A As to the Seven Stars Estate.
I 9 May 1782. Will of Richard [I] Hopkins (of Oving, Buckinghamshire, esq.) whereby the testator left all property to his bodily heirs, by default passing to his nephew Richard Northey with Sir Henry Bridgeman and Richard Slowhewer, esq. as trustees to preserve contingent remainders issuing from the nephew, and stipulating that all who inherited the estate should take the name of Hopkins; the tenant for life might jointure a wife at £100 per annum for every £1,000 which she might bring for her fortune up to a maximum of £500 per annum: the following annuities were listed:- testator's sister Anne £200, Richard Keys £200, Hannah Blunson £50, Agnes Maddison £40; to the testator's sister Anne Northey £500 and a ring, to Richard Keys £200, to Hannah Blunson £100, to Agnes Maddison £20, to nephews and nieces (Charlotte, Lucy, William and Edward Northey) £100 each, Colonel Thomas Goodricke £100, John Lant (gentleman) his steward £100, Sarah Foxton £50, her son Richard Knight £50, the will's trustees £50 each, poor of Oving £10 at the rector's and churchwardens' discretion, £21 to the same to bind a poor boy apprentice, and a year's wages to each servant; all charged if necessary on Warwickshire estates therefore devised to George Brydges Brudenell, esq. and Reverend Doctor Henry Matthew Schutz for two hundred years in trust for sale or mortgage. [PA194/32/3 is the probate copy of the whole document.]
II 11 Dec 1782. Codicil substituting £100 annuity for R. Keys' £200 one but balance devised to Henry Russell (of Bedford Row, Middlesex, esq.) and Henshaw Russell (of Hart Street, Bloomsbury, Middlesex, esq.), also £100 one for R. Keys' unnamed wife; within three months of the testator's death, the Russells would place another £1,000 at interest, produce being equally divided between Keys' two sons at 21 with right of survivorship or else drop into the residue; housekeeper Hannah Blenson, Sarah Fenton and housemaid Elizabeth Humphreys received annuities of £50, £20 and £10 respectively; £100 to E. Humphreys within three months of testator's death.
III 1 Jan 1799. Codicil of £20 per annum to Susan Bludwick (?)
IV 15 Aug 1799. Probate.
V 2 Jul 1807. Marriage Settlement mentioned in BA/D/A/47/34's second recital whereby, having recited: firstly, I, IV; secondly, that Richard Northey then entered into the estate, taking the name of Hopkins, which his son W[illiam] Northey Hopkins also used; and thirdly, that W. Northey Hopkins was to marry Ann Elizabeth Fortescue, annuities being settled according to the terms of an indenture of the same date: hence W. Northey Hopkins would, at the marriage's solemnization, admit by collusive action such assurances as Richard Blackhall Vincent and William Payler might direct for settling the Hopkins estate upon him with them as trustees, and jointure of £800 per annum to Ann E. Fortescue, to use of the trustees for 99 years for the jointure, then to Thomas Fortescue and Sir James Matthew Strange for 1,000 years for younger children's portions, meanwhile for W. Northey Hopkins' issue by seniority; if there be no child or only one, after W. Northey Hopkins' death his widow should receive a further £200 annuity; W. Northey Hopkins might charge property up to £15,000, might raise a £500 annuity for a future wife, and might (as might his infant issue's guardians) make 21-year leases; new trustees were appointable, sold lands would be discharged from trusts, and profits from such sales would be used to buy other property. [Original articles for the settlement are PA194/12/8.]
N.B.. When the estate was purchased in 1848, the vendor William Richard Northey Hopkins' solicitor said that V was not known to VI's framers.
VI 1-2 Jul 1811. Disentailing Deed whereby, having recited: firstly, R. [I] Hopkins' will and R. [II] Hopkins' name-change; and secondly, that William Hopkins Northey [sic] was R. [II] Hopkins' eldest son: therefore, for 10/-, R. [II] Hopkins and W. Hopkins Northey transferred to Edward Bray (of Great Russell Street, Bloomsbury, Middlesex, gentleman) Barston manor (Warwickshire), Foleshill manor (Coventry), Oving manor (Buckinghamshire), and premises in Barston, "Stoneley East End" [Eastern Green], "Hawkestend" [Hawkes End], Allesley, Foleshill, Shortley, Pinley, St. Michael's and Holy Trinity parishes (Warwickshire and Coventry) and Oving, Whitchurch, North Marston, Nether Winchenden and Cuddington (Buckinghamshire) so as to lead to a common recovery for which William Holmes (of Grafton Street, St. George's parish, Hanover Square, Middlesex, esq.) would sue during that Trinity Term, enuring as the Hopkinses might appoint or, by default, according to the terms of R. [I] Hopkins' will. [Original is PA194/12/11.]
VII Trinity Term, 51 George III. Exemplification of Common Recovery wherein William Holmes was demandant, Edward Bray tenant and R. [II] and W. Northey Hopkins vouchees for Barston manor, nine messuages, a dovehouse, ten gardens, 300a. land, 80a. meadow, 150a. pasture, 12a. wood and 200a. furze in Barston, Stoneleigh East End, Hawkes End and Allesley. [Original is PA194/11/41.]
VIII Trinity Term, 51 George III. As VII for Foleshill and Shortley manors, twenty messuages, a dovehouse, twenty gardens, 400a. land, 200a. meadow, 200a. pasture, 10a. wood and 600a. furze in Foleshill, Shortley, Pinley and Coventry, with tithes. [Original is PA194/8/44.]
