Burntwood Estate

Narrative Burntwood is now an outlying district of Buckley but prior to recent residential fill in it would have been regarded as a separate hamlet. The location Sandycroft may be regarded as part of modern Drury but near to present day Burntwood [map].

In 1758 Richard Kelsall was occupying land “by Sandycroft” in Burntwood leased by John Lloyd (from the 1758 tax assessment of the Glynne estate as reported by Hawkes in The Astbury Family of Parish and of Galchog Hall. From Hawkes, Walter Stubbs of Shropshire obtained the lease of the colliery at Lloyd’s Hills, later to be known as Sandycroft, sometime before 1753. In 1750 he obtained a lease from Sir John Glynne, Lord of the Manor of Hawarden, for mines and coals in the townships of Pentrobin and Bannel. Sir John Glynne became a partner at Sandycroft in 1760. Sandycroft produced its first coals in 1753, just 5 tons, and by the end of 1756, production had risen to 6,517 tons. In 1756, six pits were in operation, Sandycroft New Main Coal Pit, Berks' Old Engine Pit, the Old Engine by Foxes, the Middle Pit, the Rise Pit and the Deep Pit. In Willett’s (1822) account, “The Sandycroft Colliery was now carried on to a considerable extent under the agency of Mr. George Berks, a Staffordshire gentleman, introduced here by Mr. Stubbs….In 1777 Sir John died, his share being left to his daughters. Mrs. Crewe’s portion was purchased by Mr. Berks, and the colliery was continued by Messrs Stubbs, Berks, etc til the expiration of the lease, about 1790”.

Richard Kelsall’s wife. Mary was the sister of George Birks1.

The property that became known as the Burntwood Estate seems to have originated in the will of George Birks who died in 1795. George left his third share of an inheritance in called Sandycroft “unto my brother Joseph Berks my nephew Robert Berks and my nephew George Berks and their heirs and assigns upon trust that they and the survivors and the heirs of such survivors do lease sell and dispose of the same in the best manner and to the most advantage that they can and the money arising therefrom to be equally divided amongst my late sister Mary Kelsall’s children share and share alike”. From an 1834 letter of authority by John Berks the estate included “Royalty of Coal got and raised ..and out of land found and…called the Burnwood in the parish of Hawarden in the County of Flint together with all rents of house buildings and railroads ………in and upon the said …called the Burnwood and named and described in the last will and testament of the said George Berks deceased”.

George also left several houses to the surviving children of Mary, most if not all of which can be identified as located in the vicinity of Burntwood. It is not clear if these are the houses collecting rent as part of the Burntwood Estate, or if they were separate. Only one of the houses seems to be occupied by one of Mary’s descendants by the 1840s – that of Hannah

1 In older documents, spellings Birks and Berks are both used. Birks is generally preferred because descendants in Buckley including Fred Birks V.C. have adopted that spelling. Similarly, Burntwood is preferred to Burnwood.

Peters. It is not clear whether the property handed down in the will included land or just leases2.

Covering the period 1821 to 1829, Thomas Berks3 claimed £43 in expenses incurred in relation to valuation of the Burntwood property for purposes of selling to Mr. Smalley (later identified as John Smalley). In 1829, Berks brought a coal agent from Staffordshire “measuring the property and ascertaining if any under coal could be found”. Earlier, Smalley had apparently offered 350 pounds for the property, but this was refused. We have no documentation that the property was sold – but it appears from later events that it was, in a manner disputed. The 1839 Tithe Map shows the parcel containing Hannah Peters’ house occupied by Roger Smalley.

The next references that I have found to the Burntwood estate are in various legal proceedings in the period 1821 to 1835, taking place in both Staffordshire and . In Staffordshire, in 1833, George Kelsall4 petitioned the Lord Chancellor that he was the lawful heir to his grandfather’s estate including several properties in and near Audley. His petition mentions that Thomas Birks “has received Mine Rents due from the Burnwood Royalty near Hawarden, Flintshire, , since my Uncle’s death, that was left by my Greatuncle, George Birks, which the Kelsalls have had in their own Power ever since my Greatuncle’s death”. George did not win his petition and it does not appear that the Burntwood Estate was part of his claim.

