Catalogue description Abstract of the Title of John William Newcombe and Charles James Band to land near...

This record is held by Coventry Archives

Details of PA 242/3/29
Reference: PA 242/3/29
Description:

Abstract of the Title of John William Newcombe and Charles James Band to land near Spencer Park, Coventry:-

 

I 24th. June, 1879. Conveyance whereby, having recited: firstly, that by his 13th. Jan., 1823 will the late John [I] Howe (of Coventry, dyer) bequeathed the deed's hereditaments (a) and others (all near Earlsdon Lane, occupied by himself and bought individually from William Twycross and James Troughton) to his trustees Abraham [I] Herbert and John Twist for the lives of the testator's daughters Mary Morris (then Howe), Hannah Herbert sen. (then Howe), Ann, and Elizabeth Clowes (then Howe) with right of survivorship and so as to pay one-quarter of the rents to each daughter with remainder to each one's issue; secondly, that John [I] Howe died on 23rd. Feb., 1826, his will (with a 19th. Oct., 1825 codicil irrelevant to this abstract) being proved on 3rd. Nov., 1826; thirdly, that the issue from Hannah Howe's 13th. Nov., 1827 marriage with John Herbert were John Howe (Herbert), Abraham [II] Herbert (in 1879 of Egham, Surrey, gent.), Hannah jun. and Frank Howe (Herbert); fourthly, that Hannah Herbert sen. died on 14th. Feb., 1838 and was buried in St. Michael's; fifthly, that John Howe Herbert died on 27th. Feb., 1840 intestate (so John Herbert became his heir at law) and was buried in St. Michael's; sixthly, that Hannah Herbert jun. died on 21st. July, 1840 and was similarly buried; seventhly, that by his 11th. June, 1846 will John Herbert inter alia devised his realty (including the [1/8] share of the Earlsdon land to which he had become entitled through his children's deaths) to his brother Abraham Burbery Herbert and his brothers-in-law Edward Draper and Thomas Morris (in 1879 described as late of Leamington Priors, Warws. but then of Worthing, Suss., gent.) for sale and investment of the proceeds on behalf of Abraham [II] and F.H. Herbert; eighthly, that John Herbert died on 17th. Oct., 1846 and his will was proved on 3rd. Dec., 1846; ninthly, that on 15th. Dec., 1866 (having rehearsed: (1) that Abraham B. Herbert, E. Draper and T. Morris had not disposed of the [1/8]; and (2) that A. [II] Herbert and F.H. Herbert wanted to receive the estate free from trusts) A.B. Herbert et al conveyed inter alia the [1/8] to A. [II] and F.H. Herbert for them to hold in common; tenthly, that on 2nd. Mar., 1865 Abraham [II] Herbert mortgaged his 1/8 share in hereditaments (a) to William Pickering for £600 with £4/5/-% interest, redeemable on 2nd. Sept.[, 1865]; eleventhly, that on 26th. Dec., 1866 A. [II] Herbert further charged the premises to W. Pickering for another £400 to be repaid with £4/10/-% p.a. interest from 2nd. Nov.[, 1866] and saddled the £600 with that higher interest-rate; twelfthly, that on 10th. Oct., 1877 William Rowe with his wife Elizabeth, William Frederick Pridmore and William Henry Fancott reconveyed to A. [II] Herbert the 1/8 vested in him in return for £1,000 (i.e. the two principals); thirteenthly, that the children from Mary Howe's 26th. July, 1832 marriage with Thomas Morris were Frank Howe (Morris), (Mary) Elizabeth Howe (Morris), Lucy Howe (Morris) and Herbert Howe (Morris); fourteenthly, that on 25th. July, 1842 Herbert Howe Morris died intestate, with his father Thomas his heir at law, and was buried at Hulme near Manchester; fifteenthly, that Frank Howe Morris died on 25th. Aug., 1862 likewise and was buried at Stoke Prior, Worcs.; sixteenthly, that Lucy Howe Morris died on 18th. Aug., 1863 similarly and buried at Hove near Brighton, Suss.; seventeenthly, that Ann Howe died on 20th. June, 1863 a spinster and was buried in Coventry cemetery; eighteenthly, that there were no children from the 1st. June, 1853 union of Elizabeth Howe with John Clowes; nineteenthly, that Elizabeth Clowes died on 10th. Mar., 1872 and was buried in Coventry cemetery; twenthiethly, that Abraham [I] Herbert died on 24th. Dec., 1847 and was similarly buried; twenty-firstly, that by his 14th. May, 1851 will (proved on 21st. Feb., 1854) John Twist (who died on 11th. Nov., 1853) devised his trust-estate to his son John Brown Twist and Edward Gibson, his executors; twenty-secondly, that E. Gibson died on 26th. Sept., 1863 and was buried at Ashby Magna, Leics.; twenty-thirdly, that on 17th. Apr., 1873 Chancery decreed (in re J.B. Twist v. A. [II] Herbert, F.H. Howe, Thomas and Mary Morris, Mary