly Anne Proctor) had died the previous year. All five children were living at home and the eldest Joseph (1829-1875) was about 21. Joseph senior died on 1st August 1851 and is buried in Birlingham next to his wife close to the path leading up to the South Porch of St James Church.
At his death an Inventory was taken of Joseph's goods. The farm house was quite substantial consisting of: Cheese room, Dairy, Cellar, Kitchen, Sitting room, Parlour, Hall and stairs, 1st Chamber, 2nd Chamber, 3rd Chamber, 4th Chamber, 5th Chamber, 6th Chamber, Pantry, Wood room, Brewhouse, Milk house, Yard. The total value of the inventory was £1,1716-0s-3d and there was also a personal residuary estate of £5,710-11-9d making a total value of £6,480 and this does not include the farm, stock and lands which were left to his son.
Joseph's will had been drawn up in June 1850 just after his wife's death and was proved on the12th November 1851. In it he leaves the farm and stock to his son Joseph and his personal estate of over £6,000 is left to be divided equally between his four daughters, Anne, Sarah, Margaret and Mary.
Joseph's son and Benjamin Smithin the Younger of Sheriff's Lench were the Executors of the will and also acted as Trustees for the money for the daughters. Benjamin (1821-1905) was Joseph senior's nephew the son of his younger brother Benjamin (1791-1861) who farmed at Sheriff's Lench, not far way, and owned other fields near Birlingham towards Eckington bridge. Here is the part of the will that makes provision for the daugthers.
And I do hereby declare that the Trustees or trustee for the time being of this my will shall stand and be possessed of the monies which shall constitute and be the produce of my said residuary estate and the stocks funds and securities in or upon which the same shall be invested and of which the same shall in part consist. In trust to pay the Interest dividends and annual produce thereof into or otherwise apply the same for or towards the maintenance of my four daughters, Ann, Sarah, Margaret and Mary in equal shares and proportions until the youngest of my said daughters shall have attained the age of twenty one years. And from and immediately after my youngest daughter shall have attained that age Upon Trust to pay and divide the said trust monies stocks funds and promises unto between and amongst all my said daughters in equal shares and proportions as tenants in common and not as joint tenants.
Joseph the younger marries in 1856 in Birlingham
In 1856 Joseph, the younger, married Charlotte Butt in Pirton on the 26th April. It is not clear where and when Charlotte was born, possibly in the hamlet of Northampton near Ombersley, Worcestershire, or in Hallow where her father may have worked as a Maltster, or in Martley where she was living with her Uncle John Butt in 1841. The clearest date is given in the 1841 census where she is described as 17 and living with her uncle at Berrow farm, Martley. This puts her birth at around 1824.
She was described as a Spinster of Pirton at the time of her marriage. In February 1856 she was left by her uncle John Butt of Pirton 'all my Household Goods and Furniture Plate Linen China and other Articles belonging to me in or about my dwellinghouse at the time of my decease to my niece Charlotte Butt Daughter of the late Thomas Butt of Hallow in the said County of Worcester, Maltster deceased, now living with my said Nephew (John Butt b.1825) for her use absolutely'.
John Butt (1765-1856), Charlotte's uncle, had two other brothers William (c.1770) and Richard (1772-1854) and the Butts in Pirton and Peopleton are descendants of William and Richard. The Nephew was John Butt (c.1825-1871) who witnessed Charlotte's marriage certificate.
Joseph's sisters receive their inheritance in 1858
On the 21st May 1856, Mary, the youngest of the sisters reached the age of 21 and according to the trust the money in the trust was divided between the four daughters. In 1856 this came to £1,620 each, a large sum of money, probably equivalent to £150,000 in today's terms.
We do not know how their father amassed such a large amount of money although it is possible that some of it was his wife's money as she may well be related to the quite wealthy Proctor family who lived at Ashton Under Hill on the other side of Bredon Hill from Birlingham. Joseph also owned or leased a Salt Works near Droitwich around 1843 and some of these brine or salt businesses were very successful at the time.
Joseph buys Upper End Farm in Birlingham in 1858/59
In about 1858 or 1859 Upper End Farm which is to the south of Birlingham with the farm house on the other side of the river on the road to Eckington (see map) was put up for sale by a Compton John Hawford. It was bought by Joseph and at 205 acres more than doubled the area he was farming.
