T247
Lineage
Henry Bird of St Marys Rotherhithe was born in 1695 and died in 1757.
He was the brother of Elias Bird of Roehampton Park, Sheriff of Surrey 1744, died in 1767.
He was also the brother of Edward Bird Lieut., obit on 26 or 23 February 1718, hanged for pinking a waiter.
They were the children of Henry Bird and Elizabeth nee Fitzgerald.
He claimed descent from Bird of Broughton Hall.
(Dictionary Note: to pink is to pierce with a rapier or the like; stab.)
T199
Letter from Goytrey House January 11th 1864.
Dear Sir, in reply to your letter of the 31st 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 10th 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 3rd 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: 26th 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 2nd 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 Esqre
T193
Court Case King’s Bench between Hughes Minet & Rekar Fector and Martha Arnold, widow.
Defendant sets forth – John Arnold late City of Canterbury dec.d late husband of defendant.
On 21st May 1769 was indebted to the plaintiff for goods and merchandizes for £137 8s.
Also on the 20th Sept.r 1773 at Maidstone aforesaid was indebted to the sd plts in other £653. 2s for divers, other goods, weares and merchandise.
Cummings Attorney
(Very long and involved but repetitive)
T179
3rd June 1769
Probate for goods of John Arnold to wife Martha.
T181
Will of Henry Arnold parish of Kingston Kent, yeoman.
To John Arnold messuage and tenement with barn, garden, orchard etc.
To Susannah, daughter, wife of John Marsh, all household goods, dinner and household furniture.
To Grandchildren:
Susannah, Henry, John and Jane Marsh £50 each.
Henry Arnold £200 to set him as an apprentice, son of John Arnold
Henry Arnold, late of New York £20
T52
Letter to Mr R Symonds, at no. 4 Queens Square, Bristol
Jan 19th 1802
Dear Friend,
Ceylon – 10th Nov 1801
I wrote to you on my return from Bristol now near three months since and I fear either from your urgent uncertainty of our country past office on your having proved that you have not received it. I have therefore enclosed this to a friend of mine, Mr B Biggs, Linen Draper, High Street Bristol, through whose hands you will get it. I hope by this time you have got quite of your complaints by the help of care and your surgeons and if you can make it agreeable I will be happy to see you here to spend a little time.
I will furnish you with a house already equipped. Before I left Bristol I met our friend J T Mais and suggested or requested him to sell you of my being obliged to leave it and without doing my ….
Am your friend truly yours,
M Wm Drake
Devon
Near Axminster
Part of 268
Bird-Byrd-Byrde
In a self bound volume of the history of the families of Cumberland and Westmorland, printed about 1700 is an account of the owners of Broughton Hall in Cumberland.
Henry, descent of Bird Oswald a Dane who founded his home on the Great Wall about AD800 (a Viking) married about 1164 Joan Teasdale, heiress of Broughton Hall.
Several pages in the book deals with the family genealogy, trees are given. Quarrels between the Hall and the castle, especially during the time of the celebrated Countess, owner of the castle which ended on the Bird or Byrds having to pay a token fine in kind or in money to the Countess. (Bird Oswald is still marked in maps of the Great Wall.)
After being in possession of Broughton Hall for 500 years the history ceases abruptly. Ten sons fought for King Charles, the family plate was melted down, 8 or 9 sons were killed.
My father, rev Frederick Louis Byrde told me that no Byrde should ever allow people to say that Charles II was ungenerous or mean. He granted 3 considerable estates to them in recognition of their services to the Stuarts.
Elizabeth Hicks.
In the wars between the French and the English in America the family of Hicks moved from Virginia. Red Indians tomahawked the parents, two sons and two daughters, Elizabeth 10 years old – said to be beautiful, with beautiful hair, was spared. The chief put her into the care of his chief squaw. Before the move a Captain Gilmore had offered Elizabeth’s father £500 if he would keep her safely with him until his return as he wished to marry her when she was old enough. 1 brother Hicks escaped when the family was killed off.
During the two years that Elizabeth was with the Indians she hoped that her brother would rescue her. A Henry Bird, a Captain with Wolf at Quebec heard of her, he and another officer captured her from the Indians.
