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Lease and Release with Assignment of two Mortgages by Demise for 1,000 Years and of one for 500 Years in Trust to Attend the Inheritance
PA466/12/10-11
23 Dec 1824 - 24 Dec 1824
item
Coventry Archives & Research Centre
Whereby, having recited: firstly, PA466/11/6-7; secondly, PA466/12/1-2; thirdly, that Charles Chambers (in 1824 of Southampton Row, Middlesex, linendraper) did not execute PA466/12/1-2 because he was an infant; fourthly, PA466/12/4; fifthly, Henry [I] Jackson's will (5 Jun 1804) as in PA466/12/6; sixthly, that H. [I] Jackson died during Jul 1806 but that probate was granted as soon as 23 Sep that year; seventhly, that, when H. [I] Jackson died, Thomas [I] Jackson senior (in 1824 of Alveston, Warwickshire, gentleman) had as living children Elizabeth, Mary [II], Henry [II], Thomas [II] junior and Helen (in 1824 all of Alveston, spinsters or gentlemen) plus the since-dead Edward; eighthly, that Thomas [I] Jackson senior has fathered subsequently the under-age Richard and Frances; ninthly, that Edward Jackson died during Sep 1822 a bachelor and intestate, leaving his brother Henry [II] his heir at law; tenthly, that John Parish died during 1807, his will (dated 14 Sep that year) appointing his wife Elizabeth, William Serjeant (of Wyken, Coventry, farmer and grazier, since deceased) and Samuel Brooks (in 1824 of Exhall, Coventry, gentleman) executrix and executors, the men proving it the following Oct; eleventhly, that during Easter term, 1807 a suit was advanced in Chancery by Ralph Cure, Stephen Rawlins, Charles Jordan [ribbon-manufacturer] and Hannah Smart on behalf of other creditors of H. [I] Jackson against H. [II] Jackson, James Perkins (in 1824 of Leek Wootton, Warwickshire, gentleman) and Mary and Elizabeth Jackson, petitioning that the male defendants might admit assets or be decreed by the court to account for the testator's, selling his property if necessary; twelfthly, that, following an answer and a replication, on 12 May 1807 a decree was made for Mr. Stanley, Master in Chancery, to take an account of what was due to the creditors, using first personalty and then realty to defray debts; thirteenthly, that Stanley's successor Mr. Stephen reported on 19 Jul 1811, and the fact of the 13 Feb 1812 hearing and orders of that date and 21 Dec 1815 which estimated that the creditors were owed £1,539/4/7 but that the defendants H. [II] Jackson and James Perkins (having paid £1,006/4/- in single contract debts) would be entitled to stand as creditors for £1,522/12/9 which should be paid to the speciality creditors as far as possible but otherwise must be raised (as could be costs) by sale of realty - as the testator did not devise his estate of Vauxhall alias Foleshill but that descended to H. [II] Jackson as his heir at law, that was to be to be sold and the money placed in the Bank as it did not add to this litigation's credit, the master calculating that the rest of the estate should be sold if Vauxhall's sale-money prove insufficient to discharge debts, whereupon he would sell mortgaged estates and place consequent money in the Bank; fourteenthly, that the testator's daughter Mary [I] married William Newbold (farmer) in 1809, dying without issue during 1813, so her moiety has passed to her sister Elizabeth; fifteenthly, that in Jan 1819 Elizabeth Jackson married Horatio Palfrey; sixteenthly, that a bill of revivor was filed following Mary Newbold's death; seventeenthly that, under 13Feb 1812 and 2 Mar 1816 decrees, Master Stephen reported (2 Jun 1819, confirming nine days later) that Vauxhall had been sold for £350, but that he had not sold the other estates as that would be disadvantageous to interested parties - however, he had advertised them for sale at Coventry on 25 Oct 1816 in five lots, whereupon lot 1 (ut infra) went to Richard Dadley (of Stoneleigh, Warwickshire, gentleman) for £1,832/17/3, but the land (as per a 5 Dec 1816 deed) was advertised in the "London Gazette" to be sold before him on 31 Mar 1817, when the Master allowed William