IX 30-31 Aug 1811. Settlement (found at BA/D/A/74/14's third recital), reciting VI-VIII, whereby, for 10/- each, R. [II] Hopkins, with W. Northey Hopkins (of Sandford House, Gloucestershire, esq.) appointed to William [sic] Bray (of Great Russell Street, Bloomsbury, Middlesex, esq. [sic]) a moiety of the family's Suffolk hereditaments, also the manors of Barston, Foleshill, Shortley and Oving and lands in VI's places so that, while his father was alive, W. Hopkins Northey might enjoy £800 rentcharge with £500 annuity to his widow, otherwise (subject thereto) it would pass to the use of William Northey (of Box, Wiltshire, esq.) and William Holmes (of Warsash, Hampshire, esq.) for one thousand years on behalf successively of R. [II] Hopkins for life, W. Hopkins Northey likewise, and his issue by seniority; when R. [II] Hopkins died (or in his lifetime if he agreed), those trustees should raise £15,000 for disposal as W. Hopkins Northey [sic] might appoint; when W. Hopkins Northey died (or in his lifetime if he agreed), the trustees should raise £10,000 for his younger children's portions with £4% per annum interest, applying up to half a son's share towards his advancement; R. [II] Hopkins was empowered to appoint an annuity of at least £100 for each £1,000 which a future wife mght bring him up to £500, payable during her widowhood; W. Hopkins Northey was empowered to appoint a maximum of £1,000 annuity for a wife; the trustees might, with the holder's agreement, revoke any disposition except the £500 jointure rentcharge to A.E. Hopkins Northey.
22 Dec 1829. Endorsement whereby W.R. Hopkins Northey appointed that, after the marriage of his daughter Fanny Elizabeth Hopkins Northey with Honourable G[eorge] Ives Irby, £2,000 of £10,000 should be vested in Fanny Elizabeth Hopkins Northey's executors [sic], payable when R. [II] and W.R. Hopkins Northey were both dead, with £4% per annum interest; on 23 Dec 1829 £2,000 was assigned to Viscount Kirkwall and William Holmes. [The relevant marriage settlement is PA194/12/19.]
X 18 May 1812. Appointment whereby, having recited: firstly, IX; secondly, that W. Hopkins wanted to raise £1,000 of the £15,000 aforesaid, Lieutenant-General Richard [II] Hopkins agreeing to lend him the sum: therefore, for £1,000 from Lieutenant-General R. [II] Hopkins, W. Hopkins Northey appointed that William Northey and William Holmes should, after General R. [II] Hopkins' death, pay his father's executors £1,000 plus interest not exceeding £500; moreover, as further security for insurance, W. Hopkins Northey assigned to W. Northey and W. Holmes £50 of the £800 annuity which IX granted to W. Hopkins Northey during his father's lifetime plus as much of that annuity as equalled that man's loan for insurance; the son covenanted to effect an insurance whereby an annuity equal to the £1,000's interest should be payable to the father if the son predecease him, the father paying the policy's upkeep if the son fail financially. [Original is PA194/12/12.]
XI 24 Jul 1815. Appointment whereby, having recited: firstly and secondly, IX,X; and thirdly, that W. Hopkins Northey wanted another £500 of the £15,000: therefore for £500 W. Hopkins Northey appointed that, after Lieutenant-General Richard [II] Hopkins' death, William Northey and William Holmes should sell or mortgage the premises with £500 plus interest, subject to the jointure of any wife of W. Hopkins Northey; moreover, since Lieutenant-General R. [II] Hopkins had agreed that interest upon the £1,000 and £500 should only be received by his executors within three months of his death, W. Hopkins Northey covenanted to pay £5% per annum interest on the £500 within three such months and a like rate from 24 Jun 1814 to Lieutenant-General Hopkins' death on the £1,000. [Original is PA194/21/14, dated 24 Mar 1815.]
XII 15 Jul 1816. Appointment whereby, having recited IX-XI and that Lieutenant-General Richard [II] Hopkins had agreed to lend William Hopkins Northey a further £600 provided that the principal and interest be repaid from his death: therefore, for £600, W. Hopkins Northey appointed that William Northey and William Holmes should stand seised of the premises, subject to the prior mortgages, so that after his father's death they might srell or charge the property to pay his executors an additional £600 plus £5% per annum interest. [Original is PA194/12/15.]
XIII 15 Jul 1816. Endorsement upon XII whereby, having recited: firstly, that a moiety of a farm at Hinton, Suffolk (subject to IX) had been sold by William Northey and William Holmes, who had used the proceeds to buy £2,465/1/- Navy 5% bank annuities; and secondly, that Lieutenant-General Richard [II] Hopkins wanted William Hopkins Northey to raise £2,100 by sale of that stock in order to satisfy the £1,500 and £600 leases, which money he would assign to the son upon the trusts to which the stock was subject, so the son had paid the father £2,100: therefore the father assigned to the son the three mortgage sums with interest. [Original endorsed upon PA194/12/15.]
XIV 18 Jul 1818. Appointment whereby, having recited: firstly, IX; secondly, X-XIII; and thirdly, that Richard [II] Hopkins had agreed to lend William Hopkins Northey (residing at Brussels, Netherlands, esq.) another £400 provided it be repaid with interest from the lender's death: therefore, for that £400, William Hopkins Northey appointed that William Northey and William Holmes should stand seised of the premises from R. [II] Hopkins' death, subject to his wife's £500 annuity and prior charges, in order to sell or mortgage the premises after the father's death so as to discharge a further £400 plus £5% per annum interest from that time.
XV 18 Jan 1821. Transfer whereby, having recited: firstly, IX; secondly, that Richard [II] Hopkins was still alive; thirdly, that none of the £15,000 directed to be raised under the thousand-year term had been; and fourthly, that William Hopkins Northey had contracted to sell Charles [I] Hill (late of Wellingborough, Northamptonshire but then at Brussels, Flanders) £2,500 of the £15,000 for £1,050: therefore, in consideration of £1,050, W. Hopkins Northey sold Charles [I] Hill £2,050; for 10/-, he also sold the interest thereon; covenant not to revoke IX. [Original is PA194/12/16.]
