DEEDS OF FIRBANK
1902 - 1924

The main part of the Deeds, presumably with the present owners, have not been consulted. The following documents were once part of the deeds to Firbank but were retained in a box by the late Mrs Sylvia Barr when she sold the property in 1979. When Mrs Barr died the box was passed on to her daughter Ann. Images have now (2016) been made of them and they are here available to the public.
Transcribed by Bryant Bayliffe and Julian Rawes, October 2016.

  • Fir001: dated 1902 - Schedule.
  • Fir002: dated 1904 - Repairs.
  • Fir003: dated 1916 - Abstract of title.
  • Fir004: dated 1904 - Agreement.
  • Fir005: dated 1907 - Letter from Samuel Towers.
  • Fir006: dated 1909 - Letter from Samuel Towers.
  • Fir007: dated 1916 - Schedule of property.
  • Fir008: dated 1916 - Freehold particulars.
  • Fir009: dated 1916 - Freehold particulars.
  • Fir010: dated 1916 - Sale advertisement.
  • Fir011: dated 1916 - Sale advertisement.
  • Fir012: dated 1916 - Conditions of Sale.
  • Fir013: dated 1916 - Requisition on title.
  • Fir014: dated 1916 - Requisition letter 1.
  • Fir015: dated 1916 - Requisition letter 2.
  • Fir016: dated 1916 - Tenancy letter.
  • Fir017: dated 1916 - Conveyance.
  • Fir018: dated 1916 - Trustee document.
  • Fir019: dated 1916 - Relating to Will of Mr Adams.
  • Fir020: dated 1916 - Fire Insurance letter.
  • Fir021: dated 1916 - Increment value duty.
  • Fir022: dated 1919 - Death of G. Ellis Garrard.
  • Fir023: dated 1921 - List of payments.
  • Fir024: dated 1923 - Bill from Mr Meades, builder.
  • Fir025: dated 1979 - Sale particulars.
  • Fir001:         Schedule of documents relating to Firbank, 1902. Note that the deeds referred to here are not available.

    [Cover page (fir001a):]

    1902

    The Equitable Reversionary
    Interest Society Ltd.

    to

    Mr W. H. Adams.

    Schedule
    Of deeds & documents
    handed over to
    Purchaser

    ===============

    C. W. F. Clinton
    Worcester

    [fir001b:]

    Received this 29th September 1902 of The
    Equitable Reversionary Interest Society Limited the
    Following deeds and documents

    24 Janry 1843 Indenture of Settlement of this date made between
    Amelia Meads of the 1st part Edmund Thomas
    Husbands of the 2nd part and the Reverend Frederick
    William Hohler and William Hill of the 3rd part.

    27 Decr 1872 Indenture of this date made between Robert Evan
    Meads Husbands of the one part and Samuel
    Wood Fisher of the other part.

    12 March 1873 Indenture of this date made between the said
    S. W. Fisher of the 1st part the said R. E. M. Husbands
    Of the 2nd part and The Equitable Reversionary
    Interest Society Registered and Incorporated under
    The Joint Stock Companies Act 1856 of the 3rd part

    18 January 1873 Indenture of this date made between Edmund
    Thomas Tibbetts Husbands of the one part and
    The said S. W. Fisher of the other part.

    19 April 1873 Indenture of this date made between the said
    S. W. Fisher of the 1st part the said E. T. T.
    Husbands of the 2nd part and The Equitable Reversionary
    Interest Society Registered and Incorporated under
    the Joint Stock companies Act 1856 of the 3rd
    part.

    15 March 1873 Indenture of this date made between John
    Frederick Husbands of the one part and the
    Equitable Reversionary Interest Society Registered and
    Incorporated under the Joint Stock Companies Act.
    1856 of the other part.

    1 Octr 1875 Indenture of this date made between the said
    J. F. Husbands of the one part and the said
    Society of the other part.

    25 Augt 1902 Receipt for Succession duty on the death of

    [fir001c:]

    the said E. T. Husbands

    2nd May 1902 Indenture of this date made between William
    Alexander Hill of the one part and the Equitable
    Reversionary Interest Society Limited of the other part

    1902 Abstract of Title

    -- Augt 1902 Particulars of Sale & Original Contract

    [29th] Septr 1902 Conveyance The Equitable Reversionary Interest Society
    Limited to Mr W. H. Adams.

    Duplicate Schedule

    [24]th June 1816 Conveyance Frederick Haines & James Hill Trustees of W. H. Adams
    deceased to Anne St William Dunning (with Memo thereon)

    I acknowledge to have received the before
    Enumerated Title deeds and Writings from
    Mr. C. W. F. Clinton.
    Dated the 4th day of October 1903

    Received the above deeds & documents
    of Title including the Conveyance of the 24th
    June 1916 on completion by me of purchase
    of property known as “The Orchard” Harvington
    this 24th June 1916

    E. W. Bunting [signed]

    Fir002:         1904. Repairs to the house.

    [fir002a:]

    January    Mr W. H. Adams
    23rd 1904  D’r to William Davis
               --------------
               For repairs to House at Harvington   £   s   d
               as per estimate                      35  10  6
               Taking up paving and refixing round
               pump and fixing trough                    4  6
               Mortar and bricks                         1  6
               1 Rim lock for front door                 2  6
               1 new Pleated Stock lock for Celler       2  0
               Carpenters time repairing front door
               Putting on new locks fixing
               New mene window                           4  4
               Span of glass & fixing for ditto             3
               & front for Oven Grates                   6  0
               Repairing stairs                          3 11
               Whitewashing rooms                    1   0  0
                                 
                                                   £37  15  6
              Deduct for one flight of steps         1   0  0
                                                   ----------
                                                    36  15  6
                Paid  March 17th 1904
     
          Two Halfpenny Stamps [overwritten] Wm Davis £36-15-6.
    

