Smithin - Birlingham

This is a summary of the information we have discovered about the branch of our family who lived in Birlingham from about 1650 to 1890. They are the ancestors of all modern Smithins.

We have only included brief notes about modern members of the family.

Thomas Smissen and Margaret c.1570

Thomas and Margaret were originally from Tewkesbury and very possibly the parents of our confirmed ancestor Thomas Smithin born in about 1608. We think that Thomas is a descendant of the Smithsend family in Tewkesbury and is the grandson of William Smithsend (b.1515).

Thomas Smissen (c.1570). Androwes als Smissen or Andrews. Possibly the grandson of William Smithsend (Smyssen) of Tewkesbury. 'Alias' stands for also or alias; this does not necessarily imply an illegitimate birth as it was also used where the person wanted to show clearly that they belonged to the maternal line so, for example, they could more easily claim an interest in land or money. A Thomas Smithsend alias Andowes son of Thomas Androws butcher became a freeman of Tewkesbury in 1603. This might be Thomas.

We are reasonably certain that this Thomas is the father of Thomas Smithin (1608) because he mentions in his will his sisters Elinor, Margaret and Margery and Thomas Androwes als Smissen had three daughters with these first names even though they seem to be registered as Andrews. Also his second son George is christened Andrewes als Smizzen. Andrews seems to be a name that was attached to Smithin or Smithsend for several generations. There is also a George Andres son of Thomas Andres butcher, who became a freeman in Tewkesbury in 1625, this could be George, and he may have dropped the Smissens part of his surname after his marriage in 1621, as we think his sisters did earlier. The list of taxation for Bote Money for Tewkesbury in 1638 mentions a George Andros of Barton Street and the amount of tax was 1 shilling. A Thomas Andrews labourer age about 40 was living in church street in 1608 and a Thomas Andrews was mentioned in the Tewkesbury churchwardens' accounts in the period 1586-1587 ' ... for Thomas Androwes wifes roome 5s ... '

Thomas Smissen married Margaret in about 1595 and they possibly had seven children. George, Elinor, Elizabeth, Anne, Margaret, Margery, and Thomas. We think that they moved to Pershore in about 1608 and Thomas was born there.

The history of the Tewkesbury family (Smithsend) is described in the document 'Tewkesbury Smithsends'.

Thomas Smithin c.1610

Eleanor Andrewes (b.1596). Also spelt Elono. The daughter of Thomas and Margaret. She was christened on the 17th October 1596 in Tewkesbury. She married a Mr Glover in about 1620 and was still living in 1670 when she is mentioned in her brother's will.

George Smissons (b.1598). Als Andrewes. The son of Thomas and Margaret. He was born on the 6th August 1598 in Tewkesbury. His father is referred to as 'Andrewes als Smizzen'. George married Catherine Oliefer on the 6th May 1621 in Tewkesbury. George is not mentioned in his brother's will of 1670.

Elizabeth Androse (b.1599). The daughter of Thomas and Margaret. She was christened on the 10th February 1599 in Tewkesbury. An Elizabeth Andrews married Robert Mouten in Tewkesbury on the 29th June 1619 and this may be Elizabeth. She had possibly died by 1670 as she was not mentioned in her brother Thomas' will.

Anne Androse (b.1601). The daughter of Thomas and Margaret. She was christened on the 8th November 1601 in Tewkesbury. She was not mentioned in her brother Thomas' will.

Margery Androse (b.1604). Also spelt Margerit. The daughter of Thomas and Margaret. She was christened on the 7th August 1604 in Tewkesbury. She did not marry and perhaps was perhaps not fully competent as in his will her brother directs that her legacy is paid to her sister Margaret on her behalf.

Margaret Androse (b.1605). Also spelt Margreate. The daughter of Thomas and Margaret. She was baptized on the 15th September 1605 in Tewkesbury. She may have married a Mr Benitt.

Thomas Smithin (c.1608-1670). The son of Thomas and Margaret. A Yeoman. We think that he married Anne in about 1635 and later in about 1662, Sibila. A Hearth tax return for Birlingham dated between 1662-1670 shows that he had an average sort of house. Thomas Smythsen hath in his house three fire hearths.

Thomas made a will in 1670 and died in Birlingham in early September 1670. An inventory taken when he died shows that his estate was worth £90 3s 2d. The will was proved on the 15th September 1670 by his son Benjamin.

Will of Thomas Smithin 1670

God, doe the first day of September in the Yeare of our Lord According to the account now used in England one thousand six hundred and seventy make ordaine and declare this my last will and Testament in manner and form following..

First. I commend my soule unto God that gave it when it shall please him to take it from this frayl body and my body to the earth from whence it was taken to bee decently interred att the discretion of my Executors herein hereafter named. And as touching that Estate and earthly substance which the Lord in mercy hath <permitted> I will and dispose as followeth.

Imprimis: I give and devise unto my wife Sibila Smithen all the moveable goods that were her own before I marryed with her that now are left and twenty pounds in money upon consideration of the < > that she brought to mee and five pounds that I received towards the discharge of a bond of thirty pounds of Mr Smith in Gloucester Tanner which is < > on the backside of the bond. And allsoe all the beere and cider except the hogshead of cider and the fourth part of the cheese and also halfe the firewood and other wood now about the house and the fourth part of the Hempe that is now about the house. This is my will if soe bee that my Inventory amount to threescore and ten pounds besides what I have given to my wife otherwise, that out of what < > hath given her shee shall pay to my Executors what my Inventory wants of amounting to threescore and ten pounds I before mentioned. And allsoe I give to my wife that bond of twenty five pounds unpayed that I have of Mr Smith Tanner in Gloucester.

Item. I give to my cousen Jane Smith twelve pounds of hemp or flax whith sheevile [shovel].

Item. I give and bequeath unto my son Nathaniel 10 shillings and sixpence

Item. I give and bequeath all my wearing apparell both woolin and limsey [woollen and linen mix] amongst all my children equally to be divided except my daughter Sibila and my daughter Hester.

Item. I give and bequeath to my Sister Elenor Glover forty shillings if shee be living after my decease.

Item. I give to my Sister Margery forty shillings to bee att her owne disposal if she bee living after <my decease> and to be payed to my Sister Margarett <Benitt> to be given to my Sister Margery as she thinks best if she bee living.

Item. I give and bequeath to my sone Joseph twenty shillings if he be living after my decease.

Item. I give and bequeath unto my daughter Sibila halfe my land that I have in Birlingham after mine and my wife's decease if shee bee then living.

Item. I give and bequeath to my daughter Hester the other part of my land in Birlingham after mine and my wife's decease if shee bee then living.

Allsoe my will is that if <then> my daughter Sibila or my daughter Hester die before my selfe or my wife that then that part I dispose to my son Benjamin and if they both die before my wife and my selfe the other part amongst the rest of my children.

All the residue of my goods Chattells and Peronall Estate my debts and funerall expenses being discharged I give and bequeath unto my sone Enoch, my son Benjamin, my daughter Mary and my daughter Sibila and my daughter Hester and them I make constitute and appoynt full and joynte Executors of this my last will and Testament and my loving friends Thomas Pridye and Aaron Ward overseers to the same hereby revoking and annulling all my former and other wills and testaments and doe declare to be my last will and testament.

In Witness whereof I have hereunto putt my hand and seale the day first above written.

Signed sealed and Publyshed in the presence of Aaron Ward, Jane Smith her mark

Thomas Smeethen.

Thomas' first wife was Anne (c.1620-1662). She died on the 25th January 1662 and was buried in Birlingham. Thomas' second wife was Sibila (possibly Smith) who was living in Birlingham in 1670 and in 1674 when she is mentioned in the 'Church presentments' of the 22nd September 1674 by the Birlingham churchwardens. On these presentements Sibila appears in a list of Sectaries, that is, non-conformists and is called a 'reputed Anabaptist'. Jane Smith her husband's cousin is listed as a Sabbatarian. The churchwardens go on to say: 'Conventicles have been kept in the house of Sybil Smeeton but the Teachers names we know not'. A conventicle was an illegal religous meeting of Dissenters or Non-conformists. The Anabaptists practised the re-baptism of adults and Sabbatarians applied the rules of the Jewish Sabbath to Sunday.

Her husband's will requests that the furniture and goods that she brought to the marriage be returned to her and this perhaps suggests that it was a second marriage between an older man and a younger wife. The will also refers to a 'bond with Mr Smith' which may refer to Sibila's father.

Inventory of Thomas Smithin 1670

The goods < > and chattels of Thomas Smithin late of Birlingham in the County and diocese of Worcester, deceased. Taken and appraised the thirteenth day of September 1670 by Richard Mason. Thomas Taylor, Thomas Priddy and Aaron Ward as followeth viz.

Imprimis. The <feoedents> wearing apparrell and money in his purse £10 - 00 - 00 Item. Eight <beasts> and two calves £11 - 00 - 00 Item. Corne in the Barne of all sorts £23 - 16 - 00 Item. Two Geldings and one mare £09 - 00 - 00 Item. For five piggs £01 - 13 - 01 Item. For two payres of < > two dung carts and two <long> carts £03 - 00 - 00 Item. For wood about the house £01 - 00 - 00 Item. For the Hay £03 - 00 - 00 Item For four payre of geares, one plow, one payre of harrowes and three pannells £01 - 00 - 00 Item. For the plow timber and Bills, Pitchforks, one table board two < redgers>, one churne, two redgers. < > potte two bottles and other utensyills in the Cowhouse £01 - 10 - 00 Item. The Corne in the house of all kinds £09 - 00 - 00 Item. In the Kitchen. One brasse pott, two Caldrons, one warming pan five dishes of pewter, one salt, one <pouringe>, two saucers one frying pan, one payre of gridirons, one spitt £02 - 00 - 00 Item. Fifty seven cheeses in the house £02 - 06 - 08 Item. In the Kitchen more cheeses and one hogshead £00 - 07 - 00 Item. In the Day House one kneading trough £00 - 01 - 00 Item. In the Parlour fourteen books £01 - 01 - 00 Item. One joyned bedstead and five hogsheads one being full of Cyder £02 - 00 - 00 Item. In the Chamber over the Parlour, one joyned bedstead and one joyned chest £01 - 04 - 00 Item. In the <toploft> two bedsteads and one coffer £03 - 00 - 00 Item. In the corner chamber, two flock bedds, five bolsters, two pillows five payre of sheets, two table cloths, three blanketts, one Coverlet one Canvas, one sett of Curtaines and vallens, two napkins and one pillowcase £03 - 00 - 00 Item. < > some drest and some in the Rough £00 - 03 - 00 Item. For four baggs and one < > £00 - 01 - 00 Item. For things omitted and not mentioned £00 - 02 - 00 Summa Totalis £90 - 03 - 02 < >

The family moves to Pershore c. 1650

In about 1635 or earlier the family moved to Pershore all the children were christened there and by 1660 they had moved three miles further south to Birlingham.