Henry kept Elizabeth shut up in a house at Detroit Canada in the care of a lady for 2 years.
He married her there when she was 14 years. She rode ponies and milked cows when with the Red Indians and her imprisonment was terrible. She kept a diary which unfortunately was burnt – the spelling was shocking and her sentences illegible.
Two sons were born to Elizabeth and Henry in Canada, from one is descended Admiral Byrde. Birds are mentioned in the Creevy or Creecy papers, the lead Montreal now stands on what belonged to Henry, who sold it before its value was realised. Several other children were born to Elizabeth at Goytrey house in Monmouthshire, where she insisted on milking the cows.
A son or grandson of hers was one of the Prince regent’s gay set and lost a great deal, the Abbey lands may have been paid for a gambling debt.
Joshua Reynolds was a friend of one of the sons and painted their mother at Goytrey.
De Fer – at the time of the French Revolution De Fer and her brother Pierre escaped from France to Kent in a fishing boat. The rest of the family were guillotined.
A Captain Henry Bird stationed at Canterbury fell in love with the French girl who was teaching French to live. Pierre returned to France to see about the family estate and was never heard of again. Henry and ? were married in the Crypt of Canterbury Cathedral. When stationed at Windsor the daughters of ? and Henry were (w Private) – as is. The daughters of George III. One gave, I think it was Adelaide Bird a carved ivory knife with a steel blade – probably Italian; this was given to me by my father, William Byrde.
The christian names of the children have now Frederick and Louis amongst the Augustus, Henrietta etc and Charles etc in the family genealogies.
Bird or Byrde spelt either way were great soldiers, undistinguished – not one became a general. They fought in the thirty years war, the wars of the Austrian succession. Peninsular war, Napoleonic wars, one was at Waterloo.
A boy of 18 was drowned at the battle of the Nile, China wars. On his return from China a Col. Henry Byrde bought land in Ceylon – he brought from China a great quantity of porcelain, bedroom and table and drawing room china. This was all marked with the family coat of arms in England. Most was sold after the death of my grandfather, Colonel Henry Louis Byrde, JP, deputy Lieutenant of Monmouthshire. He went back to the old spelling of Byrde. A brother of his, I think a Charles was wounded in the Crimea war. He was the youngest Major. He went to Ceylon to plant on some of the family estate.
My grandmother would not allow any of her sons to go into the Army. My father and his brother became Clerics. Richard was headmaster of All Hallows Devon.
Note: when I sang in a concert in Penrith Cumbria in ’98 the Penrith newspaper said “one of the Byrde’s of Broughton Hall which had been in the family for 500 years”. Cumbria had a long memory. The celebrated Lord Chancellor took his title from “Broughton” when he lived at Broughton Hall.
T 210
8th February 1823 – Will of Henry Bird
Elizabeth Bird, parish of Goytre relict of Henry Bird.
George Bird.
Lucy Bird, spinster.
Frances Bird, spinster.
Rev Wm Richard Lewis Walker Llanover and Georgina his wife, late Georgina Bird
Dorothy Bird, spinster.
Betsy Hayward Winstone of Bath, widow and relict of Wm Hayward Winstone.
To Charles £200 to put him in full pay in an old Regiment and fit him out service at such time.
Wife Elizabeth and other mentioned people, all stocks and shares and Goytre House – not to sell canal shares until they reach £100 per share.
House not to be sold.
T38
Copy of a letter from Lieut J M Pennington to the Secretary at War
Luzarches 19th December 1815
My Lord,
I have taken the liberty of begging your Lord’s interference in a lease the particulars of which are here detailed – after the battle of Vittoria, Lieut. Colonel Bird was left there on duty and his company (The Grenadiers) was paid by his brother for him until it was ascertained that the former was going to England about the 24th September when Major Clarke was appointed to the Company.
His brother and Captain Leech were authorised by him to settle his accounts both public and private.