    [fir002b:]

    Specification and Estimates of cost for repairing farm house at Harvington for Mr W. H. Adams

    No.1 Bedroom
    Clean off the walls and ceilings stop
    up and repair the plastering distemper ceiling
    size and paper walls. Cash Price 6d per piece
    Paint the door and windows with two coats of paint.

    No.2 Bedroom
    Provide and fix a wood partition on
    one side of room for new rafter over window sash
    and plaster same. Clean off ceiling and walls
    stop up and repair ceiling and walls distemper
    same paint the door and window with two coats
    of oil paint repair the floor glight[?].

    Landing
    Brick up panes for new rafters lath and
    plaster same to ceiling & clean off ceiling and
    walls and distemper same.

    Staircase
    Clean off repair walls and ceilings and
    distemper same provide and fix new hand
    rail to stair.

    Parlor
    Clean off walls and ceilings and repair the plaster
    Size the walls and paper same price at 6d per piece
    distemper ceiling take out the grate and reset

    [fir002c:]

    Living room
    Provide and fix a new oven grate
    complete price £24. Cut out beam over
    and make good. Clean off plaster to walls and
    ceilings repair and make good same distemper
    ceiling size and paper walls price per piece 6d
    Paint the doors and window with two coats of
    Oil paint provide and fix a wood support under
    beam Clean off the stone floor and point up in cement.

    Front Passage
    Clean off the walls repair the plaster distemper
    the ceiling and center walls clean off the stone floor
    and point up in cement paint the door in two coats
    and sterling.

    Passage to Celler
    Repair the plaster and whitewash out
    side celler door and repair the step.

    Kitchin
    Repair the plaster to walls and ceilings clean
    off the walls and ceiling & whitewash and Center out
    Paint the doors windows and ceiling with
    two coats of paint.

    Washhouse
    Provide and set a 12 gallon furnace complete
    Provide a fix a stone where sink and connect
    The same into drain outside and repair
    the window

    [fir002d:]

    Pantry
    take down part of ceiling for new joist
    lath and plaster same and whitewash out
    for one new set of 11 x 1 deal shelves as arranged
    take down the old stairs and fix a pair of deal
    steps.

    Build a new wood closet in the shed with door
    seat and riser Complete board top of same
    and supply pan cut out and form door
    out of Washhouse and make good.

    Outside of House
    repair the Kitchin Chimney
    and fix top courses with blue bricks in cement
    examine the Parlor chimney and stop the
    smoke from coming out refix front step and
    and make good repair the whole of the old plaster
    and make good [------] whitewash and black
    the timber framing point up the woodwork in Cu[—-]

    Garden
    Clean off and paint with two coats of oil
    paint all woodwork to the windows and
    doors the front door to be burnt off and to
    have No.2 Coats and repair glass in windows.

    I estimate the above mentioned work
    to cost the sum of £35 - 10s - 6d

    [fir002e:]

    Work not mentioned in the specification
    not included in the Contract
    price sent in to Mr Adams
    Pave the Closet floor with
    bricks grouted in and form
    step from the washhouse for at
    back of the Closet perferated open
    to form Ventilation The timber
    for support in Living room
    to be 3 x 5½ red deal.

    William Davis

    January 20th 1904

    [fir002f:]

    Estimate of Cash for pathway
    in open Fire Place in Kitchin
    fixing new boarding the whole
    length of shed and the one
    end of above Brick Wall brick
    up to No 2 Panes in the Cart Shed and
    repair the remainder whitewash
    and black the timbers on the
    east side of the shed for new
    Manger in Cow Shed for the
    Sum of £5 10s 0d.

    William Davis

    Feb 26th 1904

    Paid March 17th 1904
    One Penny Stamp
    [overwritten] W Davis
    £5 10s

    [fir002g:]

    Received from Mr W. H. Adams
    of “The Cottage” Swan Lane, Evesham
    the sum of Forty two pounds
    five shillings and six pence,
    on account of the repairs to two
    cottages and two sheds and putting
    in and fixing a manger in another
    shed. The said cottages and sheds
    being situated at the lower end of
    Harvington near Evesham.

    Dated this 17th day of
    March one thousand nine
    hundred and four.

    Paid March 17th 1904
    One Penny Stamp
    [overwritten] Wm Davis.

    Fir003:         Abstract of title dated 6th March 1916. This document has been extremely difficult to transcribe due to the hand writing and constant unusual abbreviation. Normally we would transcribe as is but to enable the reader's understanding of the document we have normallised many words. Due to above stated difficulties mistakes in our transcription will be found.

    [fir003a:]

    [reverse centre:]
    1916 - draft

    Abstract of the Title
    Of Messres Fred’k Haines & James
    Gill Trustees of the Will of William
    Hurd Adams late of Harvington
    in the Coy of Worcs Fruit
    Grower dec’d to a freehold house
    land & leases situated at Harvington afsd

    G Allis Garrard
    Evesham

    [reverse on side:]
    of that his Will & Testa’s deceased & beq’d all his real & p’sonal est’s
    not thereby or otherwise disposed of unto his trustees Upon trust as to his
    real estate site at Harvington aforesd that his trustees should sell
    call in & convert into money the same & apply the proceeds as
    then mentioned.

    1916 March 6. The sd W. H. Adams the Trustee died
    1916 Will proved in District Probate Reg’y at Worcs by both
    Said Ex’rs.

    [Fir003b:]

    Abstract of Title of Messres Frederick Haines & James
    Gill Trustees of the Will of William Hurd Adams
    late of Harvington in the Coy of Worcs Fruit Grower dec’d
    to a freehold house land & hereditaments situate
    at Stogton in the Coy of Worcs.

    1902 Septr 29
    By Indenture of this date made between The Equitable Reversionary
    Interest Society Ltd whose registered address was at No. 10 Lancaster Place Strand
    in the Coy of London (hereinafter called “the Socy”) of the one part & the sd
    William Hurd Adams herein described as of Hill View, Badsey in the Coy of
    Worcs afsd Farmer of the other part.