Elizabeth Howe Morris, J. Clowes and John [II] Howe (in 1879 described as Revd. John [II] Howe of Knowle, Warws., clerk in Holy Orders)) that Ann Howe's and Elizabeth Clowes' shares in the Earlsdon property had passed to Mary Morris absolutely, the defendants being John [I] Howe's administrators; twenty-fourthly, that (having rehearsed: (1) that the suit's costs had been £184; (2) that the rehearsing indenture of mortgage's costs were £16; and (3) that whilst £81 should be charged on hereditaments (a), the balance should fall upon other property) on 1st. Nov., 1873 (for £200 paid by Louisa Ann Bult to Thomas and Mary Morris, A. [II] and F.H. Herbert and John [II] Howe) John Brown Twist, T. and M. Morris and A. [II] and F.H. Herbert granted to Louisa A. Bult inter alia hereditaments (a) with redemption at £5% p.a. interest on 1st. May[, 1874] (but the sum had not been since paid); twenty-fifthly, that by his 20th. June, 1872 will F.H. Herbert appointed as trustees A. [II] Herbert and Frederick Twist, leaving to the former certain realty and residuary personalty; twenty-sixthly, that F.H. Herbert died on 30th. Nov., 1874 and that his will was proved on 25th. Jan.[, 1875]; twenty-seventhly, that on 26th. Nov., 1873 Mary Morris died, intestate as regards the two quarter-shares of the hereditaments to which she was entitled through the deaths of her sisters Ann Howe and Elizabeth Clowes; twenty-eighthly, that on 23rd. June, 1879 (for £81 paid by T. Morris, Mary Elizabeth H. Morris and A. [II] Herbert; and for £119 paid by J. [II] Howe) L.A. Bult reconveyed inter alia hereditaments (a) to T. and Mary E.H. Morris and A. [II] Herbert; twenty-ninthly, that by a 14th. Mar., 1872 deed poll James Caird and George Ridley (two Inclosure Commissioners for England and Wales who were acting under the Coventry No. 2 Award) conveyed to John B. Twist hereditaments (b) under the terms which John [I] Howe's will had stipulated for hereditaments (a); thiriethly, that T. Morris possessed 3/16 (as heir at law of H.H., F.H. and L.H. Morris) and [½] [by surviving his wife], that M.E.H. Morris had 1/16 in her own right but should on her father's death receive the [½] as her mother's heir, and that A. [II] Herbert had the remaining [¼] in his own right and through his father's and brother's wills; thirty-firstly, that under the 18th. June, 1875 award for Enclosure No. 2, confirmed by the commissioners on 22nd., A. [II] Herbert agreed to buy from T. and M.E.H. Morris and himself their interest in the hereditaments for £4,598/9/- including timber; and thirty-secondly, a covenant to produce scheduled deeds which related to J. [II] Howe's other property: therefore for £4,598/9/- T. Morris, M.E.H. Morris (of Worthing, spinster) and A. [II] Herbert conveyed to William Read (watch-manufacturer), William Taunton (auctioneer), Charles Flint (watch-manufacturer), Nathaniel Poole (weaver), Frederick Bird (chemist and druggist), Daniel Clare (shoe-manufacturer), George Lloyd (haberdasher), William Pitman Collingbourne (clothier), Joseph Clayton Brown (watch manufacturer), Henry Hedger (china-dealer), and William Laxon (wholesale provision dealer), all Coventrians and trustees under the Coventry [No. 2] Enclosure Award (1875) (a) (i) a farmhouse, (a) (ii) two closes (formerly one which was called "Upper Broomfield Close") which together with the farmhouse covered 8a.1r.4p. at Earlsdon Lane (formerly in Coventry but then in Warws.; successively occupied by John Cleeter, William Twycross, John [I] Howe and (then) Thomas Warden), (a) (iii) three other closes ("Middle Broomfield Close" with two yards, "Lower Broomfield Close" and "Great Meadow"; together 21a.1r.20p. they were near Earlsdon Lane and held successively by John Saunders, John [I] Howe and (then) Thomas Warden), (a) (iv) a right of road through the closes from Summerland Butts Lane over two closes near the city (called "Two Bull Fields") and forming a way at most 11ft. wide, and (a) (v) a similar right of road over the south-eastern corner of Quarry Close which adjoined the further Bull Field (both Bull Fields and Quarry Close had once been sold to Sir Skears Rew, Kt.); and (b) (i) a 7-p. allotment in Earlsdon Lane (bounded east by part of (b) (ii) and west by the lane), (b) (ii) a 1r.3p. allotment and (b) (iii) an 8-p. allotment (both bounded by the lane); on a plan (a) hereditaments were shown in green and (b) in pink: T. and M.E.H. Morris and A. [II] Herbert covenanted that they had good right to grant the property, whilst J. [II] Howe promised to produce scheduled deeds.