XVI 1 Aug 1823. Appointment whereby, having recited: firstly, IX; secondly, X-XV; thirdly, that Lieutenant-General Richard [II] Hopkins was still living, that the total of the prior principals (£2,500 of £15,000) was still due, and that Charles [I] Hill was entitled to another £2,500; fourthly, that William Hopkins Northey had requested a further £1,000 loan for domestic uses from his father; but fifthly, that, as Lieutenant-General R. [II] Hopkins had only lent him £100, in order to persuade his father of his good intentions and get the remaining £900, W. Hopkins Northey was making Augustus Northey (of Tenby, Pembrokeshire, lieutenant-colonel) and James Thompson (of Ingatestone Hall, Essex, esq.) his trustees: therefore, for 10/-, in order to repay the prospective £1,000, W. Hopkins Northey appointed that William Northey and William Holmes, along with the one-thousand year term's trustees, should, after his father's death, possess the property, subject to prior charges, so that from a sale they might pay Augustus Northey and James Thompson the £100 and whatever else, up to a maximum of £1,000 altogether, R. [II] Hopkins might lend him, with £5% per annum interest. [Original is PA194/12/17.]
XVII 16 Apr 1830. Endorsement upon XVI whereby, having recited: firstly, that Lieutenant-General Richard [II] Hopkins had meanwhile lent William Hopkins Northey £900, i.e. £1,000 in all; secondly, that W. Hopkins Northey had requested another sum for domestic uses from his father; and thirdly, that Lieutenant-General R. [II] Hopkins had lent his son £500 with the intention of loaning a like sum at this deed's execution, a further £500 on 10 Jul [1830] and perhaps a fourth such amount: therefore (in consideration of three X £500 (hence £3,000 altogether had been loaned), and 10/- by Augustus Northey and James Thompson to W. Hopkins Northey) W. Hopkins Northey appointed that William Holmes (who had survived William Northey) should upon Lieutenant-General Hopkins' death stand seised of the property, subject to prior charges, for sale or mortgage to discharge A. Northey's and J. Thompson's money, the two £500 sums immediately lent hereby and the next £500 and any ensuing sum, the loans to be at £4% per annum interest; W. Hopkins Northey covenanted to pay A. Northey and Thompson their money within three months of his father's death. [Original endorsed upon PA194/12/17.]
XVIII 20 Sep 1831. Endorsement on XVI whereby, having recited: firstly, that Richard [II] Hopkins had lent William Hopkins Northey the 18 Jul 1830 £500, £100 on 12 Oct [1830], £100 during Jan [1831], £900 on 1 Mar [1831], £100 in Jul [1831] and £300 immediately before the execution thereof, which totalled, with the two earlier £500 sums, £3,000; secondly, that W. Hopkins Northey wanted another £100; and thirdly, that R. [II] Hopkins had agreed to advance that £100 provided he obtained security for that and future loans up to £1,000 but including that £100: therefore, for that £100 and 10/- paid by Augustus Northey and James Thompson for W. Hopkins Northey, W. Hopkins Northey appointed that William Holmes should, after his father's death, possess the premises, subject to the £9,000 in prior charges, for sale or mortgage, obtaining from the proceeds another £100 and future sums up to £900 at £4% per annum interest. [Original endorsed upon PA194/12/17.]
XIX 26 Aug 1833. Appointment whereby, having recited: firstly, IX; secondly, that William Northey died during 1826, being survived by William Holmes; thirdly, that, by a bond of even date, William Hopkins Northey was bound to William, Francis, W. Ellis, Richard and Robert, Gosling and Benjamin [I] Sharpe (all of Fleet Street, London, bankers) in £2,000 for payment of £1,000 by 26 Feb 1834 with £5% per annum interest; and fourthly, that W. Hopkins Northey had agreed to execute that appointment as a further security: therefore, for 10/-, Hopkins Northey appointed that William Holmes should, after Lieutenant-General Richard [II] Hopkins' death, stand possessed of the premises, subject to prior charges, to mortgage or sell them to pay the bankers £1,000 and interest.
XX 3 Jan 1834. William Ellis Gosling died; his will, which had appointed Richard and Bennett Gosling his executors, was proved on 28 Feb 1834.
XXI 27 Jan 1834. William Gosling died, having appointed Robert and Bennett Gosling his executors; his will was proved on 11 Feb 1834.
XXII Feb 1838. Benjamin [I] Sharpe died, his 19 Mar 1834 will (proved on 19 Mar 1838) having appointed Richard Gosling and his son Benjamin [II] Sharpe, esq., executors.
XXIII 26 Apr 1845. Lieutenant-General Richard [II] Hopkins died, by his will having appointed as executors Richard Thompson Hopkins and Edward R[ichard] Northey, who proved it during Jun [1845].
XXIV 5 May 1845. Deed Poll whereby William Richard Hopkins Northey appointed a £500 annuity to his wife Ann Elizabeth if she should survive him, as well as the £500 which IX stated that she should receive.
XXV Oct 1845. Assignment whereby, having recited: firstly, IX-XIII; secondly and thirdly, William Northey's and Richard [II] Hopkins' deaths; fourthly, that X's and XI's sums remained unpaid; fifthly, that, however, no insurance was due; and sixthly, that Sir Henry Webster (of Upper Brook Street, Middlesex, colonel), Edward, Viscount Weymouth, Joseph Samuel Willes Johnson (of Stoke, Bath, Somerset, esq.) and William Douglas Dick (of Harley Street, Middlesex, esq.) had agreed to pay William Holmes £2,100 upon assignment of those prior sums which totalled £2,100: therefore, for that sum, on William Richard Hopkins Northey's behalf, W. Holmes assigned to Sir Henry Webster et al the sums totalling £2,100, together with interest.