Nathaniel Smithin (1636-1684). Also spelt Smeton. The son of Thomas and Ann. He was christened at Pershore Holy Cross on the 7th January 1636. He is mentioned in a church report for Birlingham of the 1st July 1684. 'Likewise we present Nathaniel Smiton & William Godsaw for refusing to come to church'. He was reported by the churchwardens Thomas Pridde and his brother Benjamin Smithen!

Nathaniel made a will on August 13th just before he died and was buried in Birlingham on the 23rd August 1684. His will does not mention a wife or children so it looks as though he was not married; he also mentions a brother in law William Peart who was also a witness. William Godsaw, his friend, was a Witness. William was the father of Ann Godsaw who married Nathaniel's nephew Joseph. Nathaniel left his house and land jointly to his brother Joseph and his nephew Thomas.

Will of Nathaniel Smithin 1684

In the name of God Amen. I Nathanniell Smithin of Birlingham being sick and weak in body make this my last will and testament in manner and form following.

Imprimis: I do give up my soule to God hoping through the merritts and passion of my Saviour Jesus Christ to be raised into heaven. And my body to the earth in the hope of the power of Christ my Saviour to have a joyful resurrection. And as for my earthly estate I dispose as followeth.

First of all I doe give to my brother Joseph Smithin and Thomas Smithin son of the said Joseph all that my houses and land that I have in Birlingham. Out of which said estate I do order my brother Joseph to pay to my Brother Peart upon the account of his fower children fower pounds apeece of good lawful money of England to be paid the five years when paid.

Item. I do < > to give to my Brother Benjamin's three children fower pounds apeece of like lawful money to be paide by my brother Joseph the next year following.

Item I give to my sister Mary twenty shillings every year is she liveth out of the said estate at Birlingham and to her fower children fower pounds apeece out of the aforesaid estate.

Item. I give to my brother Joseph's two daughters five pounds apeece out of the same estate. Notwithstanding my desire if that my Brother shall pay < > give first that he shall pay every year fower pounds till finished.

Item. I give to my Brother Benjamin tenn pounds.

Item. I give to my sister Mary tenn pounds.

The which sums I doe order my Brother Joseph Smithin to pay whom I have appoynted whole Executor and at whose discretion I leave the and do leave mangment of funerall.

Sealed with my Seale according to the date first above written and in the year of our Soveraine Lord the King <within> < >.

Sealed and acknowledged before us: Thomas Russell William Godsaw William Peart

Nathaniell Smithin (His mark)

Inventory of Nathaniel Smithin 1684

A true and < > inventory of the goods, cattel and chattles of Nathaniel Smithin late of Birlingham in the County of Worcester < > and appraised by us whose names are subscribed the twenty eighth day of August Anno Domini 1684.

Imprimis. His wearing apparrell and money in purse £8 Item. Woole 22s 1d Item. Sheepe £8 Item. < > of all sorts £3 10s 1d Item. One coffer and other severall things in <lumber> not < > 1s 8d Item. Money due owing to the bonds upon < > and with < > £36 1s Summa Totalis £52 1s 10d

Thomas Greenwood, Thomas Kings, George < >, James <Checkits> His mark

Joseph Smithin (1639-1718). Also spelt Smythen. The son of Thomas and Ann. He was christened on the 3rd November 1639 at Pershore Holy Cross and probably married Anne in about 1665. He describes himself as a Yeoman when he made a will in 1706 and an inventory taken when he died shows that his estate was worth £168-10 shillings. He left 5 shillings to each of his children and his five grandchildren. Joseph was buried in Birlingham on the 20th August 1718. In 1949 there was a headstone near the church on which the name Smithin could just be read, this may be Joseph's. The will was proved on the 13th September 1718.

Will of Joseph Smithin 1706

In the name of God Amen. The twenty second day of May in the Year of our Lord one thousand seven hundred and six, and in the fifth year of the reign of our Sovereign Lady Anne by the Grace of God Queen of England Scotland France and Ireland, defender of the Faith. I Joseph Smithen of Birlingham in the County of Worcester, Yeoman do make and appoint my last will and testament in manner and form following, that is to say:

First and principally I recommend my soul into the hands of God my creator hoping to be saved by the merits of Jesus Christ my Saviour; and my body to the earth to be decently buryed at the discretion of my Executrix herein after named in sure and certain hope of a joyful resurrection at the last day. And as for those worldly goods which it hath pleased God to bless me with, I order and dispose as following.

I give unto my only son Thomas Smithen the sum of five shillings, and also one bed, bolster, bedstead, curtains, and all things unto the said bed belonging; which bed he shall liberly so make choice of according to his discretion allowing only my Executrix first to make choice of one which according to her discretion she shall think fit and best.

I give unto my daughter Anne Palmer the sum of five shillings.

I give unto my daugther Elisabeth Lunn the like sum of five shillings.

And likewise unto my five Grandchildren the sums of five shillings apiece.

And as for all my worldly goods, Chattels, Cattle, Stock & Tools in my shop, and other movables whatsoever I give and bequeath them unto my beloved Anne whom I hereby constitute and appoint my Sole Executrix of this my last will and testament. Provided nevertheless, and my will and intent is that if my Executrix herein before named shall at any time after my decease become marryed to another man, that then she shall within three months after such marriage is solemnized pay over and above the sums above named, the several sums hereinafter mentioned. That is to say the sum of ten pounds unto my said son Thomas Smithen, likewise the sum of ten pounds unto my said daughter Ann Palmer, likewise the sum of fifteen pounds unto my said daughter Elizabeth Lunn, likewise the sums of one pound apiece unto as many of my Grandchildren as shall then be living, whether of those that are already born, or those that may be hereafter born unto my son or daughters.

In Witness whereof I have hereunto set my hand and seal (this being first underlined, in the first line, fourteenth, fifteenth, and twenty sixth) the day and year above written.

Joseph Smithin Signed sealed and published in the presence of us

George Bascheleor, Benjamin Smithin (his mark), Joseph Severn

An inventory was also taken in 1718.

Inventory of Joseph Smithin 1718

A true and just inventory of all goods, chattels, and cattel of Joseph Smithin late of Birlingham deceased taken on the 29th day of August 1718 by Samuel Palmer and Benjamin Smithin.

< > Wearing apparel and money in purse £5 - 0 - 0 One bed and bolster and blankets and all thereto belonging in the lower chamber £2 - 1 - 0 A clock, 2 tables, and six chairs in the hall £2 - 2 - 6 One bed and all that belongs to it a chest and chairs in the new chamber £3 - 5 - 0 One bed and all that belongs to it and a <press> cupboard in room over the hall £2 - 10 - 0 Over the kitchen 2 beds and all that belongs to them £1 - 14 - 0 Over the brewhouse 1 bed and all that belongs to it £0 - 15 - 0 1 pair of sheets, 4 table cloths, 1 dozen napkins £2 - 10 - 0 In the cheese chamber, cheese to the value of £4 - 2 - 0 In the brewhouse 2 furnaces and other instruments for brewing £2 - 2 - 6 In the dayry house a cheese press and other necessarys for dairy £0 - 19 - 0 In the kitchen one table, one dripping pann 2 spitts with Brass and Pewter £2 - 0 - 6 In the buttery barrels and other lumber £2 - 2 - 6 5 horses and 4 colts £27 - 0 - 0 13 cows and 8 heifers £35 - 5 - 0 50 sheep and 10 piggs £9 - 18 - 0 A waggon, 2 carts, plows & harrows £10 - 0 - 0 5 pairs of gloves £2 - 0 - 0 Spades, sheafpikes, and baggs £0 - 7 - 0 Wheat, barley, <peas>, and < > £42 - 2 - 0 Hay £8 - 0 - 0 Tools in the Shopp £3 - 0 - 0 £168 - 10 - 0

Joseph's wife Anne (d.1722) made a will in 1718. She left 10 shillings to each of her six grandchildren by her daughters Ann and Elizabeth and Twenty pounds to her grandson Joseph. She made her son Thomas the sole executor. On the 6th of December 1722 after she died an inventory shows that the value of her estate was £138-2 shillings. The inventory was made by Samuel Palmer and Robert Lunn her sons-in-law.

Will of Ann Smithin 1718

In the name of God Amen. I Ann Smithin of the Parish of Birlingham in the County of Worcester Widow, being aged but of sound mind and memory thanks be to God, do this 8th day of October Anno Domini 1718 make and appoint my last will and testament in maner following < >.

I commend my soul into the hands of Almighty God my creator, hoping to be saved through the meritts of Jesus Christ my saviour, and my body to the earth to be decently buryed att the discretion of my executor herein after named. And as for my worldly goods with which it hath pleased Almighty God to bless me, I give as followeth

Unto my daughter Ann Palmer the sum of one pound. Item unto my daughter Elizabeth Lunn the like sum of one pound. Item unto the three children of my daughter Ann Palmer the sum of 10 shillings each. Item unto the three children of my daughter Elizabeth Lunn the sum of 10 shilings each. Item I give unto my Grandson Joseph Smithin the sum of 20 pounds to be payable to him when he shall attain unto the age of 21 years, if my son Thomas shall be before dead and my daughter in law Ann Smithin marryed again.

Lastly I appoint my only son Thomas Smithin sole executor of this my last will and testament. In Witness whereof I have hereunto sett my hand and seal the day and year above written.

Signed sealed published and declared in the presence of Jos. Severn, Ric. Severn, Eliz. Severn Junr.

Ann Smithin X

Inventory of Ann Smithin 1722

A true and perfect Inventory of all the money, goods, chattels, and cattel of Ann Smithin of Birlingham Widow lately deceased.

< > Wearing apparel and ready money £5 - 0 - 0 Item. The furniture and goods of the house £24 - 15 - 0 Item. Five horses or mares and two colts £25 - 2 - 0 Item. Nine cows and three heifers £23 - 0 - 0 Item. Sheep £1 - 15 - 0 Item. Piggs £2 - 5 - 0 Item. A wagon and two carts £8 - 4 - 0 Item. Grain in the barn £42 - 1 - 0 Item. Hay £6 - 0 - 0 £138 - 2 - 0

John Smitton (b.1640). The son of Thomas and Ann. He was christened at Pershore Holy Cross in 1640. He may have died before 1670 because he is not mentioned in his father's will.

