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Abstract of the Title of George Frederick Pollock, James E. Mathieson and George Hanbury to hereditaments near Berkswell, Warwickshire: lot 26
PA491/32/1
1888
item
Coventry Archives & Research Centre
I 2 Jan 1861. Conveyance whereby, having recited: firstly, the 13-14 May 1808 settlement upon the marriage of Sir John Eardley [I] Eardley Wilmot (father of the 1861 deed's own namesake; by the name of John Eardley Wilmot and son of John Wilmot) with Elizabeth Emma Parry (afterwards known as Elizabeth Eardley Wilmot), under which Berkswell manor and other hereditaments, together with the Eardley Demesne in Audley parish, Staffordshire (the Berkswell property being subject to the life estate of Catherine Knightley who was to die in 1813) were assured so as to corroborate three yearly rentcharges of £200 each (all of which had ended by 1861) and terms of 99 and one hundred years for securing the same, and, subject thereto, to a £500 per annum rentcharge until John Wilmot died, a 500-year term securing that to him with successive remainders to Sir John Eardley [I] E. Wilmot, Sir Thomas Blomefield and John Marsh to preserve contingent remainders, then that property and some in Derbyshire would be entrusted to Thomas William Blomefield and Charles Henry Parry (medical doctor) for one thousand years from the death of the survivor of J. Wilmot and Sir John E. [I] E. Wilmot for sale, if the betrothed couple have younger children, in order to provide £5,000 if there be three children with remainder to the couple's sons, also power for Sir J.E. [I] E. Wilmot to appoint to any second or future wife at most £500 annual rentcharge from the Derbyshire property to take effect at the time when she became his widow, besides which, if those lands proved insufficient for that, trustees could make up a deficiency from the Staffordshire and Warwickshire property, whilst Sir T. Blomefield and J. Marsh enjoyed a power on behalf of J. Wilmot or after his death for J.E. [I] E. Wilmot to sell assured property for investment of the proceeds to buy other lands to like end {crossed out: and moreover J. Wilmot covenanted with Sir T. Blomefield and Marsh to surrender copyholds in Balsall and Barston to their use to the same ends as the Warwickshire freeholds (Caleb Hillier Parry (medical doctor), Sampson Eardley Eardley with John Thornless, Right Honourable Gregory William [Twistleton, fourteenth] Lord Say and Sir Frederick Morton Eden, baronet also participated); secondly, that courts baron of 29 Oct 1782, 9 Apr 1783 and 6 Jan 1787 admitted J.E. [I] E. Wilmot to a cottage (in two tenements) with appurtenances and Giggs Land (formerly in two parts, then in four) in Berkswell parish but Barston manor (occupied by Edward Clarke and Thomas Salmon), to a messuage where formerly was one close in four parts called Great Hall Field in Barston manor near Berkswell church (held by Thomas Edge), to Carters Field and to Wheat Croft in the same manor and parish (successively occupied by the late William Walmersley and then William Taylor); thirdly, that by a 23 Oct 1793 court baron Eardley Wilmot (as therefore customary heir of Sir John Eardley [no repetition of Eardley, this is a different man from Sir John Eardley [I] Eardley Wilmot] Wilmot, deceased) was admitted to all his father's copyholds, which he surrendered in order that the 1808 deed's plain John Wilmot might be admitted; fourthly, that on 14 Oct 1801 a court baron admitted John Wilmot on surrender of Elizabeth Brittain to a meadow (1a.) near Bradnocks Marsh at Stockings Corner (bounded west by Stockings Corner, north and east by land lately Sir John Eardley Wilmot, knight's, south by land which had belonged to the late Mr. Brook junior); fifthly, a 5 Sep 1796 presentment that John Wilmot held four closes (7a. 1r. 5p. occupied by Joseph Parker) on the northeastern side of the Bradnocks Marsh-Wootton Green turnpike; sixthly, that the 28 Jan 1824 enclosure award (under the terms of the 55 George III Barston and Berkswell Enclosure Act) gave J.E. [I] E. Wilmot (a) a 2a. 0r. 