At almost the same time in Flintshire, the surviving children of Mary Kelsall were making claim that they were owed rents and royalties from the Burntwood Estate. My interpretation of various documents is that Thomas Birks may have sold the Kelsall’s one third interest in the Estate that was due to them from the terms of George Birks’ will. According to the will any proceeds from selling the interest in the estate should have been paid to Mary Kelsall’s children. By 1834 the only surviving children were Hannah who had married Joseph Peters and Sarah who was named as Sarah Hooley in George Birks’ will but by 1835 was Sarah Dickinson. In 1835 Hannah provided a written affirmation to an attorney that “Hannah Peters and Sarah Dickinson…daughters of Richard Kelsall and that our husbands and all our brothers are dead without either promises or wills do hereby certify and affirm that George Kelsall is our nephew the son of Joseph our brother and oldest male living and heir at law therefore we do give him our interests and all our authority and power and to receive the rents, back arrears – pay or divide the arising according as the will directs and also to sell, or not, as it shall seem good unto him”.

The last surviving children of Richard Kelsall and Mary Birks, Hannah and Sarah died in 1841 and 1843 respectively. The disposition of the Estate at that time is not clear. The will of George Birks does not specify that the Estate should pass to their heirs and, as noted above, it seems they bequeathed the value to George Kelsall. George was a grandson of Mary (son of Joseph 1746 - 1819) but he lived in Staffordshire. Two other grandsons, Joseph and Thomas were alive in

2 There could be information in the Glynne papers that would help resolve this. 3 Believed to be the youngest son of George Birks 4 Son of Joseph, grandson of Richard Buckley, the sons of Robert (1758 – 1820). Did the estate pass to George because his father was older than Robert? In any case it is noteworthy that both Joseph and Thomas lived in Lane End, not in Burntwood.

We next hear about the Estate in the will of Hannah Edwards, the daughter of the same Thomas Kelsall noted above. In her will dated 22 August 1910 she bequeathed “all my share and interest in the Burnt Wood Estate situate in the parish of Buckley in the County of Flint" to her son Robert Kelsall Edwards. Hannah’s great granddaughter, Georgina Willson has a letter from Robert Jones (Kelsall)5 of Burntwood House6, Burntwood, dated 3 October 1927. This letter, written to Jane Edwards, the daughter in law of Hannah Edwards, explains that the 1/3 share in the Burntwood Estate had been held by Hannah Edwards, Mary Ann Wright and Elizabeth Roberts, the three married daughters of Thomas Kelsall. The letter describes how Robert Jones had purchased the 1/3 share in 1922 for the sum of two pounds, thirteen shillings and four pence. It also states that the 2/3 share had been held by Mr. Williamson7 of Holywell and it attaches a postscript “the lawyers say the shares were all very shadowy”.

Georgina Willson relates that there was probably some disharmony in the family about how the sale was handled and that Jane Edwards believed there should have been more. Her grand- father believed that he had somehow not received his fair share, and that is why Jane Edwards would have written to Robert Jones (Kelsall).

One current unknown is how the estate was inherited by the three daughters of Thomas. Presumably they inherited the estate from their father although it is not mentioned in his 1862 will. But Thomas had an elder brother, Joseph who outlived Thomas by two years and had living children. Also, if Hannah and Sarah gave their share to George Kelsall in 1835, how did the interest come back to Buckley? George’s genealogy is not completely resolved but it seems that he was alive until 1869, and he had issue.

5 Robert Jones (Kelsall) was the son of Edward Jones and Ann Kelsall and Ann was the daughter of Joseph Kelsall and Esther Thornton. Ann was a first cousin of Hannah 1831 sharing grandparents Robert Kelsall and Mary Jones. So, Robert was “keeping it in the family”. He died 16 Feb 1932 age 82, buried at St Matthews Buckley. Ann was buried 26 Aug 1912 age 95 at St Matthews. Robert left a will proven 3 March 1932 proceeds to son William. 6 I previously thought that Hannah Peters’ house was “consumed” by the Standard Pipe Works built in the 1880s but what I believe to be her house, or a house on the same location, is seen on the 1909 and 1953 OS maps. I think this may be “Burntwood House” where Robert Jones lived. The location is now occupied by Grantech. 7 From The Making of Buckley & District, John Smalley and William and Mary Williamson established the Old Ewloe Works in 1818 Documents 1793 Parts of a copy of a will made by George Berks, gentleman of Mold, the 10th day of December 1793 compared by the original will by Mr. Hughes and David D--- clerks to Mr. Wyatt. St. Asaph’s copy – with codicil 2 February 1795, will proved 12 March 1795.