Mary Smithin (b.1641). Also spelt Smithson. The daughter of Thomas and Ann. She married Thomas Godsaw (b.1635) of Red Marley D'Abitot, Gloucestershire, in Birlingham in 1663 (either on the 8th June or the 4th December). They had at least four children who were all alive in 1684 as they are mentioned in her brother Nathaniel's will but we do not know their names. Thomas was the uncle of Ann Godsaw who married Thomas Smithin. Nathaniel left her ten pounds in his will.

Benjamin Smithin (c.1645-1724). Also spelt Smithsend. The son of Thomas and Ann. He married Elizabeth Tribble in Birlingham on the 4th June 1673 (or possibly 1675); the marriage was by banns. He was a churchwarden in Birlingham in 1698, 1699, and 1700.

Full details of Benjamin and Elizabeth and their descendants are given in the document: Smithins of Severn Stoke.

Samuel Smithin (d.1665). The son of Thomas and Anne. He was buried in Birlingham on the 29th September 1665.

Enoch Smiton (d.1681). The son of Thomas and Anne. He was buried in Birlingham on the 23rd October 1681.

Samanthe / Hanna Smithin (d.1660). The daughter of Thomas and Anne. She was buried in Birlingham on the 19th February 1660/1. From the register it is not clear whether Samanthe and Hanna are the same person or not as both were buried on the same date.

Sibila Smithin (c.1662). The daughter of Thomas and Sibila. Thomas' will makes special provision for Sibila and Hester which suggests that they are the young children of his second marriage to Sibila. We are assuming that Sibila is the oldest as she is mentioned first in the will. She married William Peart at Pershore St Andrews in about 1679. They had four children William (b.1679), Hester (b.1680), John (b.1682), and Richard (b.1683) all born in Pershore. Sibila was William Peart's second wife and we think that she had died by 1684.

William Peart (1654-1719) was born on the 4th of October 1654 and his father was Thomas Peart (c.1625). We think that William married five times including Anne in about 1676, Sibila in about 1679, and finally to Mary after 1684. His other children (not by Sibila) were Thomas (b.1677) and Edward (b.1686). His will was proved in 1720 but he does not mention any Smithin relatives. He says at one point: 'I give to my son Edward if he refrains from being a soldier, 1 guinea!.

Hester Smithin (c.1663). The daughter of Thomas and Sibila.

The children of Joseph Smithin and Anne c.1670

Joseph and Anne had three children - the Smithin name continued with their only son Thomas.

Anne Smithin (1666-1739). Also spelt Smythen. The daughter of Joseph and Anne. She was christened on the 8th April 1666 at White Ladies Aston. She married Samuel Palmer (1671-1732) on the 22nd June 1690 in Birlingham and they had three children all born at Birlingham: Anne (b.1692), Samuel (b.1695), and possibly Hannah (d.1767). Anne died on the 21st February 1739 aged 73 and is buried in Birlingham next to her husband. We think that Samuel's parents were Samuel Palmer (b.1642) and Mary Green of Areley and they married in about 1670. His father was a churchwarden at Birlingham in 1692 whose name is still inscribed on one of the five church bells: 'Francis Bahrhlew, Samuel Palmer churchwardens, William Bagley made mee 1692'. Samuel died on the 25th April 1732 aged 62 and is buried in Birlingham.

Elizabeth Smithin (b.1667). Also spelt Smithen. The daughter of Joseph and Anne. She was christened on the 10th November 1667 at White Ladies Aston. She married Robert Lunn on the 25th May 1698 at Defford. They had three children all born at Defford. Robert (b.1700), Elinour (b.1703) and Elizabeth (b.1707). Her husband was Robert Lunn (b.1667). 'Lun' is another spelling of his name. We think that his father may have been George Lunne who was a Churchwarden at Birlingham in 1695 and whose name is inscribed on one of the bells. 'George Lunne and John Cubberley Churchwardens 1685'

Thomas Smithin (1670-1732). Also spelt Smithon. The son of Joseph and Anne. He was christened on the 29th January 1670 at White Ladies Aston. He signed the Burial register as Churchwarden at Birlingham in 1710. He married Anne Godsaw in 1712 and he was described as a husbandman. He bought some land in Birlingham from a Mr Roberts on the 9th March 1722 and is described as a Yeoman. His second marriage when he was 59! was to Esther Tayler from Eckington in 1729 at Wyre Piddle and by this time he was a Blacksmith at Birlingham. Their young son Thomas was drowned in 1746.

An inventory taken when Thomas died in 1732 shows the value of his estate as £202-10 shillings.Thomas died on the 28th September 1732 in Birlingham.

Inventory of Thomas Smithin 1732

A True and Perfect Inventory of all and Singular the Goods Chattels and <Credits> of Thomas Smithin late of Birlingham in the County and Diocese of Worcester taken and appraised by we whose hands are hereunto subscribed. £ s d Imprimis. Wearing Apparrell and Money in Purse 5 - 00 - 0 Item. In the Kitchen 14 Dishes of Pewter and 20 plates 0 - 12 - 0 One sack, 2 spitts, 3 pairs of fire tonges two fire shovels, 2 gridirons, 2 pair of fire <sticks>, one frying pan, one < > dish handiron and dripping pan, one steel, with many other little things about the fire place 1 - 00 - 0 One basen and flaggon, 2 Candlesticks and one Tinpan 0 - 03 - 0 Books, one table, joined stools and chairs one Rack with Trenchers and a cupboard 0 - 16 - 0 In the Hall. A clock, Looking Glass, 2 tables, one pair of < > six chairs and < > with other little things 2 - 07 - 0 In the Parlour, one pair of bedsheets with Curtains and Vallens, One bed and bolster, 3 blankettes, an old set of Curtains, 2 coffers, two boxes, a table and other little matters 2 - 16 - 0 In the Buttery. 4 hogs of cyder and < > two other Barrells empty 4 - 10 - 0 In the Dairy, a Cheese press and Barrells, Churn, bowls and Milk pans, sheets, cheese < >, Bottles and many other things 3 - 00 - 0 In the Brewhouse. Two <furnaces>, Bottles, one Gries pan, a pot, and other little things 3 - 15 -00 In the Bedroom. A pair of bedsteads, a bed, 2 bolsters, a pillow, 2 blankettes one set of Curtains and Vallens, 2 pairs good sheets, a dozen and a half of Napkins, a cupboard cloth, 2 tablecloths, a chest, a trunk, two boxes one little table, 5 chairs and other little things 7 - 08 - 6 In the Cheese Chamber. 96 Cheeses and Cheese shelves, one Table, corn and apples and other things 6 - 16 - 0 In the room over the Hall. A pair of bedsteads and beds, two bolsters, 2 pillows, 2 blankettes, seven pair of sheets, 7 table cloths, one odd sheet one hanging press, two boxes, a close stool, one trunk and two coffers 6 - 12 - 0 Over the Kitchen and Buttery. Two pair of bedsteads, two beds, bolsters, pillows, blankettes and other things in the < > and other lumber, with wheat and < >, one coffer and the stairhead 11 - 02 - 0 Seven Barrells, one <bowl> and two tubs 1 - 10 - 0 Two Horses and Mares 26 - 06 - 0 10 Cows, 3 Heifers, 4 yearlings 45 - 00 - 0 One Waggon, 2 Tumbrils, 2 plows one pair of Harrows, Geares, Saddle, pannells, cord, ropes and leather 19 - 00 - 0 Pigs 4 - 00 - 0 < > Sheep and Lambs 3 - 00 - 10 Wood, poles, Boards <axels> and other plow timber, a saddle and 4 <saddlecloths> 4 - 00 - 0 Two <fanns>, < > 1 - 01 -0 One pair of scales and weights < > 4 - 05 - 0 Horse troughs, Pigs Troughs, < >, bogers, and < > for the horses 1 - 07 -0 Shop tools and things in the Shop 5 - 05 - 0 Wheat in the barn and in the Rick 10 - 00 - 0 Barely in the barn 17 - 15 - 0 < > in the Barns 15 - 00 - 0 Hay 14 - 00 - 0 A long cart and other things omitted 0 -10 - 0 202 - 10 - 0

Thomas' first wife was Anne Godsaw (1674-1725) who was born in Birlingham on the 26th January 1674 and married Thomas in Birlingham on the 21st April 1712. She had a brother William (b.1676) and sister Sarah (b.1673). Her father was William (1641-1691) and her mother was Anne George (d.1676); they were married on the 18th July 1672. William Godsaw signed as churchwarden in Birlingham in 1679. Anne's grandfather was Thomas Godsaw (c.1615) and her uncle was another Thomas Godsaw (b.1635) who married Mary Smithin. Her other grandfather was John George (c.1590). The George's were quite well off as they are described as having 7 fire hearths on the Tax rolls dated between 1662-1670. Anne died in 1725 and was buried on the 25th May 1725 in Birlingham.

Thomas' second wife was Esther Tayler (b.1695). Also known as Hester. She married Thomas on the 7th June 1729 at the age of 34. She was described on the Marriage licence as a 'Maiden at her own disposal' so both of her parents had died by the time she married Thomas. She came from Eckington and was still living in 1746.

The children of Thomas Smithin c. 1730

Thomas had a son Joseph by his first wife Ann and a son Thomas by his second wife Esther.

Joseph Smithin (1713-1785). The son of Thomas and Anne. He was baptised on the 25th May 1713 in Birlingham. He married twice; to Sarah in about 1735 and then to his second cousin Mary Smithin on the 15th September 1760 in Birlingham.

He gradually expanded the Smithin holdings in Birlingham. In 1740 he bought some land called 'Nest Croft' and in 1744 and 1747 he bought some more land from Thomas Harris and George Bayliss. From 1776 Joseph held a some land and cottages in Trust in Birlingham. A map of Birlingham of 1774 shows three large areas of land belonging to Joseph Smithin and two or three small strips nearer the village are also labelled with his name including Withey Walk which was still part of the Smithin estate in 1890.

Later Joseph was the High Constable for the Upper Division Pershore and is mentioned in two cases at the Worcester Quarter sessions. At one point the High Constables themselves were also in trouble.

George Richards, William Browning, William Greaves, Joseph Roe, Joseph Smithin, William Yarnanton, Francis Holland,Thomas Heakes, James Horniblow, George Winton, Richard Wilkes, High Constables of the several divisions in this County for neglecting to levy the penalty of five pounds per man in lieu of every private militiaman directed to be raised in this County by the several Acts of Parliament now in force. Ordered that the High Constables do show cause why they shoud not stand committed for the offence aforesaid. Constables heard by John Thorneloe, Gentleman their advocate, and Mr Cox as Counsel for the Solicitor of the Treasury in support of the motion. The Court do adjudge that the said High Constables have shewn significant cause to this court why they should not stand committed.

