Catalogue description Draft Release

Whereby, having recited: firstly, that under the 4th. Aug., 1828 will of Hannah Ball (of Hinckley, Leics., widow) and her codicil (dated 1st. Feb., 1830) John Edge Banks (of Coventry, Warws., slay-manufacturer) and his wife Mary Elizabeth are entitled to legacies following the death of Mary E. Banks' mother Jane Barker; secondly, that under the 21st. June, 1835 will of John [I] Huskisson (of Nuneaton, Warws., gent.) the Bankses are similarly entitled to a quarter of both moieties of his estate; thirdly, that by a 22nd. Aug., 1856 settlement the Bankses assigned to Charles Worwood Dicken sen. and Charles Worwood Dicken jun. (in 1867 described as of Holly Lodge, Meriden, gent. and no longer "jun.") their claims under the wills so as to discharge £600 and £200 mortgage-debts due to Charles W. Dicken sen. upon 8th. Apr., 1854 and 21st. Apr., 1856 indentures, maintain assurance-policies made upon the Bankses' lives, and invest the residue on behalf of Mary E. Banks with successive remainders to her husband and children; fourthly, that on 14th. Oct., 1861 the Bankses charged their expectant legacies with another £783 due to Charles W. Dicken sen. with £5% p.a. interest and covenanted to pay the total of £1,283 plus interest; fifthly, that Jane Barker died on 11th. Mar., 1862; sixthly, that C.W. Dicken sen. died on 4th. May, 1863 and that his will (made on 22nd. Jan., 1859) was proved on 8th. July 1863 by his son; seventhly, PA/101/8/428; eighthly, that by a 6th. Nov., 1863 mortgage (made between C.W. Dicken (jun.) of the first part, Samuel Fenton Darlaston of the second, and William Hughes and John James Powell (in 1867 both described as in PA/101/12/539) of the third) premises at Smith St., Birmingham, Warws., with effects, were assigned to W. Hughes and J.J. Powell for the residue of a 99-year term, subject to rent, for £539; ninthly, that on 6th. Nov., 1863 C.W. Dicken (jun.) mortgaged premises at Brownshill Green, Warws. (occupied by William Barr) to Hughes and Powell for £250; tenthly, as PA/101/12/539's fifth recital; eleventhly, that the principal sums of £1,000, £539, £250 and £900 raised by the four 1863 indentures were secured upon H. Ball's and J. [I] Huskisson's wills; twelfthly, that on 7th. Nov., 1863 (having rehearsed: (i) that the Bankses' and C.W. Dicken sen.'s estate consisted of £1,283 principal plus £96/9/5 interest and £72/12/10 costs, which totalled £1,452/2/3; (ii) that C.W. Dicken sen. had (as the 1856 deed's trustee) received altogether £3,884/14/7 and had invested an aggregate of £2,839; (iii) that C.W. Dicken sen. had paid £217/2/4 to William Brown (and his wife Jane) with £34/10/- costs, so the trustees were owed £794/2/3; and (iv) that the Bankses had told C.W. Dicken (jun.) to take the last-mentioned sum in part-payment of the £1,452/2/3, which would leave a balance of £658 principal plus £5% p.a. interest from 4th. May [, 1863] upon the mortgages) the Bankses ratified the Dickens' acts as settlement-trustees; thirteenthly, PA/101/12/91; fourteenthly, that on 7th. Nov., 1863 C.W. Dicken (jun.) (on behalf of the Bankses) assigned to Hughes and Powell his claim upon the trust estate (subject to the 1854, 1856 and 1861 deeds) to discharge the Bankses' debts, from the dividends paying John E. Banks £40 p.a. quarterly and the surplus to Mary E. Banks, but would still hold the estate upon its predetermined trusts unless either of the Bankses should alter them; fifteenthly, that the £1,000 plus interest raised under the seventh recital has been received and has been devoted both to that deed's securities and to the 7th. Nov., 1863 settlement's discharge, and that a surplus has been paid to the Bankses; sixteenthly, that £120/16/8 has been received in part-payment of the £900 mentioned (implicitly) in the tenth recital; seventeenthly, that because of W. Barr's bank-ruptcy the £250 and interest raised by the