    Reciting that the Indenture dated 24th Jany 1843 and made between Amelia Meads of
    1st part Edmund Thomas Husbands of the 2nd part & The Rev’d Frederick
    William Hohler & William Hill of said pt After reciting that sd
    Amelia Meads was seized of a freehold messuage lands & premises
    at Harvington afsd therein dec’d & free from incumbrances And that a
    marriage was intended to be solemnized between the sd E. T. Husbands
    & A. Meads & in conson contemplation thereof it had been agreed that
    the several freehold estates messuages & lands & premises of the sd A. Meads should
    be settled in manner hereinafter contained. It was ---ued[?] that in p'ense[?]
    of pre---[?] & in edu---[?] & contemplation of sd intended manner the sd
    Meads (with consent & concurrence of sd E. T. Husbands) Did grant
    bargain sell & release unto sd F. William Hohler & Wm Hill & their
    heirs (inter alia) All that messuage & tenement & farmhouse cottage farm held as
    closes pieces as parcels of arable meadow & pasture land or ground
    & orcharding containing in the whole by ad-------[?] 63a 2r 10p or
    thereabouts like at Harvington in the Coy of Worcs & thereas the respective
    occupation of John Ingram & Benjamin Bomford in tenancy thereof To hold
    the same unto sd F. W. Hohler & Wm Hill their heirs & assigns for ever
    upon trust for sd A. Mead during her life & after decease of the sd A.
    Meads upon trust for sd E. T. Husbands for his life with rent to
    All & every such one or more children or child afsd manner who
    should attain the age of 21 yrs as tenants in common.

    And reciting sd intended marriage before sd Amelia Meads & E. T. Husbands
    was duly solemnized & there were 3 children only namely Robert Evans
    Meads Husbands, Edmund Thomas Tibbetts Husbands & John Frederick
    Husbands who attained 21

    And reciting sd A Husbands (formerly A. Meads) died 19th Janry 1858
    without ever being made any appt’mt under power reserved in
    sd Settlement.

    And reciting by Indenture of Conveyance dated 27th Decr 1843 & made before
    sd C. E. M. Husbands of the one part & Samuel Wood Fisher of or if in
    consideration of £125 pd by sd S. W. Fisher to sd A. J. T. Husbands to
    sd T. E. M. Husbands conveyed unto sd S. W. Fisher. All the reversionary
    1 /3 pd of the sd messuage building land & leases subject to a previso
    For redemption upon repayment of sd £125 with interest.

    And reciting by Indenture dated 12th March 1873 made between sd S. W. Fisher

    [fir003c:]

    of 1st part & A. E. M. Husbands of 2nd part & sd Socy (taken to a --- --- )
    of 3d part In consideration of £125 paid by [the] Society to sd S. W. Fisher & of
    £390 pd by the Society to sd T. A. M, Husbands They sd S. W. Fisher & T. E. M.
    Husbands according to the respective trusts & wills conveyed unto the Society their
    heirs? & assigns absolutely All the reversionary 1/3 part afsd R. E. M. Husbands
    of & a the sd messuages leases lands hereditaments

    And reciting by Indenture of 18th January 1843 & made between sd E. T. Tibbetts
    Husbands of one part & sd S. W. Fisher of one part in consideration of £150 paid
    by sd S. W. Fisher to sd E. T. T. Husbands sd E. T. T. Husbands did
    convey unto sd S. W. Fisher All the reversionary 1/3 part of & in the sd
    messuages buildings land & hereditaments subject to a proviso for redemption
    upon repayment of £150 & interest.

    And reciting by Indenture dated 19th April 1873 & made between sd
    S. W. fisher of 1st part sd E. T. T. Husbands of the 2nd part & the Society of
    3rd part. In consideration of the £50 pd by the Society to sd S. W. Fisher & £365
    paid by [the] Society to sd E. T. T. Husbands Sd S. W. Fisher & E. T. T. Husbands
    According to the respective estates & which conveyed unto [the] Society the
    successors & assigns absolutely All the reversionary 1/3 part of him[?] sd E. T. T.
    Husbands of & in sd buildings lands & hereditaments.

    And reciting by Indenture dated 15th March 1873 & made between
    said J. F. Husbands of one part & Socy of other part In consideration of £2076?
    paid by [the] Socy to said J. F. Husbands said J. F. Husbands conveyed
    unto Socy the successors & assignes All the reversionary 1/3rd part afsd J. F.
    Husbands of & in sd Messuages buildings lands & hereditaments subject to a
    proviso for repurchase as then stated

    And reciting by Indenture dated 1st Octr 1875 & made between J. F.
    Husbands of one part & the socy of other part the conson of £100
    paid by Socy to said J. F. Husbands said J. F. Husbands released unto
    [the] Socy their successors & assigns the power reserved of repurchasing the
    reversionary 1/3 part of the sd Messuages & hereditaments granted & conveyed to
    the Society & it was decided [decreed?] that sd reversionary 1/3rd part of said presents?
    who'd remain vested in [the] Society their successors & assigns absolutely

    And reciting sd F. W. Hohler died 17th July 1871 & sd S. W. Fisher
    died 23rd January 1882.

    And reciting sd W. S. Hill by his Will dated 28th August 1855 &
    proved in District Registry at Gloucester on 13th May 1882 applied
    to son William Slack Hill his sole Executor.

    And reciting sd E. F. Husbands died 4th February 1902

    And reciting by Indenture dated 3rd May 1902 made between sd W. S.
    Hill of one part & the Society on [the] other part afsd reciting that sd W. S.
    Hill as per usual rep--- of sd W. Hill who at date of his death

    [fir003d:]

    [fir003e:]

    as the sole surviving heir of the herebefore recited settlement had at the
    request of the Socy agreed to execute a Conveyance to them In consideration of
    promises[?] sd W. A. Hill thereby conveyed unto the Socy in fee
    simple All the hereditaments & premises mentioned & referred to in the before
    recited Indenture of Settlement of the 24th January 1843.