At about the same time he also bought some other land (or it was part of Land End farm) just to the South of Birlingham and began construction of a new home, later called 'Avonside'. To do this he borrowed very heavily and took out a mortgage of over £5,000 on Upper End Farm and a mortgage of £1,100 for building Avonside.
He also borrowed £1,800 from his sister Sarah - as the promisory note, in his own hand, shows.
June 7th 1859
I promise to pay on demand to Miss Sarah Smithin the sum of One thousand eight hundred pounds and interest half yearly at four and a half percent.
Signed. Joseph Smithin
Smithins Farming in Birlingham 1859-1871
It is clear from comments in the 1890's that this was quite a prosperous period for farming and very different to the conditions that existed during the slump of the 1880's. Joseph appears in Kelly's directory of 1860 as a farmer in Birlingham. At the 1861 census the farm is described as 'Lower End farm' of 317 acres. Probably 'Land End' and 'Upper End' farms were combined and known as 'Lower End farm'. The modern name of 'Lower End Farm' is on a site next to 'Avonside' and is probably the site of the original 'Land End' farm.
Many farms in this period often consisted of quite separate and disparate pieces of land that families had acquired rights to over time and certainly from later documents it looks as if this was the case with the Smithins who owned several separate parcels of land all over Birlingham.
By 1861 Joseph and Charlotte's oldest son Joseph (1857-1930) was born and their second son Francis (b.1858), followed a year later. Both were toddlers at home at the time of the 1861 census.
In 1870 there are notes of sales of land between Joseph Smithin and Daniel Newell and between Joseph Smithin and Edward Humpries. This may have been the sale of some land by Joseph as in 1871 the acreage of the farm had dropped slightly to 300 acres. Their home is not called 'Avonside' so perhaps it was not called by that name until later or did it take a very long time to build? In 1870 Joseph raised a further mortgage against Lower End farm for about £3,000.
By 1871 a further five had children had been born with two sets of twins! Isabel (b.1860), Sidney (b.1862), Kate (b.1862), Maud (b.1864) and Hubert the youngest (b.1864). Margaret Smithin, one of Joseph's Aunts died in 1866. She is buried in Birlingham close to her brother.
At this date Joseph's sister Sarah may have been in the County Asylum for Gloucestershire in Wotton near Gloucester but at her death her address is given as Barnwood which was the new County Asylum (in Gloucester) opened in about 1888. There was later also a private Asylum called Barnwood House, in Gloucester, which may be the same place.
Joseph taken ill in 1872 and dies in Birlingham in 1875
Joseph made a will on the 8th September 1872 which looks like quite a brief and hasty document and a Codicil was added the following day. He was probably taken ill suddenly as his death certificate 3 years later gives the cause of death as 'debility of the heart 2 or 3 years'. However, Joseph was still involved in the business to a imited extent as he borrowed a further £250 from his Sister Sarah on the 1st August 1873 and made a part repayment of £50 on the 1st May 1874. An entry showing him as a farmer and landowner in Birlingham also appears in an 1876 trade directory which must have been set up in 1875 or earlier. Joseph died on the10th August 1875.
It is possible that Joseph's sister Sarah entered the Asylum some time before 1873 as the second promisory note reads 'on behalf of ' his sister Sarah.
Joseph is buried in Birlingham on the West side of the churchyard. He was only 46. The will was proved by Charlotte on the 20th October 1875 and his personal effects were valued at under £3,000. It is worth quoting the will as it the source of many later problems.
Will of Joseph Smithin (1829-1875)
This is the last Will and Testament of me Joseph Smithin of Birlingham in the County of Worcester, Farmer. I direct all my just debts funeral and testamentary expenses to be paid. I give and devise unto my Wife Charlotte Smithin the use and enjoyment of my real and personal estate during her life or Widowhood to enable her to support bring up and educate my children and on her death or marrying again I give and devise all my said real and personal estate unto and equally between my said children as and when they respectively attain the age of twenty one years. I appoint my said wife sole Executrix and empower her to raise for the benefit of either child a reasonable part of his or her presumptive portion. In Witness whereof I have hereunto set my hand this 8th day of September 1872. Joseph Smithin.
Codicil
This is a Codicil to my last Will. I authorise my eldest son Joseph Smithin to take to at a valuation in the usual way on my said Wife's death the freehold house and premises in which I reside together with the freehold land and cottages in Birlingham which I inherited from my late father. In Witness whereof I have hereunto set my hand this 8th day of September 1872. Joseph Smithin.