ninth recital has been lost; eighteenthly, that on 1st. June, 1864 Hughes and Powell assigned the eighth recital's £539 to John Priest for repayment of £200 (as the assignors have explained to the Bankses); nineteenthly, that by a 21st. Aug. 1865 deed (made between Hughes and Powell of the first part, Thomas Logan of the second, and John Kitson and William Hughes of the third) Well St., Coventry premises are assigned to J. Kitson and W. Hughes for repayment of £200; twentiethly, that Powell acted as receiver for trusts under the fourteenth recital, with an account at the bank of Messrs. Attwood, Spooner, Marshall & Co. Birmingham which went bankrupt during Mar., 1865 with a balance due to the trust-estate of £137/17/11 and a dividend of 11/3 in £ (so the trust-estate lost £60/6/-); twenty-firstly, that on 18th. Nov., 1863 a bill of complaint (filed in Chancery by Letitia Jay Huskisson (widow) against Revd. William Whitmore Greenway, Henry Slingsby, John Robinson, Mary Ann Huskisson, Thomas Short Huskisson, Mary Elizabeth Wilday (and Henry Repton Wilday, Anne Wilday and Edwin James Wilday, infants represented by John Thomas Houlston), Thomas Short, Mariedd (?) Wood, Edward Braithwaite (and his wife Letitia Jane, with Edward Huskisson Braithwaite who is represented by his guardian Edward Braithwaite), William Henry Hill, John Webb, Mary Huskisson, William Cornforth (and his wife Hannah, with William Huskisson Cornforth who is represented by his guardian William Cornforth), Henry Smith, Henry Clews, John Edge Banks with his wife Mary Elizabeth Banks, Charles Worwood Dicken (jun.), John Henry Sharp (by his guardian John Kitson), John Kitson with William Hughes, and John James Powell) which sought a fair partition of John [I] Huskisson's estate so that hereditaments might be sold under Chancery's direction and proceeds rightly shared between the claimants; twenty-secondly, that the defendants answered the bill; twenty-thirdly, that the case of Huskisson v Greenway was heard on 23rd. Nov., 1864 when the Master of the Rolls declared that under John [I] Huskisson's will the children of his four nephews and nieces John [II] Huskisson, Samuel Huskisson, Jane Barker and Mary Johnson alone were entitled to bequests, and that it would be advantageous if the property were to be sold rather than partitioned (and the proceeds placed in a bank-account); twenty-fourthly, that on 16th. Apr., 1865 Chancery ordered that the costs of parties to the sale (and of W.W. Greenway, Henry Slingsby and John Robinson as John [I] Huskisson's trustees) should be taxed, and that so much of £11,158/9/8 in Bank of England 3% annuities (made out in the Accountant-General's name as the proceeds of sale) as would raise the costs should be sold and the costs paid as the order stipulated - thereafter, the residue of the stock should be divided into 24 equal portions of which six would go to Hughes and Powell as the fourteenth recital's trustees on behalf of the Bankses and their children; twenty-fifthly, that the twenty-fourth recital's costs have been paid, which reduced the annuities to £10,645/4/-; twenty-sixthly, that under the twenty-fourth recital £2,661/6- in annuities (¼ of the residue) had gone to Hughes and Powell, that they had sold that amount and realised £2,411/16/1, and that they had a further £89/9/4 which with the sale's sum amounted to £2,501/5/5; twenty-seventhly, that the Bankses were separated and that the wife was unlikely to have children; twenty-eighthly, that an £82/10/7 legacy-duty was payable on the £2,661/6/- annuity-sum; twenty-ninthly, that the Bankses', C.W. Dicken (jun.)'s, Hughes' and Powell's costs had not been paid and that with the cost of this indenture they were owed £746/15/7; thirtiethly, that a full account had been taken of Hughes' and Powell's receipts as trustees, and of Powell's as receiver; thirty-firstly, that the trust-estate described in the fourteenth