Also I give and devise and bequeath unto my nephew William Kelsall and his heirs a ______at Sandycroft now in the holding of Elizabeth Ellis and ten pounds in cash I also give and bequeath unto my Nephew George Kelsall, twenty pounds also I give and bequeath unto my nephew Joseph Kelsall twenty pounds, also I give and bequeath unto my nephew, John Kelsall and his heirs, a house now in the holding of Thomas Ellis, also the sum of ten pounds. Also I give and devise to Robert Kelsall and his heirs a house now in the holding of the widow of Samuel Dunn Junior, and the sum of ten pounds. Also I give devise and bequeath to Hannah, the wife of Joseph Peters, and her heirs, a house in the holding of Samuel Dunn, the elder and also the sum of 10 pounds. Also I give and bequeath and devise unto Sarah Hooley and her heirs a house now held by Catherine Wilcox and a third part of one held by Margaret Hewitt and also the sum of ten pounds. Also I give and bequeath unto my late sister Mary Kelsall’s children all my wearing apparel of what nature or kind so ever to be divided and distributed amongst them by the discretion of my said wife and executors. And whereas I am entitled to one third part or shares of a small inheritance? Ewloe called Sandycroft now in the holding of Thomas Astbury and his mother. Now I do hereby divide my third share of these premises unto my brother Joseph Berks my nephew Robert Berks and my nephew George Berks and their heirs and assigns upon trust that they and the survivors and the heirs of such survivors do lease sell and dispose of the same in the best manner and to the most advantage that they can and the money arising therefrom to be equally divided amongst my late sister Mary Kelsall’s children share and share alike.

And the testator appoints his brother Joseph Berks of Hawarden his nephew Robert Berks of the city of and his nephew George Berks of Keel executors of this will.

1821 to 1829 Thomas Berks claimed £43 in expenses incurred in relation to looking over the Burntwood property. “The party requesting me to come over ?? Mr. Smalley to know what he would give for the share of property which he offered 350 pounds. The parties refused and would not accept the offer from Clayton?”. In 1829 Berks brought a coal agent from Staffordshire “measuring the property and ascertaining if any under coal could be found”. No indication if the property was sold – but it appears from later events that it was in a manner disputed.

1833 George Kelsall’s petition concerning Hall o’ Wood Richard Kelsall’s daughters, Hannah and Sarah, were “living on the Burnwood royalty” in 1833.

1833 Petition of George Kelsall to the Lord Chancellor

Obtained from Mrs. S. Meaton. Transcribed by Peter Kelsall, February 1998

Burslem Pottery Staffordshire Sept. 29th, 1833

My Lord, I do humbly solicit your Lordship’s attention for a Moment, and hope I may not offend, My Lord, I am heartily grieved, and wish to lay down before Your Lordship a case, that perhaps my Lord never heard of. I have a great property, belonging to me, descended from my Grandfather, Richard Kelsall, near Audley, Staffordshire, by the name of the Halmerend (or Big and Little Halmerend) the Hollowood, and Gaurgey (?) Hill, and the Botchtons is between Hanley and Lane End in the Pottery Staffordshire.

My grandmother’s brother, Robert Birks, was left Trustee, he dying left the Trust to his son George, he being dead also, Thomas the youngest son of George is now in Trust. These have withheld all, and every Part of the Property from the Kelsall Family. My uncles being all dead, and I am the heir.

