T199

Letter from Goytrey House January 11^th 1864.

Dear Sir, in reply to your letter of the 31^st inst., I gladly avail myself of the opportunity of detailing the circumstances connected with the title to the Goytrey property.

By will of my Grandfather dated 10^th March 1799 his property was bequeathed to his children, to be converted into money on the youngest coming of age and an equal division made.

In the year 1822 the division of my Grandfathers property took place- when all the parties interested executed a conveyance to my father and he became the purchaser; and to receive part of the purchase money he mortgaged the property to his mother and sisters, Lucy, Fanny, Maria and Charlotte.

The account numbered 1 Details the above arrangement as referring to one sister, Dorothy Charlotte, a copy or similar account having been placed in the hands of each mortgagee (my aunt Mrs Marriott having had her own copy). – My father having paid off my uncle George in full and some of the other legatees in part.

My father died in Ceylon on the 3^rd April 1829, leaving his property to his wife in trust for his children. A copy of his will is enclosed numbered 2.

An agreement was negotiated, by which it was intended that some of the mortgagees, viz; my grandmother, aunts Lucy and Dorothy Charlotte should become the purchasers for £3000 – the document setting this forth in full (number 3)

The mortgagees however refused to notify the proposed agreement preferring to put the mortgage in suit and accordingly filed a Bill in Chancery. Mr Waddington, as agent, or trustee for the mortgagees being the party who in law took proceedings.

The document (no 4) is a copy of the minutes of the decree of the Court of Chancery followed by other orders &c.

No 5 is the account of Mr Waddington the mortgagee in possession by trust and on behalf of the family – in account current with my father’s estate showing a balance due to the mortgagees of £2385-7-6. This account formed the foundation on which the proceedings were taken.

I also send for your information the advertisement of the sale of the property by auction (no. 6.) The sale was made and the purchase affected by Alexander Waddington as trustee for the mortgagees. There being no other bid an order was made to confirm the sale to Mr A Waddington by the Vice Chancellor – a further order was made to convey the property to the individual mortgagees as Lucy Bird, Elizabeth Bird, Walter Marriott, Dorothy C Bird and Mathew Towgood.

There are two deeds bearing even date. Viz: 26^th Jan.^y 1835 conveying the property to Dorothy Charlotte Bird and in one of them the following clause recites:-

“That in consideration of the sum of one thousand four hundred and forty six pounds to the said Thomas Davies and Lucy his wife, Elizabeth Bird, Walter Marriott and Mathew Towgood, in hand, well and truly paid by the said Dorothy Charlotte Bird at or immediately before the sealing and delivery &c”. The receipt of which said sum, they, the said Thomas Davies and Lucy his wife,

Elizabeth Bird, Walter Marriott and Mathew Towgood do hereby severally and respectively acknowledge of and from the same and every part thereof, doth release, exonerate and forever discharge the said Dorothy Charlotte Bird her heirs &c.

The usual receipt is applauded to this deed and the signatures of the Rev’d Walter Marriott was affixed to the deeds and receipt at Trowbridge, in presence of Frances Fulford & Wm Nightingale.

The document I enclose, marked no. 7 is Jones & Waddington’s bill of costs for the conveyance as above and mortgage to Miss Jenkins in further proof of these transactions.

In order to pay expenses of transfer, liquidate debts and complete the payment to the mortgagees as above, upwards of £300 worth of timber was cut down and sold by my aunt Dorothy Charlotte and £14 was borrowed on mortgage from Miss Jenkins and £100 from Mr Jones. Next several amounts and Miss D C Bird’s own interest in the property enabling her to effect the purchase early in the year 1835 son after my departure for Ceylon.

My aunt subsequently wrote to me in Ceylon to declare her inability to pay Mr Jones’s debt which was demanded and the interest on the mortgage and maintain herself and her mother and brothers on the farm and that it must be sold unless I could make an arrangement to pay the interest on the mortgage, which was then in arrears and the £100 owed to Mr Jones: and was disposed to do so with the view of securing the property to myself, no mention being their made of any further claim upon it beyond those above mentioned.

