In 1807 Samuel Avery was named as a beneficiary in his father's Will, to inherit his father's tenement, garden and orchard in Wartling after the decease of his mother.
At the time of the 1841 England Census Saml. Avery, aged about 45, Ind[ependent], was with [his mother] Deborah Avery, aged about 85, Ind[ependent], in Park Road, Wartling Sussex.
At the time of the 1851 England Census Samuel Avery, age 58, born in Wartling, unmarried, retired miller, was living in Park Cottage, Wartling Sussex. With him was sister Ann Britt (71) of Wartling, widow, and nieces Caroline Colbran (8) Ann E Brett Colbran (4), born born in Herstmonceux.
In Sep 1860 Samuel Avery of Wartling was the sole executor of the Will of his late sister Ann Brett of Wartling, widow.
At the time of the 1861 England Census Samuel Avery, age 68, born in Wartling, unmarried, retired miller, was living in Avery Hill, Wartling Hill Road, Wartling. Present was niece Ann Eliz Colbran (14) of Herstmonceux.
At the time of the 1871 England Census Samuel Avery, age 78, born in Warbleton [sic], married, yeoman, was living in Avery Hill, Wartling. With him was wife Ann (32) of Herstmonceux.
At the time of the 1881 England Census Samuel Avery, age 88, born in Wartling, retired miller, and wife Ann, age 42, born in Herstmonceux, were living in Avery Hill, Wartling Sussex.
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[1749]-1856: Deeds of Agates, Gardner Street, Herstmonceux
.... On 19 November 1816 Edward Daw sold the property to Thomas Noakes of Gardner Street, butcher, for £500, of which £300 was borrowed by a mortgage to the vendor. By his will of 14 October 1823, Noakes bequeathed the property to Thomas Arkcoll as trustee for sale. Arkcoll and his brother William Noakes proved the will at Lewes on 25 January 1825, an abstract was drawn by Baker of Hastings, examined by Samuel Sinnock and the property surrendered to James Daw of Herstmonceux, shoemaker, for £425 (of which £250 was borrowed from Ann Holland of Wartling, widow) on 20 April 1825.
Mrs Holland brought an action of ejectment to recover part of the property from James Daw's widow in 1833. On 25 March she appointed James Brett of Wartling, husbandman, her attorney to take possession of the property from the sheriff, acting under a writ of possession against Ann Daw, Edward Daw and Henry Hunnisett; the account of her attorney Samuel Sinnock of Hailsham, settled on 12 November 1833, survives, showing that the property was occupied by James Vine and R Isted.
Mrs Holland's nephew Samuel Avery was admitted on her death on 22 June 1835 and in 1860 accounted with the Dawes family for the income and expenditure on the property, including repairs, no doubt in preparation for a release of their equity of redemption; the receipts for interest endorsed on the mortgage bond of 1825 cease in the same year.
On 16 November 1864 Samuel Avery of Wartling, husbandman, sold the property for £350 to George Smith of Herstmonceux, trug-basket maker, who was admitted on 25 November 1865. On 15 January 1871 the widow of Charles Daw wrote to Samuel Avery from Fairfield North, Kingston-upon-Thames, hoping to redeem the mortgage; a reply from George Smith provoked a more formal request, with a threat of litigation, from John James of the Netherlands Consulate in Exeter, who described himself as `ship owner etc etc' and trustee of Mrs Daw.
Smith enfranchised the property for £84 3s 0d on 11 September 1876. In February 1886 Smith sold half an acre of land to Robert Wright. Smith died on 27 June 1911 and on 14 November 1911 his executors Harold Montague Blaker of Lewes, solicitor, and James Saunders of Buckle Farm, Herstmonceux, farmer (who had proved his will of 2 June 1909 on 9 October 1911), sold a building-plot east of Agates for £130 to Mabel Jane, wife of Charles Coleman of Chalvington House Cottages, Chalvington, gardener. Mrs Coleman purchased Agates on 30 March 1912 for £750, of which £500 was borrowed from the vendors; the conveyance incorporates a plan, showing the location of the two sales off. Mrs Coleman paid off the mortgage on 3 April 1917..... 4
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At the time of the 1881 England Census Samuel Avery, age 88, born in Wartling, retired miller, and wife Ann, age 42, born in Herstmonceux, were living in Avery Hill, Wartling.
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Samuel Avery died aged 90 years. 3
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