 

Schedule: the deed's twenty-fifth, tenth and twenty-sixth recitals, the twenty-sixth's counterpart(?), the twelfth and the twenty-ninth recitals.

 

II 18th. June, 1875. Award made by "Edward" James Smith with Henry Brown, Frederick Robinson, William Read, William Eaves, William Taunton, Charles Flint, William Howard Mercer, John Stean, Nathaniel Poole, John Webb, Amos Field, Frederick Bird, Daniel Clare, Eli Green and Joseph Odell as Freemen's Trustees, of whom seven should be able to form a board; new ones would be made (when four had died or resigned) at a meeting with fourteen days' notice; clear profits from unsold enclosures would be invested in consols.

 

III 22nd. June, 1875. Award confirmed.

 

IV 29th. Sept., 1875. Minutes of Freemen's meeting held under the 1875 Award whereby, having recited: firstly, I, II; secondly, the deaths of Henry Brown, Frederick Robinson, William Eaves, John Webb and Amos Field; thirdly, Joseph Odell's resignation; and fourthly, that on 8th. Sept., 1875 the surviving feoffees advertised in the "Coventry Standard", "Coventry Times", "Coventry Herald" and "Coventry Independent" their intention of meeting on 29th. Sept., 1875 at 20.00 to appoint new trustees: therefore they nominated George Lloyd* (of Hay Lane, haberdasher), Charles "Herbert" Pattison* (of Lower Ford St., ribbon-manufacturer), William Pitman Collingbourne* (of Broadgate, clothier), Joseph-Clayton Brown* (of Spon St., watch-manufacturer), John Smith (of Pepper Lane, licensed victualler), Henry Hedger* (of Broadgate, china-dealer), William Laxon* (of Earl St., provision-dealer), Thomas Beech (of Spon St., maltster), George Henry Lester (of Perkins St.[, Hillfields], ornamental metalworker), George Henry Haywood (of Earl St., hosier), George Hall Edwards (of High St., draper), Joseph Edge Banks (of Radford Rd., currier) and Robert Arnold Dalton (of the Quadrant, ribbon-manufacturer) [of whom the asterisked were elected].

 

V 1st. July, 1879. Minutes of Freemen's meeting whereby, having recited: firstly, II; secondly, that Eli Green had resigned on 8th. Sept., 1877; thirdly, that William Howard Mercer had resigned on 29th. Sept., 1877; fourthly, that John Steane had died on 11th. Nov., 1877; and fifthly, that Charles Hubert Pattison had resigned on 29th. Apr., 1879: therefore they appointed as new trustees William Cleaver (of Holyhead Rd., watch-engraver), Charles Eaves (of Spon St., watch-manufacturer), Thomas Bunney (of Paradise St., ribbon-manufacturer) and Isaac Jabez Theo Newsome (of The Butts, watch-manufacturer).

