Ivy Cottage Bilbrook

Ivy Cottage, Bilbrook - Courtesy of Dianne Linton

The above picture was contributed by one of our Australian cousins - Dianne Linton, whose family emigrated from Bilbrook in the 19th Century. Dianne gives the following information:

'I've attached a copy of the original photograph of my great-great grandparents (William and Eliza Tennant) in the garden of Ivy Cottage. Their son Arthur Tennant (my great grandfather) emigrated to Australia with his brother William and William's wife Anne, leaving Liverpool on October 12, 1883. (We have a copy of a shipboard diary written by one of the passengers on the voyage). William's (Snr.) parents were John Tennant and Elizabeth Baker. Ivy Cottage had been left to Elizabeth (Baker) Tennant by her father, John Baker, who died in 1814. A newspaper article published in 1912 tells of a dispute heard in Wolverhampton County Court, with respect to Ivy Cottage. The property passed to George Tennant, William's brother, after the death of their father. I wonder if Elizabeth Baker was related to the Bakers of Baker's Nursery?'

Dianne also provided the following newpaper article from 1912. Since the article was published in the public domain so long ago and Dianne is a descendant of those concerned, I doubt that there is any problem with publishing it here. However, if there are any objections, please let me know.


"COTTAGES AT CODSALL.
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DISPUTE HEARD AT WOLVERHAMPTON COUNTY COURT
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A SINGULAR STORY
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At the Wolverhampton County Court this afternoon, his Honour Judge Howard Smith, had to deal with a dispute respecting some cottage property at Codsall. The plaintiff was George Tennant, an elderly man, of Poxon Street, Bloomsbury, Birmingham, who with his brother William Tennant, were the last copyhold owners of Ivy Cottage, Bilbrook.

William Tennant, died at the beginning of this year, and on his death the property was claimed by his daughter, Mrs. Humphries, the present defendant. Mr. A. Ward (instructed by Messrs Docker and Hosgood, of Birmingham). represented the plaintiff, and Mr. Riley Pearson (instructed by Mr. R.F. Amphlett (instructed by Mr. R.F. Amphlett) defended. Mr. Ward now claimed the right to the property, and contended that as plaintiff's name appeared on the Court rolls of the Manor of Tettenhall, whether he was legitimate or not, he was entitled to Ivy Cottage. Mr Pearson said that the question first to be decided was whether or not Geo Tennant was a legitimate son?. Mr. Ward traced the history of the family back to 1814, when John Baker made a will in which he left certain freehold property on trust for his wife for life, and after her, her daughter and husband. Mrs. Baker died in 1820, leaving a daughter Elizabeth, who married John Tennant. There were eight children. When the admittance was made, there were four surviving children and subsequently, other two children died leaving William and George Tennant. William lived in the cottage at an agreed rent of £8. 10s. per year, and from the time of the admittance, right up to the death of William in February of the year plaintiff regularly received his correct portion of the rent. William left a will, and up to this time there was never any suggestion that George was an illegitimate son. Plaintiff in the box claimed to be the legitimate son of John Tennant, and in cross examination said he never remembered seeing his father. He denied having heard that his legitimacy had been in dispute among the family. He had always received his share of the ground rents until last Christmas, but not the full amount of the house rent. Mr. Pearson put in evidence the statements of two old people which had been taken on commission. It was to the effect that John Tennant was an Irishman who had some property in Ireland, which country he visited sometimes to collect the rents. On one occasion, one statement read, Tennant went to Ireland, and on his return found plaintiff a baby in arms. He then packed up his things and left, never returning to his wife.

Henry George Humphries, husband of the daughter of the late William Tennant, and his wife, stated that he heard his wife's parents state that George Tennant was illegitimate, and that William Tennant had said, he was robbing himself and his family by paying rent to George. His Honour enquired why if plaintiff had always been treated as a brother in regard to the division of the income from the property in dispute there should be an alteration now? Mr. Pearson said an honest mistake had been made, and as long as plaintiff was content with his half share there was no dispute. It was only when he claimed the whole that a dispute arose. Mrs. Humphries gave similar evidence. Her mother who died at the age of 82, had, witness stated, told her her husband (witness's father) was away seven years, and it was on his return he found plaintiff had been born. Plaintiff had never denied suggestions of illegitimacy, and the name of a man supposed to be Geo. Tennant's father had been often mentioned. Mr. Pearson said that there was not a scrap of evidence substantiating plaintiff's verbal statement that he was the legitimate son of his father. There was not even a baptismal certificate, though in the case of the other children there were certificates. His Honour said that the absence of a baptismal certificate could make no difference as to whether he was, or was not, illegitimate.

Mr. Pearson argued that the mother would have to declare the name of the father at the baptismal service, and it could be assumed that the clergyman at the time, knowing very well the local circumstances, would have remarked that the women's husband had been away for years. His honour said that he was in favour of plaintiff. It may be that he was an illegitimate son, but his father was alive when he was born, and for many years had been regarded as a legitimate son. In the absence of definite evidence that plaintiff was illegitimate he should give judgement in his favour and give him possession of the property. "

And this is how Ivy cottage looks today! (26/01/2002)


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