Charlotte had a friend Susan Elizabeth Herbert (c.1829-1902) whom she must have known from when they were both quite young as Susan witnessed Charlotte's marriage certificate in 1856. Susan apparently went to stay with Charlotte and Joseph for one week and stayed for the rest of her life! At the 1871 census Susan is staying with them and gives her age as 40 (which we think is only approximate). Susan was also a witness to both the Will and the Codicil. Susan was a teacher so she may have been tutoring the children at home. Elizabeth also registered Joseph's death and was also present at the death
Charlotte farming at Lower End, Birlingham 1875-1887
Kelly's trade directory for Worcestershire shows Charlotte managing the farm, in 1880 and in 1884, some years after her husband's death. At the 1881 census Charlotte is described as the head of the household aged 48 and the farmer of 300 acres, although the 1841 census would suggest that she is actually 56. At this point the live-in servants were: Fanny Boulton, aged 20, a cook, and Mary Finch aged 13, a housemaid. Also living with them was (Susan) Elizabeth Herbert, aged 48, unmarried. There were also several Agricultural labourers and their families living near the farm who were probably the farm workers.
In 1883 her eldest son Joseph left home and rented a farm later called 'Top Farm' of 160 acres in Cleeve Prior. Here is the advertisement he saw and he was soon installed at Cleeve Prior as the letters show.
Advertisement in Bell's Weekly Messenger in 1882
Farm - Cleeve Prior, the Vale of Evesham Worcestershire - To be LET, with immediate possession, a most desirable farm consisting of 160a.2r. 16p. of very rich and productive Arable, Meadow, Orcharding and Pasture Land. A capital Residence, two good new Fold Yards and thirteen cottages on the farm, which is in a good state of culitivation, five miles from Evesham, two miles from Bidford, and about 1 mile from Salford Priors Station on Midland Railway. For further particulars apply to Jonathon Slatter Esq. Solicitor, Stratford-upon-Avon.
Letter from Jonathon Slatter to Mr Lunn
21st October 1882 Mickleton, Chipping Campden, Broadway
Dear Mr Lunn,
You will no doubt see Mr Deer who will tell you something of the work yesterday at Cleeve. I think that the enclosed letter of Mr Smithin looks like business. I have written to say I shall see you on Monday and we can then give him a more definite reply. I will thereupon come to the office about 1/4 past 2 o'clock.
I am Dear Sir Yours Faithfully
Jonathan Slatter
Robert Lunn was a local solicitor in Cleeve Prior and he and Jonathan Slatter were Landlords for parts of the farm which was in effect a collection of smaller farms joined into one for renting.
Letter from Joseph Smithin To Mr Robert Lunn
Cleeve Prior July 12th 1887
Dear Sir,
Many thanks for your kind invitation to dinner on Friday for my Wife and self which we shall be pleased to accept. Will you be at your home at 1.30 if that time will suit you. With my kind regards to Mrs Lunn and yourself.
I am Yours Truly
J Smithin
Letter from Joseph Smithin To Mr Robert Lunn
Cleeve Prior, July 5th 1887
Dear Sir,
Will it be convenient for me to come and pay my rent on Friday July 15th 1887. I should have fixed this week only I have not finished Hay making and I do not like to leave home while it is about.
With kind regards I am Yours Truly
J Smithin
The following letter to her Solictor (Joseph Martin of Pershore) shows Charlotte dealing with the day to day business at Birlingham.
Avonside, Birlingham, Feb 4 1888
Dear Sir,
The insurance policies need a little alteration which is being done. They shall be sent to you when they are completed, you can then send a receipt for the Deeds. The value of the property is greatly increased by a new house called Avonside built by the late Joseph Smithin in 1858 at a cost of over £1,100.
C Smithin.
It seems a little odd that Joseph (her son) had moved away to rent another farm when he had a large farm to help his ageing mother run in Birlingham but perhaps that is a sign that even in 1883 Lower End farm was running into financial trouble.
The Sale of the Smithin Estate 1889-1894
Joseph (b.1829) had built up a considerable amount of debt before he died - perhaps he was too ambitious in expanding the farm and building a new home and we must remember that he was only 21 or 22 when his father died and was still in his twenties when he bought Upper End Farm and started building Avonside. By 1889 the value of the estate did not provide sufficient cover for the debts and the Mortgagees had called in the loans for repayment (the equivalent of re-possession today). Charlotte had only been repaying the interest on the loans so there was still a large amount of money outstanding. The loans to Sarah Smithin were also still outstanding - as a summary from one of Charlotte's solicitors describes.