 

VI 24th. Dec., 1886. Minutes of Freemen's meeting whereby, having recited: firstly, II; and secondly, the deaths of William Taunton (on 12th. May, 1880), Henry Hedger (on 25th. Aug., 1881), Nathaniel Poole (on 31st. July, 1885), Charles Flint (on 31st. Oct., 1885) and Thomas Bunney (on 14th. Nov., 1885): therefore they appointed as new trustees John Hewitt (of Holyhead Rd., watch-manufacturer), Jabez Kirby Newsome (of The Butts, watch-manufacturer), Edward Turrall (of King St., ribbon-manufacturer), Thomas Liggins (of the Burges, tailor) and Alfred William Hitchin (of Radford St. [sic], watch-jewel hole-manufacturer).

 

VII 30th. Sept., 1891. Minutes of Freemen's meeting whereby, having recited: firstly, II; and secondly, the deaths of J.C. Brown (on 9th. Oct., 1887), D.H. Clare (on 25th. Feb., 1889) and I.J.T. Newsome (on 13th. Jan., 1891), together with G. Lloyd's resignation (on 1st. Aug., 1890): therefore they appointed as new trustees Arthur James Walker (of Earlsdon St., Earlsdon, watch-case manufacturer), Thomas William Liggins (of Queen Victoria Rd., builder), Thomas Lester Price (of Spon St., watch-finisher) and Abraham Webster (of Raglan St., gent.).

 

VIII 3rd. Dec., 1895. Minutes of Freemen's meeting whereby, having recited: firstly, II; secondly, the deaths of T.L. Price (on 14th. Apr., 1893) and A. Webster (on 29th. Jan., 1895); and thirdly, the resignations of Charles Eaves (on 8th. Oct., 1895) and William Laxon (on 14th. Nov., 1895): therefore they appointed as new trustees James Calcott (of Foleshill Rd., cycle-manufacturer), Samuel William Read (of Craven St.[, Chapelfields], watch-manufacturer), Hugh Pails (of Starley Rd., watch-maker) and James Richardson (of Holyhead Rd., manufacturer).

 

IX 8th. May, 1902. Minutes of Freemen's meeting whereby, having recited: firstly, II; and secondly, the deaths of William Cleaver (on 3rd. Apr., 1897), William Read (on 7th. Jan., 1901), James Richardson (on 20th. June, 1901), John Hewitt (on 6th. Sept., 1901) and S.W. Read (on 23rd. Nov., 1901): therefore they appointed as new trustees Charles Watson (of London Rd., house-agent), Alfred Cave (of Much Park St., builder), Arthur Fennell (of Warwick St., Earlsdon, gold-watch case-maker), Alfred Wood (of Holyhead Rd., gent.) and Walter Mason (of Earl St., warehouseman).

 

X 15th. Nov., 1907. Minutes of Freemen's meeting whereby, having recited: firstly, II; and secondly, the deaths of W.P. Collingbourne (on 4th. Aug., 1902), A.W. Hitchin (on 2nd. July, 1904) and Thomas Liggins (on 22nd. Sept., 1905) and the resignation of Edward Turrall (on 25th. Oct., 1907): therefore (having adjourned the meeting from 4th.) they reinstated E. Turrall and appointed as new trustees William John Wormell (of Eaton Rd., slater), Frank Snape (of St. Patrick's Rd., pork butcher) and James Arch (of Binley Rd., clerk to the Board of Guardians).

 

B As to the Remainder of the Estate:

 