    And reciting [the] Socy was incorporated on 28th May 1879 as a
    Limited Company.

    And reciting a portion of sd hereditaments & premises comprised in sd
    Settlement dated 24th January 1843 namely 40 acres 2 roods 34 perches or thereabouts was
    on 21st July 1902 sold to sd B. Bomford.

    And reciting the Messuages & premises thereafter mentioned & intended
    to be thereby conveyed were with said lands[?] containing 12acres 2 roods 16 perches.
    put up for sale by Auction on 11th August 1902 & sd W H. Adams
    was declared highest bidder for and became purchaser thereof being Lot 1
    at such sale at £1010.

    It was witnessed that in consideration of £1010 then paid by sd W. H. Adams
    to the Society (the reel[?] a----)
    The Society as beneficial owners thereby conveyed unto sd A. H. Adams
    & his heirs

    All that messuage buildings yard garden & premises situated &
    being in parish of Harvington in Coy of Worcester & being
    Lot 1 at said Sale & containing in all 10 acres 3 roods 3 perches or
    thereabouts (which to go with Lot 2 formed residue of Land
    & Tenements & referred to in above recited Indenture
    of Settlement of 24th January 1843) all which said residue
    hereditaments & premises were described in Schedule hereunder had
    & were more particulary delineated in the plan drawn
    in fold of abstracting presents & thereon coloured pink.

    To hold said unto & to the afsd W. H. Adams in fee simple

    The Schedule above referred to

    As on Map   Description               A   R   P
    Parcel 135  Houses Buildings Yard
                                 & Garden 0   1  23
           151  Pasture Orchard           3   0  23
           150  The Meadow                1   3  35
           149  Garden land with Fruit 
                           Plantation     5   1  26
                                          ---------
                                         10   3  27
                                          ---------
            Executed by Equitable Reversionary Interest
            Society Ltd by aff---- Common Seal
            In presence of ------- & Sec.
    
    1916 Feby 16th. By his Will of this date said W. H. Adams appointed sd
    Frederick Haines of Queenhill Evesham in the Coy of Worcs, Fruit
    Merchant & James Gill of the parish of Norton & Lenchwick in the Coy of
    Worcs afsd Farmer (hereinafter called his Trustees) to be executors & trustees

    Fir004:         Agreement dated 1904.

    [Fir004a:]

    [Title Page]

    Dated 23rd December 1904

    Mr W. H. Adams
    --- with ---
    Mr G. Ellis Garrard
    -----------------

    Agreement

    --------------

    for tenancy of a small strip
    of land situate at Harvington
    in the County of Worcester
    as an addition to a Fowl run

    ----------------

    [Fir004b:]

    [embossed stamp] six pence. Evesham 29 Dec 1904 [in pencil]

    Memorandum of Agreement
    Made and entered into this twenty third day of
    December one thousand nine hundred and
    four. Between William Hurd Adams of
    Harvington in the County of Worcester Market
    Gardener of the one part and George Ellis
    Garrard
    of the same place Solicitor of the
    Other part.

    The said William Hurd Adams agrees to let
    unto the said George Ellis Garrard who hereby agrees
    to take as Tenant thereof All that piece of land
    situate at Harvington aforesaid forming a ditch and
    bounded upon one side by a messuage and
    premises belonging to the said William Hurd Adams
    and the greater portion of which are now in the occupation
    of Thomas Driver as tenant thereof and bounded on
    the other side by the garden in the occupation of
    the said George Ellis Garrard at the yearly rent
    one shilling payable upon the twenty ninth day
    of September in every year the first payment
    of one shilling to be due and payable upon the
    twenty ninth day of September one thousand nine
    hundred and five.

    And the said William Hurd Adams agrees
    to allow the said George Ellis Garrard to use the
    said piece of land as an addition to his the said
    George Ellis Garrard’s Fowl run, and the said
    William Hurd Adams agrees to allow the said Geoge
    Ellis Garrard to enclose the said piece of land
    with Wire Netting but no nails Pegs or Staples
    are to be driven into the Walls of the said messuage
    and premises belonging to the said William Hurd
    Adams.

    [Fir004c:]

    [1st line missing due to copying error]
    Six calendar months notice of his wish or intention
    to terminate the same such notice to expire upon the
    Twenty ninth day of September in any year.

    As witness the hands of the parties

    Wirness to the Signature )
    of the said William Hurd ) W. H. Adams [signed]
    Adams                             )
    Chas H Martin
    Clerk to Mr G Ellis Garrard
    Sol’r Evesham

    Witness to the Signature )
    of the said George Ellis ) G. Ellis Garrard [signed]
    Garrard                  )
    

    Chas H Martin

    Fir005:         Letter from Mr Towers dated 1907.

    [fir005:]

    Firbank
    Harvington
    Evesham

    Feb 6/07

    The Porch of rough oak
    and thatch, created by me
    at my own expense, over
    the door of the above
    premises, shall hereafter
    be considered as part of
    the said premises, and the
    property of the landlord
    and I hereby undertake
    not to disturb or remove
    the same in the event
    of my tenancy being
    determined either by
    myself or the landlord
    (Mr Adams)

    Samuel Towers [Signed]

    Fir006:         Letter from Mr Towers dated 1909.

    [fir006:]

    Firbank
    Harvington
    Nr Evesham.

    August 6th 1909

    Dear Sir,
    The three years lease of
    the above premises which
    I now hold of you, and
    which expires this day. I
    will continue to occupy the
    said premises at the same
    rental my tenancy to be
    determined by six months
    notice expiring on the
    6th day of August 1910, or on
    the same day of any following
    year such notice being
    given either by you as landlord
    or by me as tenant.

    Yours faithfully

    W. H. Adams, Esq. Sam’l Towers

    Fir007:         Schedule of property dated 1916.


    William Hurd Adams, deceased who died on the 6th day of March 1916.