The testator (Joseph Smithin) was indebted at his decease to his sister Sarah in £2,000 the only security thereof being his promisory note which still exists and upon which the Interest has been regularly paid down to the present times by the Testator's Widow (Charlotte) to Sarah Smithin's sisters on her account for her maintenance in the Lunatic Asylum of which she has been an inmate for some years since the testator's death, although not found of unsound mind by Inquisition.
A note from the first solicitor that Charlotte approached (A R Hudson of Worcester) describes the situation after her son Joseph had been to see him on the 26th March 1889.
'Attending Mr Joseph Smithin and conferring with him as to your paying off two Mortgages upon your Eckington and Birlingham properties which you were under notice to pay off'.
In 1889 Upper End Farm was let to a tenant, presumably to help raise some income, and by this time about 100 acres seems to have been sold from the 300 acres reported in 1871. A note from the local solicitor (Joseph Martin of Pershore) to a colleague reveals even more problems.
The farm stock has of course materially decreased and to enable the Widow to carry on the business an overdraft at the Banks for some £950 became necessary which has been secured against the deeds.
The total debt was about £12,000 a very large sum of money. Easily equivalent to £1 million today if not more. Indeed the house alone (that was Avonside) was recently advertised (in 1999) for £550,000 although obviously much modernised from 1890. After the first meeting with Joseph A R Hudson wrote to Charlotte describing the situation.
11th April 1889
Dear Madam,
I answer to yours of the 3rd inst. I had considered the fact of your eldest daughter having died leaving a child only 4 years old. I have however reason to think that the matter can be managed notwithstanding that circumstance particularly if all your other children consent to the proposed arrangement and have not charged their reversionary shares, that is, raised any money upon them by way of mortgage. It will of course be impossible for you to raise the £5000 and £3000 without bringing the family property in the new securities and to do this it is desirable that your 6 surviving children should concur with you in the new mortgage. Perhaps therefore you will write me again after you have consulted with them on the subject. I assume that if the money is not raised the result would be that the present mortgagees would sell the property comprised in their respective mortgages which would I fear be a great sacrifice at the present time, and should the proceeds of sale not be sufficient to justify the principal money and interest secured it would then be within the power of the mortgagees by what is termed an Adminstrative Action to apply to the High Court of Justice to realise a sufficient portion of the late Mr Smithin's Family property (i.e. assuming as I believe was the case that he was entitled to it absolutely) to pay the balance of any monies that may then be due to them.
Yours Very Truly A R Hudson
Because Joseph in his will had left the estate to all the children, after Charlotte's death, any sale was complicated by the fact that all the children had to agree and that because Isabel had died in 1884 her portion was passed on to her daughter who was only 4 years old. The situation of the seven children in 1889 was as follows.
Joseph (age 32) was married (in 1883 to Laura Baker) and farming (a rented farm) in Cleeve Prior Of Francis (age 31) we have no idea where he was or what he was doing Isabel married John Walker Smith in 1883 in Birlingham but died in 1884 leaving a daughter Isabel Dora Sidney (age 27) was living in Derby and working as a Woodcarver - he had trained as a Woodcarver Kate (age 27) was living in Birlingham Maud (age 25) was married to Charles Bulbeck (in 1888) a Timber Merchant and they lived in Sussex Hubert (age 25) was living in Birlingham and helping his mother manage the farm
Here is a note from Mary Smithin (Charlotte's sister-in-law) showing that Charlotte was regularly paying the interest on that part of the debt. Mary was acting for Sarah as she was in the asylum.
Received this 11th day of March 1890 of Mrs Charlotte Smithin (on behalf of Sarah Smithin) the sum of forty three pounds seventeen shillings and six pence being half a years interest of £2,000. (less income tax) due to Sarah Smithin. December 1st 1889.
