Lawyers called in to find the owners of Eastham’s former primary school

Mar 25 2009 by Lorna Hughes, Bromborough and Bebington News

LAWYERS have been called in to solve a mystery over the ownership of Eastham’s former primary school.

Grade II-listed St Mary’s CE school was closed by Wirral Council in 2007 as part of its review of primary school places in the borough.

With Eastham Library set to close in July, residents hoped the school building could be used for community facilities.

It was thought the building was owned by the Naylor Trust, who gave the land to the church 150 years ago for the education of the children of Eastham.

But it has now emerged that the building could in fact be owned by descendants of another family, thought to be the Westenras.

David Allan, of Eastham Archive Group, which was set up in November 2008 to record the history of the village, said: “The land was given to Eastham by a man called Richard Naylor for the sole purpose of an educational establishment.

“A village committee was formed to raise money for the building itself and, under the chairmanship of John Torr, they succeeded in their task.

“Under an Act of Parliament, if a school closes the land and any buildings on it, it has to revert back to the original land owner.

“But in 1903 there was a High Court case in which the will of Richard Naylor was disputed, and the land reverted to the other family.”

“It’s a very complicated matter and we hope the mystery can be solved soon.”

Eastham councillor Phil Gilchrist said: “Lawyers have advised that the Westenra family line has been traced. This means that they, rather than the Naylor trust or the church, now own the buildings.”

He added he hoped villagers would be consulted before the owners decided on the future of the historic building.

Jeff Turnbull, director of education for the Diocese of Chester, said: “St Mary’s School building has never been owned by the Diocese of Chester.

“Wirral Council as the education authority closed the school in the face of much local opposition – and opposition from our diocese.

“There is a claim of ownership on the building but that requires legal proof which currently is not forthcoming.

“For the time being, the Diocese is helping, in accordance with charity law, to find a temporary tenant for the property.”