Joseph made a will in 1780 and he appointed William Claridge and his nephew Benjamin Smithin of Severn Stoke as Executors and Trustees as his son Joseph was not yet 21.

Will of Joseph Smithin 1780

I Joseph Smithin of Birlingham in the County of Worcester, Gentleman do make publish and declare this my last Will and Testament in Manner and form following (that is to say) I give and devise unto my good friends William Claridge of Birlingham aforesaid Gentleman and Benjamin Smithin of Severn Stoke in the said County of Worcester, Gentleman. All my lands, Tenements and Hereditaments whatsoever situate and being at Birlingham aforesaid or elsewhere. To hold unto the said William Claridge and Benjamin Smithin and their heirs To For and upon the several Uses Trusts Intents and Purposes hereinafter mentioned expressed and declared of and concerning the same (that is to say):

Upon Trust that they the said William Claridge and Benjamin Smithin or the Survivor of them or the Heirs of such Survivors do and shall out of the Rents Issues and Profits of my said Lands Tenements and Hereditaments devised to them as aforesaid raise on Annuity or clear Yearly Sum of Four pounds of Lawful Money of Great Britain and pay the same by four quarterly payments in the Year unto my Wife Mary for and during the term of her natural life in Case she shall so long continue my Widow but not otherwise, the first payment thereof to be made within three months next after my Decease; and in Case my said Wife shall not think it proper to reside and live with my Son Joseph that then they the said William Claridge and Benjamin Smithin or the Survivors of them or the Heirs of such Survivors do and shall out of the Rents Issues and Profits of my said Lands Tenemnets and Hereditaments devised to them as aforesaid raise one Annuity or clear Yearly Sum of Ten Pounds and pay the same in like manner as the said Four pounds is above directed to be paid, unto my said Wife for and during the Term of her Natural Life and in Case she shall so long continue my Widow but not otherwise.

And I do hereby give unto my said Wife full power and Authority in Case the said Annuity which shall be payable to her as aforesaid or any part thereof shall be behind or unpaid by the space of Twenty One days next after either of the said Days or Times of Payment thereof, to enter into and Upon the said Lands, Tenements and Hereditaments devised as aforesaid or any part thereof from time to time as often as the same shall happen and distrain and the Distress and Distresses then and there found to appraise and sell as the law directs in Cases of Distress for Rent and out of the Money to arise by such sale to satisfy the same Annuity and the Arrears thereof together with all Costs and Charges attending such Distress.

And upon further Trust that the said William Claridge and Benjamin Smithin of the Survivors of them of the heirs of such Survivors do and shall from and immediately after my said Son Joseph shall have Attained his Age of Twenty One Years and at his Request by Good and Sufficient Conveyances in the Law, Grant release and convey all my said Lands Tenements and Hereditaments devised to them as aforesaid unto him my said Son Joseph his Heirs and Assigns for ever or unto such other Uses and in such other manner as he shall direct, Subject to the payment of the same Annuity as shall be payable to my sadi Wife as aforesaid. And in Case my said Son Joseph shall happen to die before he shall have attained the said Age of Twenty One years then my Will is and I do declare that the said William Claridge and Benjamin Smithin and their Heirs shall stand and be seized of all my said Lands, Tenements and Hereditaments devised to them as aforesaid to the Uses hereinafter mentioned (that is to say) to the Use of my said Wife for and during the term of her Natural and from and immediately after her Decease to the Use of my own right Heirs for ever.

I give and bequeath unto my said Wife during such time as she shall be my Widow the use of such one fourth part of my Household Goods and Furniture (Except my Plate) as my Executors hereinafter named shall think proper for her. I Give and Bequeath unto my Daughter Ann (Wife of John Rock of Cleeve Prior) three Guineas to be paid to her within Six Months next after my Decease.

I give and bequeath unto the said William Claridge and Benjamin Smithin their Executors and Administrators All my Stock of Cattle, Corn, Grain Implements of Husbandry Goods Chattels and other my Personal Estate not herein before by me disposed of To hold them upon Trust that they my said Trustees and the Survivor of them his Executors or Administrators do and shall pay and apply such part thereof as they shall think proper unto and to and for the Use of my said Son Joseph until he shall have attained the his said Age of Twenty One Years and from and immediately after he shall have attained such Age, Then I give and bequeath the same to him to be at his own Disposal Provided and I do declare that the said William Claridge and Benjamin Smithin their Heirs Executors or Administrators shall not be answerable or accountable for any loss in placing out a Interest any Money the may receive under this my Will or in any other Act Deed or Transaction in and about the Performance the Trusts hereby in them reposed without their Wilful Neglect or Default nor one of them for the other of them and that it shall and may be lawful to and for the said William Claridge and Benjamin Smithin their Heirs Executors and Administrators respectively to retain in their hands and reimburse themselves out of my said Personal Estate or out of the Rents and Profits of my said Lands, Tenements or Hereditaments devised to them as aforesaid all reasonable Costs Charges and Expenses which they may respectively pay or expend in or about the Execution of the Trusts hereby in them reposed.

And lastly I do nominate constitute and appoint the said William Claridge and Benjamin Smithin joint Executors of my Last Will and Testament. In Witness whereof I have to this my last Will and Testament contained in this and and the preceeding sheet of paper set my Hand and Seal (to wit) my Hand at the bottom of the said preceeding sheet and my Hand and Seal to this last Sheet of Paper the Nineteenth Day of December in the Year of our Lord One Thousand Seven Hundred and Eighty

Joseph Smithin

Signed Sealed Published and Declared by the said Testator Joseph Smithin as and for his last Will and Testament in the presence of us who in his Sight and at His Request and in the Presence of Each other have subscribed our Names as Witnesses.

John Drury, John Bidford, William <Whittell>

Joseph died on 30th July 1785. There is a footstone marked 'J.S' for him in Birlingham but no headstone.

Joseph married Sarah (1713-1753) in about 1735 and it looks as though she died as a result of childbirth on the 5th of June 1753 and is buried in Birlingham, aged 39. 'Here lieth the body of Sarah wife of Joseph Smithin. She departed this life June 5th 1753 aged 39 years.'

Joseph's second wife was Mary Smithin (1732-1823) his second cousin. They were married on the 15th September 1760 and her son Joseph was christened on the 8th January 1761. She was buried in Birlingham on the 4th November 1821, aged 89. We think that she is buried next to her husband as there is a footstone next to his labelled 'M.S'.

Thomas Smithin (1731-1746). The son of Thomas and Esther. He was baptised in Birlingham on the 9th July 1731. He drowned whilst skating on Pirton Pool (a small lake near Pirton) on the 16th February 1746. He is mentioned in a book on Worcestershire churchyards because of the memorable verse on his headstone in Birlingham.

As I on Pirton Pool did rashly slide The brittle ice gave way I sunk and dyed In vain the sad spectator strove to save Me from my fate and this untimely grave But now I rest in hope always to sing Celestial Anthems to my God and King

You could still read the inscription clearly in 1996. An inspiration for our family history and the great, great, great, great half uncle of Diana, John, Tim, and Charlotte Smithin.

Joseph Smithin and Margaret (c.1760)

Joseph Smithin (1761-1807). The son of Joseph and Mary. He was baptised in Birlingham on the 8th January 1761. He married Margaret Rickets (1736-1836) by licence (she was under 21) on the 28th May 1788. He was involved in buying some land and property in Birlingham with a Mr Manley in 1796 and with William Manley and Joseph Horsman in 1798. Joseph died on the 19th November 1807, aged 46, and was buried at Birlingham on the 23rd November 1807. His headstone is next to that of his father's first wife Sarah. In memory of Joseph Smithin. He died on the 19th day of Novr. 1807 aged 46 years.

Oath of Joseph Smithin (1788)

Appeared Personally Joseph Smithin of the Parish of Birlingham in the County and Diocese of Worcester, Yeoman. And being Sworn upon the Holy Evangelists alleged and made Oath as follows. That he is of the Age of twenty three Years and upwards, a Batchelor and intends to Marry Margaret Rickets of the Parish of Birlingham aforesaid aged twenty years and upwards a Spinster, with the Consent of Richard Jenkins and John Drew Guardians of the said Margarets Rickets duly appointed by the Will of the late John Rickets her father deceased. Not knowing or believing any lawful Let or Impediment, by reason of any Pre Contract, Consanguinity, Affinity, or any other Cause whatsoever to hinder the said intended Marriage, and he prayed a Licence to solemnize the same in the Parish Church of Birlingham aforesaid, in which Parish the said Joseph Smithin further made Oath that he had his usual abode for the space of four Weeks last past. Joseph Smithin

Also appeared personally the above named Richard Jenkins and made Oath that he together with the above named John Drew are the Testamentory Guardians of the said Margaret Rickets duly appointed by the Will of the John Rickets her late Father deceased, and that they are both consenting to the above mentioned intended Marriage of the said Margaret Rickets with the above named Joseph Smithin. Richard Jenkins

Let a Licence pass as prayed the said Joseph Smithin and Richard Jenkins being first sworn before me R Baty, Surrogate.

Margaret's father was John Rickets a miller at Birlingham and her mother was possibly Mary Hunt of Wyre Piddle. Both her parents had died by the time she was married in 1788. She was buried at Birlingham on the 31st May 1836, aged 68.

Joseph had a half sister Ann who was the daughter of their father's first wife Sarah.

Ann Smithin (1753-1814). The daughter of Joseph and Sarah. She married John Rock of Cleeve Prior on the 6th January 1771 at Norton and Lenchwick. Her father left her 3 guineas in his will. Ann died on the 30th July 1814, aged 61, and is buried at St Andrew's Cleeve Prior.

Ann's husband John Rock (1746-1828) was born in about 1746. John and Ann had at least one son John Rock christened on 19th June 1781 at Cleeve Prior. In 1883 Joseph Smithin rented a farm in Cleeve Prior which had previously belonged to the Rock family (there are several Rocks in Cleeve Prior). This may have been the farm owned by John and Ann.In about 1850 the farm was owned by a Mrs C Rock and Miss C Rock and then it passed to the Lunn family who were relatives of the Rocks. John Rock died on the 2nd Februrary 1828 aged 82 and is buried at Cleeve Prior next to his wife.

Children of Joseph and Margaret c.1790

Joseph and Anne had four sons; the two eldest Joseph and Benjamin are the ancestors of all the modern Smithins.