39p. allotment adjacent to the Kenilworth turnpike (bounded by his ancient enclosures, Josiah Pearman's allotment and the Stonebridge-Kenilworth turnpike, it entirely included the garden and site of a cottage), (b) one other allotment (being the site (7p.) of a cottage and ancient enclosed garden (occupied by Edward Clarke) in Balsall manor), (c) another allotment which was an ancient enclosed garden (23p.) occupied by Ann Parker in Balsall manor (bounded by ancient enclosures and an allotment to Sir J.E. [I] E. Wilmot), (d) an allotment (1r. 25p.) adjoining Sir J.E. [I] E. Wilmot's barn which was bounded by the said by turnpike and by his ancient enclosures, and (e) a 2-a. allotment on Bradnocks Marsh (bounded by the turnpike, a public stone, gravel and marl pit, and his and Joseph Burges' and Rhoda Hopkins' ancient enclosures); seventhly, that all those copyholds became subject to the covenant to surrender such to Sir T. Blomefield and Marsh but that that was never performed}; eighthly that John Wilmot died on 3 Jul 1815 and Elizabeth Emma Wilmot during Mar 1818; ninthly, that on 27 Aug 1819 J.E. [I] E. Wilmot appointed to the use of Eliza Chester, spinster (in 1861 Dame Eliza Eardley Wilmot of Clifton, Gloucestershire, widow but then the eldest daughter of Sir Robert Chester) a £500 rentcharge raised upon the Derbyshire hereditaments from the time of his death, entrusted to Honourable Sampson Eardley Eardley, Sir Culling Smith and Charles Bell Ford (all since dead) from his demise; tenthly that, having rehearsed that Sir T. Blomefield predeceased J. Marsh, who died during Dec 1823 intestate, leaving John Milbourne Marsh his eldest son and heir, therefore (by deeds of lease and release dated 3-4 Feb 1824) J.E. [I] E. Wilmot appointed John Yeend [sic] Bedford and Thomas Cattell his trustees and, with the younger Marsh, revoked trusts in favour of William Lake; eleventhly that, by deeds dated 18-19 Apr 1825 endorsed on the previous recital, William Lake consigned to John Y. Bedford and T. Cattell all the property which had been assured to his use; {crossed out: twelfthly, the 30 Apr 1817 court baron surrender by John Jeffcoat and admission of William Bedford to Long Close, Top Close, Great Close, Black Croft, Highway Close, Sidon Close, Little Close or Hill Close, Penny Croft and Three Math or Three Bogs, altogether in eight parts (34a. 2r. 18p.) at Bradnocks Marsh (successively occupied by Henry Lancaster, James Phillips and then Joseph Parker) which, with two other closes, the late [stuffmaker] Jacques Husbands had bought from Winifred Evetts as enrolled on 5 Nov 1788; thirteenthly, the 30 Apr 1817 surrender by John Jeffcoat and admission of William Bedford to Sand Pit Close, "Five Acres next The Barn" and Barn Close or Brickkiln Close (once two closes, later the four Heron Fields or Inn Fields; 15a. 1r. 25p.) in Berkswell parish and Balsall manor (successively held by James Phillips, Joseph Parker and John Jeffcoat); fourteenthly the 13 Oct 1827 agreement whereby (having rehearsed: first, that William Bedford had paid John Jeffcoat for J.E. [I] E. Wilmot's money; second, that J.Y. Bedford and Cattell had sold the Eardley Demesne; third, that W. Bedford's purchase "would form a very desirable addition" to J.E. [I] E. Wilmot's estates as they lay near Berkswell Hall; and fourth, that J. Bedford and Cattell had contracted with J.E. [I] E. Wilmot to pay £1,970 for Barston manorial copyholds and £1,030 for what lay within Berkswell manor, payable from moneys which had arisen from the Demesne's sale) for £3,000 W. Bedford and J.E. [I] E. Wilmot covenanted that at the next manorial court they would surrender the Bradnocks Marsh and Barston manor lands to J. Bedford's and Cattell's use, with covenant by W. Bedford meanwhile to stand seised; fifteenthly, that the covenant to surrender the copyholds had not been performed; sixteenthly, that, at a 9 Apr 1828 court baron for Berkswell (in consideration of money paid to S. Bedford by himself and Cattell), Thomas W. Blomefield, Charles Henry Parry and S. Bedford surrendered to J.E. [I] E. Wilmot 28a., known