Catalogue description Marriage Settlement

Whereby, having recited: firstly, that Jane Swain (of Coventry, spinster; only child of George Swain late of Foleshill, Coventry, deceased maltster, and his widow Mary) is seized of the messuages hereafter described; secondly, that J. Swain intends to marry William Herbert (of Coventry, ribbonmanufacturer); and thirdly, that the property is to be settled: therefore, in consideration of the marriage and of 10/-, J. Swain entrusts William Goddard (of Caludon, Coventry, gent.) and John Carter (of Coventry, gent.) with (a) a Foleshill messuage inhabited by Samuel Wright; (b) Swain's Close, Foleshill (3a., occupied by S. Wright); (c) the "Sign of the Fleece", Foleshill (tenanted in succession by John Hutchinson jun., Richard Daulton and John Warner); (d) a messuage adjoining (c), successively held by Jonathan Warner, Thomas Morris and John Hale; (e) two messuages at Court House Green, Foleshill (formerly a stable and an outhouse, erected by Richard [I] Swain, together with the 66 sq. yd. on which they stand, which were bought by R. [I] Swain's son Richard [II] from Thomas Itchenor, gent.; now let to William Rawney but once held by Thomas Dalton and Benjamin Hetherley); (f) allotment no. 367 at Court House Green (38p.: bounded by the road leading to Bell Green Rock, by John Wrass' land (no. 24) and by new intake J; by Thomas Itchenor's old enclosure and by (e) with another old one; by new intake R, and by Messrs. Hutchinson's allotment no. 249), laid out for R. [II] Swain at the 1774 enclosure and at that time partly converted into a garden held by William Rowney, with the rest used by W. Rowney, Richard Daulton and Thomas Morris but later occupied with their tenements by John Hall, Thomas Dalton and B. Hetherley; (g) a cottage used as two, with pingle, occupied by John Coltman; (h) 7p. adjoining (g) and allotted therewith at enclosure (at Court House Green, (g) and (h) were simultaneously held by Ann Atkins' son William, Thomas Cooley and Nathaniel Barlow, later by Mary Swain, William Clulow and Richard Tinsley) - (a) - (h) now being held by William Clulow, Richard Tinsley, Thomas Dalton, John Hall, William Hetherley, Thomas Coltman and John Clark - (i) Foleshill parsonage with its premises and lands; and (j) certain impropriated Foleshill tithes (upon premises formerly Mr. Underwood's) at the yearly rent of £31/10/- (successively occupied by Edward Stafford, R. [I] Swain, R. [II] Swain, William Sarjeant, William Goddard and Jonathan Swain, the property was bought by R. [II] Swain and held under the terms of a 6th. - 7th. Nov., 1786 conveyance (made between John Knight (of Axminster, Devon, gent.) and John Brothers (of Hungerley, Coventry, gent.) as the late R. [I] Swain (yeoman)'s devises and executors, of the first; George Swain of Foleshill and R. [II] Swain, yeoman (legatees and only sons of R. [I] Swain, George being the heir at law) of the second; Ann [I] Swain (of Foleshill; R. [I] Swain's widow and devisee) of the third; Ann [II] and Mary Swain (of Foleshill; A. [I] Swain's daughters and legatees) of the fourth; Thomas Little (of Coventry, esq.) of the fifth; Sarah Eld (of Foleshill, widow; administratrix of the late Joseph [I] Eld of Foleshill, baker) of the sixth; George Eld (of Coventry, baker) of the seventh; Joseph [II] Eld (of Foleshill, baker) of the eighth; and John Warner (of Coventry, stuff merchant) of the ninth part) which reserved tithes discharged by R. [I] Swain and by his executors (with William, Lord Craven; Thomas Hunt, esq.; Richard Hopkins, esq.; Rhoda Lucas, widow; Richard Richardson, Joseph Downing, Joseph Perkins, Thomas Mackinson and Thomas Dorrington) so that (a) - (j) might be held to the successive uses of Jane Swain until marriage, W. Goddard and J. Carter upon trust to convey the profits to her (or her appointee) for her lifetime (W. Herbert having no power of altercation of the premises), W. Herbert for life, the couple's children with right of survivorship, Jane Swain's appointees and her heirs: W. Herbert's interest in the premises will be void if he mortgages them or becomes bankrupt; with Jane Swain's permission, the trustees may lease the land for up to 21 years, may sell the premises or (discharging prior mortgages) buy new messuages if they sell any hereby conveyed and place in public funds any moneys so-arising; Jane Swain or W. Goddard and J. Carter may substitute new trustees.