Joseph Smithin (1789-1851). The eldest son of Joseph and Margaret. He was baptised in Birlingham on the 28th December 1789. He was a Yeoman and later a farmer at Land End, Birlingham. He married Ann Proctor in Pirton on the 26th December 1825. The property and lands in Birlingham were further extended by Joseph who was involved in several purchases. In July 1816 he and Joseph Horsman exchanged some lands with Thomas Chinnall Porter in Birlingham. It says that Joseph received the better lands (Stock hill field and Hawkes Meadow) in the exchange and also paid £150 as part of the deal. In May 1828 he also bought the land where Avonside was built and in June 1838 was involved in deals for Clarke's orchard in Birlingham with William Palmer Knight and others and in 1829 for some cottages in Birlingham.

On the 30th December 1848 Joseph (or possibly his son) bought some freehold premises and land in Birlingham from a Mr George Noakes and Mrs Noakes. This land lies in two lots next to the large field that Joseph owned to the South of the church.

Joseph was also involved in salt manufacture in the Droitwich as in 1843 he sub-let a brine pit and salt works.

Lease to Sarah George for one year of All those salt works situate in that part of the parish of Dodderhill which lies in the Borough of Droitwich, called Inliberties, comprising a spacious stove two pan houses two sheds with yard and other conveniences - heretofore in possession of John Lees but now in the occupation of John Bradley.

Dodderhills is the area to the north of Droitwich where the Chateau Impney (1880) now stands and there is a 'Brine pits farm' a little further north.

At the 1851 census Joseph was farming 130 acres in Birlingham at Land End farm and there were six farm workers. All five children were living at home and the eldest Joseph was about 21. At his death an Inventory was taken of Joseph's goods and the farm house was clearly 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 was drawn up in June 1850 and was proved on the 12th 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) is Joseph's nephew; the son of his younger brother Benjamin (1791-1861) who farmed at Sheriff's Lench.

Will of Joseph Smithin 1850

This is the last will and testament of me Joseph Smithin of Birlingham in the County of Worcester, farmer. I give and devise all and singular my messuages cottages lands tenements and Hereditaments situate at Birlingham aforesaid with their appurtenances and all and singular other my real estate whatsoever and wheresoever situate (except such estates as are or at the time of my decease shall be vested in me in trust of by way of Mortgage) unto and to the use of my son Joseph Smithin his heirs, executors administrators and assigns according to the different 'natures' and legal qualities of thereof respectively for his and their absolute use and benefit.

I give and bequeath all my personal estate and effects after and subject to the payment of my just debts funeral and testamentary expenses to Benjamin Smithin the Younger of Sheriffs Lench in the County of Worcester, farmer and my said son Joseph Smithin their executors administrators and assigns upon the trusts following, that is to say, Upon Trust that my said Trustees and the survivor of them and the executors, administrators or assigns of such survivor do and shall sell and convert into money all such parts of my said Residuary personal estate as shall not consist of money.

And do and shall with and out of the money arising thereby and also with such of my personal estate as shall consist of money after payment of the costs and expenses incidental thereto, lay out and invest the same with power nevertheless to continue the same or the present securities in their or his names or name in Parliamentary stocks or public funds of Great Britain at interest upon Government or real securities in England or Wales with full power and authority to alter vary and transpose the said last mentioned stocks funds and securities of a like nature as often as they shall think advisable.

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 unto 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 premises unto between and amongst all my said daughters in equal shares and proportions as tenants in common and not as joint tenants.

And I direct that the said trust monies and premises shall be vested in each of my said four daughters upon their severally attaining the age of twenty one years. And that in case any of my said four daughters shall depart this life under the said age of twenty one years without leaving lawful issue then surviving then I direct and my will is that my said trustees or trustee shall stand possessed of the whole of the said trust monies and premises and the stocks funds and securities in or upon the same shall be invested in trust for the survivor or survivors of them my said daughters for her and their executors and administrators for her and their absolute benefit and to whom I give and bequeath the same accordingly.

I give and devise unto the said Benjamin Smithin the younger and my said son Joseph Smithin all such estates as are vested in me as a mortgagee or trustee for and being my estate and interest therein but subject to the 'equities' subsisting therein respectively at the time of my decease provided always that and I do hereby authorise and empower my said Trustees or trustee for the time being of this my will to comprise or pay allow suspend waiver and compound any debts claimed or demanded which may be owing from or to me or be claimed or made against or in behalf of my estate upon and --- legal or not as they or he shall deem just provided also and I hereby declare that my said trustees or other the trustees or trustee for the time being of this my will shall not be answerable or accountable the one for the other of them or for any person or persons with whom any part of the said trust monies shall be possessed or lodged for safe custody or otherwise in the expectation of the aforesaid trusts nor for the insufficiency or deficiency of any security or securities stocks and funds in or upon which the said trust monies or any part thereof shall be placed out or invested nor for any other insolvancy loss or damage that may happen in the execution of the aforesaid trusts and that it shall be lawful for the trustees or trustee for the time being of this my will to return to and reimburse themselves respectively and to allow to their respective cotrustees out of the monies which shall come to their or his hands by virtue thereof all losses costs charges and expenses which they or any of them may be put unto or sustain in or about the execution of the Trusts hereby in them reposed.

And I do hereby appoint the said Benjamin Smithin the Younger and the said Joseph Smithin Executors of this my will.

In Witness whereof I have to this my last will and Testament contained in this and the two preceeding sheets of paper set my hand this nineteenth day of June in the Year of our Lord One thousand eight hundred and fifity.

Signed: Joseph Smithin

Signed published and declared by the Testator Joseph Smithin as and for his last will and Testament in the presence of us who at his request in his presence and in the presence of each other and before leaving his presence have hereunto subscribed our names as Witnesses. Edwin Ball, Solictor, Pershore Thomas Watts, Clerk for Messrs Ball and Hadlin, Pershore.

Probate was granted on 12th November 1851.

Joseph died on the 1st August 1851, aged 61, and was buried next to his wife Anne, in Birlingham, on the 6th August 1851. There is an expensive flat stone marking his grave with a simple inscription. 'Joseph Smithin died August 1st MDCCCLI Aged LXI'

Joseph's wife Ann Proctor (1800-1850) was not born in Worcestershire but there are several Proctors buried at Ashton-Under-Hill which was not part of the county until 1844 so this may be where she heralds from. She was the daughter of John and Eliza Proctor. She died on the 11th February 1850, aged 49, and is buried in Birlingham next to her husand. The grave is marked by a flat stone with a simple inscription. 'Ann Wife of Joseph Smithin died February XIth MDCCCL aged XLIX years'.

Benjamin Smithin (1791-1861). The son of Joseph and Margaret. He was baptised on the 21st January 1791 in Birlingham. At the 1851 census he is a farmer of 500 acres at Wadborough House, Wadborough, employing 20 labourers. Also living at Wadborough house at that time were Elizabeth his wife, aged 55, and Kezia Harris aged 21, House servant, Esther Harris aged 16, House servant, Joseph Smith, farm labourer, and William Clark a servant. The two servants might be relatives of his son John's wife Harriet Harris.

When their father Joseph died in 1807 Benjamin was only 16 and his elder brother Joseph was about 18. We do not have their father's will but probably the estate was left to his wife Margaret (Rickets) during her life time and then passed to his sons when Margaret died in 1836. The eldest son Joseph inherited the farm in Birlingham but Benjamin must also have received a substantial inheritance as it was not long before he also owned a substantial farm. The children were christened at Stoulton so by 1820 Benjamin had already moved from Birlingham to Wadborough and was farming there. In 1860 Benjamin appears in Kelly's directory as a farmer in Sheriff's Lench.

Benjamin made a will on the 21st Feburary 1846 and died in 1861, aged 69, his death was registered at Pershore.

Will of Benjamin Smithin 21 Feb 1846

This is the last will and Testament of Benjamin Smithin of Wadborough in the Parish of Holy Cross, Pershore, in the County of Worcester. First I will and direct that all my just debts funeral expenses and the costs and charges of proving this my Will be fully paid and satisfied.

Next I give and bequeath unto my Son-in-law William Thorneloe Horniblow of the Bow Farm in the Parish of Ripple in the said County of Worcester aforesaid, and my son Benjamin Smithin of Wadborough aforesaid, Yeoman, their Executors, administrators and assigns all my ready money, securities for money, household goods and furniture, plate, china, glass, linen, live and dead farming stock, crops, implements in husbandry, debts due and owing to me, and all other the rest and residue of my personal estate and effects whatsoever upon the several Trusts and to and for the ends, intents, and purposes and subject to the powers provisions and declarations hereinafter expressed and declared concerning the same (that is to say);

Upon Trust that they the said William Thorneloe Horniblow and Benjamin Smithin the younger or the survivor of them his executors or administrators do and shall collect and comprise all debts and sums of money due and owing or belonging to me at the time of my decease and after the payment of my just debts and funeral and testamentary expenses to permit and suffer my dear wife Elizabeth Smithin and her assigns to have hold receive take use and enjoy the interest dividends and annual produce or profits of the residue of my said personal estate and effects and every part thereof respectively from and immediately after my decease for and during the term of her natural life for her and their own use and benefit And from and immediately after her decease Upon trust absolutely to sell and dispose of such portion or parts of the same as shall not consist of moeny or debts either together or in parts and by public auction or private contract as they or he in their or his discretion shall think fit and proper to any person or persons whomsoever and for such price or prices in money that can be had or obtained for the same.

And Upon Trust to pay and divide the residue of the said trust monies unto and amongst my four children the said Benjamin Smithin and Mary Horniblow the wife of the said William Thorneloe Horniblow and Joseph Smithin and John Smithin share and share alike. The share of the said Benjamin Smithin and Mary Horniblow to be paid retained assigned or transferred to them respectively as soon as conveniently may be. And the shares of the said Joseph Smithin and John Smithin to be paid assigned or transferred to them respectively at their respective ages of twenty one years provided always that if the said Joseph Smithin and John Smithin or either of them shall depart this life without leaving issue before they or he shall attain that age then the share or shares as well original as also original or surviving of him or them so dying shall from time to time go accrue and belong to the survivor or survivors of my said four children and (if more than one) equally share and share alike and if but one then to that one and the same shall be paid assigned or transferred at such respective times to the survivor or survivors of them as hereinbefore expressed touching him and their original share and shares.

And Upon futhre Trust that they my said Trustees or Trustee for the time being do and shall by and out of the interest dividends and annual produce of the respective shares of the said Joseph Smithin and John Smithin pay for their maintenance and education and support until their resepective shares shall become vested or payable, such yearly sum or sums of money as my said Trustees or Trustee shall think fit not exceeding in the whole for any one of them the interest or divdidends of the share or shares of him or them respectively of and in the said Trust promises, and do and shall improve and accumulate the residue or surplus (if any) of the interest and dividends of the same share or shares together with the principal thereof and as part of the same.