Mary Smithin
The attempt to arrange a new Mortgage went on from March 1889 to January 1890 when it was eventually abandoned in favour of a public auction. Initially the prosepects seemed quite good according to the solicitors notes but even by putting up all the property as security (which Charlotte and Joseph were very reluctant to do) there was barely enough cover for the new loan - at that time 2/3 of the value was the typical proportion. One initial valuation was £14,950 which allowed for a loan of about £9,500 but it seems that no-one offered more than £8,000 probably as there were some confusions and doubts about the title to some of the land. A further debt was then discovered of £700 where Charlotte's son Joseph had borrowed £700 against his prospective share of the will, perhaps in relation to renting the farm at Cleeve Prior, and this further reduced the money that could be borrowed against the estate. They were probably still the best part of £2,000 (a large sum of money) short of what was needed and there was no way of raising any further money. Also a new loan must have been a risky proposition as the interest payments would have been very large and the estate had been losing money for several years.
The debts in summary were as follows:-
Sarah Smithin £2,000 Trustees of Edward Humphries £3,154 Lloyds Bank £ 950 Unknown debtor of Joseph £ 700 Second Mortgage £ 5,000 Total £11,804
The one Mortgage of £3,154 was probably Trust money (from a Will) as this seems to have been quite a common way of raising a mortgage before the growth of Building Societies and as the money was secured against property was quite a safe investment for the lender. With costs of the solictors and the sale of about £650 Charlotte would not have much left to live on.
Avonside, Birlingham, July 16th 1890
Dear Mr Martin,
Miss Smithin from Cheltenham is staying with me and she wishes to see you and will be glad to know what day and hour will be most convenient for her to do so. I have not heard from Mr Righton or had any statement from anyone and I am getting anxious to do so as the 29th September will soon be here. You will kindly let me know when Merrells is sold and what all the expenses and your charges will be so that I may know whether I am to expect anything or not.
I am dear Mr Martin Yours truly
C Smithin
Here is the Sale notice which describes the estate.
Sale of Smithin Estate, Birlingham, in 1890
Important sale of Freehold Properties. Mr E G Righton is directed to offer for Public Auction at the Three Tuns Hotel, Pershore. On Tuesday the 24th June 1890 at Three for Four o'clock in the afternoon, in the following or such other lots as may be arranged at the time of sale, and subject to conditions.
Parish of Eckington
Lot1 - A very desirable Freehold and Tithe Free estate known as 'Upper End Farm' situate in the Parish of Eckington, Worcestershire, containing, 143a. 2r. 5p. or thereabouts of which 130 acres is Pasture Orchard and Meadow Land with Dwelling House and Farm buildings. The Farm is in a good state of cultivation. It lies in a ring fence, and has a main road passing nearly through the centre. The whole with the exception of No.254 is in the occupation of Mr E Snowsell at £250 per annum. No.254 is in hand but was recently let at £10 per annum.
Parish of Birlingham
Lot 2 - A Freehold Beerhouse called 'The Swan Inn' with outbuildings and a most Productive garden having an excellent Plantation of Plum Trees and Bushes thereon and comprising 0a. 3r. 30p. or thereabouts in the occupation of Mr Thomas Taylor at £26 per annum. This is the only licensed house in the village and commands good trade.
Lot 3 - A valuable and fertile farm called 'Merrells' situate in the parish of Birlingham containing 24a. 0r. 3p or thereabouts with Dwelling house, garden and buildings.
Lot 4 - A very productive Garden partly walled in, well stocked with choice sorts of fruit trees and the excellent Pasture Orchard .adjoining called 'Sheer Croft Orchard' the whole containing 1a. 0r. 8p. or thereabouts.
Lot 5 - A valuable Close of Pasture Land or Orcharding called 'Berwicke Orchard' having a fine plantation of Apple and Pear Trees upon it now in full Bearing, containing 3a. 1r. 38p. or thereabouts.
Lot 6 - An excellent piece of Arable or Garden land (formerly 'Old Turf') called 'Longford Close' containing 3a. 0r. 19p. or thereabouts. This lot is well adapted for Building or Gardening purposes.
Lot 7 - Two closes of Arable and Meadow Land called respectively 'Short Hill' and 'Upper Woods Meadow' comprising 14a. 3r. 30p. or thereabouts. Short Hill is a splendid piece of land well suited for Gardening having a good depth of soil and lying to the South.
Lot 8 - An extraordinary piece of Arable land called 'Withy Walk' containing 9a. 1r. 20p. or thereabouts. This is a splendid piece of land, well adapted for Garden purposes, the soil being rich and deep.