as Wood Meadow (formerly in two parts), Barn Field, Church Field, Rye Grass Field, Long Field (formerly in two parts), Holly Croft, Thistley Field, Little Field and Lane Field at Cornest End (once held by James Cooper), part of the premises to which Sir Joseph Scott's wife Margaret was to be admitted on 12 Jun 1828 as she was to copyhold land (39p.) on the side of Blind Lane in the same parish and manor of Berkswell (bounded north by the lane, east and south by part of what Thomas Cooper held), so as to merge the customary estate with the freehold; seventeenthly, that thereby the copyhold became merged in the lord's interest so was subject to the 1808 settlement;} eighteenthly, that by a 24 Nov 1831 bargain and sale (having rehearsed: first, that John Eardley Eardley Wilmot (in 1861 known as Sir John Eardley [II] [Eardley] Wilmot of Berkswell Hall, Berkswell parish, Warwickshire, baronet), the son and heir of J.E. [I] E. Wilmot, attained his majority on 16 Nov [1831]; and second, that both generations had agreed to bar entail) J.E. [I] E. Wilmot and his son entrusted to Edward Frampton Berkswell manor, the hall, and lands in Warwickshire, Staffordshire and Derbyshire for the Wilmots' joint lives so as to suffer three or more common recoveries, enuring as they might appoint, Philip Augustus Hairrott [recte Harriott?] also participating; nineteenthly, that the three recoveries were suffered during Michaelmas term, 4 William IV; twentiethly, that on 25 Sep 1831 J.E. [I] E. Wilmot and John Eardley E. [II] Wilmot appointed all the 1831 bargain and sale's lands (subject to a £500 per annum jointure on the Derbyshire part, the three £200 annuities on all thus limited, and the estates' aforesaid maintenance) in the father's favour to bar entail, unlimited and limited estates to the son so that he might receive during his father's lifetime a £400 annuity, subject to which the property would be to the father's use with Harry Chester (in 1861 described as of 63, Rutland Gate, Hyde Park, Middlesex, esq.) and J. Burton as trustees to preserve contingent remainders, then to J.E. [I] E. Wilmot for life, although both generations would enjoy power of revocation; twenty-firstly, that on 6 Dec 1831 the Wilmots pere et fils revoked the previous deed's uses so as to charge all the lands under a strict settlement to pay out a mere £200 annuity and maintenance of all the father's younger children in order to bar entail and limit freehold confirmed in the 25 Aug 1831 deed to Philip Augustus [Harriott]'s and James Thomas Bolton's use for five hundred years from 6 Dec 1831 to secure the same sums and copyholds thenceforth, but allowing power of revocation; twenty-secondly, that on 7 Dec 1831 the two Wilmot men revoked the previous deed's uses applied to freehold in strict settlement (except the annuity) so that, if Dame Eliza outlived her husband J.E. [I] E. Wilmot, she might receive £500 annually charged upon all the freeholds instead of her similar annuity charged under the 27 Aug 1819 indenture - subject to which, the property was made to the use of Sir Robert Chester and Charles Bell Ford for three hundred years from her husband's death, meanwhile being administered under the 24 Nov 1831 deed's terms, with power of revocation to the father and son over all except that £500; twenty-thirdly, that, in consideration of £990 due from J.E. [I] E. Wilmot to Stewart Marjoribanks, Richard Mee Rankin, George Lyall and Nicholas Garvey, he and his son revoked the £400 annuity, instead of which, during the father's lifetime and subject to the £200 annuity to the son and to the younger children's portions, there would be an indemnity for arrears of the Derbyshire hereditaments against the charges, so as to pay Stewart Marjoribanks et al £527 per annum rentcharge for seventy years from 10 Jan 1834 and for further use of Francis Ommanney for 99 years if J.E. [I] E. Wilmot should so long live, but the Wilmots pere et fils declared that the land was still charged with the 1830 £400 annuity; twenty-fourthly, that Fanny Southall (the annuitant entitled to the £200) died on 27 