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Assignment and Confirmation of Mortgages by Demise for 500 and 1,000 Years
BA/A/7/2/14
5 Mar 1838
item
Coventry Archives & Research Centre
Whereby, having recited: firstly, BA/A/G/2/3; secondly, BA/A/G/2/1; thirdly, that BA/A/G/2/1's premises became vested in Thomas Hudson (described as in BA/A/G/2/6); fourthly, BA/A/G/2/9; fifthly, BA/A/G/2/11 (second endorsement); sixthly, Catherine, Countess Dowager of Plymouth's will; seventhly, the Countess Dowager of Plymouth's codicil; eighthly, Lady Plymouth's death on 12 Aug 1790 and the probate of her will; ninthly, BA/A/G/2/13; tenthly, the 9 Jul 1798 marriage settlement whereby Henry, Earl of Plymouth (then Henry Windsor) assigned a moiety of the £3,000 to Right Honourable William Pitt (called William, Lord Amherst), Edward Morrison (in 1838 described as of Devonshire Place, St. Marylebone parish, Middlesex, general), Alexander Champion and John Dent (Other Hickman, then Earl of Plymouth, and Thomas Windsor being of the first part; Edward King, esq. with his wife Susanna of the second; Ann, Countess of Plymnouth, then called Ann Copson, spinster, niece of Edward King, of the third); tenthly, that Alexander Champion died on 5 Apr 1809 (buried at Battersea, Surrey); eleventhly, that on 22 May 1834 George Frere (in 1838 described as of Lincolns Inn, Middlesex, gentleman) was appointed a trustee in place of William Pitt (then Lord Amherst), Henry, now Earl of Plymouth (in 1834 described as Henry Windsor of Parham Lodge, Suffolk), his wife Ann, Edward Morrison and Edward Bennett (of Lincolns Inn, gentleman) also participating; twelfthly, that, by a 24 Jul 1834 endorsement upon the previous recital, the moiety of the £3,000 to which Henry Windsor was entitled under his marriage settlement was vested in Edward Morrison and George Frere (Edward Bennett also being involved), subject to the same equity of redemption as that moiety raised under BA/A/G/2/9; thirteenthly, that Thomas Windsor survived his co-executor of the Dowager Countess (Other, Earl of Plymouth) but died on 16 Oct 1832, having by his 4 Jul 1821 will appointed Sir Gray Skipwith (in 1838 described as of Newbold Hall, Warwickshire, baronet) and the testator's nephew William Townsend (in 1838 described as of Doctors' Commons, London, esq.) his executors, who proved it and an irrelevant codicil on 22 Nov 1832, they being therefore Catherine, Countess Dowager of Plymouth's personal representatives; fourteenthly, that on 19 Apr 1821 the £1,500 due under BA/A/G/2./9 was assigned to Richard Board and Alexander Raby to pay interest to Edward [I] Winterton for life with remainder to his wife Right Honourable Harriet, Countess Winterton, and then to Sir Charles Chad (in 1838 described as of Pinkney Hall, Norfolk, baronet) and Honourable Arthur Richard Turnour (captain, Royal Navy) as explained in the next recital; fifteenthly, that on 19 Apr 1821 Edward [I] Winterton declared that Sir Charles Chad and Honourable Arthur Richard Turnour should stand serised of the £1,500 for sale after the older Winterton generation should have died, allowing Edward [II] Winterton (as the Honourable Edward Turnour (commonly called Edward, Viscount Turnour)) one-tenth of the proceeds, the remainder being equally divided between Lady Jane Turnour (in 1838 decribed as Honourable Jane Turnour, spinster, commonly called Lady Jane Turnour), Sir Charles Chad with his wife Ann (nee Turnour), Lady Isabella Elizabeth Turnour (in 1838 described as Honourable Isabella Elizabeth Turnour, spinster, commonly called Lady Isabella Elizabeth Turnour), Arthur Richard Turnour and Honourable and Reverend Adolphus Augustus Turnour (in 1838 described as of -, Norfolk, clerk [in Holy Orders]) his siblings; sixteenthly, that Edward [I] Winterton died on 23 Apr 1831, by his 30 Jun 1821 will having appointed Sir. C. Chad, John Johnson and John Hanley (in 1838 described as of Amberley, Sussex, clerk) his executors, but by a 22 Apr 1831 codicil replacing J. Johnson with John Eldridge (in 1838 described as of Plumpton Place, Sussex, gentleman); seventeenthly, that E. [I] Winterton's will and four codicils were proved on 3 Jun 1831; eighteenthly, that Harriet, Countess Winterton died childless during Apr 1831; nineteenthly, that, by virtue of an appointment which was to be made the next day (and was endorsed upon a 9 May 1795 settlement mentioned in the fourteenth recital's deed) whereby Gibbs Crawford, John Jones and Gilbert Jones were appointed trustees in place of Alexander Raby for the fourteenth recital's £1,500 (Edward Leigh Pemberton, gentleman and Richard Board also participating), a deed was executed on 14 Jul 1824 by E. [I] Winterton with his wife Harriet, Thomas Pare (gentleman) and the next day's appointment's parties; twentiethly, that Gibbs Crawford and Gilbert Jones died before the next recital's date; twenty-firstly, that on 2 Sep 1831 R. Board and John Jones transferred to Sir C. Chad and Arthur R. Turnour the £1,500 as per both 19 Apr 1826 deeds; twenty-secondly, that E. Morrison and G. Frere are entitled to a moiety of the £3,000 under BA/A/G/2/9, Sir C. Chad and A.R. Turnour to the other; twenty-thirdly, that, under the fifteenth recital's deed, Edward [II] Winterton, who only survived his father for a short time, became entitled to one-tenth of C. Chad's and A.R. Turnour's £1,500, Honourable Jane and the other junior Turnours being entitled to the rest; twenty-fourthly, that Edward [II] Winterton died intestate, his widow Lucy having not secured an administration; twenty-fifthly, that all interest has been discharged; twenty-sixthly, that under the Municipal Reform Act (5 & 6 William IV) Coventry corporation's title was changed from mayors, bailiffs and commonalty to mayor, aldermen and burgesses [of the city] of Coventry; twenty-seventhly, that, under the Borough Fund Act (6 & 7 William IV), the earlier Act's scheduled councils may execute any deed to satisfy debt, as defined by the Municipal Corporations Act (7 William IV & 1 Victoria); twenty-eighthly, that Coventry corporation have applied to Richard Holland Goode (of Allesley, Warwickshire, esq.), Josiah Cash (of Coventry, esq.) and Thomas Banbury (of Coventry, esq.) for £3,000 with further security at £4% per annum ut infra; twenty-ninthly, that, as there is no personal representative of Edward [II] Winterton, Lucy and Edward [III] Winterton have agreed that this should be paid to Chad and A.R. Turnour qua trustees under the fifteenth recital; thirtiethly, that Sir G. Skipwith and W. Townsend, and Right Honourable Lucy, Countess Dowager Winterton (widow of Right Honourable Edward [II], Earl Winterton) and Edward [III] Winterton (eldest son of Edward [II] and grandson of Edward [I]) have agreed to participate in order to corroborate the transaction; thirty-firstly, that covenants to produce scheduled deeds are needed if some of the property mentioned therein is not affected hereby; and thirty-secondly, that, under a 26 Feb [1838] order, the council has agreed to participate: therefore (in consideration of £1,500) paid by Richard Holland Goode et al to Morrison and Frere; of £150 (one-tenth of the other £1,500) paid by Richard H. Goode et al to Right Honourable Henry, Earl of Plymouth and his countess Ann qua trustees of the 19 Apr 1821 settlement for E. [II] Winterton's personal representative; of 10/- to each of Skipwith, Townsend, Chad, Reverend John Handley, John Eldrige and the corporation) Morrison and Frere, Skipwith and Townsend, Chad and A.R. Turnour, Chad with John Hanley and J. Eldridge, Lucy (Countess Dowager) with the present Earl Edward [III], and the corporation transfer to R.H. Goode et al the £3,000 and premises as in BA/A/G/2/9 for residue of one 500- and three 1,000-year terms; the corporation will pay R. Goode et al £3,000 plus £4% per annum interest on 5 Sep [1838]; covenant for further assurance; Morrison and Frere covenant with Goode et al and the corporation to produce first-scheduled deeds unless they execute a covenant for that purpose separately; Chad and A.R. Turnour covenant with the same parties likewise for second-scheduled deeds.
First Schedule: three deeds (1798 - 1834).
Second Schedule: three deeds (1821-31).