Lot 9 - A very desirable Residence known as 'Avonside' containing Front and Back Halls, Dining, Drawing, and Sitting rooms, 8 Bedrooms, Kitchens, China Closet, Pantry, Underground Cellar, and the usual Out-offices, tastefully laid out Flower Garden with Lawn, Greenhouse, and Kitchen Garden, with a southern aspect, and directly opposite to the Bredon Hills (of which there is a beautiful view). Also near to it is an old Farm House and Farm buildings, together with 15a. 1r. 5p. or thereabouts, of excellent Orcharding and very superior Meadow and Pasture Land. The above forms a very nice Country residence with every convenience and situated most pleasantly, with a gravelly subsoil.
Lot 10 - A comfortable Brick built and Tiled Cottage (formerly a farm house) with large and productive Garden fronting Church Street, let to W. Mence at £6 per annum.
Lot 11 - Three Brick built and Tiled Cottages and large Gardens, near to Lot 10, and let to George Mann and S. Bradley, and one at present void, producing £12. 15s. per annum.
Lot 12 - The Pastures in Asham Meadow about 3a. 0r. 20p. and also 4 Cow and 2 Horse Pastures.
The farms are in a good state of cultivation; the Orchards are in full bearing; the Pasture Land is exceedingly rich; and the Arable Land is equal to the garden land for which Eckington and Birlingham are so noted. The property is Freehold and Tithe Free (with the exception of a Titheable Lot in Asham Meadow). The Properties have been arranged in such lots as cannot fail to be attractive to all parties, and form most desirable opportunities to all classes of Investors.
To view apply to Mr Hubert Smithin, Birlingham; and for further particulars, with Plans and Conditions of Sale as to Lot 1 to Mr Harry J Smith, Solicitor, Moreton-in-Marsh; and as to all the lots to Mr Joseph Martin, Solicitor. Pershore, and to the Auctioneer, Evesham and Pershore.
The unlet cottage in Lot 11 was let to a William Mann by January 1891.
The cottages and some of the land in the centre of the village such as 'Withey Walk' had been in the family since the earliest days in Birlingham so it must have been a very sad time for the family and for Hubert to see his childhood home sold and to have to show the prospective buyers around. The Swan Inn was run by a Hannah Butt (as tenant) in 1878 but we do not know whether she was any sort of relation of Charlotte.
There was a further legal obstacle in that Joseph had been given the right by his father's will to buy the estate (at market value) before any other purchaser so he had to sign a document waiving that right.
Legal statement from Joseph Smithin in 1890
To Mr M J Shelton
Whereas under the Codicil dated the 8th day of September 1872 to the Will of my late Father Joseph Smithin (which Will and Codicil were proved in the Worcester District Registry on the 20th day of October 1875) I am authorised to take to at a valuation in the usual way on the death of my Mother Charlotte Smithin the Freehold house and premises in which my said Father formerly resided together with the freehold land and cottages in Birlingham which my said Father inherited from his later Father. And whereas my said Mother as Executrix of the said Will and in virtue of my said Father having by his said Will charged his real estate with the payment of his debts some of which are still unpaid has agreed to sell to you the freehold messuage known as 'Avonside' in which my said Father resided at the time of his death and certain lands adjoining containing together 15a. 1r. 5p at the price of (including timber) of One thousand five hundred and twenty seven pounds seventeen shillings. Now I hereby assent to the said sale and waive my right to purchase the said premises under the authority contained in the said Codicil. Dated this eleventh day of October One thousand eight hundred and ninety.
Joseph Smithin
Witness Mary Barbara Stonehouse, Cleeve Prior
There is a memorial to John Shelton in Birlingham churchyard: ' John Shelton of Avonside' died 15th December 1906)'. He was clearly not too impressed with the former owners as Charlotte and Hubert had pinched some of the shrubs before they moved.
Letter from Joseph Smithin to Joseph Martin, Pershore
Cleeve Prior, November 6th 1890
Dear Sir,
I have signed the enclosed agreement. The wooden supports you speak of were sawn off in mistake unknown to my Mother or brother. If he requires it they will be replaced. They have taken some of the good trees and plants to Cheltenham but I should not think a man of Mr Shelton's position would trouble about such a small matter.
I am Yours Truly
J Smithin
The Prices obtained at the sale were as follows.