Jul 1834; twenty-fifthly that, by a deed poll dated 16 Sep 1834, the Wilmots pere et fils revoked the 7 Dec 1831 deed's trusts regarding the Warwickshire strict settlement lands (except for the uses raised in the 6 Dec 1831 deed for maintaining the younger children, the five-hundred year term created thereby, the three-hundred year term, the 15 Jan 1834 indenture's uses and 99-year term, and the £500 annuity per the 28 Nov 1831 deed's provisions) and stated that they would be to such uses as the father might appoint; twenty-sixthly, that, by a transaction dated 30 Oct 1834 and endorsed on the deed of that for15 Jan 1834, for £4,990 S. Marjoribanks et al conferrred upon J.E. [I] E. Wilmot a £527 annuity to end the term, whilst F. Ommanney surrendered and George Keys released the affected hereditaments so as to merge the 99-year term; twenty-seventhly, that by lease and mortgage dated 13-14 Nov 1834 J.E. [I] E. Wilmot charged to Anne Underhill his Berkswell manor and certain freeholds to secure £12,000 with interest; twenty-eighthly, that by another lease and mortgage of the same dates he charged to Edward Bolton King certain freeholds in order to receive £20,000 and surrendered the Berkswell and Barston copyholds to William Charles Alston's use; twenty-ninthly, that by deeds dated 1-2 Mar 1836 J.E. [I] E. Wilmot mortgaged to William Welton Woodward and Arthur Annesley the twenty-seventh recital's property for repayment of £2,500; thirtiethly, the 1-2 Mar 1837 assignment of mortgage with further charge whereby, first, for £10,000 Edward B. King transferred to Francis Wright (in 1861 described as of Osmaston Manor, Derbyshire esq.) the twenty-eighthly recited deed's property, second (for £12,000 paid by F. Wright to Anne Underhill and £2,500 by him to William W. Woodward and Arthur Annesley) A. Underhill (regarding the twenty-seventhly recited deed's property) and she and W.W. Woodward and A. Annesley (for the 2 Mar 1836 deed's premises) consigned to Wright those lands and Berkswell manor, and third (in consideration of £5,500) J.E. [I] E. Wilmot charged to Wright the manor with scheduled freehold and tithe on all his Berkswell, Balsall and Barston freeholds for redemption of £30,000 to Wilmot and covenanted to surrender copyholds to Marcus Martin (in 1861 described as of Lincoln's Inn, Middlesex, esq.), but Wright was empowered to give the mortgagor six calendar months' notice of sale (until 2 Mar 1844), as was he or M. Martin under his direction to sell, which pair's deeds or agreements should be deemed valid even if the mortgagor (whose son participated in the abstracting instrument) were not a party to them; thirty-firstly, that on 16 May 1837 (having rehearsed: first, that, despite J.E. [I] E. Wilmot's absence from England, his copyhold interest was not barred; and second, that that deed should be entered on the Barston and Balsall court rolls) J.E. [I] E. Wilmot and J.E. [II] E. Wilmot released to Marcus Martin copyholds entrusted to the son, to hold them (subject to the £5,000 for J.E. [I] E. Wilmot's younger children and the £500 jointure) so that those mentioned in the 2 Mar 1837 indenture should be to M. Martin's use in trust for Francis Wright; thirty-secondly, that the lastnamed document had been entered on Barston's court rolls but not on Berkswell's; thirty-thirdly, that on 12 May 1837 [sic] J.E. [I] E. Wilmot further charged the 2 Mar 1837 deed's property to William Welton Woodard and Arthur Annesley for redemption of £3,250, his son also participating; thirty-fourthly, a 21 Nov 1837 further charge (endorsed on the 2 Mar 1837 assignment) by J.E. [I] E. Wilmot to Francis Wright for repayment of £3,500 for the main deed's property and certain lands which in that one were claimed to be copyhold but in fact were freehold; thirty-fifthly, a 12 May 1838 further charge (endorsed on the 12 May 1837 further charge) whereby, in consideration of £2,000 paid to William Welton Woodward and £1,250 to Arthur Annesley, those two and J.E. [I] E. Wilmot entrusted to Francis Wright the manor and the 12 [May] 1837 deed's land, as for another £1,250 