Provided also and my will is that it shall and may be lawful for my said Trustees or Trustee for the time being with the consent and approbation in writing of my said wife during her lifetime and after her decease of their or his own proper authority to pay or apply any part of the share or respective shares of my said three sons of and in the said trust monies not exceeding one moiety or half part thereof respectively for the placing or appointing him or them in or to any profession trade business or employment or otherwise for his or their benefit or advancement in the world as to my said Trustees or Trustee shall seem meet, notwithstanding his or their share or shares shall not have become vested or payable and in case the said Joseph Smithin and John Smithin shall both happen to die before their respective shares of and in the said trust promises shall have become vested interest as aforesaid then Upon Trust to pay retain or assign or transfer the respective shares of the said Joseph Smithin and John Smithin unto and between my said son Benjamin Smithin and my said daughter Mary Horniblow equallly share and share alike.

--- continues ----

We do not know much about Elizabeth (1796-1875) Benjamin's wife not even her maiden name. Her husband's will of 1846 leaves the estate to their children but upon trust that she receives the interest and benefits during her lifetime. She is mentioned in a trade directory as a resident of Stoulton in 1873. She died aged 79 and her death was registered at Pershore in the March quarter 1875. There is a memorial in the Abbey Churchyard.

In Memory of Elizabeth Smithin of Stoulton Relict of Benjamin Smithin Who died at Wadborough March 1st 1875, age 79 years

The descendents of Benjamin and Elizabeth are covered in the document: 'Smithins of Wadborough'

William Smithin (1793-1851). The second son of Joseph and Margaret. He was baptised on the 14th March 1793 in Birlingham. He may have married late in life at Pontypool in Wales in the June quarter of 1849. He was buried in Birlingham on the 21st November 1851. He and his younger brother Thomas were living in Church Street, Birlingham in 1841, when William would have been about 48. We are fairly sure that they lived in two of the three cottages that were part of the Smithin estate in Birlingham.

Thomas Smithin (1797-1843). The youngest son of Joseph and Margaret. He died on the 31st May 1843 aged 46 and was buried in Birlingham on the 3rd June 1843. He was probably not married and had no children. The verse on his headstone reads:-

Praise on tombstones doth bad ambition feed Let every man to his own way take heed For what I was and what you are The day of judgment doth declare

Children of Joseph and Ann c.1830

Joseph and Ann had five children; four daughters and one son.

Anne Smithin (b.1826). The eldest daughter of Joseph and Ann. She was baptised on the 10th September 1826 in Birlingham. She was living at home in 1851.She was probably still living in 1890 because a document of that time mentions 'Sarah's sisters' (plural) and Margery had died by 1866 so the plural can only refer to Mary and Anne. She does not appear as Smithin on the 1901 census so she may have died.

Sarah Smithin (1827-1903). The daughter of Joseph and Ann. She was baptised on the 31st December 1827 in Birlingham and was living in 1851. Her father left a large sum of money to be divided between the four daughters and 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.This came to £1,620 each; a large sum of money.

By 1873 or thereabouts Sarah had leant over £2,000 to her brother Joseph, secured against his properties, in separate transactions of £1,800 in 1859 and a further £200 in 1873. The debt was still outstanding in 1890 as Charlotte's solictior describes it.

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.

Here is the main Promisory Note which had been legally stamped.

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

By 1873 Sarah was in living in the Asylum as the promisory note at that time contains the phrase 'on her behalf' referring to Sarah. The debt was repaid in 1891 when the Smithin estate in Birlingham was sold and from that time her sister Mary and her nephew Joseph Smithin acted as trustees of the money which was invested and the interest used to maintain Sarah in the Asylum.

At the 1901 census an inmate identified as 'S S' was recorded in Barnwood House Hospital for the Insane, age 72, female, single, a lunatic, living on own means, and although the age is not exact this is probably Sarah who does not appear elsewhere on the census.

Sarah died aged 75 on the 11th October 1903. On the certificate she is descsribed as 'Of independant means of Cheltenham'. The cause of death was given as 'strangulated hernia' and the certificate was signed by the Asylum Superintendant. Administration was granted to her sister Mary and her effects were valued at £2,294 16s 2d.

Joseph Smithin (1829-1875). The only son of Joseph and Anne. He was baptised on the 9th August 1829 in Birlingham. He married Charlotte Butt in Pirton on the 26th April 1856 and he appears in Kelly's directory of 1860 as a Farmer at Birlingham. By the time of the 1871 census Joseph had become quite well off. The farm had doubled in size to 300 acres and he employed 8 men and 3 boys and they had three live in servants. The name of the farm had changed to Lower End.

By 1870 Joseph had purchased three other premises, one at Eckington, another called Merrells and another later called Avonside. In 1859 and 1870 he raised mortgages against the properties to the value of £8,000 (a large sum of money).

It is likely that Joseph had a heart attack as his death certificate in 1875 gives the cause of death as 'Debility of the heart 2 or 3 years'. He seemed to recover to some extent and be well enough to be involved in some of the business 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 was probably booked a year or two earlier.

Joseph died on the 10th August 1875 in Birlingham. Joseph was buried in Birlingham on the 14th August 1875, aged 46. The grave is to the west of Birlingham church and has a carved white headstone. The will was proved by Charlotte on the 20th October 1875 and Joseph's personal effects were valued at under £3,000.

Joseph made a will in 1872 and added a codicil at day later, both look to have prepared in quite a hurry and are fairly brief.

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.

Joseph's wife Charlotte (1824-1908) had an eventful life and had a hard time keeping the estate together after Joseph's early death. 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 1841 census is the clearest where she is described as 17 and living with her uncle at Berrow farm Martley. The census also says she was not born in Worcestershire.

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 for her use absolutely'. This was shortly before her marriage. On her marriage certifcate she says that her father is Thomas Butt of Pirton Farm. Her uncle was apparently anxious to keep the bulk of his estate within the Butt family.

I direct my Trustee or Trustees for the time being to pay the Interest Dividends and annual produce of my said residuary personal Estate and the rents and profits of my real Estate if any unto my said Niece Charlotte Butt during her life but in case the said Charlotte Butt should marry either of her Cousins the Sons of my late Brother Richard Butt of Pirton aforesaid then I direct my Trustee or Trustees for the time being upon such marriage if my said Housekeeper shall be then dead or if she shall be then living then upon her decease to pay transfer and assign and convey to my said Niece Charlotte Butt All my said residuary personal Estate and all my real Estate if any to hold to her her Heirs Executors and Administrators absolutely. But in case she should not marry either of her said Cousins then I direct that on and after her decease my said residuary personal estate and real Estate if any shall be divided among all her Children who being Sons or a Son shall attain twenty one years or being Daughters or a Daughter shall attain that age or marry in equal shares and if there shall be one Child the whole to such one Child but if my said Niece Charlotte Butt have no such Child and should not marry either of her said Cousins then I direct that on and after her decease my said residuary personal Estate and real Estate (if any) be divided among such of the Children of my said late Brother Richard Butt who shall be living at the decease of the said Charlotte Butt.

John Butt (1765-1856), Charlotte's uncle, had two brothers William (c.1770) and Richard (1772-1854). The Butts in Pirton and Peopleton are descendants of William and Richard.

Charlotte had a life long friend Susan Elizabeth Herbert who apparently went to stay with Charlotte and Joseph for one week and stayed for the rest of her life! In 1856 she was present when Joseph died and registered his death. At the 1871 census Susan is staying with them and gives her age as 40.

A Worcestershire trade directory shows Charlotte managing the farm in 1880 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.

By 1889 the Smithin estate was in a lot of debt perhaps because Joseph was probably too ambitious in expanding the farm and building a new home. By this date the value of the estate did not provide sufficient cover for the debts and the Mortgagees called in the loans for repayment. Charlotte had only been repaying the interest on the loans so there was still a large amount of money outstanding. A note from the first solicitor that Charlotte approached (A R Hudson of Pershore) 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'.

The total debt was about £12,000 a very large sum of money.

An 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. 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 in June 1890.

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.

Sale notice - continued

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.

After the sale Charlotte moved to rented accomodation at The Mythe, Grosvenor Street, Cheltenham. Her sister-in-law Mary lived a few minutes walk away at 12 Jersey Place. It took several years for all the details to be completed and for Charlotte to eventually receive a final cheque of about £1,400.

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

At the 1901 census Charlotte was living at 50 Grosvenor Street, Cheltenham (perhaps the same place as The Mythe) and is decribed as a Boarding House Keeper. The others at the address were Kate her daughter and boarders Anne Mather aged 69, Albert Edward Pullin aged 33, Ernest R Simpson, aged 32 and a servant Elsie Bowsher aged 15. Charlotte gives her age as 68 and says she was born in Hallow, Worcestershire. Charlotte died aged 78 or 84 and her death was registered in Cheltenham in the December quarter 1908.

A full description of the sale of the Smithin estate is given in the document: 'The sale of the Smithin Estate'

Margaret Smithin (1832-1866). The daughter of Joseph and Ann. She was baptised on the 23rd September 1832 and was living at home in 1851. Her death was registered at Northleach in Gloucestershire near Cheltenham but she was buried in Birlingham on the 29th May 1866, aged 34.

Mary Smithin (1835-1921). The daughter of Joseph and Ann. She was baptised on the 7th June 1835 and was living at home in 1851. She did not marry. In later life she lived at 12 Jersey Place Cheltenham and at 31 Montpelier Villas, Cheltenham.

She managed her sister Sarah's affairs when Sarah was in the County Asylum and was involved in the wind up of the Smithin Estate in 1890-1891 in dealing with the repayment of Sarah's loan to their brother Joseph.

Note or Receipt from Mary Smithin

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

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 you 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.

Letter from Mary Smithin To J Martin Esq

12 Jersey Place, March 27th 1891

Dear Sir

I acknowledge with many thanks your cheque of this morning for my sister's interest and for which I enclose you my receipt. I also send at your request copies of my late brother's notes of hand for £2,000 and I shall be glad to have the business settled when convenient.

Yours Truly

M Smithin

Letter from Mary Smithin to J Martin

12 Jersey Place, Cheltenham, March 23 1893

Dear Mr Martin

I write to say I received the Certificate of the National Provincial Bank. I have this morning also the Authority for the receipt of the Dividend Warrant which I have signed as requested although we have previously signed a form for the same purpose sent to me from the Head Office on March 6th which we sent back to the Office. I also enclose the two Promisory Notes and shall be glad to have it all settled.

Yours Truly

M Smithin

Letter from Mary Smithin to J Martin

12 Jersey Place, Cheltenham, July 10th 1891

Dear Sir

I forward a receipt for my Sisters interest received on July 3rd for which I am much obliged. Another week having passed I beg to remind you that I have not heard anything from you about the settlement of her money which you promised in your last. As it is her sole dependence it should be re-invested at once in order that her payments may be made regularly, and if there is a further delay I shall not have time to attend to it on the eve of leaving home.