XI 29th. Oct., 1894. Conveyance whereby, having recited: firstly, the 9th. Oct., 1868 memorandum that George Harry Bradney Pershouse (in 1894 of Victoria Park, Manchester, esq.; a bachelor) had deposited with Messrs. [Hugh] Rowland Beaver and Augustus Percy Earle a bundle of deeds relating to Canley land as a further security for £2,500 which they then lent him upon a further charge for property at Chorley, Wilmslow pa.[, Ches.]; secondly, that the bundle included deeds for the reciting document's land; thirdly, that on 29th. May, 1883 Augustus P. Earle (as surviving mortgagee) and George Harry Bradney Pershouse assigned the £2,500 to William and Richard Cobbett (in 1894 described as of Manchester, solicitors), having handed over the deeds on 23rd.; fourthly, that on 2nd Oct., 1890 George Harry B. Pershouse made a statutory mortgage to W. Cobbett of those premises and others for £700 (subject to the 1868 memorandum and moneys) for redemption plus £4% p.a. interest on 2nd. Apr., 1891; fifthly, that the Freemen's Trustees (William Read, Frederick Bird, William Pitman Collingbourne, William Cleaver, Charles Eaves, Alfred William Hitchin, John Hewitt, Jabez Kerby Newsome, Arthur James Walker, Abraham Webster, Thomas William Liggins, Edward Turrall and Thomas Liggins) had agreed to buy the property from George H.B. Pershouse for £2,745/16/6; and sixthly, that £1,215 of the purchase-price should go to W. and R. Cobbett as part-discharge of their £2,500 but £340 to W. Cobbett similarly for his £700: therefore (for £1,215 and £340 so-paid, and the £1,190/16/6 residue to G.H.B. Pershouse) the Cobbetts and G.H. Pershouse conveyed to William Read et al two pieces of land formerly in three enclosures (17a.1r.25p.) with a shed and barn in St. Michael's pa., Coventry (occupied by Thomas Warden (once part of several closes (together 23a.) let to Thomas Cotton); bounded on the west and part of the north by the Freemen's Trustees' property, north by Spencer Park, south by the Kenilworth Rd. - Earlsdon highway and east by the foot-road from Dalton Rd. to Styvechale Common), as shown in pink on a plan, discharged from both the £2,500 and £700 and from all claims under the 1868 memorandum or 1890 mortgage: the Cobbetts acknowledged W. Read et al's right to see the 1883 assignment; G. Pershouse admitted Read et al's right to have copies of the 1890 mortgage.

 

XII 29th. Oct., 1894. Mortgage whereby, having recited: firstly, that under a 25th. Oct., 1894 deed poll (sealed by Thomas William Liggins) the freemen corroborated their 15th. Oct., 1894 resolution to raise £800 by mortgaging two pieces of land (17a.1r.25p.) near Spencer Park and the Dalton Rd. - Styvechale Common footpath with £4% p.a. interest; secondly, XI; and thirdly, that £800 of the £2,745/16/6 purchase-price thereunder was lent by Arthur Samuel Laxon (of Coventry, merchant): therefore William Read et al covenant to repay Arthur Samuel Laxon his money with £3/15/-% p.a. interest on 29th. Apr.[, 1895].

 

XIII 21st. Dec., 1900. Mortgage-transfer whereby, having recited that the £800 principal alone was due, Arthur Samuel Laxon assigned that sum and the premises to Elizabeth Buckler (of King St., Bedworth, Warws., spinster).

 

XIV 23rd. Aug., 1907. Reconveyance whereby, having recited: firstly and secondly, XII and XIII; thirdly, that all moneys had been discharged; and fourthly, that Frederick Bird, Edward Turrall, Jabez Kirby Newsome, Arthur James Walker, Thomas William Liggins, James Calcot[t], Hugh Pails, Charles Watson, Alfred Cave, Arthur Fennell, Alfred Wood and Walter Mason were the then Freemen's trustees: therefore Elizabeth Buckler conveyed the premises to Frederick Bird et al.

 

C As to the Whole of the Estate:

 

XV 18th. Jan., 1908. Settlement whereby, having recited: firstly, that scheduled lands formed part of the freehold estate under the 1875 Coventry (No. 2) Award; secondly, that the lands were depicted on a plan therewith; thirdly, that Frederick Bird and William Laxon had a legal interest in the section coloured pink on the plan [part B's property]; fourthly, that F. Bird, Jabez Kerby Newsome, Edward Turrall, Arthur James Walker, Thomas William Liggins, James Calcott and Hugh Pails were similarly interested in the part shown in green on the plan [part A's hereditaments (a)]; fifthly, that F. Bird, J.K. Newsome et al, Charles Watson, Alfred Cave, Arthur Fennell, Alfred Wood and Walter Mason were likewise interested in the part painted in blue on the plan [part A's hereditaments (b)]; and sixthly, that F. Bird, J.K. Newsome et al, Charles Watson et al, William John Wormell, Frank Snape and James Arch (all the trustees) had requested F. Bird and W. Laxon, F. Bird and J.K. Newsome et al, and F. Bird, J.K. Newsome et al and C. Watson et al to vest everything in F. Bird, J.K. Newsome et al, C. Watson et al and W.J. Wormell et al: therefore that was done.

 

Schedule: Freemen's trustees' estates in Albany Rd., Spencer Park and Earlsdon Lane, subject to any subsisting leases.

Date: 1909
Held by: Coventry Archives, not available at The National Archives
Language: English

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