XXVI 13 Oct 1845. Assignment whereby, having recited: firstly, IX, XIV, XVI; secondly, Lieutenant-General Richard [II] Hopkins' £900 loan following XVI; thirdly, that William Northey died beforeXVII had been executed; fourthly, XVII; fifthly, General Richard [II] Hopkins' series of small advances in 1830-31; sixthly, XVIII; seventhly, that, after XVIII's execution, Richard [II] Hopkins paid William Richard Hopkins Northey £900; eighthly, R. [II] Hopkins' death, will and probate; ninthly, that XIV's £400, XVI's £1,000 and XVIII's £1,000 principals alone were due; tenthly, that nothing was due to Augustus Northey and James Thompson under XVI-XVIII; and eleventhly, that Sir Henry Webster et al had agreed to pay Richard Thompson Hopkins and Edward Richard Northey £5,400, being assigned the equivalent total raised by XIV, XVI-XVIII: therefore for £5,400 A. Northey, J, Thompson, Richard T. Hopkins, Edward R. Northey and William R. Hopkins Northey consigned those prior sums to Henry Webster et al.
XXVII 13 Oct 1845. Assignment whereby, having recited: firstly and secondly, IX, XV; thirdly, that Charles [I] Hill had died during Aug [1845], by his will (7 Aug 1845) appointing his son Charles [II] Hill (of Great Harrowden, Wellingborough, Northamptonshire, esq.) his executor, who proved it in Oct that year; fourthly, Lieutenant-General Richard [II] Hopkins' death, the £2,500 principal still being due; and fifthly, that Sir Henry Webster et al, at William R. Hopkins Northey's request, had agreed to pay Charles [II] Hill £2,500 and take an assignment thereof: therefore for £2,500 C. [II] Hill transferred to Sir H. Webster et al the sum raised by XV.
XXVIII 13 Oct 1845. Assignment whereby, having recited: firstly, IX and William Northey's death; secondly, XIX's bond; thirdly, XIX; fourthly, William Ellis Gosling's death, will and probate; fifthly and sixthly, like teleologies for William Gosling and Benjamin [I] Sharpe; seventhly, Lieutenant-General Richard [II] Hopkins' death; eighthly, that the £1,000 secured by the aforesaid bond was still due to Francis, Richard and Robert Gosling as surviving obligees, but that interest had been discharged; ninthly, that the £1,000 upon a 2 Jul 1827 deed corroborating the bond had not been raised but was owing to F.R. and R. Gosling; tenthly, that Sir Henry Webster et al had agreed to pay the Goslings £1,000, taking an assignment for both the earlier such sums; and eleventhly, that both Robert and Bennett Gosling and he and Benjamin [II] Sharpe concurred: therefore for £1,000 F.R. and R. Gosling transferred the bond's £1,000 to Sir H. Webster et al and, for £1,000 paid to F.R. and R. Gosling, all the bankers and William Richard Hopkins Northey consigned the 1827 £1,000 to H. Webster et al.
XXIX 13 Oct 1845. Deed Poll whereby, having recited: firstly, IX-XIV; secondly, XV, XVI, XIX, XVII, XVIII; thirdly, the deaths of William Northey and Lieutenant-General Richard [II] Hopkins; and fourthly, that William Richard Hopkins Northey wanted £14,000 of the £15,000 raised under IX's terms: therefore William R. Hopkins Northey appointed that William Holmes should mortgage or sell lands to raise £14,000 for discharge of all sums, giving him any surplus.
XXX 14 Oct 1845. Mortgage whereby, having recited: firstly, IX; secondly, X-XVI; thirdly, William Northey's death; fourthly, that, before XVII, Lieutenant-General Richard [II] Hopkins paid William Richard Hopkins Northey £900; fifthly, XVII; sixthly, £500 as in the fourth recital but for XVIII's £500; seventhly, XVIII; eighthly, £900 as in the fourth recital but after XVIII; ninthly, XIX's bond and the deed itself; tenthly, William Ellis Gosling's, William Gosling's, Benjamin [I] Sharpe's and General Richard [II] Hopkins' deaths; eleventhly, XXVI-XXIX; twelfthly, prior mortgages' being due to William R. Hopkins Northey; and thirteenthly, that it was agreed that a £14,000 mortgage should be made as per XXIX: therefore, in order to discharge the prior recited mortgages (totalling £1,100) back to X's, for £3,00 paid to W.R. Hopkins Northey, William Holmes charged to Sir Henry Webster et al the Coventry and Warwickshire manors and lands, excepting Barston manor and its lands there and in Allesley; to be held, subject to IX's annuity to Ann Elizabeth Northey, for redemption of £14,000 plus £5% per annum interest redeemable at the end of IX's one-thousand year term; covenant that, if the interest should have been paid up to 14 Oct 1852 at £3/10/-% per annum, Sir H. Webster et al should not before then compel payment.
Schedule of Leicester Causeway, Seven Stars, Shortley, Foleshill and Coventry estates. [Original is PA194/12/20.]
[13 Apr 1852.] Memorandum [original endorsed upon PA194/12/20] that £2,286 was paid by Captain Richard Thompson Hopkins as trustee of the thousand-year term to "the undersigned" [unidentified] in part discharge of the £14,000.
XXXI 27 Nov 1848. Assignment whereby, having recited: firstly, XXX, since when Sir Henry Webster had died; secondly, that William Richard Hopkins Northey wanted the premises sold; thirdly, that the £14,000 was still due; fourthly, that, to improve title, William R. Hopkins and William Holmes wanted Edward, Viscount Exmouth, John Samuel Willes Johnson and William Douglas Dick to reassign the premises; and fifthly, that Edward, Viscount Exmouth et al were satisfied as to further security: therefore Lord Exmouth et al returned to William Holmes the "Seven Stars" inn, St. Michael's parish, Coventry, along with Long Meadow, Island Meadow, Furze Hill, Upper Robinson's Close, Robinson [sic] Close, and Coal Pit Lane, totalling 55a. 3r. 9p., known as Seven Stars Farm or Estate, occupied by Miss Harrison upon a yearly tenancy; to be held for the residue of the one-thousand year term,. [Original is PA194/12/21.]