did Wilmot to F. Wright hereditaments charged under the 2 Mar 1837 assignment; thirty-sixthly, that Sir John Eardley [I] Eardley Wilmot died in 1847; thirty-seventhly, that (having rehearsed: first, that the nine children of Sir John Eardley [I] Eardley Wilmot and his late wife Eliza Emma had been Sir John Eardley [II] Eardley Wilmot, Elizabeth Emma Eardley Wilmot, Frederick Marow Eardley Wilmot, Reverend Edward Revell Eardley Wilmot, Henry Robert Eardley Wilmot, Augustus Hillier Eardley Wilmot, Selina Matilda Caroline Eardley Wilmot and Arthur Parry Eardley Wilmot, all of whom were by then of age, together with Dulcibella Cecilia Eardley Wilmot (who died during Jun 1828 aged 11); second, that during Mar 1829 Elizabeth E. Eardley Wilmot married George Graham Blackwell, who died during Mar 1838; and third, that John Eardley [I] Eardley Wilmot never exercised any power of appointment under the 14 May 1808 indenture over the £5,000 reserved for the younger children's portions and that none such were ever paid) in consideration of £714/5/8.142857 paid to each child (except that Selina Matilda Caroline Eardley's went to her husband Wade Brown) paid (on behalf of Sir Thomas William Blomefield and Charles Henry Parry) by Marcus Martin and John Martin and of £80 costs for the abstracting deed (which the Martins paid to Sir Thomas W. Blomefield and Charles H. Parry) Thomas W. Blomefield and C.H. Parry transferred to the Martins such property as remained subject to the 1808 deed's uses and specified that such comprised hereditaments at Berkswell and at Murcott in that parish, to be so for the residue of the thousand-year term in order to repay the £5,000 with interest; thirty-eighthly, that on 11 Jun 1851 (as endorsed on the 1 May 1848 assignment) for £5,080 Marcus and John Martin transferred to Thomas Peers Williams (in 1861 described as of 41, Berkeley Square, Middlesex, esq.), Charles Eden (in 1861 of 20, Wilton Place, Belgrave Square, Middlesex; in the navy) and Brice Pearse (in 1861 of Gloucester Place, Portman Square, Middlesex, esq.) the interest for the residue of that term, Sir John Eardley [II] Eardley Wilmot also participating; thirty-ninthly, the 17 Aug 1854 assignment (endorsed on the 1 May 1848 assignment) in trust and of a mortgage by demise for 1,000 years whereby for £5,368 Thomas Peers Williams et al transferred to Charles James Bloxam (in 1861 described as of Lincoln's Inn Fields, Middlesex, gentleman), George Thomas Ellison (in 1861 of Lincoln's Inn Fields, gentleman), Horatio Nelson Goddard (in 1861 of the Manor House, Clyffe Pypard parish, Wiltshire, esq.) and Frederick Downing (in 1861 of Bath [,Somerset], gentleman) the £5,080 so that £3,268 thereof be in trust for the assignees, £1,812 for the assignors, and also consigned to them the premises for the term's residue, John Eardley [II] Eardley Wilmot participating; fortiethly, that the £5,080 principal alone remained due; forty-firstly, that the half-yearly payment of interest on the £30,000 fell into arrears, hence Francis Wright had exercised his power of sale (first, on 29 Sep 1843 to Richard Lant (of Berkswell, esq.) of a farm (93a. 2r. 13p.) which according to the 2 Mar 1837 indenture was occupied by John Whitehead, excepting three cottages and a small piece of land behind one of them; second, on 25 Nov 1843 to the trustees of the Earl of Aylesford's family settlement of a farm (109a. 0r. 310.) tenanted by Stephen Brittain, another (66a. 2r. 35p.) by Joseph Brittain, a cottage and garden (20p.) let to Widow Maddocks and a farm (49a. 0r. 14p.) leased to William Maddocks; and third, on 25 Mar 1844 to Joseph Arch (of Coventry, butcher) of a farm (73a. 3r. 10p.) which the 2 Mar 1837 indenture said was in lease to Thomas Matthews (but excepting Broad Close yet including Further Field which was not part thereof); forty-secondly, that the money which Francis Wright received thereby was used to discharge in part the mortgages so that he was owed just £52,584/6/11; forty-thirdly, that, on behalf of Sir John Eardley [II] Eardley Wilmot, Francis Wright caused the residue of the 2 