Awaiting your reply

I am Sir Yours truly

M Smithin

Letter from Mary Smithin to J Martin

12 Jersey Place, Cheltenham, December 22nd 1892

Really Mr Martin you are treating me in this wretched business in a most unpardonable manner. You appoint day after day to call on me keeping me at home expecting you and yet you never put in an appearance. I have never been treated before so rudely by anyone and it will make me disinterested, how can I place any dependence upon anything you say, I expect it is impossible.

M Smithin

Note from Mary Smithin to J Martin 12 Jersey Place, August 3rd 1891

Dear Sir

Just a line to say that I am leaving home on Wednesday August 3rd and shall be away 3 weeks

Yours Truly

M Smithin

At the 1901 census Mary was boarding at 12 Jersey Place, Cheltenham. The others in the house were Philip Treeby age 70, Annie Treeby his wife aged 73 and Beatrice Cindrey a servant aged 15.

Mary dealt with the Administration of her sister Sarah's death in 1903.

Mary died aged 86 on the 25th September 1921 at the Medical Home, Royal Parade, Cheltenham. Probate was granted to Joseph Smithin (her nephew) and her effects were valued at £1,741 12s 0d. .

Children of Joseph and Charlotte c.1860

Joseph and Charlotte had seven children including two sets of twins. The modern Smithins in Australia are descended from Sidney and our branch is descended from Hubert. The name has otherwise disappeared in the other branches.

Joseph Smithin (1857-1930). The eldest son of Joseph and Charlotte. He was born on the13th August 1857 and baptised on the 7th September 1857 at Birlingham. Joseph is described as a farmer on his daughter's birth certificate. At the 1881 census, age 23, he was living at Lower End farm and presumably helping to run the farm with his mother. Joseph appears in Kelly's trade directory for 1878 as a farmer and landowner in Birlingham.

Joseph married Laura Baker at St Andrew's Pershore on the 24th January 1883 and in the same year moved to a rented farm (Top farm) in Cleeve Prior. Only a year or so after they had first moved to Cleeve Prior Joseph's and Laura's first child was born Laura (b.1884); five other children followed; Alice Maud (b.1885), Edith Margaret (b.1886), Mary (b.1887), Jospehine (b.1891) and Joseph Arthur (b.1892).

Joseph was a churchwarden at Cleeve Prior and there is a receipt dated the 28th December 1887 signed by him acknowledging the church rates on some cottages and there is a letter mentioning him dated 28th February 1886. Joseph helped his mother with the sale of the Smithin estate in 1890-1891.

At the 1901 census Joseph and Laura and their eldest daughter Laura are registered at Cleeve Prior, the address is 'Right hand Side Main St'. There are two servants Daisy K Joynes, age 17, a domestic house maid and Nellie Lewis, age 15, a domestic cook. The other children do not appear - perhaps they are all away at School but we have not found them elsewhere on the census.

Joseph was also a Govenor of Cleeve Prior school and there is a letter dated 1925 from him to the Head mistress in appreciation of her service at the school. Joseph died on the 17th April 1930, aged 73, and is buried at Cleeve Prior. His will was proved by his son Joseph Arthur and his effects were valued at £5,514 6s 11d.

Joseph's wife Laura Jane Baker (1856-1940) was christened on the 26th December 1856 at St Thomas, Portsmouth. Her parents were John and Ann Baker. She died at Highfield, Blackwell near Bromsgrove on the 24th February 1940, aged 84. Highfield was possibly a hospital for the elderly at Bromsgrove. Probate was granted to her son Joseph Arthur and William Lionel Moore. Her effects were valued at £1,276 18s. 2d. She is buried at Cleeve Prior.

Joseph and Laura and their descendents are described in a separate document 'Smithins of Cleeve Prior'.

Francis Smithin (b.1858). Francis Arthur son of Joseph and Charlotte. He was born on the 7th November 1858 and baptised on the 1st December 1858 at Birlingham. He was a farmer. We have not been able to find his death registered in England and he does not appear on the 1881 or 1901 census. He does not appear to have been involved in the sale of the estate in 1890 and is hardly mentioned but was clearly still living them. His wife was possibly Elizabeth (1861-1948) who died, aged 87, on the 11th December 1948, at Portland Road, Selston, Kirkby, Nottingham. Her death was notified by her niece E M Barnet.

Isabel Smithin (1860-1884). Isabel Charlotte. The daughter of Joseph and Charlotte. She was born on the 3rd of June 1860 and baptised on the 2nd July 1860 at Birlingham. In July 1877 her cousin Theodore Frederick Butt of Pershore left her £200 pounds quite a large sum of money. She is described as a spinster of Birlingham when Theodore's will was made. At the 1881 census, age 20, she was living at home at Lower End farm. She married John Walker Smith on the 13th December 1883 at Birlingham. They had one daughter Isabel Dora Mary Smith, born on the 16th October 1884. Sadly Isabel died shortly after the birth on the 17th November 1884, aged 24.

Sidney Smithin (1862-1929). The son of Joseph and Charlotte. Known as Joe or Joseph. He was born on the 26th June 1862 at Birlingham and baptised on the 3rd August 1862. He was a twin of his sister Kate. At the 1881 census he was living in Surrey at what looks like a small institute for woodworking apprentices run by a Francis Child. Sidney is described as an umarried Woodcarver's apprentice. He was a skilled woodcarver and sculptor and carried out a number of major works in his lifetime.

His mother Charlotte mentions him in a letter to her Solicitor of 1890.

Avonside, Birlingham, January 20th 1890

Dear Mr Martin

My son Sidney returned to business early last week and Hubert is from Home for a few days so neither of them could call upon you today, but if you want to see the deeds which are not in the bank I shall be at home any day it is convenient if you do come over.

I am Very Truly Yours

C Smithin

Sidney was living at 61 Nottingham Road, Derby and was probably where he was working.

Sidney was part of the team that carved a major mahogany altar and reredos for the Jesus chapel at Worcester Cathedral which was installed in 1899 when the chapel was re-enclosed and re-furbished. The company involved was the well known company H H Martyn of Cheltenham and Sidney was probably living and working in Cheltenham at the time because he was married there in 1899.

Sidney moved to Oxford shortly after that to join another firm of stone masons and carvers; H R Franklin. At his new company Sidney made a stone carving for the facade of the College of Examiners (Examinations schools?) in Oxford. A carving which his great nephew walked under on his way to his final examinations in 1975. Whilst with H R Franklin Sydney was also involved with carving a full Rood Screen, pulpit and altar for St David's Cathedral in Hobart Tasmania which was shipped out before World War I. This took around 10 years to complete. His grandson John (b.1943) very proudly went to see his grandfather's work in Tasmania when he was living there.

At the 1901 census Sidney was registered at 3 St Elegins Street Cambridge lodging with Eliza F Budges, Edwin Budges her son and a John Murray, age 22. It is likely he was away working on a job.

Sidney and Emily settled in Deddington, North Oxford and in 1919 he received a commission for the new War Memorial for the village and at this time he had his own business.

THE WAR MEMORIAL IN DEDDINGTON. At a public meeting on 31st March 1919 it was decided to commemorate the "Fallen in the War" by a monument. At a follow up meeting in May a large majority favoured a memorial site in the middle of the pathway in the extended Churchyard. By June 13 that year, 32 local exservicemen had personally collected the sum of £171-2-1. The design the Parishioners chose was by Mr Smithin, to be executed by Messers Smithin & Cambray in Portland stone and to stand 12 feet 6 inches high, surmounted by a cross with four lions at its base. The estimated total cost, was £230. The unveiling and dedication of the Memorial took place on the afternoon of Sunday, August 6, 1922. The unveiling was performed by Major General Sir Robert Fanshaw, KCB, DSO, who had been associated with some of Deddington's men in the War. The Vicar, the Revd T Boniface, dedicated the Memorial, assisted by the Revd T Buckingham (Wesleyan) and the Revd J.Carter, of Oxford (representing the Congregationalists), the two latter giving addresses. The singing of the hymns was led by the Church-, Congregational- and Wesleyan Choirs, accompanied by a band. Relatives and friends of the Fallen, together with the Queen's Own Oxfordshire Hussars and Ex-Servicemen from the Parish placed a number of beautiful wreaths at the foot of the Memorial. The proceedings, well arranged by a sub-committee, were somewhat marred by rain. The Service ended with "The Last Post" and "Reveille" and the National Anthem, after which a muffled peal of bells was rung. - From Deddington News, November 2000

Sidney died, aged 67, on the 22nd January 1929 at Castle Street, Deddington, Oxfordshire; registered at Woodstock. Administration was granted to Emily (his wife) on the 23rd April. His effects were valued at £134.

Emily (1875-1966) was probably Emily Manchip and they were married in 1899. Emily was born in Deddington and at the 1901 census, age 25, was living at Horse Fair Deddinton, Oxford. with two children. Her sister-in-law. Estella Manchip, aged 16, was staying with them in 1901 who was a 'Monitress in National School'. Emily died, aged 91, and her death was registered at Oxford in the September quarter 1966. Her father was probably Thomas A Manchip, a National School Master, aged 58 and her mother was Eliza J Manchip. age 46 and they also lived in Deddington, Oxford. Emily had four sisters (Edith, Ethel, Evelina, Muriel) and one brother, Harry.

Kate Smithin (1862-1937). Kate Elizabeth. The daughter of Joseph and Charlotte. She was born on the 26th June 1862 and christened on the 3rd August 1862 in Birlingham; the twin of Sidney. She was at home, age 18, at the 1881 census. When the Smithin estate was sold in 1890 she moved with her mother Charlotte to Cheltenham. At the 1901 census she was living at 50 Grosvenor Street, Cheltenham and presumably helping her mother to run the boarding house. She was not married at that time. The census gives her age as 28 but this must be a mistake for 38. Later she lived at Macara, Hewlett Road, Cheltenham. She died, aged 75, on the 6th September 1937 at 1 The Elms, Swindon Road, Cheltenham. Probate was granted to her brother Hubert and her effects were valued at £23 18s 11d.

Maud Smithin (b.1864). Maud Mary. The daughter of Joseph and Charlotte. She was born on the 26th September 1864 and baptised on the 3rd January 1865 at Birlingham and was the twin of Hubert. She was away at school at the 1881 census, age 16, where she is registered as a pupil at Upton Warren; the Head of the school was a Marian Jones. She married Harry Charles Bulbeck on the 18th September 1888 in Birlingham.