XXXII 26 Mar 1849. Appointment (as in BA/D/A/47/32's fourth recital) whereby, having recited: firstly, IX; secondly, William Northey's and Richard [II] Hopkins' deaths; thirdly, that copyhold had not been surrendered; fourthly, immaterial dealings; fifthly, that William Richard Hopkins Northey (called William Northey Hopkins) wanted to appoint Richard Thompson Hopkins in place of W. Northey; sixthly, XXXIII; and seventhly, that £203/11/1 in £3/5/-% annuities should be thereafter transferred to William Holmes and Richard T. Hopkins: therefore William Northey Hopkins so appointed R.T. Hopkins; W. Holmes assigned to Frederick Lucas Capron (of Savile Place, Middlesex, gentleman) the Seven Stars Estate for the rest of the term and reassignment to Hokmes and R.T. Hopkins; and W. Northey Hopkins covenanted that XXX was the only encumbrance. [Original is PA194/12/22.]
XXXIII 26 Mar 1849. Endorsement on XXXII of assignment by Frederick Lucas Capron to William Holmes and Richard Thompson Hopkins of the premises for the term's residue. [Original is endorsed on PA194/12/22.]
XXXIV 27 Mar 1849. Deed Poll endorsed on V whereby, having recited: firstly, that William Richard Hopkins Northey (of Oving, Buckinghamshire and of Wilton Crescent, Knightsbridge, Middlesex) married Ann Elizabeth Fortescue, their children being one son (who died without issue an adult in 1829) and five living daughters; secondly, that Richard Blackhall Vincent and William Payler, parties to V, had long since died; thirdly, VI-IX and the appointment of Richard Thompson Hopkins as a new trustee; fourthly, that William Holmes and Richard T. Hopkins had agreed to sell land; but fifthly, that the purchasers had objected that IX did not conform with VI; and sixthly, that it was agreed that W. Holmes and R.T. Hopkins should become VI's trustees: therefore William Richard Hopkins Northey and his wife appointed Holmes and R.T. Hopkins trustees in place of Richard B. Vincent and W. Payler. [Original is endorsed on PA194/12/8.]
XXXV BA/D/A/47/32.
XXXVI BA/D/A/47/33.
XXXVII BA/D/A/47/34.
B As to hereditaments bought from Reynardson's Trustees. [Cf. PA618.]
XXXVIII 10-11 Dec 1770. Marriage Settlement whereby, having recited that George [II] Birch (of Middle Temple, London, esq., eldest son of James [I] Birch) was to marry Mary Newell (daughter of Thomas by his late wife Francis nee Fox): therefore for 10/- James [I] Birch (of Coventry, esq.) entrusted Godfrey Woodward Vane (of Putney, Surrey, esq.) and John Mander (of Bampton, Oxfordshire, esq.) with (a) a farmhouse with appurtenances at Pinley and Shortley, St. Michael's parish, Coventry with Long Acres or Lands, Pit Field, Barn Close, Yard Close, House Close or Brook Field, Great Meadow, Little Meadow, Rick Yard, Mill Meadow and Island, North Crab Tree Field, Middle Crab Tree Field and Long Crab Tree Field (all occupied by Alexander Haynes); (b) Ram Close adjoining (a) (let to Thomas Hodgskins); (c) a farmhouse with appurtenances at Pinley and Shortley with House Close, Folly Close, Folly Barn Close, Folly Meadow, Aldermoor Meadow, Cowhouse Close, Middle Close, Corner Close and Upper Barn Close (farmed by Simon Steane); and (d) Shortley fields near (c) known as Bowling Green Close, two Upper "Courgrees" [recte Conigrees], Nether [Conigrees] and Lower [Conigree] or Millers Close (lately tenanted by James Jackson, William Greenwood and Joseph Millward but then by Thomas Hodgskins): to be held for James [I] Birch's use until the marriage, then successively for him and George [I] Birch for the former's life, G. [I] Birch for life, Godfrey Woodward Vane and John Mander as trustees to preserve contingent remainders and raising a £350 annuity for Mary Newell as G. [I] Birch's widow, Godfrey W. Vane and J. Mander for a two-hundred year term for those Birch males' lives, Thomas [I] Birch (of St. George's parish, Hanover Square [,Middlesex]) and Henry Taylor (of Crawley, Hampshire, clerk [in Holy Orders]) for a five-hundred year term, G. [I] Birch's children begotten upon M. Newell by seniority, Thomas [I] Birch and Henry Taylor for one thousand years, and J. [I] Birch's heirs; if the five-hundred year term effect, Thomas Green (of Middle Temple, London, esq.) and Lovelace Hercey (of St. Marylebone parish, Middlesex, esq.) should raise sums for G. [I] Birch's and M. Newell's younger children, viz. £1,200 if one child, £1,500 if two, £2,000 if more, as the couple might appoint, with right of survivorship, with trustees to raise £4% per annum interest on those shares for the children's maintenance; if three or more children be reduced to two before the portions might become vested in the two, that pair should only enjoy their own entitlements; if G. [I] Birch give a child part of its portion during his lifetime, it would receive only the balance when its father die; trust to Thomas [I] Birch and Henry Taylor made for providing further portions for daughters if there be no sons; Thomas Newell (of Henley-on-Thames, Oxfordshire, gentleman), Daniel Fox (of Chancery Lane, Middlesex, esq.; heir at law of Francis Fox of Reading, Berkshire, clerk [in Holy Orders], deceased), Wadsworth Bush (of Southampton Buildings, Chancery Lane, London [sic], esq.) and Samuel Newell (of West Hampstead, Berkshire, clerk [in Holy Orders]) also participated.