    1 Dwelling house known
    as 'The Orchard' with
    garden and meadow
    land belonging thereto
    containing altogether
    10a 2r 32p situate at
    Harvington Worcestershire.
    Sold by Public Auction 15th May 1916 for 2325.
    2 Cottage known as
    'The Bank' & garden
    belonging thereto
    containing altogether
    about quarter of an acre
    (Cottage occupied by
    Mr S Towers at £10 10
    p a landlold paying rates.
    Sold by Public Auction 15th May 1916 for 260
    3 Cottage & tenements in
    South View Terrace
    Badsey, Worcestershire
    Tenant & sp[---]ous
    As per profesional valuation No.219
    200
    4 Do N H Churchill Do No.220
    195
    5 Do Savage (late Brooks Do No.221
    195
    6 Do F Marshall Do No.222
    195
    7 Do Louffin Do No.223
    195
    8 Do Vincent Do No.224
    200

    James Gill
    Fred'k Hawes

    Fir008:         Freehold particulars dated 1916.

    Duplicate of Fir009.

    Fir009:         Freehold particulars dated 1916.

    Fir010:         Sale advertisement dated 1916.

    Fir011:         Sale advertisement dated 1916.

    Fir012:         Conditions of sale dated 1916.

    [Fir012a:]

    [Title Page]

    Messres Frederick Haines and
    James Gill
    ----- to -----

    Conditions of Sale
    (Including the Common Form Conditions
    of the Birmingham Law Society)

    of Freehold Dwelling house and
    land known as “The Orchard” and
    Cottage and Garden known as “Fir
    Bank” at Harvington in the County
    of Worcester.

    ----------------------------------------

    Entered at Stationers’ Hall

    ------------------------------

    Printed by Hudson & Son,
    and Published for the Birmingham Law Society, by
    Parsons and Son, 37 Bennett’s Hill, Birmingham

    G. Ellis Garrard
    Evesham
    3/1/09

    [Fir012b:]

    PARTICULARS AND CODITIONS OF SALE

    of Freehold Property (Lots 1 and 2) to be
    sold by Auction at The Kings Head Hotel Evesham
    On Monday the 15th day of May 1916

    Particulars
    (as annexed)

    [Fir012c:]

    [left side:]
    [Mostly printed material concerning Special Conditions. Hand written is:-]

    Messrs E. G. Righton & Son of Evesham
    Mr. G Ellis Garrard
    Deposit of £10.
    purchase to be completed on 24th June 1916
    at the vendors solicitors in Evesham
    Abstract to be delivered on 22nd May 1916
    Objections within 5 days
    Replies within 3 days
    Draft assurance by 14 days
    Engrossment within 7 days

    The title shall commence as to both lots with an Indenture dated the 29th day of
    September 1902 and made between The Equitable
    Reversionary Interest Society Limited of the one part
    and William Hurd Adams of the other part being a

    [right side:]
    Conveyance on sale to the said W. H. Adams in fee simple free from
    encumbrances, and all recitals or statements therein contained shall be
    accepted and taken as conclusive evidence of every fact matter or thing
    therein recited stated or implied.

    11. The portion of the occupation cart road which runs over Lot 2, as shown
    on the plan, shall be conveyed to and vested in the Purchaser of Lot 1 for the
    joint use of the owners and occupiers for the time being of Lots 1 and 2. The
    varying widths and direction of the said road shall be as at present used
    and set out, and the Purchaser of Lot 2 shall not at any time hereinafter
    erect a fence on either side within 6 feet of the centre of the said Road,
    except upon the site of a now existing fence. The cost of
    maintaining such portion of the said occupation cart road as aforesaid
    shall fall as to three fourths thereof on Lot 1, and as to one fourth
    thereof on Lot 2.

    12. The Purchaser of Lot 1 shall pay in addition to his purchaser
    money for the tenant’s fixtures in and about the Dwellinghouse
    comprised therein the sum of £5 : 14 : 6 and the Purchaser of Lot 2
    shall pay in addition to his purchase money for the crops and
    produce in the garden comprised therein the sum of £1 according
    to the respective valuations made by the Auctioneers and produced at
    the time of sale.

    13. Each purchaser shall with his deposit, and in addition to his
    purchase money, pay the following fees, namely In respect of Lot 1 an
    Auction fee of Three guineas and a Contrast fee of Three guineas, and
    in respect of Lot 2 an Auction fee of One guinea and a Contract fee of
    One guinea.

    [Fir012d:]

    Printed material

    [Fir012e:]

    [Only the right hand page has been transcribed here]
    THE CONTRACT

    This agreement made the 16th day of May 1916
    Between Frederick Haines of Greenhill Evesham in the
    County of Worcester Fruit Grower and James Hill of the
    parish of Norton and Lenchwick in the County of Worecester
    aforesaid Farmer
    (the vendors) of the one part, and Ernest William Bunting
    of Norton and Lenchwick aforesaid Gentleman
    (the purchaser) of the other part, Witnesseth that the said Ernest William
    Bunting

    [printed material with] Three hundred and twenty pounds

    As witness the hands of the parties [stamp with signature overwritten:] E.D. Autry[?]

     
    Purchase money  £2325
    Deposit paid      232 10
                    --------
    Balance payable £2083 10 and 
                    £5 14 6 as per valuation of fixtures
    

    [More printed material plus totals etc.]

    [Fir012f:]

    This agreement made the 16th day of May
    1916 Between Frederick Haines of Greenhill Evesham in
    the County of Worcester Fruit Grower and James Hill of the
    parish of Norton and Lenchwick in the County of Worcester
    aforesaid Farmer (the Vendors) of the one part and
    Herbert Mason of Edgbaston in the City of
    Birmingham Gentleman
    (Purchaser) of the other part Witnesseth that the said
    Herbert Mason
    is the highest bidder for and the purchaser of the property
    described (as Lot 2) in the Particulars above appearing at
    the price of Two hundred and sixty Pounds
    on the terms of the special and common form condition
    above contained.