My Lord I have been frequently accustomed to visit Birks’ family and Thomas Birks has told me that he has got writings and Titles of my Grandfather’s from as low as 5 pounds to a great amount, a Chest full, and that I should enjoy my property, but instead he has sold several Places (?) a few years ago, by the name of Joseph Birks my great uncle on my Grandmother’s side who has been dead upwards of 30 years. Also he has received Mine Rents due from the Burnwood Royalty near Hawarden, Flintshire, Wales, since my Uncle’s death, that was left by my Greatuncle, George Birks, which the Kelsalls have had in their own Power ever since my Greatuncle’s death. The Hollowood where John Tate milks 40 cows, is and has been up for sale three times, but can make no title. Too this last spring (1833) there was a fall of Ash and 90 great oak trees. My Lord, these things and more are going on in the face of me, and hearing of your Lordship’s most excellent benevolence and ??? towards poor individuals particularly, I am come personally to lay it under my Lord’s Patronage and due pray that my Lord will consider well this subject. I have got my Pedigree with me and more papers if my Lord will please to investigate which will explain more fully the affair. Pray my Lord execute this poor and humble petition but the universal good and the most excellent and praise worthly appellation of your Lordship’s trust, and hope that My Lord will hear a poor supplicant. May God grant that I may find favour in the site of My Lord to take it under his protection and to restore my rights

14 June 1834, to Thomas Berks Esquire I do hereby on the behalf of the surviving children of Mary Kelsall deceased or their representatives give you notice to pay into my hands all … and sums of money that you from time to time received from John Smalley and others as and for third part of the royalty or rents of coal raised from the Burntwood colliery and also all other rents and profits arising of land from one third part of the lands and ….in Ewloe called the Sandycroft in the County of Flint for upwards of six years and which …of money or received by you ought to have been…for and paid to the surviving children of the said Mary Kelsall deceased or their representatives according to the …and direction of the will of George Berks Gentleman deceased and in case of noncompliance with this notice such proceedings will be instituted against you or may be … 14 June 1834 Griff. Williams, Holywell

21 July 1834 Authority to Mr. Griffith Williams, Attorney at Law We the undersigned being the children and the descendants of Mary Kelsall deceased the person named in the last will and testament of George Berks Gentleman deceased do ………………………………………………………..Law to recover from Thomas Berks and John Smalley all such rents royalties and all other money or …. received by them or either of them of and from the coal, rail roads, cottages, wood lands and premises called the Burntwood in the Parish of Hawarden in the County of Flint for the … of seven years now last past and for your so doing this shall be your warrant and authority.

23 July 1834 Notice to Proceed against John Smalley I the undersigned Griffith Williams attorney at law and the authorized attorney for the children and descendants named in the will of George Berks gentleman, deceased to proceed against you for the recovery of one third part of all rents royalties and other moneys arising from the mine of coal, rail roads, buildings, lands, and premises called the Burnwood in the parish of Hawarden in the County of Flint from the time you took possession of the same to the present time (you have paid a small sum of money to Thomas Berks contrary to the direction of the children of the said Mary Kelsall or their descendants – he the said Thomas Berks being the youngest son of George Berks late of ? deceased and not his heirs at law) and unless I receive all such sum or sums of money so due in fourteen days from the date hereof I shall proceed against you

August 1834 Authority from John Berks I the undersigned John Berks eldest son and heir at law of George Berks (who was one of the nephew and surviving trustees named in the last will and testament of George Berks late of Mold in the County of Flint Gentleman deceased) do hereby authorize and empower Hannah Peters and Sarah Dickinson surviving ….of Mary Kelsall late sister of …testator George Berks to receive from John Smalley and my brother Thomas (?) Berks all such…and.. of money that they or either of them have had and received from the third part or share of this …or Royalty of Coal got and raised ..and out of land found and…called the Burnwood in the parish of Hawarden in the County of Flint together with all rents of house buildings and railroads ………in and upon the said …called the Burnwood and named and described in the last will and testament of the said George berks deceased

19 Feb 1835, Statement of Hannah Peters, Burntwood There is a small intake of the Burntwood perhaps about an acre of land with a house upon it. This house is divided and belongs to whomsoever the shares of the Burntwood belong. Now Mr. Thomas Smalley has 2 parts or shares and Kelsalls 1. Hannah Peters one of Mary Kelsall’s children inhabits it and pays 5 pounds a year… is £1.13.4 Kelsall’s part and £3.6.8 Smalley’s. Mr. Leach (before Mr. Smalley had the two shares) allowed her £2 a year for encroachments damaged by and paid for 2 years but after supposing £1 a year being kept by the machine man Mr. William Smalley and Edward Ellis saw the ?? 5S paid; but since Mr. Smalley came upon it or bought the two shares has never made any acknowledgement for 13 or 14 years back he has got land and destroyed the face of the whole place it now lies in heaps and holes that it appears to be worth nothing, Mr. Smalley wants his full rents.