Upon receipt of this communication I made arrangement after some difficulty through y agents in London, Messrs Price and Bousted, to pay the interest on the mortgage and Mr Jones’s claim and the payments were thereafter regularly made to Mr Waddington my aunts solicitor on the understanding that it was to be a charge upon the property and in the year 1850 when I had returned to England my aunt D C Bird executed a deed, conveying to me the equity of redemption of the mortgage in consideration of the sum of £751-5-9 so advanced by me and which was then forwarded by my agents.

My payments subsequently amounted to £1089-12-8 in payment of interest up to the year 1857.

A further sum of £300 was remitted at various periods for the service of the farm and a debt incurred of £150 afterwards paid by me, making a total advance of £3041-1-8 including the mortgage. The actual payments in money up to Feb 2^nd 1857, when I took over the farm, having been £1539-12-8 and mortgage and interest due that date £1501-9-0 making a total of £3041-1-8.

Mr Davies is a professional land agent and valuer residing at Usk then valued the property on my behalf at £2400 and Mr Mathews a railway engineer having been asked by my aunt and uncle to value it made his estimate between £2500 and £2600. A transfer or conveyance was then executed in my favour for the higher sum of £2600 accordingly by my aunt Dorothy Charlotte Bird and forms my title to the property free from any liability.

Having thus disposed, as I believe, in a satisfactory manner of the legal part of the question that has arisen between my aunt and myself, I am bound to add a few observations on the facts connected with it.

In the first instance I cannot but feel that the forced sale of the property by an order in Chancery was a very harsh recourse to have been adopted by the mortgagees; though the remembrance of it and the feelings it engineered have been lost in oblivion and would not be referred to now but for the purpose of explanation. That measure was rendered the more severe from the fact that my father had purchased the property from his mother and sisters and brothers at a full value and had paid a

considerable portion of the purchased money. One chief object in the purchase having been to secure to his mother the family residence for the remainder of her life at the request and solicitation of his mother and sisters. Secondly, the rejection of the mortgagees of the proposed agreement for the purchase of the property at a fair value was certainly a rejection with it of all the former considerations connected with the sale to my father.

A second proposal that the mortgagees should retain possession as an equivalent to the interest on the mortgage until I came of age and could join in a conveyance without reference to Chancery was also rejected. The mortgages acting with reference to their own interests under professional advice.

My aunt Fanny though probably not consistent of their proceedings and leaving them in the hands of others was nevertheless a party to the suit in Chancery. The rejection of a conciliatory settlement as well as the purchase of the property by the mortgagee at public sale and re-conveyance to my aunt Dorothy Charlotte.

You will thus see that as far as my father’s estate was concerned, my aunt Fanny as one of the mortgagees received the full amount of her share by the sale of my father’s property and by any arrangement subsequently made with my aunt Dorothy charlotte she could not by any possible process fall back on my father’s estate or that of my grandfather.

My aunt will no doubt find it difficult invest her mind of the idea after so long a prepossession that she has not received her share of my father’s property. The same may be said of my aunt Dorothy Charlotte who has also no longer an interest in the estate of her father or any remains of it but the satisfactory reflection that so long as she had the property she sheltered her mother & her brothers in it, though in so doing she sacrificed her own living.

I think you will not fail in arriving at the conclusion, after perusing the foregoing statement, that my aunt Fanny has no claim on me or my father’s estate, had there been any – and that in contributing to aid my aunt D Charlotte to purchase the property she contributed a legitimate quote to a mothers comfort in her old age.

You will also see that in addition to paying the full value of the property I have advanced upwards of £400 beyond it. And finally I feel sure that could my aunt Fanny see the matter in its fair and proper light she would be the last person in the world to advance the claim.

Should you desire to have any further documentary evidence I shall be most happy to furnish you with it.