XXXIX 23 Mar 1787. Will of George [I] Birch (of Remenham, Buckinghamshire, esq.) which stated that XXXVIII's land was worth £570 and that the testator had other land in Warwickshire, Staffordshire, Leicestershire and Coventry, and left all his property in successive remainders to the use of his sons James [II], Thomas [I], John William, George Edmund, any other sons, daughters, and right heirs; residuary personalty was to be distributed equally amongst younger children at 21 or earlier in a daughter's case if she were to marry with consent of guardians, meanwhile contributing towards maintenance in lieu of provision under George [I]'s marriage settlement; the testator appointed his wife, his cousin Thomas [I] Birch and his friend Sir Wadsworth Buck his executors: proved, 30 Apr 1803.
XL 9-10 Jan 1804. Disentailing Deed whereby, for 10/-, James [II] Birch (of Inner Temple, London, esq.; eldest son of George [I] Birch, formerly of Remenham, Buckinghamshire but late of St. Leonard's Hill, Windsor, Berkshire, by Mary nee Newell) consigned to John Benbow (of Lincoln's Inn, Middlesex, gentleman) 208a., with messuages, in Stoke, Pinley and Whitey in Stoke and St. Michael's parishes, Coventry (occupied by Thomas Cook, Elizabeth Robinsn, Thomas Soden and the late William Bray's personal representatives) so that John Bishton junior (of Kilsall, Shropshire, esq.) might become a tenant to the precipe in order to suffer three common recoveries at James [II] Birch's expense next Hilary term, with judgement given to John Bishton junior, to J. [II] Birch's use.
XLI Hilary Term, 44 George III. Exemplification of Common Recovery wherein John Bishopton junior, esq. was demandant, John Benbow, gentleman was tenant and James [II] Birch, esq. was vouchee for five messuages, fourteen gardens, 70a. land, 50a. meadow, 120a. pasture in Coventry, Stoke, Pinley and Shortley and the parishes of Holy Trinity, St. Michael and Stoke.
XLII 12 Jul 1804. Assignment with Extinction of Term whereby, having recited: firstly, XXXVIII; secondly, that George [I] Birch married Mary Newell, their progeny including George [II] and George Edward Birch, who died before their father, under age and unmarried; thirdly, XXXIX; fourthly, that Thomas [II] Birch (Lieutenant-Colonel; late of 16th. Regiment of Light Dragoons, the Assistant Quartermaster General acting under General Sir James Craig and residing at Colchester, Essex), John William Birch (of the Inner Temple, London, esq.) and Mary Jane Birch (of St. Leonard's Hill, Clewer parish, Berkshire, spinster), who are George [I] Birch's surviving younger children, were adult and who, as their provision under XXXIX was greater than that under XXXVIII, had agreed to accept the largesse; and fifthly that, following common recoveries, the property had vested in James [II] Birch the eldest son, he wanting his siblings' portions freed from it, Thomas [I] Birch (of New Bond Street, St. George's parish, Hanover Square, Middlesex, esq.) and Reverend Henry Taylor (formerly of Crawley, Hampshire; then of Banstead, Surrey, clerk [in Holy Orders]) surrendering the five-hundred year term's residue: therefore, for 10/-, Thomas [II], John William and Mary Jane Birch discharged to Thomas [I] Birch and Reverend Henry Taylor the premises, free from the portions; moreover, for 10/-, T. [I] Birch and Henry Taylor yielded to James [II] Birch premises in Birmingham, Bramcote, Pinley and Shortley, Bulkington, Wolvey and St. Michael's parish, Coventry so as to extinguish the term.
XLIII 28 Feb 1805. Discharge whereby, having recited: firstly, XXXVIII; secondly, George [I] Birch's marriage and progeny, and the process of vesting property in James [II] Birch; thirdly, that Samuel Newell had died; and fourthly, that [J. [II] Birch] wanted Birmingham and Bramcote lands discharged from the £350 annuity enjoyed by Mary Birch, widow of George [I], Sir Wadsworth Buck (of Dane Lodge, Middlesex, knight) surrendering the two-hundred year term's residue for merger in the freehold, a substitute annuity of £350 being secured upon J. [II] Birch's lands at Pinley, Shortley and Fulfen (St. Michael's parish, Lichfield, Staffordshire): therefore, in consideration of 10/- from J. [II] Birch, Mary Birch discharged Sir Wadsworth Buck, Samuel Newell's executors and J. [II] Birch from the settlement's annuity and dower-right; for a like sum, Wadsworth Buck transferred to J. [II] Birch the Birmingham, Bramcote, Pinley, Shortley, Bulkington, Wolvey and St. Michael's parish, Coventry lands; for another 10/-, J. [II] Birch bestowed upon M. Birch another £350 annuity, arising from Pinley and Shortley lands (occupied by Thomas Cooke, Elizabeth Robinson, Thomas Soden, William Bray's executors and Ellis Harper) and the "Burnt Wood" [Brentwood] estate at Fulfen (152a.; held by Thomas Derry, Robert Sanders, Daniel Moss and William Jervis) but excepting lands there called "the Mogs" (let to Thomas Highway); and, for a fourth such sum, J. [II] Birch assigned to W. Buck the Pinley, Shortley and Fulfen lands for the 200-year term's residue, allowing the assignor to receive rents until default in the annuity, in which case Birch might mortgage, distrain or sell the property, paying J. [II] Birch any surplus.
XLIV 14 Dec 1809. Agreement whereby, having recited: firstly, XLIII; and secondly, that James [II] Birch (of the Inner Temple, London, esq.; eldest son of George [I] Birch by his then widow Mary) had agreed to sell the Pinley and Shortley property to John Carter and Charles Adams of Coventry, William Pridmore of Coombe Fields [,Warwickshire] and Edward Page (of Stoke, Coventry), all gentlemen, in which conveyances M. Birch would join him in order to exonerate them from the annuity, whilst Sir Wadsworth Buck assigned his interest to a trustee to attend the inheritance: therefore, for 10/-, J. [II] covenanted with Mary Birch (of Barton Lodge, Winkfield parish, Berkshire) that her annuity should be recharged upon hereditaments in Bramcote as well as upon such Pinley and Shortley lands as had not recently been sold; moreover, for a like sum J. [II] Birch granted to Sir W. Buck the Bramcote premises; to be held upon the same 200-year trust.
