Catalogue description Abstract of Messrs. C[harles] J[ames] Band's and George Nichols' title to Gosford Park...

This record is held by Coventry Archives

Details of PA 242/3/2
Reference: PA 242/3/2
Description:

Abstract of Messrs. C[harles] J[ames] Band's and George Nichols' title to Gosford Park Estate:-

 

I 13th. Feb., 1865. Settlement whereby, having recited inter alia: (firstly) a 28th. Sept., 1860 Disentailing Deed (enrolled the next day in Chancery) whereby manors and other hereditaments were limited (subject to a £300 rent-charge upon the firstly-therein scheduled property on behalf of Adelaide Grace Northey) as Rt. Hon. George Ives, Lord Boston and his son Hon. Florance George Henry Irby should appoint should be done by Edward White; and (secondly), a 25th. Oct., 1861 indenture concerned with the copyholds at Allesley manor, Warws.: therefore Lord Boston and Hon. Florance George Henry Irby appointed to Hon. Augustus "Antony" Frederic Irby (therein called Augustus Antony Irby) and to Frederick Drake, Barston, Foleshill and Shortley manors[, Warws.] and property in Barston, Stoneleigh East End, Hawkes End, Allesley, Foleshill, Shortley, Pinley and the pas. of St. Michael and Holy Trinity, Coventry[, Warws.] (excepting mining-rights which are described for part of the premises in a 19th. Apr., 1863 indenture which Lord Boston and Florance George H. Irby made with Thomas Ball Troughton so that Hon. Florance G.H. Irby should during the joint lives of himself and his father receive a £300 p.a. rent-charge but allow Hon. Augustus Antony Frederic Irby and F. Drake a 99-year term for better securing that rent-charge; subject to that term, the premises would be to Lord Boston's use for life with successive remainders to Hon. F.G.H. Irby, that son's children as their father might appoint (or in order of seniority if he did not specify otherwise) but managed if necessary by trustees during F.G.H. Irby's heir's minority, and as F.G. Irby might (after his father's death) charge with at most £6,000 plus £5% p.a. interest; Hon. Augustus Antony F. Irby and Drake might lease the property for 99 years, enfranchise or exchange copyholds or freeholds, sell surface mines separately and nominate other trustees - their receipts would be a sufficient discharge.

 

Schedule of fourteen pieces of land totalling 53a.0r.27p.

 

II 10th. Apr., 1865. Hon. Florance George Henry Irby's will whereby he appointed his property to such of his sons (except the one who, if the testator predeceased Lord Boston, would inherit the family estate) as should first attain 21 years, and named his wife Hon. Augusta Caroline Irby his executrix.

 

III 22nd. Dec., 1869. George Ives, Lord Boston died.

 

IV Apr. [sic], 1870. Hon. Augustus Antony Frederic Irby died.

 

V 4th. Jan., 1877. Florance George Henry, Lord Boston died with three sons surviving him who are all minors.

 

VI 27th. Mar., 1877. Appointment of New Trustee whereby, having recited I, III and IV, Frederick Drake appointed Augustus Arthur Vansittart (of "Grata Quies", Cambridge) a trustee in place of Hon. Augustus Antony Frederic Irby.

 

VII 17th. June, 1880. Appointment of New Trustee whereby, having recited V, Frederick Drake and Augustus Arthur Vansittart appointed John Wingfield Malcolm (of Poltolloch, Argyllshire[, Scotland]) a trustee in place of Frederick Drake.

 

VIII 6th. Sept., 1882. Florance George Henry Irby's eldest son, Rt. Hon. George Florance, Lord Boston achieved his majority.

 

IX 31st. Dec., 1881. By a Disentailing Deed George Florance, Lord Boston conveyed to Edward Partington inter alia property in Holy Trinity pa., Coventry with rights, except those which the 19th. Apr., 1863 indenture had reserved, subject both to £2,610/15/3 charged in favour of George Ives, Lord Boston's executors on Allesley and Stoneleigh premises and to £300 rent-charge for Adelaide Grace Northey.

 

X 3rd. Jan., 1882. Confirmation of Settlement whereby, having recited: firstly, I; secondly, a 6th. July, 1865 indenture concerning copyhold; thirdly, III and George Ives, Lord Boston's 13th. Aug., 1869 will which named Hon. Florance George Henry Irby his executor (who proved it); fourthly, II; fifthly, that Florance George Henry, Lord Boston died without further exercising I's power of appointment; sixthly, that Florance George Henry, Lord Boston's sons were George Florance, Lord Boston, Hon. Cecil Saumarez Irby and Hon. Gilbert Neville Irby; seventhly, VIII; eighthly, that Hon. Cecil Saumarez and Hon. Gilbert Neville Irby were born on 13th. Feb., 1862 and 3rd. Oct., 1864 respectively; ninthly, that it was doubtful that II alone could effect its purpose; and tenthly, IX: therefore George Florance, Lord Boston appointed that his manors and lands remain limited as before and conveyed them to William Chilvers Boodle to be held in trust for Lord Boston until Cecil Saumarez Irby achieve his majority and then be that brother's property absolutely.

 

XI 3rd. Dec., 1883. Hon. Cecil Saumarez Irby became of age.