I remain, my dear Sir,

Yours faithfully

(Signed) Henry C Byrde

To: Harry Nisbet Esq^re

CD/CP/70

41 – 15^th October 1713
Marriage settlement – Melyn-y-coed

1. Hugh Harries anor
2. John Lenthall anor

2 messuages 15 perches land 80a parish of Goytre. 1 messuage of 14 closes of land. 80 acres pg. 1 other close of land, messuage, mill 9 closes land

42 – 20^th November 1746
Deed to levy a fine

1. Bridget Bossville
2. John Griffith

To messuage, tenement, farm, Goytre

43 – 20^th November 1746

As above, 1 messuage, 1 farm etc PG

44 – 1^st January 1777

1. John Lewis
2. David Morgan anor

Messuage, tenement land in parish of Goytre and same in the parish of Abergavenny

45 – 2^nd January 1787

1 and 2 as above
£100

50 – 16^th July 1792

Lease for a year

1. Thomas Hobbes anor
2. Henry Bird

Messuage, parcel of land containing 30a PG

51 – 17^th July 1792

Release – As above

52 – 11^th February 1797

Mortgage

1. Henry Bird + Elizabeth his wife
2. Margaret Phillip

£500 messuage and several parcels of land 30a PG messuage etc. 60a PG

53 – 25^th March 1805

Lease for 3 lives

1. Earl of Abergavenny
2. Gwilim Jenkins

Close of land ^¼ a PG

54 – 29^th September 1807

Lease for 3 lives

1. Earl of Abergavenny
2. Richard Proger

Messuage garden 3a land PG

55 – 25^th May 1815

Ass of a mortgage

1. John Pyatt
2. Edward Lewis

£500 messuage and 30a land PG also newly erected messuage 60a PG

56 – 29^th September 1813

Lease for 3 lives

1. Earl of Abergavenny
2. Thomas Williams

£84 messuage etc 5 closes land 6a 2p PG

57 – 23^rd February 1821

Assignment of mortgage

1. Edward Lewis
2. Thomas Jones

£518 messuage several parcels of land 30a PG. Messuage etc 60a PG

58 – 25^th March 1821

Lease 3 lives

1. Earl of Abergavenny
2. William Williams

Messuage garden 3p land 3a p PG

59 – 2^nd July 1821

Lease for 1 year

1. Betsy Hayward Winstone anor
2. Thomas Cooke

Ruin of a messuage several parcels of land 60a PG several parcels land 30a PG

60 – 3^rd July 1821

Release

1. B H Winstone
2. Henry Bird

As before

61 – 4^th July 1821

Transfer of mortgage

1. Henry Bird
2. Alex Waddington

£2150 as before

62 – 10^th July 1830

Feoffment

1. Thomas David anor
2. Thomas Lewis and Joseph Jeremiah

£9 piece of land 262ft x 68 x 61ft part of Pentre Bach farm PG

63 – 7^th February 1832

1. Joseph Jeremiah
2. Golden Lion Friendly Society

£60 as before

64 – 29^th September 1832

Lease for 3 lives

1. Earl of Abergavenny
2. William Williams
3. Ruined cottage and garden 30p parcel of land 2a 2r 10p PG

65 – 7^th December 1832

Lease for a year

1. William Morgan
2. Ann Phillips

Messuage farm etc Pantysgawn 50a + messuage etc called Penystare 40 covers messuage etc PG + Lanvair Kilgeddin

66 – 8^th December 1832

1. Mary Morgan anor
2. Ann Phillips

£3000 Pantysgawn + Penystare 120a PG and Lanvair

67 – 24^th August 1834

Lease for a year

1. Alexander Waddington
2. Alexander Jones

Messuage several closes of land 60a PG also messuage several parcels land 30a PG

68 – 25^th August 1834

Release

1. As above
2. As above

£1947.19.2 as above

69 – 2^nd December 1834

Certificate of commission for the deeds of married woman

1. Frances Maria Mais

To a deed 25^th August 1834

70 – 26^th January 1835

Appointment of assignment

1. Rev. Thomas Davies anor
2. HC Bird anor
3. £1446 as 67

71 – 28^th Jan 1835

Mortgage

1. Alexander Jones anor
2. Sarah Jenkins

£1400 messuage several closes land and estate 60a but actually 38a 1r 27p PG also messuage several parcels land by estimate 30a but actually 22a 38p PG