Lot 1 - Upper End Farm £5,540 Lot 2 - The Swan Inn £ 680 Lot 3 - Merrells £1,640 Lot 4 - Sheer Croft Orchard £ 165 Lot 5 - Berwicke Orchard £ 300 Lot 6 - Longford Close £ 280 Lot 7 - Short Hill £1,000 Lot 8 - Withy Walk £ 750 Lot 9 - Avonside £1,500 Lot 10 - Brick tiled cottage £ 130 Lot 11 - Three brick built cottages £ 200 Lot 12 - Asham Meadow £ 175
Total £12,270
This is equivalent to about £1.5 million pounds in today's terms if not more. The debts at the time amounted to £11,800 so the remainder before costs was less than £1,000. Even a year later Charlotte was not sure whether she was going to get anything out of the sale or not (by this time Charlotte had moved to Cheltenham).
Letter from Charlotte Smithin to Joseph Martin, Pershore
September 19th 1891
The Mythe, Grosvenor Street, Cheltenham
Dear Mr Martin,
I have been hoping to hear from you all this month. Michaelmas will so soon be here and I am getting more anxious than I can express to know exactly how I am left. Another half years rent will quickly be due. I am reluctant to keep drawing from my small amount in the Bank. I did hope there would be some interest coming in by this time, so must it. Will you kindly let me hear from you in the course of a week and tell me what is being done and when I may expect a settlement.
With kind regards I believe me to be
Yours sincerely
C Smithin
Grosvenor Street in Cheltenham where Charlotte lived and Jersey Place where Mary lived are both in the centre of the town and only a few minutes walk apart.
Winding up the estate 1891-1894
It took several years for all the details to be completed and for Charlotte to eventually receive a final cheque of about £1,400. The first problem to arise was that the title to lots 5, 6 and 8 was not clear and Benjamin Smithin, Joseph's (b.1829) cousin had to make a legal declaration about this.
Draft of statement by Benjamin Smithin (J Martin Solicitor) - December 1890
I Benjamin Smithin of Sheriff's Lench in the County of Worcester, Farmer, do solemnly and sincerely declare as follows:
That I am 69 years of age and the eldest son of Benjamin Smithin late of Wadborough in the County of Worcester, Farmer who was a brother of Joseph Smithin late of Birlingham in the Country of Worcestser, Farmer, the father of the late Joseph Smithin also of Birlingham aforesaid under whose will the pieces or parcels of land called respectively Berwick Orchard, Longford Close, and Withy Walk situate at Birlingham aforesaid have recently been sold to the Trustees for the purposes of the Settled Land Act 1882, of the will of Robert Woodward Esquire, deceased.
That I have been well acquainted with the said pieces or parcel of land since my earliest recollection.
And that during such period they have been the property of or been in the possession of Joseph Smithin the Father, Joseph Smithin the son, and Charlotte Smithin sucessively namely of the said Joseph Smithin the father from my earliest recollection to the time of his death in the year 18-- of the said Joseph Smithin the son from that period to the time of his death in the year 1875 and of the said Charlotte Smithin from that period up to the present time.
And that suceh respective persons have during such respective periods as I verily believe from my knowledge of the property been in the free and undisputed possession and enjoyment or receipt of the rents and profits of the said pieces or parcels aforesaid.
And I have never heard of any title or claim being set up to the possession of the said pieces or parcels of land or the rents and profits thereof adverse to the said Joseph Smithin the father, Joseph Smithin the son, or Charlotte Smithin or any other of them.
And I make this solemn declaration conscientiously believing the same to be by virtue of the Statutory Declaration Action 1835.
The next problem was to deal with Sarah Smithin's loan. Eventually it was decided that Mary Smithin and Joseph Smithin (of Cleeve Prior) would act as her trustees and invest the money on her behalf the interest of which would pay for her expenses in the Asylum. On Sarah's death the estate would then be treated as though she died intestate, as Mary and Joseph had no powers to decide what happened to the capital. The interest was important to maintain Sarah and was only just enough to cover her expenses as Mary explains.
Letter from Mary Smithin to Joseph Martin, Pershore
12 Jersey Place, Cheltenham, July 18th 1891
Dear Sir,
In reply to your letter of this morning. I write to say that I agree to the deed drawn up also to the proposal that Mr Joseph Smithin should be co-Trustee with me. I will return the draft to you on Monday. With regard to the re-investment of the money when paid out, it must of course be placed somewhere on very good security and not at a lower rate of interest than it is at present, as it is only just sufficient to cover her expenses. I shall be glad of your advice on the subject. I shall be at home until the 6th August when I go away for three weeks with my Niece who can only leave home at that time. I suppose I shall see or hear from your further in a short time.