    And the above named parties agree to complete the said
    sale and Purchase according to the said conditions

    As Witness the hands of the parties

    Purchase money   £260
    Deposit paid       26
    Balance payable  £234 and £1 as per
    valuation of crops and produce
    Received on the above mentioned date from the above
    named purchaser the sum of Twenty six pounds the deposit on the
    said purchase and two guineas fees.

    Smith & Roberts [signed above stamp]

    agents for & on behalf
    of the Purchaser

    Abstract of Title to be sent to
    Vendors Solicitors (as stakeholder)

    [Fir012g:]

    The Firs
    Harvington

    Valuation of Pototoes in Garden to be taken to
    by the purchaser of Lot 2.
    May 15th 1916 Potatoes
    We value the above at the Sum of
    One Pound

    £1 0 0

    E.M. Righton & Son
    Auctioneers & Valuers
    Evesham

    [Fir012h:]

    The Orchard
    Harvington

    Inventory of Fixtures to be taken by the Purchaser
    of Lot One May 15th 1916

    Dining Room Shaped brass curtain pole and rings 16ft
    Brass do 6ft
    Five spring roller blinds and fittings

    Drawing Room Three spring roller blinds & fittings
    A 9ft 6in white enamelled cornice pole rings &
    brackets
    A 4ft ditto

    Breakfast Room Spring roller blind & fittings
    Bamboo cornice pole rings & brackets.

    Front Bedroom 8ft white enamelled cornice pole rings & brackets
    4ft do do
    Three spring roller blinds & fittings

    Bedroom No.2 A 9ft white enamelled cornice pole rings &
    brackets
    Five spring roller blinds & fittings

    [Fir012i:]

    Landing Spring roller blind & fittings. Bamboo curtain pole

    Bedroom No.3 Spring roller blind. Bamboo curtain pole

    Bedroom No.4 Spring roller blind & fittings. Bamboo curtain pole

    We estimate the value of the foregoing
    Items at the Sum of Five Pounds, Fourteen
    Shillings and six pence

    £5 14 6

    E.M. Righton & Son
    Auctioneers & Valuers
    Evesham

    Fir013:         Trustee document dated 19th May 1916.

    [Fir013a:]

    1916

    Adams Trustees

    to

    Mason

    "Fir Bank" Harvington

    copy

    Requisition on Title

    Smith & Roberts
    Evesham
    G. Ellis Garrard
    Evesham

    [Fir013b:]

    Adams Trustees to Mason

    "Fir Bank" Harvington

    Requisitions on Title Replies
    1. A certificate that all Estate and
    other duties payable in respect of
    the property on the death of William
    Hurd Adams deceased must be
    produced and the same on a copy
    thereof handed over to the Purchaser
    on completion of the Purchaser
    1. Yes.
    2. We presume that the abstracted
    Indenture of September 29th 1902
    will be retained as it relates to other
    property. Who will give the usual
    acknowledgement for production and
    delivery of copies and undertaking
    for safe custody thereof? All deeds
    and documents relating solely to
    this Lot should be handed over to
    the Purchaser on completion. Are
    there any such deeds and documents?
    All Deeds & documents relating to
    both Lots 1 & 2 which will not be
    handed over to the Purchaser of Lot
    2 should be included in any such
    acknowledgement as aforesaid. Please
    give list of any such deeds.
    2. The abstracted Indenture of 29th Sept
    1902 will be handed to the Purshaser of
    Lot 1 after completion of purshaser of Lot 2
    The Vendors will give the usual
    acknowledge, but no undertaking for
    safe custody. There are no deeds or
    docs relating solely to Lot 2. The
    Purchaser cannot call for an acknmt
    in respect of any other deeds or docs.
    3. We understand that there is a written
    agreement with the tenant. If there is
    so a copy thereof should be supplied
    and the Counterpart thereof handed
    over on completion.
    3. The Vendors are not aware of any
    written Agreement with the tenant.
    4. Probate of the Will of the said W. H.
    Adams must be produced on completion
    of the the purchase.
    4. This shall be done.
    [Fir013c:]

    5. Is there any tithe land tax tithe
    rent charge or any other periodical
    payment payable in respect of the
    property other than the usual rates
    and taxes? If so please give full
    particulatrs thereof.
    5. None that the Vendors are aware of
    but see special condition 4.
    6. All rent sales and taxes must be
    discharged or apportioned up to the
    date of completion.
    6. Yes.
    7. Have any notices been served by
    the Local Sanitary Authority in respect
    of any nuisance or nuisances on the
    premises within the Public Health Acts
    and not yet complied with? Has the
    village water scheme been yet connected?
    7. None that the Vendors are aware
    of.
    8. To whom do the walls and fences
    adjoining the property belong? Are
    any of them party walls or fences?
    8. The fences separating Lots 1 and 2
    belong to Lot 1 see plan attached to
    Conditions of sale. The Vendors cannot
    say as to the other boundary walls or
    fences.
    9. Are there any rights of way air water
    light drainage or any other rights or
    easements affecting the property not
    disclosed by the Abstract or Condition
    of sale?
    9. Not that the Vendors are aware of; but
    see special Condition 4.
    10. Is the property insured against loss
    or damage by fire? If so in what
    office and for what sum and will
    the Vendors hold the policy of such
    Insurance as Trustees for the purchaser
    pending completion? If the property is
    also insured against loss or damage
    by aircraft please give full particulars.
    10. The property is insured with other
    the Purchaser should insure
    himself.
    11. The Vendors will of course obtain
    the Conveyance to the Purchaser
    impressed with one of the Stamps
    mentioned in Sec.4 (3) of the Finance
    (1909 10) Act 1910 prior to completion.
    11. Yes.