N.B.. James [II] Birch died intestate; Thomas Birch Reynardson (of Holywell, Lincolnshire, esq.; formerly Thomas [II] Birch) is his eldest brother and heir at law.
XLV 22 Aug 1840. Will of Thomas Birch Reynardson (of Holywell, Lincolnshire, esq., Lieutenant-General) whereby, after devising unspecified Rutland estates, all in Warwickshire and Staffordshire to which he became entitled on his brother Jamesa [II]'s death passed to his widow Etheldred[a] Anne Birch Reynardson and his brother John William Birch upon trust for sale.
XLVI 20 Jun 1845 and 28 Mar 1846. Thomas Birch Reynardson's codicils, his death, 31 Jan 1847; probate, 29 Mar 1847; John William Birch took the additional surname of Newell, 21 Apr 1847.
XLVII BA/D/A/47/30.
XLVIII BA/D/A/47/31.
C As to House and Hereditaments at Whitley purchased of Mr. Hitchens.
XLIX 21-22 May 1838. Conveyance whereby, having recited: firstly, indentures dated 30 Dec 1828 and 24 Nov 1829; secondly, that Joseph Merry died on 21 Jan 1832, his will (18 Jan 1832) appointing Maria Merry his executrix, probate being granted on 27 Mar 1832; thirdly, indenture dated 1 Dec 1834; fourthly, that hereditaments ut infra (with others) were auctioned at the "King's Head", Coventry on 14 Mar 1831, these premises' lots 7-10 being bought by William Richards Marston (of Birmingham, leadmerchant); fifthly, that William Richards Marston had agreed to sell the premises to Hannah Dundersdale (of Handsworth, Staffordshire, widow) but no conveyance had been made; sixthly, that Benjamin Walton (of Edgbaston, Warwickshire, gentleman) and J[ohn] Carr (of Birmingham, Warwickshire, factor) had begun a suit in Chancery on behalf of themselves and all Joseph Merry's creditors against Maria Merry and W. Pickering Merry (in 1838 of 9, St. Paul's Church Yard, London, gentleman, a minor) which led to a 24 Nov 1835 order which declared that estates comprised in 29-30 Dec 1828 and 30 Dec 1828 indentures had been sold with W. Pickering Merry as trustee; seventhly, that on 23 Jan 1837 the Vice-Chancellor had ordered a variation in the decree so that W.P. Merry should sell the estate's lots 7-10 as William Richards Marston should direct; eighthly, that Hannah Dundersdale had agreed to buy lot 7 and parts of lots 8-10; ninthly, that Thomas Clarke (of Coventry, silkman) had agreed to buy certain hereditaments for £700; tenthly, that Benjamin Walton and John Carr were owed £1,000, but had agreed to join in that conveyance upon receiving the £700; and eleventhly, that W.P. Merry, William R. Marston and H. Dundersdale, on behalf of Thomas Clarke and William Hitchens (of Coventry, draper), had agreed to participate: therefore (in consideration of £700 paid by William Hitchens to B. Walton and J. Carr, and 10/- each by W. Hitchens to W.P. Merry, W.R. Marston and Dundersdale) W.P. Merry, W. Marston, Dundersdale and T. Clarke consigned to W. Hitchens a messuage with appurtenances (3,024 square yards) in Whitley, St. Michael's parish (bounded east by George Hall's premises, south by the road leading out of the Old London and Holyhead Road opposite Whitley Abbey, west by Joseph Lovett's property, north by the Sherbourne, as coloured green on a map with the abstracting indenture), which was formerly part of Millers Close, with use of the road leading out of the old turnpike: to be held as W. Hitchens might direct, with Samuel Hitchens (of Coventry, draper) as trustee: moreover, twelfthly, since Henry Lea (of Coventry, gentleman) held the remainder of a thousand-year term on part of the premises, raised by a 1 Feb 1768 deed and vested in him on 24 Jun 1825; thirteenthly, that Thomas Ball Troughton (of Coventry, gentleman) had a similar remainder (without date of the charge's start), vested in him on 18 Oct 1825; and fourteenthly, that Henry Lea and Thomas Ball Troughton had agreed to assign their terms' residues for W. Hitchens: therefore, for 10/-, they did so to Richard Dewes (of Coventry, gentleman): moreover, reciting, fifteenthly, that scheduled documents related also to hereditaments of greater value now owned by John Day (of Coventry, ribbon-manufacturer); and sixteenthly, that it had been arranged that John Day should enter into a covenant: therefore J. Day agreed to produce deeds for W. Hitchens.
L 23-24 Jun 1829. Lease and Release (in consideration of £120 paid by George Hall (of [Coventry], innholder) to Joseph Kirkland, as empowered by 21-22 Dec [1828?] deeds; and of 10/- paid by George Hall to Henry Lea) whereby Joseph Kirkland appointed and H. Lea conveyed to Thomas Smith (of [Coventry], grocer) a plot 60 feet X 400 feet (= 22,700 square feet) which was part of a close which had been two which were called the Croft and the Middle Close but were known as Millers Close since their laying together, successively occupied by Thomas Howard and G. Hall (bounded south by part of the same close belonging to J. Merry, west by the Sherbourne, north by part of the same close belonging to G. Hall, east by a new road to land successively owned by J Merry and T[homas] B[all] Troughton): to be held as G. Hall and his wife Elizabeth might appoint; covenant for production of six deeds; possession freed from the one-thousand year term vested in T.B. Troughton on 18 Oct 1825.