Perkins (then of Warwick, ironmonger) to purchase for £2,032/17/3, whereupon that man (in pursuance of the 5 Dec 1816 order) paid £200 into the Bank and £1,300 to James Perkins but retained the residuary £532/17/3, whilst on 24 Sep 1816 James paid £305/18/- of his own moneys to Samuel Brooks for PA466/12/4's principal plus interest; eighteenthly, that by a 12 Aug 1819 decree the Master could acquire what was due from W. Perkins on account of the purchase-money's balance; nineteenthly, PA466/12/5-6; twentiethly, PA466/12/7; twenty-firstly, that W. Perkins' 13 Aug 1810 [dated 19 Aug 1820 in CCA/2/3/433/50] will left his Coventry and Southam, Warwickshire property to Thomas Handley (in 1824 of Barford, Warwickshire, gentleman) and John Summers (in 1824 of Coventry, ironmonger) as trustees, naming them executors along with his wife Letitia (in 1824 of Leamington Priors); twenty-secondly, that W. Perkins died during Jun 1821, probate being granted on 26th. of that month; twenty-thirdly, a 20 Dec 1821 order that Master Stephens should take account of what was due to J. Perkins on account of £37/6/- paid to Joseph Russell for interest and of £305/18/- paid to Samuel Brooks, which would be discharged into the Bank; twenty-fourthly, that on 7 Mar 1822 the Master reported that £532/17/3 still remained due from W. Perkins' executors for principal with interest (at £4% per annum from 19 May 1817 to 7 Mar 1822) of £102/3/5, so totalling £635/0/8 due; twenty-fifthly, that that day the Master also reported that £46/4/11 was due to J. Perkins for principal and interest on the £37/6/-, and £389/3/11 likewise upon the £308/18/-; twenty-sixthly, that, from W. Perkins' personalty, his executors had paid J. Perkins on 26 Apr 1822 the £46/4/11 plus £389/3/11, totalling £435/89/10; twenty-seventhly, that Elizabeth Palfrey died during May [1824] without appointing who should enjoy the moiety which W. Perkins had purchased, leaving Horatio Palfrey (late of Leamington Priors, Warwickshire; now of Cirencester, Gloucestershire, auctioneer) and Thomas [I] Jackson since Henry [II] Jackson had predeceased her; twenty-eighthly, that a 9 Apr [1924] order confirmed both the 7 Mar 1822 reports; twenty-ninthly, that the £199/11/10 residue of the £635/0/8 due from W. Perkins' estate was on 17 Jul [1824] paid by his executors into the Bank; and thirtiethly, that it has been agreed that W. Perkins' messuages should be conveyed to Thomas Handley's and John Summers' use upon his will's trusts: therefore (in consideration of £2,032/17/3 (paid partly by W. Perkins and partly by his executors) to T. [I] Jackson and his surviving adult children, and of 10/- apiece paid by the trustees to Frederick Silver (described as in PA466/12/6), Horatio Palfrey, T. [I] Jackson, his children aforesaid and Charles Chambers) Frederick Silver (as regards PA466/12/6's moiety) and C. Chambers (for PA466/12/2's land) convey to the trustees "Stivichall House" with its appurtenances and closes in Saint John Baptist's parish, Coventry, covering 13a. 2r. 37p, (lately occupied by James Patchett, esq. but now untenanted) which form the three closes in PA466/12/2 and PA466/11/7's close:- moreover, having recited: firstly, PA466/12/2; secondly, that John Smart died during 1808, his will (20 Oct 1804) appointing as executors William Norris (in 1824 late of Bascote, now of Long Itchington (both Warwickshire), grazier) and Thomas Newbold (of Baginton, Warwickshire, grazier), who proved it on 7 Oct 1808; and thirdly, that William Norris and Thomas Newbold wish to assign their interest to William Collins (of Warwick, gentleman) and Samuel Brooks his to Edward Ivens (of Warwick, ironmonger): therefore, in consideration of 5/-, W. Norris and T. Newbold transfer their terms of 500 and 1,000 years to William Collins, raised under PA466/12/2; for 10/-, S. Brooks transmits to Edward Ivens the 1,000-year term raised under PA466/12/4; for 10/-, Brooks conveys the PA466/12/4 premises to E. Ivens so that the latter and W. Collins may stand seised.
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