1835, Affirmation of Hannah Peters Hannah Peters and Sarah Dickinson…daughters of Richard Kelsall and that our husbands and all our brothers are dead without either promises or wills do hereby certify and affirm that George Kelsall is our nephew the son of Joseph our brother and oldest male living and heir at law therefore we do give him our interests and all our authority and power and to receive the rents, back arrears – pay or divide the arising according as the will directs and also to sell, or not, as it shall seem good unto him

1927 Robert Jones (Kelsall) Georgina Willson provided transcription of a letter written to her great-grandmother (Mrs Edwards) that describes how Hannah (Kelsall) Edwards's share in the Burntwood Estate was sold to a Robert Jones.

1911, Burntwood near gas works

Ann Jones nee Kelsall was a daughter of Joseph Kelsall and Esther Thornton. In the 1851 census Joseph Kelsall (1791) was living in Burntwood with daughter, Ann who had married Edward Jones. Ann and Edward had a son, Robert, born about 1850 and a daughter, Sarah, born about 1855. Both Joseph and Edward were coal miners. Edward and Ann are found in the 1881 census in Burntwood with children Robert and Sarah. Robert is widowed and has a son, William age 5. Edward and Robert are coal miners.

Ann was a first cousin of Hannah 1831 sharing grandparents Robert Kelsall and Mary Jones. So, Robert was “keeping it in the family”.

Ann still living in Burntwood 1911 aged 93. She was buried 26 Aug 1912 age 95 at St Matthews Buckley.

Robert died 12 Feb 1932 age 82, buried 16 Feb at St Matthews Buckley with effects left to William Jones

William was baptised 6 Jan 1876 parents Robert and Emma. I have not found William Jones in 1939. Emma died 17 Feb 1880 and was buried at St. Matthews.

https://billiongraves.com/grave/Emma-Jones/10019008

Correspondence with Georgina Willson 2018 PK replies in italics

11/7/18. Here is all the information I have on Hannah Edwards (née Kelsall):

Born 1832 - I have a parish record and census records and have determined that she was born in 1832. A Baptism record for a Hannah Kelsall for March 31st, 1832 that shows her parents were Thomas (collier) and Ann Kelsall (abode: Bistre, Parish of Mold, County of Flint).

Birthplace and Age: through the 1841 -1911 censuses, I found that her birthplace was listed as follows: 1911 (aged 79): Spittlefields, Flintshire 1901 (aged 69): Spittlefields, Flintshire, Wales 1891 (aged 59): Spittlefields, Flintshire, Wales 1881 (aged 49): Flintshire, Hawarden 1871 (aged 39): Flintshire, Mold 1861 (aged 29): Spittlefields, Flintshire, Wales 1841 (aged 9): Flintshire, Wales I have not been able to find a 'Spittlefields' in Wales, but I have found mention of a 'Spitalfields' in The Flintshire Observer newspaper, so it could have been a local name. I am certain that I have the correct censuses for her - the only one I am not certain about is 1841.

Census Info - I have found Hannah Edwards in all the censuses from 1861 - 1911 (attached). I cannot find her in the 1851 census. I found a 'Hannah Kelsall' in the 1841 census that seems to match all the 'birthplace' information and age in the 1861-1911 censuses. The 1841 census would make her the daughter of Thomas Kelsall (collier) and Ann Kelsall (census attached).

Marriage: Hannah married William Edwards in 1855

Other relatives: In the 1871 census, Hannah is listed as the head of household. Living with her is a niece, Eliza Beddows. I don't know if this is a niece from the Kelsall side of the family It's possible that the niece is her husband's relative, but thought I'd mention it in case the surname rings a bell with you.

Hannah's will: In her will she "bequeath all my share and interest in the Burnt Wood Estate situate in the parish of Buckley in the County of Flint". I have not attached her will but can send it if you would like to see it. What I have attached is a transcription of a letter that describes how Hannah's share in the Burntwood Estate was sold to a Robert Jones. Her share was left to my grandfather and his siblings. The letter is written to my great-grandmother (Mrs Edwards). photo of her taken when she was about 58 (it is cropped from a group photo of one of her daughter's wedding).