 

XII 8th. Dec., 1885. Statutory declaration by the Rt. Hon. Augusta Caroline, Lady Boston (the wife of Sir Henry Percy Anderson of Cookham, Berks., K.C.M.G.) that she married F.G.H. Irby on 27th. Oct., 1859 and that C.S. Irby was born on the 3rd February 1862.

 

XIII 30th. Jan., 1885. Marriage Settlement whereby, as Hon. Cecil Saumarez Irby (Captain, 7th. Bttn., King's Royal Rifle Corps) was about to wed Florence Augusta Upton Cottrell-Dormer (of Ingmire Hall, Yorks., spinster), Hon. Cecil Saumarez Irby conveyed to Clement Adelmar Cottrell-Dormer (of Ingmire Hall, esq.) and Philip Lyttleton Gell (of 2, Tanfield Court, London, esq.) Barston, Foleshill and Shortley manors and property in Barston, Stoneleigh, Allesley, Foleshill, and St. Michael's and Holy Trinity pas., Coventry, Warws. as shown in the deed's first and second schedules (subject to the 19th. Apr., 1864 conveyance of some mineral-rights) and any other lands comprised in I which (except second-scheduled property) had not since been sold: the first schedule's lands (a) (subject to the £300 for Adelaide Grace Northey (Hon. Cecil S. Irby's great-aunt) under a 29th. Sept., 1860 indenture and to the mining rights) would be to the use of Hon. C.S. Irby until the marriage, then to him with a right for Florence Augusta Upton Cottrell-Dormer (if she survive him) to have a £600 yearly rent-charge, quarterly-paid - subject thereto, Hon. James St. Vincent Saumarez (of 43, Grosvenor Pl., Hyde Park, Mdx.) and Charles Walter Cottrell-Dormer (of Rousham, Oxon., lieutenant in 13th. Regt., Queen's Hussars) would hold the land for a 1,000-year term to the successive uses of the couple's sons (in order of seniority) and Hon. C. Irby; the deed declared that Hon. James St. Vincent Saumarez and Charles Walter Cottrell-Dormer should become trustees for any child which reached 21 years (or in the case of a daughter married earlier) who should not be covered by the previous provision so as to raise portions of £5,000 for each of one or two such children or £10,000 between three or more.

 

Schedule 1: (a) Barston Park Farm.

 

(b) Inter alia fourteen pieces of land as in I.

 

Schedule 2: Particulars of excepted land.

 

XIV 14th. Sept., 1901. Appointment of New Trustee whereby, having recited XIII, Hon. C.S. Irby appointed John Herbert Cottrell-Dormer (of Cokesthorpe Park, Witney, Oxon., esq.) a trustee in place of Clement Adelmar (Upton) Cottrell-Dormer to act jointly with Philip Lyttleton Gell.

 

XV 27th. Jun, 1903. Appointment of New Trustee whereby, having recited that that deed supplemented XIII and XIV, Hon. C.S. Irby appointed Cecil Pugh (of "Briarwood", Sedburgh, Yorks., esq.) a trustee to act with P.L. Gell in place of J.H. Cottrell-Dormer.

 

XVI 14th. Nov., 1907. Conveyance whereby, having recited: firstly, XIII; secondly, that Philip Lyttleton Gell (formerly of 2, Tanfield Ct., London; then of Hopton Hall, Derbs., esq.) and Cecil Pugh (described as in XV) were trustees under XIV and XV; and thirdly, that a 13th. July, 1907 deed (made between Coventry corporation of the first part, Frederick Bird et al of the second, Hon. C.S. Irby of the third, and P.L. Gell and C. Pugh of the fourth) conveyed the secondly-described hereditaments to P.L. Gell and C. Pugh: therefore (for £11,878/11/- paid by George Nichols (late of Leicester but then of "Harefield", Stoke, Coventry, plasterer) and Charles James Band (of Coventry, solicitor) on behalf of Hon. Cecil Saumarez Irby (of Hitcham Grange, Taplow, Bucks.) to Philip Lyttleton Gell and Cecil Pugh) Hon. Cecil Saumarez Irby conveyed to George Nicholls and Charles James Band land then lately occupied by S. Dowell, G.L. Taylor, Hadden & Grimes and T.W. Williams (38a.3r.11p. in St. Michael's pa., enumerated according to a 1905 Ordnance Survey map) and subject to the first schedule's covenants; Hon. Cecil S. Irby and his trustees acknowledged the purchasers' right to production of the second-scheduled documents.

 

First Schedule: the purchasers should fence off the premises, not dig for building-materials, construct five streets 40 ft. wide ([St. George's Rd.] within twelve months, and [Humber Ave. (part), Terry Rd. (part), Northfield Rd. and Charter-house Rd. (part)] within five years from 17th. Jan., 1907); Hon. C.S. Irby might connect these roads and their sewers to others without charge but should indemnify the purchasers from liability for marking streets through the entrances shown on the plan.

 

Second Schedule: I, VI, VII, IX, X, XIII, XII, XIV, XV. XVII 30th. Oct., 1907. Statutory Declaration by Hon. C.S. Irby that I's powers included the possibility of raising at most £6,000, that he was the tenant for life, and that St. Michael's pa. land was not charged with even part of the £6,000.

Date: 1907
Held by: Coventry Archives, not available at The National Archives
Language: English

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