72 – 25^th May 1835

Further charge

1. William Morgan
2. Ann Phillips

£1500 messuage etc Pantysgawn

73 – 20^th September 1836

1. Ann Phillips
2. CC Williams anor

Messuage farm etc Pantysgawn 50a messuage etc called Penystare 40 covers etc 120a PG and Lanvair

£4500

74 – 29^th September 1838

1. Earl of Abergavenny
2. William Phillips

Messuage with garden several closes land 3a 2r 10p PG

75 – 18^th January 1842

Mortgage

1. William Williams
2. Alexander Waddington

Cottage and garden 30p parcel of land 2a 2r 10p

£25

76 – 14^th June 1842

Conveyance

1. Joseph Jeremiah
2. Thomas Evans

£150 parcel of land 262 x 68 x 61 ft part of a farm called Pentre Bach PG with a messuage built thereon

77 – 3^rd January 1845

Further charge and mortgage

1. William Williams
2. Charles Williams anor

£500 messuage farm etc called Pantysgawn messuage etc called Penystare also Penycauseway parish of Abergavenny

78 – 9^th September 1847

Transfer of mortgage

1. CC Williams anor
2. William Williams

£2000 messuages – Pantysgawn – Penystare- Penycauseway

79 – 30^th October 1848

Mortgage

1. William Williams
2. Lewis Edmunds

£38 cottage and garden 30p parcel land 2a 2r 10p PG

80 – 9^th November 1853

Conveyance

1. Jane Williams
2. Lewis Edmund
3. £25 messuage etc 5 closes land 6a PG

81 – 7^th March 1850

Mortgage

1. Dorothy Charlotte Bird
2. Henry Charles Bird

£700 messuage several closes land 38a 1r 27p PG also messuage several parcels land 22a 38p PG

82 – 5^th Feb 1856

Mortgage

1. Thomas Evans
2. Sarah Thomas

£120 parcel land 262 etc farm called Pentre Bach together with messuage

83 – 24^th April 1856

Transfer of mortgage

1. Dorothy Charlotte Bird
2. Capt. Henry Charles Bird

£1400 messuage close of land 3a 1r 27p PG also messuage several parcels land 22a 38p PG

84 – 9^th March 1858

Conveyance

1. Dorothy C Bird
2. Henry Charles Bird

£1501 9s as above

85 – 30^th March 1858

Mortgage

1. Henry Charles Bird
2. Rev Thomas Davis anor

£1300 as above

86 – 24^th March 1829

Transfer of mortgage

1. William Williams anor
2. Edward Yalden Cooper anor

£2000 messuage etc Pantysgawn-Penystare etc

87 – 24^th May 1859

Lease

1. Earl of Abergavenny
2. William Morgan

Close of land 2a 3r 35p also 3 closes land 8a 2r 27p also parcel land called Ty Bach y Burcwm

88 – 25^th October 1859

Conveyance

1. Richard Proger
2. H C Bird

£80 dwelling house garden and 5a

89 – 25^th March 1860

Lease for 3 lives

1. Earl of Abergavenny
2. Thomas Lewis

Cottage 4 closes land 4a 32p

90 – 18^th December 1860

Mortgage

1. H C Bird
2. Richard Colston Mais

£1466 13s 4d same details as before

91 – 25^th March 1861

Lease

1. Earl of Abergavenny
2. Col. HC Bird
3. Cottage and 4 closes of land 3a 10p called Tee Tumpin

92 – 6^th May 1861

Conveyance

1. Thomas Evans
2. HC Bird anor

£920 262 ft etc as before

93 – 6^th May 1861

Mortgage

1. HC Bird
2. Wm Gwatkin secretary of the Cumrodorian Society

£300 parcel land etc 262 Pentre Bach

94 – 21^st September 1861

Lease

1. Earl of Abergavenny
2. H C Bird

Ruins of a cottage 11 closes land 12a 3r 25p

95 – 31^st July 1865

Mortgage

1. HC Mais
2. RC Mais

Messuage and several closes land 120a 23p (113a 2r 21p) PG and LK

£1547 12s 9d

96 – 5^th July 1869

Deed of exchange

1. RC Mais anor
2. Trustees of the will of CH Leigh

3 closes of land 9a 2r 19p

5 closes land 11a 28p

97 – 12^th August 1869

Grant

1. HC Bird anor
2. FL Byrde anor

Parcel land ¼ a at Penpellenny

100 – Goytre House Goytre

3 November 1949

Agreement for a pipe for conveying water from the Mon Brecon canal to Goytre House British Transport Committee + Mon CC