First Endorsement. 14 May 1839. Agreement whereby, having recited: firstly, that £3,000 principal is due with interest; secondly, that the mayor, aldermen and burgesses have contracted (with the agreement of Robert Steuart (esq.), Right Honourable Francis Thornhill Baring and Right Honourable William Viscount Melbourne) for sale of premises as below, BA/A/G/2/3's being freed from mortgage; and thirdly, that this day Richard Holland Goode et al have surrendered to the mayor, aldermen and burgesses BA/A/G/2/3(a),(b),(j)(with tithe),(k),(l),(o)-(y),(aa)-(ac): therefore the rest of the estate remains charged.

Second Endorsement. 9 Nov 1839. Assignment for £3,000 (which, with interest, remains unpaid) by Richard Holland Goode et al to Thomas Wilson (of Coventry gentleman) of BA/A/G/2/3's remaining premises.

Third Endorsement. 11 Nov 1839. Assignment whereby, having recited: firstly, that the principal is unpaid; and secondly, that Thomas Wilson wants the money which the mayor, aldermen and burgesses have got Richard Holland Goode (described as in main deed) and John Lant (of Allesley, gentleman) to agree to lend: therefore, for £3,000 paid to T. Wilson and 5/- to the corporation, they transfer to John Lant BA/A/G/2/3's remaining premises as well as the £3,000 repayable at £4% per annum interest next 11 May.
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