Harry (b.1863) was a Timber Merchant, born in Charlton Sussex and at the 1901 census they were living at Maltraves Street, Arundel, Sussex. Five children are listed at the 1901 census. Charles G F Bulbeck age 11, Reginald K Bulbeck age 10, Harry H Bulbeck age 9, Arthur L Bulbeck age 7, Philip H Bulbeck age 1. There were also two servants Alice J Hammond, born in Grove, Sussex a Domestic cook age 17, and Ethel A Clark born in Heybridge, Essex, a house maid age 16.

They may have later emigrated to Australia and may have had a daughter Evelyn.

Hubert Smithin (1864-1942). The youngest son of Joseph and Charlotte. He was born at 9am on the 24th September 1864 and baptised on the 3rd January 1865, in Birlingham; the twin of Maud (b.1864). At the 1881 census, age 16, he was living at home at Lower End farm At the age of 25 in 1890 when the Smithin estate was involved he was living at home and helping to run the estate and it was he who had the sad duty of showing prospective bidders around the estate. He then helped his mother move to Cheltenham.

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

At the 1901 census Hubert, age 36, was single and living on his own at The Bridge Moor, Moor village and is described as a Farm Bailiff. A year or two later he became the farm bailiff at nearby Spring Hill farm where he met Ethel Oxley who was the governess to the Bomford children. The tenant of Spring Hill farm was Ernest Bomford who married Elizabeth Ferguson. Ernest died in 1901 so a large part of running the 600 acre farm must have fallen on Hubert. There seem to have been 10-20 farm workers in all. His third son John was born there. There is a picture of Hubert in about 1912 at Spring Hill with colleagues in the Conservative League.

Hubert married Ethel on the 23rd December 1903 in Salford Priors. The witnesses were Charlotte Adelaide Oxley, Christiana Oxley and James Robert Oxley.

After about 1910 Hubert seems to have moved around Worcestershire and Warwickshire and his son John recalled living in several different places. Diana just remembers him as an old man with white hair and a white beard. John remembers living in Broadway until he left school at the age of 16.

Hubert and Ethel moved to Cleeve prior around 1924 possibly when Hubert retired and may have lived in one of the three cottages attached to Top farm that Hubert's brother John rented. In 1947 Hubert's son Charles moved into the cottage and Ethel was being looked after by their other son John in Bidford on Avon. Whether Hubert rented or bought the cottage we do not know. Certainly his son Charles eventually owned the cottage as he left it to his daugther Charlotte in 1982.

Hubert was described as a retired farm bailiff when he administered his sister Kate's estate in 1937. He died aged 77 in 1942 and his death was registered at Evesham in the June quarter 1942. He is buried with his wife in Cleeve Prior.

Hubert's wife Ethel Oxley (1872-1949) was born on the 17th April 1872 in Malmesbury, Wiltshire. At the 1881 census, age 9, her family were living in Warwick Road, Yardley, Birmingham and she is described as a Scholar. We think that Ethel was living in Malvern with some Oxley relatives in the period 1890-1900. An Arthur Oxley owned a music shop in Church Street, Malvern from around 1912 onwards (perhaps earlier) and there is a story that Ethel knew the composer Edward Elgar who was the son of a piano tuner and lived in Malvern from 1891 to about 1905.

Her parents were Henry William Oxley a Revenue officer and Christiana Booth of Pedmore born on 20th January 1850. We think however that the Oxley family heralds from Wells, Somerset. By 1901 Christiana is described as a Widow, age 49, and is living at 16 Hope Street, Salford, Lancaster, where she is a companion to Helen Plackett, a widow aged 58. Also living there is the son Charles Alfred Plackett, age 24.

Ethel was taken on as the Governess at Spring Hill Farm in about 1900 and she was in charge of the Bomford's three children Janet b.1894, James b.1896, and Mary Elizabeth b.1899. Ethel took the children to see the 'Royal Wedding' at Wood Norton so called because two of the wedding guests were King Alfonso of Spain and his wife. There is a picture of Ethel with Janet at Spring Hill.

At the 1901 census, Ethel, aged 28, is described as the Governess at Spring Hill. There were two other servants; Myra A M Hewins, age 29, Domestic Cook, Ethel Davis, age 18, Domestic Housemaid, and Annie Gladwin, age 16, Domestic Nurse.

Ethel had connections with a literary or musical circle in Broadway. She died aged 76 and her death was registered Alcester in the March quarter 1949.

Modern descendants (c.1900)

The Smithin name has carried on in only two branches; the descendants of Sidney and Hubert.

Descendents of Sidney and Emily

Sydney Smithin (b.1899). Sydney Gerald. The son of Sidney and Emily he was known as Gerald. He was born on the 26th November 1899 and the birth was registered at Woodstock. At the 1901 census he is listed with his mother at the family home in Deddington, Oxford, aged 1.

He enlisted in the Army during the First World War in late 1917 and like many others lied about his age (he was only 16). He was probably in the Intelligence Corps. He spent a short period in the trenches before the war ended and was posted to Cologne, Gemany, as part of the army of occupation and spent several years there before being demobbed on the 23rd October 1923.

He emigrated to Australia in the 1923. He took up land in rural Western Australia and grew tobacco but was forced off in the 1930 depression. To survive he prospected for gold in the Eastern goldfields and eventually floated a Gold mine of his own. He met and married Constance at Kalgoorlie (c.1900) and settled there and remained until his death in 1981. They had two children John and Geraldine.

Dora Smithin (b.1901). Dora Kathleen. The daughter of Sidney and Emily. Her birth was registered at Woodstock in the March quarter 1901. At the 1901 census she is listed at home in Deddington aged just 2 months. Her marriage to Harold T Smith was registered in the September quarter 1927, at Woodstock.

Winnie Smithin (b.1903). Winnie Muriel. Daughter of Sidney and Emily. Her birth was registered at Woodstock in the June quarter 1903. Her marriage to Cecil J G Smith was registered at Woodstock in the December quarter 1931.

Descendents of Hubert and Ethel

Hubert Smithin (1905-1919). Hubert Henry. Known as Harry. The eldest son of Hubert and Ethel. We think that he died aged about 14 from acute appendicitis and is buried at Broadway, Worcestershire.

Charles Smithin (1907-1982). Charles Oxley. The son of Hubert and Ethel. His birth was registered at Pershore in the June quarter 1907. He married Alma Lloyd in 1947 and they lived in Cleeve Prior. He was an antiques dealer and furniture restorer and had a small shop at Bengeworth. Alma was born on the 6th July 1912 and her death, age 67, was registered in Birmingham in the September quarter 1979. They had one daughter Charlotte born at Cleeve Prior in 1952. She married Paul Mason in 1978 and they are now living in Lightwater in Surrey.

Mary Smithin (b.1910). Ethel Mary. The only daughter of Hubert and Ethel. Her birth was registered at Pershore in the December quarter 1910. She has not married and is now living at Shirley near Birmingham.

John Smithin (1908-1953). John Herbert. The youngest son of Hubert and Ethel. He was born on the 22nd October 1908 at Fladbury. He was probably named Herbert in memory of a life long friend of his Grandmother Charlotte; Susan Elizabeth Herbert.

The earliest photograph we have is of him sitting on a five-bar gate in Fladbury in about 1912 with his brother Harry (Hubert). When he was a young man he rescued a girl from drowning in the Mill Race at Cleeve Prior on the 21st September 1916. About a year later he was awarded the Scout's Silver medal with a certificate signed by Lord Baden Powell. Diana (1938) now has his medal and certificate. The ceremony was held about a year later and was reported in the local paper on the 1st October 1927.

Gallant Broadway Scout Presented with Silver Medal for Life-Saving

The Scout:s Hut at Broadway, on Tuesday evening, was the scene of an impressive ceremony, when Patrol Leader John Smithin was decorated with the Scout silver medal for life saving.

The ceremony was attended by a considerable gathering, including Madame de Navarro (who presided, in the absence of Mr. A F de Navarro), General Sir Andrew and Lady Skeen, Colonel Sidney, Mr J M de Navarro, Miss Fanny Davies (the well known pianist), Mr and Mrs W J Marshall, Mr and Mrs C S Drury, the Rev.,A Bonser, Mr R H New, Mr T Douglas-Johnston (late Scout master Broadway Scouts), Mr and Mrs C Lugg, Mrs Burrows, Mrs Kemp, and many others.

In making the presentation District Commisioner Towers said it was his pleasant duty that evening to present to P.L. J. Smithin the Scouts Silver Medal for Life Saving, for having saved a girl from drowning. It was a great honour to Smithin that he should have proved himself worthy of this medal; it was also an honour to the Troop, to the Scout-master and his assistants who had trained the boys to know what to do in an emergency. Scouts were trained to know how to act in emergencies of any sort and in ambulance and first-aid work. They did their best to make a good citizen of every Scout and taught them that they were not in the world by themselves, but that they should help all around them. He could assure them that this help was frequently given, although it did not often come before the public notice as it had done in this case. When a boy came to the age of 16 or 17 he became enrolled as a Rover Scout, when the higher branches of service were taught to him. Youths of to-day who were not Scouts were apt to take too selfish a view of life. The presentation was then made amidst prolonged applause.

Madame de Navarro said that it gave her great pleasure to be amongst the Boy Scouts again; she would like them to try to believe that it was their President who was talking to them, and she was glad to be able to say that his health was much improved and that he hoped shortly to be amongst them once more. (Applause). She congratulated John Smithin very heartily on having gained the Silver Medal, she was proud of him and was sure that the scouts and the village were proud that such an had fallen to [a] Broadway boy. To save a human life in such circumstances was a grand act, requiring high courage, and as long as he lived he would know that he acted up to the scout standard, which was a noble standard of self-sacrifice. It required that a scout should every day and all the time perform service and good acts towards other people and conquer all difficulties that came in the way. Acts formed habits, habits formed character, and character ruled the world. They should all try to emulate the scouts and be alert to do good things for other people. (Applause).

John was a Special Constable during and after the second world war and was awarded a special commendation for delivering top secret documents from what is now GCHQ (Government Communications Headquarters) in Cheltenham to Birmingham during a heavy bombing raid in 1941.

He married Kathleen Taylor (1913-1942) in 1936 which was registered at Evesham in the December quarter 1936. Kathleen died, aged 29, on the 18th September 1942. John married a second time to Jill Canadine at St Luke's church, Headless Cross in 1950.

John was a farm manager for a consortium of farms in the Bidford area. He took an active part in the local agricultural community and started the Bidford branch of the National Farmers' Union and was the Secretary for several years. John died, aged 44, at Bidford on Avon on the 4th January 1953; he had suffered from poor health for some years. His ashes are buried with his father and mother at Cleeve Prior.

John had a daughter Diana from his first marriage and two sons John and Tim  from his second marriage.