£1 10s pa

102 – Goytre House

8^th December 1951

Agreement on Goytre House sewage system

SA Morgan and Mon CC

103 – Goytre House 1952

Abstract of title of SA Morgan to freehold property known as Goytre House

104 – 1^st May 1952

Deed of grant

£50 full rights and liberty to lay drain on a plan for the passage of sewage from Goytre House

SA Morgan to Mon CC

111 – 7^th August 1954

Land tax redemption certificate

£1 6s 1d

Concerning the above premises

112 – Goytre House 1^st May 1954

For the erection of 5 poles and 5 stays and approx 50 yards of underground earth wire total 16/-

Mon CC and SWEB

117 – Goytre House 2^nd September 1960

Agreement (c/part)

To let parcels of land situate in PG and Mamhilad containing 22a adjoining Goytre House from 2^nd February 1960

£40 pa

Mon CC to Florence May Hamer

120 – Land adjoining Goytre House 20^th May 1969

C/part tenancy agreement
Relating to 21.269a of land os plots nos: 105 part 106-part 963-901-902-960-960a situate adjacent to Goytre House

Plan

Annual tenancy from 2^nd February 1969

Rent £55 pa

Mon CC to Robert Alfred Hamer Goytre House Farm

122 – 2^nd June 1969

C/part agreement

For the tenancy of 2.168a land adjoining Goytre House and being enclosure number 963a and part of 963 on OS sheet for grazing purposes

Plan

£15 pa payable half yearly

Mon CC and Betty Prowlin

125 – Goytre Home for the Aged

2^nd July 1976 – Tenancy agreement of the Lodge Goytre

1. Gwent CC
2. Mr E J Jenkins

129 – Goytre House

25^th October and 15^th November 1979

Correspondence relating to boundary line at Goytre House

130 – Goytre House

18^th December 1981 – Copy letters and plan re tenancy to drive

T258

Goytre House freehold lands situated in the parish of Goytre County of Monmouth the property of Col. Henry Byrde JP for the County of Monmouth

Ast 425 9 1 11

Plantation and pasture 426 1 12

Arable 427 2 1 23

Plantation and pasture 428 4 3 20

Manor house + farm bldgs 429 2 0 3

Arable 430 4 1 26

Pasture 431 2 3 29

Gorse 432 2 3 38

Arable 433 3 2 17

Arable 435 5 2 0

Pasture 530 2 0 12

Meadow 531 7 1 4

Pasture 532 2 0 17

Pasture 424 3 3 20

Arable 422a 3 7

Mamhilad

Arable 612 2 0 7

Wood 613 4 2 14

61 9 8

According to the tithes computation survey selected and surveyed by T Rees in the year 1863

T222

List of Goytre Papers

1. Conveyance dated 19^th September 1853 on lives of Wm Williams, Rice Davies and Richard Cobner viz. Williams and Edwards

Haymeadow

1. No. 3 HB

Relieve and purchase of Goytrey House in 17^th January 1775

1. No 11 HB

Indenture between James Howell and his wife and Monias Lewis same land as 2. dated 1759