I am Sir Yours Truly
Mary Smithin
The niece may have been Kate as Isabel had died and Maud was probably in Sussex with her husband. The winding up was still going on in August 1891 as the following letter shows.
Letter from Charlotte Smithin to Joseph Martin, Pershore
The Mythe, Grosvenor St, Cheltenham 1st August 1891
Dear Mr Martin
I have been hoping to see you the last few weeks. Miss Smithin leaves home on Wednesday and I should be glad if you could have settled up my affairs as well as with her before she left.
If you can do so it will be a great relief. Hoping to hear from you by return.
I remain dear Sir Yours very Truly
C Smithin
All this time the balance was being temporarily invested by J Martin on Charlotte's behalf and she was using the interest to pay her rent at the Mythe and it looks as though at some point she decided to ask Mr Martin to invest the balance (about £1,400) on a more permanent basis in Bank shares on her behalf. It seems that Charlotte was a nervous investor.
Letter from Charlotte Smithin to Joseph Martin, Pershore
The Mythe, Grosvenor Street February 25th 1893
Dear Mr Martin
I have not received any Transfers or heard anything from the Bank so I am getting anxious as I hear that Bank shares are gone up this last week and are likely to do so. I can best hope that you did buy as you said when you wrote me on the 4th inst. You know as well as I do myself of what consequence it is to me, how I have trusted you and believed you would do the best you could for me and that I have been patient and not worried you. Please let me have a letter by return to say the shares were bought when you wrote.
I remain dear Sir Yours Truly
C Smithin
But by October it looks as though Charlotte had changed her mind and decided on a cheque for the final settlement.
Letter from Charlotte Smithin to Joseph Martin, Pershore
The Mythe October 6th 1893
Dear Mr Martin
I return the Transfers and I am indeed relieved to find that my Business will be finally settled up.
With Kind Regards I am Dear Sir Yours sincerely
C Smithin
There was even more frustrating delay in getting to a final settlement as Joseph Martin had been taken ill.
Letter from Charlotte Smithin to Joseph Martin, Pershore
The Mythe March 31st 1894
Dear Mr Martin
I am indeed sorry to hear that you have been so ill but that now that you are much better and able to return home.
Had I known that you were ill I should not have written again to worry you although I did and still do want a cheque as soon as you can send it. For now that Lady day is past the Agent will be coming for the rent. And I should be pleased to have paid it into the Bank a little time before.
Hoping you will soon be convalescent
With Kind regards Believe me Dear Mr Martin Yours sincerely
C Smithin
Everything seems to have been concluded in August 1894 - over 5 years after the initial demand for payment of the loans.
Letter from Charlotte Smithin to Joseph Martin, Pershore
The Mythe, Grosvenor Street, August 5th 1894
Dear Mr Martin
The cheque arrived quite safely this morning and I am much obliged to you for sending it. I am glad to hear that you are better. I hope you will continue to have health and soon be convalescent.
With Kind Regards Believe me dear Mr Martin Yours sincerely
C Smithin
Charlotte and her sister-in-law Mary stayed in Cheltenam and it took until 1894 before everything to do with the estate had been settled and Charlotte had a modest income to live on but there was probably very little to leave to the children when Charlotte died in 1908.
Charlotte's other sister-in-law Sarah remained in the asylum (Barnwood near Gloucester) and died there in 1903. We do not know what happend to Anne.
Hubert by about 1900 was working on the Bomford estate in Fladbury where he eventually became the Bailiff and where he met Ethel Oxley the Bomford children's governess. Hubert and Ethel were married in Salford Priors in 1903 and retired to Cleeve Prior in about 1924 or a bit later.
Joseph continued farming in Cleeve Prior until he died in 1930 and was a Parish councillor, School Govenor and Churchwarden.
We do not know much about Francis but we know he married Elizabeth and was a farmer, somewhere. Elizabeth died in Nottingham in 1948.
Sidney carried on his career in Woodcarving, married in 1899, and later lived in Oxford. His son (also Sidney) emigrated to Australia.
Kate did not marry and moved to Cheltenham with her mother. She died in Cheltenham in 1937.
We do not know what happened to Maud but she presumably stayed in Sussex with her husband and it is possible that they later emigrated to Australia.
Susan Elizabeth Herbert returned to Cheltenham and died there in 1902.
So when Charlotte and Hubert left Birlingham (with various shrubs!) in November1890 this was the end of the Smithins in Birlingham where they had been for around 250 years.