Mar 1837 deed's estate (less the "Bear" inn with 2a. and a piece of garden which he had agreed to sell to Reverend Samuel Brett Shirreff) to be sold at the City of London Auction Mart on 8 Aug [1860], whereupon Thomas Walker (in 1861 described as of "Orgreves" [recte Orgreave] Hall near Lichfield, Staffordshire, esq.) bought it for £81,000 plus timber; forty-fourthly, that it was agreed that, of the purchase-money, £1,400 was for Balsall copyholds, £3,000 for Barston copyholds and £76,600 for freeholds; forty-fifthly, that the timber was worth £6,600; forty-sixthly, that William John Beale (of Birmingham, Warwickshire, gentleman) had paid £8,100 deposit to Francis Wright; forty-seventhly, that Dame Eliza Wilmot, Harry Chester and William Ford (of Gray's Inn, Middlesex, esq.) had agreed to release the estate from her jointure, as had Charles John Bloxam et al and Thomas Peers Williams et al regarding the £5,080 {crossed out: and Sir John Eardley [II] Eardley Wilmot had agreed to be a party in order to surrender copyholds; forty-eighthly, that, having recited that John Eardley [I] Eardley Wilmot's absence from England meant that his entail upon the Balsall manor hereditaments was not barred, Sir John Eardley [II] Eardley Wilmot on 27 Sep 1860 confirmed them to Marcus Martin subject to the charges which subsisted when the 2 Mar 1837 indenture had been made, in trust for Francis Wright to secure the £30,000; forty-ninthly, that it was intended to enter the last-recited indenture on the Balsall court roll;} fiftiethly, that Sampson Eardley Eardley died on 21 May 1824 and was buried at Erith, Kent; fifty-firstly, that Sir Culling Smith died on 30 Jan 1829 and was buried at Hadley, Middlesex; fifty-secondly, that Charles Bell Ford died on 2 Apr 1860, by his 2 Nov 1859 will having appointed Harry Chester and William Ford his executors, who were granted probate on 21 Apr 1860; and fifty-thirdly, that Charles B. Ford was buried at Highgate Cemetery on 10 Apr 1860: therefore (in consideration of £8,100 deposit, £3,268 paid by Thomas Walker to Charles John Bloxam et al, £1,812 by him to Thomas Peers Williams et al and by him on Dame Eliza Wilmot's behalf to Francis Wright. which sums together comprised the £87,600 needed for purchase-price and the value of the timber) F. Wright, Eliza Wilmot, Harry Chester with William Ford, Charles J. Bloxam et al and Thomas P. Williams et al conveyed to T. Walker (a) Berkswell manor and hall (successively inhabited by Catherine Knightley and Sir John Eardely [I] Eardley Wilmot); (b)(i) Chapel Hill Farm (successively occupied by William Greenway and John Eardley [I] Eardley Wilmot), (ii) another farm (sucessively held by James Humphries and John E. [I] Eardley Wilmot), (iii) other land successively held by C. Knightley and John E. [I] E. Wilmot - all the inheritance of the late John Wilmot - (iv) a 230-a. farm (successively tenanted by Josiah Pearman and his widow), (v) a 109-a. farm (successively held by William "Britain" and his widow), (vi) an 88-a. farm (successively let to Richard Hasterley and William Mattocks), (vii) a 148-a. farm (successively leased to William Greenway and Widow Britain), (viii) a 100-a. farm (once occupied by Thomas Hasterley, later by Widow Pearman and Thomas Lewis), (ix) a 19-a. farm (successively inhabited by John Rice and Joseph Brittain [sic]), (x) a 16-a. farm (once held by Edward Brittain) and (xi) a messuage and two closes (together 3a.; successively tenanted by John Holder and Joseph Green); (c)(i) a Berkswell farm (successively in lease to Samuel Garner [senior] and Samuel Garner junior but the inheritance of the late Zaccheus [recte Zacchaeus] Wagstaff), (ii) Home Meadow (10a.) with buildings (formerly known as Wherritt's Meadow), (iii) two parcels of arable (13a.; adjoining Home Meadow) called Brickfield and Broomfield) and (iv) Stanhull (5a. in Broomfield) - all successively let to (1) Samuel Pearman and William Thompson, (2) Richard Lewis and Edward Brittain, and then (3) E. Brittain; (d)(i) a Berkswell messuage with appurtenances (successively farmed by Thomas Proof, Catherine