recital consists of the £2,661/6/-, the £539 mortgage-debt (as in the eighth recital) subject to J. Priest's £200 loan, and the £900 mortgage-debt (as in the tenth recital) subject to Kitson's and Hughes' advance; thirty-secondly that it has been agreed that Hughes and Powell should sell the £2,661/16/- so as to pay the legacy-duty and £247/16/6 debts still owed by the Bankses according to the fourteenth recital's schedule, invest £1,000 of the residue under the fourteenth recital's terms, pay half of the residue to John E. Banks and half to James Henry Whittem (of Birmingham, Warws., draper) and Henry Whittem (of Meriden, Warws., farmer), the £539 mortgage-debt to J.H. and H. Whittem, and the £900 to John E. Banks; thirty-thirdly, that Hughes and Powell have paid the legacy-duty, costs and £247/16/6; and the residue of the proceeds which (with the £89/9/4 balance) amounts to £1,424/2/9 (whereof they have retained £1,000 and paid half the clear residue - £212/1/4 - to John E. Banks and a like sum to the Whittems); thirty-fourthly, that by a 13th. Apr., 1867 deed (made between Hughes and Powell of the first part, the Bankses of the second, Mary E. Banks of the third, and the Whittems of the fourth) the £539 mortgage-debt was assigned to the Whittems; and thirty-fifthly, that by another 13th. Apr., 1867 indenture (made between Hughes and Powell of the first part, the Bankses of the second, and Mary E. Banks of the third) the £900 mortgage-debt and the Well St. premises were assigned to John E. Banks: therefore, firstly, the Bankeses revoke all the fourteenth recital's trusts except for the £1,000; secondly, the Bankses and J.H. Whittem release to Hughes and Powell and to C.W. Dicken (jun.) all claims under the 1856 and 1863 settlements, for which both John E. Banks, and the Whittems with John James Coates (of Birmingham, builder) indemnify Hughes, Powell and Dicken on behalf of Mary E. Banks; thirdly, the Whittems hold the £212/1/4 and £539 (subject to the £200 advance) on behalf of Mary E. Banks for investment, paying the dividends to J.H. Whittem et al during the Bankses' joint lives (then, if Mary E. Banks shall survive her husband the moneys will be in trust for her; but if John E. Banks shall survive his wife they will be held in trust for her nominee and in default of such provision for whomsoever would have been entitled to them had she never married and died intestate) but the Whittems may pay Mary E. Banks the £212/1/4 or £539 in her lifetime; and fourthly, John E. Banks (with the assent of his wife and of J.H. Whittem et al) so modifies the settlement that his £40 p.a. will pay interest equally to himself and his wife, whilst she may appoint new trustees if the present ones prove in any way incompetent.

29th. Feb., 1868. (Endorsed) Release whereby, having recited: firstly, a 13th. Apr., 1867 indenture (wherein, having rehearsed: (i) an 8th. Nov., 1850 mortgage (made between John Weston Perkins of the first part, Sarah Witherow (?) of the second, and Richard Dewes of the third) which assigned to R. Dewes certain premises for £1,200 due from S. Witherow to J.W. Perkins; (ii) R. Dewes' death on 7th. Oct., 1852 and the devise of his mortgaged estates to his executors Thomas, Henry and Edward Dewes; (iii) that R. Dewes' will was proved; (iv) that on 29th. Sept., 1854 T. Dewes et al and S. Witherow assigned their interest to Thomas Roe; (v) the 8th. Jan., 1856 conveyance of the premises (in consideration of £1,000 to S. Witheroe) by Witheroe and T. Roe to William Webb, Thomas Ryley and Edmund Jones, freed from the 1854 mortgage; and (vi) that following W. Webb's death in 18--, the £1,000 remained due to T. Ryley and E. Jones: hence, in consideration of £1,000 T. Ryley and E. Jones assigned to Powell and Hughes their interest in eighteen messuages lately built on 2,191 sq.yd. (part of 1a.2r.8p. on the northern side of East St. [, Coventry] bounded by