LI 5 Oct 1838. Appointment with Assignment of Mortgage by Demise for 1,000 Years with Trust to Attend the Inheritance whereby, having recited: firstly, L: therefore, for £80, George Hall and his wife Elizabeth appointed Whitley land (adjoining on one side William Hitchens' messuage, elsewhere the road from London to Holyhead old road opposite Whitley Abbey and other land thereinafter described), having a 15-foot frontage and 41 yards 1 foot deep (altogether 206 square yards), formerly part of L's plot, as W. Hitchens might decide, with Samuel Hitchens (of Coventry, draper) as trustee; covenant against dower: moreover, having recited: secondly, a 1 Feb 1768 mortgage by Edward Inge and Morris Robinson to Matthew Robinson; thirdly, L; and fourthly, that W. Hitchens wanted that term assigned to Richard Dewes (of Coventry, gentleman): therefore for 10/- T.B. Troughton assigned to Richard Dewes his interest in trust to attend the inheritance; W. Hitchens covenanted not to build higher than 8 feet to the north-east of a line from his messuage to G. Hall's, nor place overlooking windows.
LII 15 Jul 1848. Appointment whereby, having recited: firstly, that William Hitchens (with Thomas Smith (of Coventry, grocer) as trustee) was entitled to dispose of hereditaments thereinafter described; secondly, Charles Tibbits' will; thirdly, that the Oxford Canal Company bought some of C. Tibbits' Wolfhampcote lands for £964/8/9, which was paid into the Bank of England, a 26 Jan 1833 court order stating that the money should be invested in £3% reduced annuities so as to pay dividends to Mary Tibbits, hence the Accountant General had bought £1,094/8/3 in £3% annuities; fourthly, that M. Tibbits died on 12 Jul 1840; fifthly, that Mary Isabella, Viscountess Hood was thereafter entitled to the dividends; sixthly, that Samuel Tibbits, Viscount Hood and Mary Isabella released the Wolfhampcote and Flecknoe estate from its £10,000 mortgage, assigning £13,793/2/- in £3% consols and Horatia Charlotte Tibbits' portion to C. Tibbits' trustees; seventhly, Viscount Hood's taking the additional surname of Tibbits; eighthly, that, upon the Hood couple's petition, the court had ordered (24 Nov 1843) that £113/9/7 residue of £294/1/3 cash in bank (after payment of the balance to M. Tibbits' personal representatives under a 17 Nov 1843 order) should go to Viscountess Hood, whilst interest on the £1,094/8/- should pass to her husband for her; ninthly, that Lord Hood died on 8 May 1846; tenthly, that, upon petition by Lady Hood and Honourable Francis Grosvenor Hood, it was ordered (4 Jul 1846) that £79/13/9 cash from the Oxford Canal Fund should be paid to Francis Grosvenor Hood as Lord Hood's executor, interest on the £1,094/8/- going straight to the widow; eleventhly, that on 8 Dec 1847 Lady Hood agreed to buy the property for £1,000 with the £1,094/8/- in mind; twelfthly, that on 28 Jun 1848 a Master in Chancery had reported in favour; thirteenthly, that a 30 Jun 1848 order confirmed the report, which should be referred back for drafting of conveyance and payment by W. Hitchens; fifteenthly, that the Accountant General had sold the £3% reduced annuities for £945/5/9, Lady Hood making up the £54/14/3 difference between that and £1,000, which total was paid to Hitchens; and sixteenthly, that the master approved of the abstracting deed: therefore, for £1,000, Hitchens appointed that the premises should remain upon specified uses; Hitchens and Thomas Smith (of Coventry, grocer) conveyed to Lady Hood the messuage with appurtenances (3,230 square yards) in Whitley, St. Michael's parish (bounded north-west by the Sherbourne, south-east by the road opposite Whitley Abbey, east by George Hall's messuage, west by Lord Hood's premises) occupied by Hitchens (formerly described as (a) premises bounded east by G. Hall's messuage, south by the road opposite Whitley Abbey, west by Joseph Loveitt's hereditaments, north by the Sherbourne - once part of Millers Close; and (b) LI's plot).
D As to the hereditaments comprised in the fourth part of the Schedule to the Contract.
LIII BA/D/A/47/36.
E As to all the hereditaments.
LIV 18 Jun 1828. Charles Tibbits' will as in BA/D/A/47/32's sixth recital, with its proviso about anyone marrying the female residuary legatee taking the surname of Tibbits; declaration that the term of 200 years was limited in order to raise £600 per annum to maintain the testator's Barton Seagrave house and his Bryanston Square [,London] mansion; Mary Isabella Tibbits might appoint up to £600 per annum for a husband's use, £5,000 maximum for one child of the marriage, £6,000 for two or £10,000 for more; stocks passed to Andrew Robert Drummond and Walter Rankin Johnson for purchase of Wolfhampcote estate; Kettering, Northamptonshire copyhold lands went to George Fuller and George Cooke, exempted from the
200-year term and Mary I. Tibbits' charges in favour of a husband or children; at most one quarter of the
trustees' purchases should be copyhold; Horatia C. Tibbits might be indemnified against any claim upon
her share made by M.I. Tibbits.
LV 13 May 1829. Codicil whereby C. Tibbits appointed that Warwickshire purchases made since LIV should be subject to the same uses.
LVI 28 Jun 1830. Codicil whereby C. Tibbits disposed of a Connaught Square [,London] house.
LVII 19 Jul 1830. C. Tibbits died.
LVIII 1 Sep 1830. Mary Tibbits proved Charles Tibbits' will and codicils.
LIX 27 Jun 1837. Mary Isabella Tibbits married Right Honourable Samuel, Viscount Hood.
LX 12 Aug 1840. Mary Tibbits died.
LXI BA/D/A/47/30's tenth recital.
LXII 17 Jun 1846. Assignment (endorsed on LXI), for 5/-, by George Luke Baker to A.R. Drummond, F.G. Hood and A.N. Hood of C. Tibbits' estate for the residue of his will's 200-year term.