    12. Has any claim been made
    against the property for Undeveloped
    Land Duty? The Vendors should
    give an undertaking to discharge
    any such duty if and when
    demanded and a sum should be
    retained out of the purchase money
    pending payment.
    12. No. This undertaking is
    unecessary & will not be given. The
    Purchaser cannot call for a sum to be
    retained as suggested.
    13. Please give full particulars of the
    Provisional valuation of the property
    contracted to be sold.
    13. Lot 2, was not separately valued; but
    was including in the same Provional
    valuation with Lot 1.
    14. The Purchaser reserves the right of
    making such further Reequisitions
    and objections as may arise on the
    examination of the Abstract or as
    may arise after making the usual
    searches.
    14. Admitted, only so far as allowed
    by the Conditions of sale.

    ----------------

    Smith & Roberts

    G Ellis Garrard
    Vendors Solicitor
    Evesham
    24th May 1916.

    Fir014:         Trustee document dated 19th May 1916.

    Fir015:         Trustee letter dated 25th May 1916.

    Fir016:         Tenancy letter dated 30th May 1916.

    Fir017:         Conveyance dated 24th June 1916.

    [Fir017a:]

    [Reverse]
    Dated 24th June 1916

    Messres Frederick Haines and
    James Gill (Trustees of the Will
    of William Hurd Adams dec’d

    to

    Mrs Winifred Mason

    Copy Conveyance

    of

    A messe Cotte or tenement & garden
    known as “Fir Bank” situate at
    Harvington in the Coy of Worcester

    ------------------

    Smith & Roberts
    Evesham
    G. Ellis Garrard
    Evesham

    ----------------

    [fir017b:]

    This Indenture made the 24th day of June 1916 Between Frederick
    Haines
    of Greenhill in the Borough of Evesham in the Coy of Worcester Fruit Grower
    and James Hill of the Parish of Norton & Lenchwick in the same Coy Farmer
    (hereinafter called “the Vendors”) of the one part and Winifred Mason the wife of
    Herbert John Mason of 12 & 14 Bath Row in the City of Birmingham Manufacturer
    (hereinafter called ”the Purchaser”) of the one part. Whereas William Hurd Adams late of
    Harvington in the Coy of Worcester Fruit Grower being at the respective dates of making
    his Will and his death hereinafter next seised of the unencumbered fee simple
    in possession of or in (inter alia) the messuage cottage or tenement tenements &
    premises hereinafter described & intended to be hereby conveyed duly made and executed his last
    Will & testament dated the 16th day of February 1916 he appointed the Vendor
    (hereinafter called “his trustees”) to be Executors & trustees of that his Will And the Testator
    thereby gave devised and bequeathed all his real & personal estate not thereby otherwise
    disposed of unto his Trustees upon trust as to his Real Estate situate at Harvington
    aforesaid that his trustees should sell call in & convert into money the same & apply the
    proceeds as therein mentioned. And whereas the said William Hurd Adams the Testator
    died on the 6th day of March at Harvington aforesaid without having in any
    Way altered or revoked his said recited Will which was duly proved in the
    Worcester District Probate Registry of His Majesty’s High Court of Justice on the
    [space] day of [space] 1816 by the Vendors the Executors & Trustees
    named therein. And whereas the Vendors have through the medium of a Sale
    by Public Auction held at the King’s Head Hotel Evesham on the 15th day of May
    1916 agreed with the then Purchaser for the sale to here of the said messuage hereditaments & premises
    hereafter described & intended to be hereby conveyed (being Lot 2 at the sd Auction sale) at
    the price or for the money of £260.
    Now this Indenture witnesseth that in pursuance of the sd
    recited agreement and in consideration of the sum of £260 now paid by the Purchaser to
    the Vendors (the ---- whereof the Vendors do & each of them do --- thereby re----ply
    acknowledge) They Vendors as Personal Representatives of the sd W. H. Adams dec'd & each

    [Fir017c:]

    of them and hereby convey unto the purchaser All That messuage hereditament[?] & tenement
    with the cottage that adjoining & belonging known as “Fir Bank” at Harvington
    in the County of Worcester now occupied by Samuel Towers as tenant thereof
    Together with the garden thereto belonging & separated therefrom by the roadway
    hereof mentioned partly occupied by the sd S. Towers as tenant the remainer
    being occupied by the sd Wm. H. Adams up to the date of his death. All which sd
    lands & premises above described contain in the whole 1 Rood or thereabouts and one
    together with the abuttals & boundaries thereof for the purpose of identification only
    and not by way of extension[?] or reextention[?] more particularly delineated & described[?] upon the
    map or plan ---- upon these presents & are thereon coloured pink. Together with the full
    & free right & liberty for the Purchaser her heirs executors administrators & assigns in common
    with Ernest Willliam Bunting (the Purchaser of Lot 1 from the Vendors at the sd Auction
    Sale) or other the owner or owners occupier or occupiers for the time being of
    Lot 1 aforesaid & all persons having a like right thereto to go pass & repass with
    or without horses carts & carriages over & along such portion of the occupation
    road forming part of Lot 1 leading from the main street of the village of Harvington
    aforesaid to the messuage or dwellinghouse standing on Lot 1 afsd as
    [part of the line has been crossed out and 'separates' added in red] separates the sd messuage Cottage or
    tenement from the sd garden as afsd (& which sd portion of the sd roadway is
    coloured brown on the sd plan) but subject to the liability of the Purshaser [the following has been added in red]
    as other the duties or a------ for the time being at the --------- & -------- intended to be hereby conveyed to here pay
    & discharge one equal fourth part or share of the cost of keeping such portion
    Afsd of the sd roadway in repair. To hold the same unto & to the use of
    Purchaser in fee simple [the following has been added in red] And the Purchaser ---- covenant
    with the Vendor that --- the Purchaser by being of -------- shall not at any time hereinafter
    erect a fence in either place subject to 6 feet of the centre of the said road
    except upon the site of a now existing fence
    And the Vendors hereby acknowledge the right of the
    Purchaser to production of a certain Indenture of Conveyance on Sale dated the 29th
    day of September 1902 & made between the Equitable Reversionary Interest Society
    Ltd of one part and the sd Wm. H. Adams of the other part & delivery of expenses thereof
    And in pursuance of Section 73 of the finance (1909-10) Act 1910 it is hereby
    certified that the Conveyance & transfer hereby effected is a separate transaction &
    document forming part of a larger transaction or a series of transactions in

    [Fir017d:]

    [Fir017e:]

    respect of which the amount or value on the aggregate amount or value of
    The consideration exceeds the sum of £500. In witness whereof the sd parties
    to these presents have hereunto set their hands & seals the day & year first before
    written.