The balances on the abstract 24th September were less by £106 9s, the amount of the minus credits to that period which was charged to Colonel Bird’s private account and creating to the Company account to October along with the balances to 24th September, after that the public account was signed by Captain Leech, for him, as correct and the receipts, memorandums &c to the period over to him for Colonel Bird last declaration.
The balance of his private account was sent to him as two remittances amongst which was credited the amount of our order drawn by Lt. Barry 87th Regiment for one hundred dollars on paymaster Sherlock which I counted as goods as having the money in my possession, being accepted by the latter and which I beg to leave to enclose. – On applying for the money it was refused on a plea that it was forbid by Lt. Barry in consequence for the horses (for which it appears the order was given) being claimed by Captain Thompson 83rd Regiment.
Finding I could not get the money for Colonel Bird I made him acquainted with it, as also that it would be charged by me to paymaster Boyd of the 2nd Battalion for him to repay as it was no transaction of mine whatsoever in paying the money before it was received and that he might be able to make some arrangement with Captain Thompson and Lieut. Barry concerning it.
I was however much surprised on being informed that Colonel Bird would not refund the money that being eighteen months ago and still preservers in with holding it from me.
May I request your Lord will have the goodness to assist me in recovering the amount from Colonel Bird by having it paid into the hands of paymaster Boyd on my account.
I am, Sr
Signed
J M Pennington
1st Battalion 5th Regiment
The Right Honble
The Secretary at War
CD/CP/70
41 – 15th October 1713
Marriage settlement – Melyn-y-coed
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 – 20th November 1746
Deed to levy a fine
To messuage, tenement, farm, Goytre
43 – 20th November 1746
As above, 1 messuage, 1 farm etc PG
44 – 1st January 1777
Messuage, tenement land in parish of Goytre and same in the parish of Abergavenny
45 – 2nd January 1787
1 and 2 as above
£100
50 – 16th July 1792
Lease for a year
Messuage, parcel of land containing 30a PG
51 – 17th July 1792
Release – As above
52 – 11th February 1797
Mortgage
£500 messuage and several parcels of land 30a PG messuage etc. 60a PG
53 – 25th March 1805
Lease for 3 lives
Close of land ¼ a PG
54 – 29th September 1807
Lease for 3 lives
Messuage garden 3a land PG
55 – 25th May 1815
Ass of a mortgage
£500 messuage and 30a land PG also newly erected messuage 60a PG
56 – 29th September 1813
Lease for 3 lives
£84 messuage etc 5 closes land 6a 2p PG
57 – 23rd February 1821
Assignment of mortgage
£518 messuage several parcels of land 30a PG. Messuage etc 60a PG
58 – 25th March 1821
Lease 3 lives
Messuage garden 3p land 3a p PG
59 – 2nd July 1821
Lease for 1 year
Ruin of a messuage several parcels of land 60a PG several parcels land 30a PG
60 – 3rd July 1821
Release
As before
61 – 4th July 1821
Transfer of mortgage
£2150 as before
62 – 10th July 1830
Feoffment
£9 piece of land 262ft x 68 x 61ft part of Pentre Bach farm PG
63 – 7th February 1832
£60 as before
64 – 29th September 1832
Lease for 3 lives
65 – 7th December 1832
Lease for a year
Messuage farm etc Pantysgawn 50a + messuage etc called Penystare 40 covers messuage etc PG + Lanvair Kilgeddin
66 – 8th December 1832
£3000 Pantysgawn + Penystare 120a PG and Lanvair
67 – 24th August 1834
Lease for a year
Messuage several closes of land 60a PG also messuage several parcels land 30a PG
68 – 25th August 1834
Release
£1947.19.2 as above
69 – 2nd December 1834
Certificate of commission for the deeds of married woman
To a deed 25th August 1834
70 – 26th January 1835
Appointment of assignment
71 – 28th Jan 1835
Mortgage
£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 – 25th May 1835
Further charge
£1500 messuage etc Pantysgawn
73 – 20th September 1836