Askins and then Thomas Whitehead), (ii) Thompson Field alias Tile Croft (in Berkswell parish at Reeves Green) and (iii) three closes and a meadow at Reeves Green called Reeves Field and Ravesfield Meadow - (ii),(iii) successively occupied by C. Askins and T. Whitehead; (e)(i) a messuage with appurtenances and four closes plus meadow ground taken out of then at Old Hall [Oldnall?] End, Berkswell parish (14a. successively occupied by Thomas Hedge and John Wilkinson), (ii) Smythes Croft (in two parts), (iii) a parcel which formed part of Carters Field near Wootton Green (successively held by (1) Edward Hicklyn, (2) John Moore, (3) William Taylor and John Wall, and (4) J.E. [I] E. Wilmot) which with some of John Walmesley's copyhold comprised four closes as formerly divided and totalled 12a., (iv) a messuage with appurtenances on part of Smythes Croft (formerly inhabited by Benjamin Askeu) and (v) a messuage with appurtenances on another part of Smythes Croft (once the habitation of William Taylor) - all successively held by (1) Mary Price and Robert Hester, (2) Robert Hester, Robert Hammond and John Humphries, some in 1861 by Edward Brittain; (f)(i) part (2a. 3r. 0p.) of Home Close (successively occupied by George Osborne and Edward Brittain; adjoining lands lately Robert Hester's, (ii), land lately the gentleman Thnmas Fisher's and the common lane from Berkswell church to Coventry) in Cornest End in Berkswell parish, (ii) Further Broomfield which was aftrerwards called Further Close, (iii) access over (i) via land once Thomas Thorley's to the Berkswell-Coventry common road, (iv) a messuage with appurtenances in Cornest End and (v) land in Blind Lane; (g) any other Berkswell land subject to the 9 Apr 1825 surrender; (h) tithes or rentcharges to which Wright, Marcus Martin, E. Wilmot, H. Chester with W. Ford, C.J. Bloxam et al, T.P. Williams et al or Sir John Eardley [II] Eardley Wilmot were entitled; and (i) all else subject to the 1-2 Mar 1837 indentures except such as was comprised in those dated 29 Sep1843, 25 Nov 1843 and 25 Mar 1844, along with the "Bear", which exceptions were coloured red on the original's plan: to be held (free from the £500 jointure, the two-hundred year term raised under the 27 Aug 1819 indenture or the £5,000 raised under the 14 May 1808 settlement) to Walker's use with William John Beale as trustee; declaration by Walker against his widow's dowering thereout; {crossed out: Wright, M. Martin and John Eardley [II] Eardley Wilmot covenanted with Walker to surrender copyholds to which W. Bedford had been admitted on 30 Apr 1817, J.E. [I] E. Wilmot on 29 Sep 1834, and lands affected thereunder or by the 5 Sep 1796 admission, allotments awarded on 29 Jan 1824 to J.E. [I] E. Wilmot or revised by subsequent exchange, and all copyholds of which they were legal tenants, discharged from raising of portions for J.E. [I] E. Wilmot's younger children}.
Schedule included number 863 plantation (36p.) at Solomon's Oak.
II 27 Sep 1880. Mortgage whereby, having recited that Thomas Walker (of Berkswell, Warwickshire, esq.) possessed scheduled premises {crossed out: including copyholds}, therefore for £150,000 [sic] he covenanted to repay George Frederick Pollock, James Ewing Mathieson, George Hanbury and Joseph Johnson Miles (all of 81, King William Street, London, esqs.) that sum with interest, charged upon scheduled property and tithes, i.e. the Berkswell Estate, Studley [,Warwickshire] property and the Middleton Scriven estate (Shropshire): to hold {crossed out: copyhold as Thomas Walker might have appointed thitherto and} freehold;{crossed out: Walker covenanted to surrender scheduled copyholds on the mortgagees' behalf}; after 27 Mar 1881 George Frederick Pollard et al might sell (those holding the legal estate making assurance of title) if there should have been default in payment six calendar months after notice of arrears which had been due for three months.
First Schedule, First Part: inter alia hereinbefore abstracted premises.
III 1 Nov 1884. Joseph Johnson Miles died.
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