1. Probate of estate of Richard Colston
2. Declaration of trust. Baugh and Levnau inform of certain properties in Bristol: Chas Mais
3. Draft of agreement between Elizabeth Bird and other members of the family and the trustees of Henry Bird’s will
4. Stamp duties of Colston’s estate
5. Lease from Earl Abergavenny to Wm Morgan dated 1782 of Craig yr Allt and Bwrgwm
6. Will of Thomas Hodges mariner concerning property in the Barton Bristol
7. Consignment of 30? Property in leases Mead Bristol by John Morgan
8. Deed of release and confirmation of an inventory of lands in Goytrey. James Howell of Ross and others now of Henry Bird 1791. Deed of release and confirmation from James Howell and others to Henry Bird same as nos 2 and 3
9. Probate of the will of Henry Bird 1799
10. Release from Thomas Lewis and Robert Hughes to Henry Bird in consideration of £180 rec’d 1788 also refers to same as nos 2-3 &11
11. Lease for a year by James and John Howell to Henry Bird of the Goytrey lands referred to as above 1791
12. Declaration or warrant given in the first year of the reign of Geo III concerning lands sold or leased by John and James Howell to Henry Bird, probably same land referred to in other deeds
13. Settlement by Charles Mais to trustees to receive payment of £3000 to his children – 30^th March 1793
14. Transfer of mortgage by Henry C Bird to W. Macintosh to receive £3000 @ 5% 1866 on Owens property
15. Declaration of ? on Bristol property to Charles Mais same as 5
16. Lease re Robert William to John Davy of house in Bristol Horsefair
17. Conveyance and arrangement by Charles Mais dealer in hats of Bristol dated 1873 to his son Jeremiah of 2/³ of a certain property in Bristol in 1813
18. Commission by George 3^rd to Henry Bird to be Captain of 80^th Regt. (Commission by Col. Wilmot) dated 3^rd October 1761
19. Settlement by Richard Colston of Rebecca Mander whom he was about to marry 1777 and settlement of Rebecca Colston
20. Mrs Hughes release on land of her son Robert dated 1788 as to land in Goytrey bought by Col. Henry Bird see nos 2 & 3
21. Account of estate by late Samuel Bird by his widow
22. Conveyance by Lewis Edmunds or Edward to Col. Henry Bird and leasehold property 6a 2r 0p in Goytrey Wm Williams, Rice Davies, Cobner same as no.1
23. Consignment of mortgage 8^th December 1766 Menar Lewis to David Jones concerning land at Goytrey no. 2 & 3
24. Marriage settlement of Richard Colston and Rebecca Maunder see no. 22
25. Consignment of mortgage of land in Goytrey by M Lewis named as no. 26
26. Consignment of mortgage by Philip Jones and R J Mais 1758 to same land
27. Will of Mrs Mary Williams naming her son 1836
28. Relating to H C Byrde from Vicar and Churchwardens of Nerettru Church in respect of £200 legacy left by Rev Davies
29. From the oath of a Burgess of Bristol taken by Richard Colston and other Colston papers
30. In the matter of proving the copy of the will of Henry Bird 16^th Regt., dated 7^th November ’31. Signed will 1829. Valuable letter from Henry Charles Bird to Henry Nesbat also declared of debt due by George Bird £3000 arrangement of half shares of all George Bird’s property also letter of George Bird
31. Mortgage to Waddington of Goytrey lands by Henry Bird and Mr and R C Mais afterwards
32. P/Att to R A Byrde per Col. H C Byrde
33. Harilla and Queens of Hills Munny Ceylon
34. In the United Service stores in liquidation
35. P/Att Henry C Bird to HB and GMB
36. Articles of agreement between Henry C Bird and C Augusta Cobbe 1841
37. Leases bills and transfer of property
38. Letter Henry C Bird to Miss Wardle about Sunday – mis-statement
39. Agreement with David Reid about Marionatte land and Eudamarka see 45
40. Particulars of leases. Estate for sale in estate Elias Bird and also of Samuel Bird’s furniture
41. Will of W Bosville
42. Case of David Reid Gampole land see 42
43. Goytrey House building contract & c
44. Will of LGM Byrde
45. Letters from Henry Bird in Holland and Spain to his wife 1801-1813
46. Do do Mrs Westlake
47. Wills and papers C Pitts
48. Papers relating to De Fers, Arnolds and Birts
49. Account of Goytrey estate from 1895-1911
50. Letters concerning F C Mais
51. Henry C Bird commission
52. Administrations of estate of Amelia Mais deceased
53. Administration of Miss Louisa Sophia Byrde
54. Will, Henry Bird married 1799 see no. 12 Account of Henry Bird 1780 also extract will Elias Bird
55. Administration of goods of Mrs Elizabeth Bird 1843
56. Conveyance, leases etc of Mais family