Messuage farm etc Pantysgawn 50a messuage etc called Penystare 40 covers etc 120a PG and Lanvair
£4500
74 – 29th September 1838
Messuage with garden several closes land 3a 2r 10p PG
75 – 18th January 1842
Mortgage
Cottage and garden 30p parcel of land 2a 2r 10p
£25
76 – 14th June 1842
Conveyance
£150 parcel of land 262 x 68 x 61 ft part of a farm called Pentre Bach PG with a messuage built thereon
77 – 3rd January 1845
Further charge and mortgage
£500 messuage farm etc called Pantysgawn messuage etc called Penystare also Penycauseway parish of Abergavenny
78 – 9th September 1847
Transfer of mortgage
£2000 messuages – Pantysgawn – Penystare- Penycauseway
79 – 30th October 1848
Mortgage
£38 cottage and garden 30p parcel land 2a 2r 10p PG
80 – 9th November 1853
Conveyance
81 – 7th March 1850
Mortgage
£700 messuage several closes land 38a 1r 27p PG also messuage several parcels land 22a 38p PG
82 – 5th Feb 1856
Mortgage
£120 parcel land 262 etc farm called Pentre Bach together with messuage
83 – 24th April 1856
Transfer of mortgage
£1400 messuage close of land 3a 1r 27p PG also messuage several parcels land 22a 38p PG
84 – 9th March 1858
Conveyance
£1501 9s as above
85 – 30th March 1858
Mortgage
£1300 as above
86 – 24th March 1829
Transfer of mortgage
£2000 messuage etc Pantysgawn-Penystare etc
87 – 24th May 1859
Lease
Close of land 2a 3r 35p also 3 closes land 8a 2r 27p also parcel land called Ty Bach y Burcwm
88 – 25th October 1859
Conveyance
£80 dwelling house garden and 5a
89 – 25th March 1860
Lease for 3 lives
Cottage 4 closes land 4a 32p
90 – 18th December 1860
Mortgage
£1466 13s 4d same details as before
91 – 25th March 1861
Lease
92 – 6th May 1861
Conveyance
£920 262 ft etc as before
93 – 6th May 1861
Mortgage
£300 parcel land etc 262 Pentre Bach
94 – 21st September 1861
Lease
Ruins of a cottage 11 closes land 12a 3r 25p
95 – 31st July 1865
Mortgage
Messuage and several closes land 120a 23p (113a 2r 21p) PG and LK
£1547 12s 9d
96 – 5th July 1869
Deed of exchange
3 closes of land 9a 2r 19p
5 closes land 11a 28p
97 – 12th August 1869
Grant
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
8th 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 – 1st 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 – 7th August 1954
Land tax redemption certificate
£1 6s 1d
Concerning the above premises
112 – Goytre House 1st 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 2nd September 1960
Agreement (c/part)
To let parcels of land situate in PG and Mamhilad containing 22a adjoining Goytre House from 2nd February 1960
£40 pa
Mon CC to Florence May Hamer
120 – Land adjoining Goytre House 20th 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 2nd February 1969
Rent £55 pa
Mon CC to Robert Alfred Hamer Goytre House Farm
122 – 2nd 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
2nd July 1976 – Tenancy agreement of the Lodge Goytre
129 – Goytre House
25th October and 15th November 1979
Correspondence relating to boundary line at Goytre House
130 – Goytre House
18th December 1981 – Copy letters and plan re tenancy to drive
T64
Miss Charlotte Bird –
1820 – July 20th – Paid for you at Bromley as per Mrs Chalklen’s account 12 19 6
1821 – March – Paid for piano forte to Mr Phillips 10 00 0
1822 – September – Cash to go to Aberayron 11 00 0
December – Stamp for transfer of Midland Shares 2 0 0
50 19 6
December 25 – To 1 share in the Mon’shire canal transferred to you 170 00 0
To remain in balance of your share of the property listed In the land by mortgage £512 10 11
£682 10 11
Total sum paid to you and received in the land £733 10 5
It appears by the above account that I have the sum of £512-10-11 of your money in the land for which you have a joint mortgage with your mother, Lucy, Fanny and Maria and the interest I have to pay your mother for you on this sum of £512-10-11 at five pounds per cent per annum amounts to £25-12-6 a year which I shall continue to pay to her on your account till forbid by you to do so.
Henry Bird