William Day's property on the north, east by a club's land, west by property formerly belonging to Mistress Stafford, and south by the street) bounded east by two messuages and land lately sold by Thomas Walton to Richard Garratt and west by land sold by T. Walton to Benjamin Tedd (the eighteen messuages were occupied by John Warner, John Dodd, John Cleaver, Hannah Heath, John Tidmas, James Lancaster, William Glenn, Joseph West, Joseph Garratt, George Petty, Joseph Lenton, Edward Castledine, Sarah Lee, Alfred Newman, John Hastilow, Edward Everitt and John Atkins, with one untenanted), with use of a roadway; and moreover Ryley and Jones transferred to Powell and Hughes the £1,000 due on the 8th. Jan., 1856 indenture); secondly, that John E. Banks died on 21st. May, 1867; thirdly, that Mary E. Banks therefore became absolutely entitled to the trust-moneys under the 1856 and 1863 settlements and the main deed, then consisting of £1,000 under the 1863 indenture, £539 as under the main deed, and the £212/1/4; fourthly, that when the main deed was executed Hughes and Powell had £40 from the trust-fund and have since received a £39/5/1 dividend upon the £2,661/6/- annuities; fifthly, that Hughes and Powell have since then received £24/11/8 interest upon the £1,000 to 13th. Oct. [, 1867] whilst the Whittems have secured £15/6/8 interest upon the £539 to 28th. Sept., 1867; sixthly, that after her husband's death Mary E. Banks had Hughes and Powell assign the £1,000 to her and wanted the Whittems to transfer to her the £539 with the premises; seventhly, that on 28th. Sept., 1867 J.H. and H. Whittem (on behalf of S.F. Darlaston) (having rehearsed: (i) the main deed's thirty-fourth recital, and (ii) John E. Banks' death and his wife's entitlement) assigned to Mary E. Banks £450 and £89 (totalling £539) and (in consideration of the £450 due on the £539) all three transmitted to her (as a leasehold security) the factory and appurtenances (which had been assigned to those Whittems by the main deed's thirty-fourth recital) for the residue of the 99-year term (less three days) subject to the £200 advance; eighthly, that Mary E. Banks married J.H. Whittem on 16th. Oct., 1867, they, Powell and Hughes agreeing that the £1,000 and premises should be conveyed to Albert Whittem; ninthly, that on 28th. Feb., 1868 (having rehearsed, (i) and (ii) this endorsement's first and seventh recitals; and (iii) that the £1,000 principal was still due), in consideration of £1,000, Powell and Hughes assigned the eighteen messuages and their claim to A. Whittem; tenthly, that on 28th. Feb., 1868 (having rehearsed, (i) Powell's and Hughes' mortgageeship for premises under the Banks settlements; and (ii) J.H. Whittem's marriage to Mary E. Banks) it was declared that A. Whittem held the £1,000 on behalf of M.E. Whittem with remainder to her nominee (and by default to her husband) but that he was liable to pay the £1,000 to her or her assigns; eleventhly, that J.H. and H. Whittem have paid M.E. Whittem £212/1/4 and £15/6/8; twelfthly, that from £24/11/8 received by them Hughes and Powell have paid £2/12/1 to Margaret Edge [I] Banks as John E. Banks' executrix but the £21/19/7 balance to M.E. Whittem; thirteenthly, that from the £40 and £39/5/1 Hughes and Powell have paid £77/5/1 costs in conveyancing and fulfilment of trusts, and £1 each (the residue) to Margaret E. [I] Banks and M.E. Whittem; and fourteenthly, that J.H. and M.E. Whittem are satisfied that the trusts have been accounted for: therefore James Henry Whittem (late of Birmingham, now of Meriden, Warws., draper) and Mary Elizabeth his wife release to Charles Worwood Dicken (jun.; described as in the main deed, without station), William Hughes with John James Powell, and James Henry Whittem with Henry Whittem (all (except J.H. Whittem) described as in the main deed) all suits actionable order the 1856 and 1867 settelements and the main deed.