    Fred’k Haines
    James Gill

    Subject to my alterations and additions in
    Red ink I approve of the Draft
    Upon behalf of the Purchaser

    G. Ellis Garrard
    Evesham 27th May 1916

    Agreed Sealed & Delivered by the sd
    Frederick Haines in the presence of

    Harvey F Burton
    Clerk to Mr G. Ellis Garrard
    Solicitor Evesham

    Signed Sealed and Delivered by
    The before said James Gill in the
    presence of
    Geo A Meades
    Clerk to Mr G. Ellis Garrard
    Solicitor Evesham

    Notes:

    • Ernest William Bunting died in 1943, aged 67.

    Fir018:         Trustee document dated 1916.

    [Fir018a]
    Messrs Frederick Haines & James Hill Executors and
    Trustees of the Will of William Hurd Adams deceased

    To

    Mr. G. Ellis Garrad Evesham

    1916 March - June
    To my professional costs with regard to the sale of the above
    property including Attendances upon the Executors
    and others' Attending inspecting property taking
    particulars Examining and Perusing Deeds Deducing
    Title to property (Lots 1 and 2) Preparing contracts and
    conditions of Sale Attending in Saleroom reading
    conditions when Lot 1 was sold to Mr E. Bunting for
    £2325 and Lot 2 was sold to Mrs Winifred Mason for
    £260. Perusing and furnishing the necessary
    particulars to Government for I.V.D. purchaser, and
    as to the Proof of Will and carrying out the
    Executorship

    To my professional costs of and in connection with
    proving the Will and carrying out the Executors
    including Instructions for and Preparing Inland
    Revenue Affidavit Schedule and Summaries
    Executors Oath and other papers to lead to Grant
    of Probate journey to Worcester Attending Probate
    Registry passing papers Making necessary fair
    copies of same Attending you both on your being
    sworn to papers Engrossing Probate and obtaining
    Grant Also preparing Agreement between
    Beneficiaries and Executors authorising Executors
    to bid at Auction to improve competition for the
    property Attendance and correspondence throughout
    the Executorship Generally advising the Executors
    carried Forward £55 4 10.

    [Fir018b]
    Brought Forward £55 4 10
    and Beneficiaries. Preparing Executorship account
    and copies and perusing same and paying over the
    respective shares in the Real and personal Estate of
    Testator (excepting the Badsey property) as directed
    by Will. £68 7 10 = £123 12 8.

    To paid out of pocket expenses including journey to
    Worcester, Commissioners fees, stamp on Agreement,
    postages registrations and incidentals £2 12 8 = £126 5 4

    Evesham 9th November 1916
    Received my cash & payments
    as above

    [Stamp, over signed] G Ellis Garrard

    Fir019:         A note relating to the Will of Mr Adams dated circa 1916.

    Memorandum that by an Indue bearing date the
    24th May of June 1916 and made before Frederick
    Haines & James Gill (Executor & Trustees under the
    Will of the within named William Hurd Adams, decd)
    of the one part
    & Winifred Mason the wife of Hubert John Mason
    of the other part a portion of the dues conveyed
    by the within written Indue comprising a Cottage
    & prems known as "Fir Bank" with garden thto
    containing I rood or thereabouts was conveyed
    by the said F Haines & J Gill unto & to the use
    of the said Wininfred Mason in fee simple And
    by the same Indue the said F Haines & J Gill
    ackned the right of the sd Mr Mason to
    sudden & dely of copies of the within writ
    Indue

    Inclosed an Indue
    of Conveyance of
    29th Septr 1902 The Equitable
    Reversionary Ints Socy Ltd
    to W H Adams.

    Fir020:         Fire insurance letter dated 8th October 1916.

    Fir021:         Increment value duty dated 20th October 1916.

    Fir022:         A letter relating to the death of G. Ellis dated 10 May 1919.

    Fir023:         A list of payments dated 1921. This note is dated 1921, five years after Firbank was sold, which begs the question, why is it here.

    Christmas 1921

    Miss Adams paid to Mr. Meades
    £17 . 10 . 0 out of which
    £7 in cash to be deducted
    out of the March a/c

    Miss Adams 1/3rd share
    1st Oct 1921
    Miss Adams paid to Mr
    Meades Michaelmas rnts
    amounting to £20 0 8

    1921 June 9 F2 advanced
    to Miss A out of petty
    cash paid back by her

    7th Sept 1921 18/10 paid
    to Miss Adams should be
    paid by the trees out of
    Frank Adams' Cheque.

    Fir024:         A bill from J. C. Meades, builder, dated December 1923, paid 15 January 1924.

    Fir025:         Sale particulars of the house when it was sold in 1979, there are two copies in the box.

    Notes:

    • Frederick William Hohler, died in the Dartford area in Kent in 1871 aged 66.
    • Edmund Thomas Tibbetts Husbands, died at Ewyas Harold, Herefordshire in 1902 aged 80. His son Edmund Thomas by wife Sarah Anne, was born in Lewisham in Kent in 1871.
    • Robert Evans Meads Husband, was born in Much Marcle, Herefordshire in 1848, son of Edmund Thomas and Amelia Husbands.
    • William Hurd Adams, was born in Wedmore in Somerset in 1858. He owned land in Badsey and Harvington and was living in Firbank in 1911. His wife was Lydia, whom he married as Lydia Underwood at Upton on Severn in 1886. They had three children, Elsie May, William Edward & Frank. He died in 1916 aged 57.
    • George Ellis Garrard, died on 10th May 1919.