Reply 11/22/18 As you know Hannah was one of three daughters of Thomas and Ann Kelsall (with Mary Ann and Elizabeth). I believe that this Thomas was one of 12 known children of Robert Kelsall and Mary Jones, born c. 1801 per census records. Thomas was a collier and publican of the Blue Bell which still exists. He died in 1861. By inference I think his wife was Ann Forster; I have not found a marriage record. One of his brothers, Joseph was my 3x great grandfather.

I had not found Hannah’s marriage and so had not traced your Edwards line. I would appreciate any more information on this especially the line down to yourself. Also, what you have on Hannah’s baptism and marriage.

Spiitalfields is not a town or village. It is thought the name originates from an ancient hospital. By the time we are looking at it would refer to a small area (perhaps a few cottages) in the Spon Green area of Buckley. To confuse matters this was/is part of Bistre Parish which was part of Mold Parish but nowhere near the town of Mold. You can google Spon Green Buckley and see the location.

Burntwood is another district of what today is Buckley but previously was a separate village. The estate presumably refers to property originally obtained by Richard Kelsall8 for purpose of coal mining when he moved his family from Audley Staffordshire in the 1750s. Two of Richard’s daughters, Hannah and Sarah, were “living on the Burnwood royalty” in 1833. Presumably this passed down to your Hannah because she outlived everyone else? I have seen the probate for her father’s will from 1862 but not the actual will. I would like to see Hannah’s will please.

The letter from Robert Jones (Kelsall) is interesting. There is something familiar about this that I can’t put my finger on yet. I also need to try to work out who this Robert was. I am confused by your saying that Hannah’s share was left to your grandfather and his siblings. How could she leave something that she had sold?

8 I later realized that the property was obtained by George Birks Further to my last message I have found that Robert Jones (Kelsall) was the son of Edward Jones and Ann Kelsall and Ann was the daughter of Joseph Kelsall and Esther Thornton. Ann was a first cousin of Hannah 1831 sharing grandparents Robert Kelsall and Mary Jones. So, Robert was “keeping it in the family”. He died 16 Feb 1932 age 82, buried at St Matthews Buckley. Ann was buried 26 Aug 1912 age 95 at St Matthews. Robert left a will proven 3 March 1932 proceeds to son William.

The letter from Robert Jones (Kelsall) was to Jane Edwards (Hannah's daughter-in-law). A trustee of the will (and also Hannah's daughter) sold the share of the Burntwood Estate to Robert Jones (Kelsall). I believe there was probably some disharmony in the family about how the sale was handled and that Jane believed there should have been more. Indeed, my grand- father believed that he had somehow not received his fair share. I let you know this to explain why Jane Edwards would have written to Robert Jones (Kelsall). Hannah's will is attached. Also, I would be happy to send a scan of the letter from Robert Jones if you would like to see the original rather than the transcription.

Attached is Thomas Kelsall's will. It leaves everything to his three daughters, but does not mention the Burntwood Estate, but hope it puts a little more light on your research.

Thomas was the publican of the Blue Bell in 1856. The attached map is Buckley in the 1950’s. The Blue Bell is still there today. Also, Thomas’s sister Mary married a grocer, Aston, who later became a butcher. Their descendant Neville Aston, still a butcher at the same location died last week.

I have just found the connection from Buckley to Hagley. Mary Glynne of Hawarden (local big wigs, sister in law of Gladstone) married George William Lyttleton of Hagley

Locations of Lloyds’ Hills and Sandycroft Colliery on Reproduction of 1839 Tithe Map (Hawkes, 1994)

Locations of Lloyds’ Hills and Sandycroft Colliery on 1881 map

1869-1875 OS map, before development of Standard

1909 OS Map

1953 Locations of Lloyds’ Hills and Sandycroft Colliery on 1990 map and Present-Day Aerial Photograph

Present day Lloyds Hills

Charles Kelsall Sandycroft Colliery Lloyds Hills

CH7 3EN

Transcription by Georgina Willson