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Agreement
PA2473/6/28
1 Aug 1888
item
Coventry Archives & Research Centre
Whereby, having recited: firstly, PA2473/6/12; secondly, that John Smith appointed John Neale and Thomas Smith of Monks Kirby his executors; thirdly, that Eliza Ann Neale had eight children, namely John Smith (Neale) (in 1888 described as of Exhall, Warwickshire, gentleman), Frederick Thomas (in 1888 of Exhall, gentleman), Arthur Edward Bertram (in 1888 of Leicester, bank cashier) and Walter William [of Coventry, solicitor], who all reached adulthood, and four who died in infancy; fourthly, that Philip Walter Mason (of Coventry, chemist) claims the property under PA2473/6/21 as mortgagee for c.£1,300; fifthly, that John Smith, Frederick Thomas and Arthur Edward Bertram Neale, who would otherwise be entitled thereto along with Walter William Neale, do not admit that; sixthly, that the deeds have been deposited with the Worcester City & County Banking Co. Ltd. at their Coventry branch by Walter W. Neale, so the company claims a lien on them which Philip Walter Mason does not admit; and seventhly, that this comes under the case of Mason v Maddocks 1888 wherein Philip W. Mason is plaintiff against John S. and Frederick T. Neale, Arthur Edward B. Neale with his mortgagee John Henry Bland (of Nuneaton, Warwickshire, solicitor) and the Worcester City & County Banking Co. et al as defendants: therefore, firstly, P.W. Mason may obtain an order hereinafter mentioned; secondly, J.S. and F.T. Neale, Arthur E.B. Neale with John Henry Bland and the Worcester City & County Bank shall consent to the order for P. Mason to sell the property, either by auction or by private contract on terms agreeable to all this deed's parties; thirdly, Mason will indemnify the other parties and not request costs; fourthly, Mason will prosecute the action in order to pay moneys into an account held by his solicitor Sylvester Richard Masser, the Neales' solicitor James Thorp Hicks and the bank's one Thomas Southall; fifthly, Mason shall conduct the sale, the bank will hand him the deeds and the Neales will co-operate; and sixthly, Mason shall receive proceeds and discharge first any sale costs, second those of the action (in the event of dispute, a solicitor nominated by the secrtetary of the Law Society of London shall determine this), third will discharge any duties still payable under John Smith's woill, and fourth divide the residue so that he will keep one eighth thereof but pay one to each of J. and T. Neale and John H. Bland and deposit the rest in the bank.
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