Catalogue description Abstract of the Title of H/enry/ F/raser/ J/ames/

Coape Arnold to land in Exhall and Foleshill pas., Warws., set out for building purposes. The document recites:- firstly, a deed (1st. Apr., 1867) whereby, having rehearsed (a) that George Arnold (late of Ledgers Ashby, Northants., esq.) by his will (14th. May, 1794) devised the residue of his estate to his eldest son George Henry Arnold for 99 years, appointing Henry Hoare and Thomas Gilbert trustees to preserve contingent remainders; (b) that by a [first] codicil (27th. June, 1806) G. Arnold devised to Henrietta Jane Arnold, Henry Peters, Hoare and E. Morrison his freehold lands in Ledgers Ashby, Barby, Olney and Braunston, Northants., conveying to the trustees of his own marriage-settlement sufficient estate to fulfil a rent-charge mentioned therein; (c) G. Arnold's second (irrelevant) codicil of 2nd. July, 1806; (d) G. Arnold's death on 24th. Oct., 1806, leaving his son G.H. Arnold his heir; (e) irrelevant mortgages upon the premises (dated 31st. Oct., 1807 and 22nd. Dec., 1817); (f) a deed (14th. Sept., 1820) whereby certain Warws. and Northants. properties were mortgaged for 2,000 years to James Wlagfield, William Walker, Thomas James and John Caldecott (subject to the 1807 and 1817 mortgages and to a £1,200 rent-charge payable to H.J. Arnold as a mortgage to secure £3,600 principal); (g) Peters' death on 28th. Dec., 1827; (h) Hoare's death on 22nd. Mar., 1828; (i) Morrison's death on 11th. Dec., 1843; (j) G.H. Arnold's death on 9th. Oct., 1844, leaving as heir Georgina, wife of James Coape (in 1867 described as of Mirables, Isle of Wight, Hants., esq.); (k) the death during Aug., 1849, of G. Coape, leaving her husband and her son (in 1867 described as Henry Fraser James Coape, esq., of the same place as his father); (l) H.J. Arnold's death on 17th. Sept., 1849, intestate, leaving H.F.J. Coape her heir-at-law; (m) the filing of a Bill of Complaint in Chancery by J. on behalf of the infant H.F.J. Coape against Henry and Lumley Chivers Arnold (G.A. Arnold's devisees) for premises in Warws. and Northants.; (n) the filing of a counter-bill by H. and L.C. Arnold on 15th. July, 1852; (o) the subsequent decree (27th. May, 1854) that H.F.J. Coape was entitled to the estate with payment by H. Arnold of the balance of rents and profits; (p) the dismissal (on 15th. Jan., 1855) of an appeal to the Lord Chancellor; (q) the taking of parts of the estate by the London & North-Western and the Nuneaton Railway Companies at the time of the reciting indenture; (r) the filing in Chancery (27th. May, 1854) of a Bill of Complaint against H. Arnold and H.F.J. Coape et al by John Cattley et al, the appointment of a Receiver (by Order dated 5th. Dec., 1854), the entitlement of H.F.J. Coape (by a 13th. Feb., 1856 Decree) to estate coming from G. Arnold's will, and the Receiver's discharge (on 17th. Aug., 1856) from the Warws. and Northants. estates respectively specified in the 1867 deed's second and third schedules; (s) the fact of orders about costs; (t) the fact that H.F.J. Coape's costs had been unpaid; (u) J. Coape's possession of rents by the curtesy of England on the second and third-scheduled lands, and his receipt (1862) of £2,750 for arrears accruing from before the Receiver's appointment; (v) J.'s education of H.F.J. Coape; (w) H.F.J. Coape's attaining his majority on 27th. Feb., 1867; (x) J. Coape's entitlement to the Warws. estate specified in the fourth schedule (subject to a mortgage (19th. Oct., 1861) wherein he was the first, Jonathan Peel the second, William Henry Markby the third, and George Wilch the fourth, parties, for £1,987/19/9 plus interest); (y) the owing of the principals only (of £2,500, £4,000, £3,600 and £1,987/19/9) from the 1807, 1817, 1820 and 1861 mortgages; (z) J. and H.F.J. Coapes' decision to make a settlement to keep the land in the family; (aa) the grant by J. and H.F.J. Coape to John Marmaduke Teesdale (in the reciting deed described as of Frederick's Place, Old Jewry, London, gent.), by a deed of even date with that under review but executed before it, of land (mentioned in G. Arnold's will) in Warws., Northants. and Hants. (excepting that detailed at rehearsal (p)) subject to the 1807, 1817 and 1820 mortgages, discharged from H.F.J. Coape's estate and subject to such uses as J. and H.F.J. Coape should direct -- therefore (a) J. and H.F.J. Coape appointed the property specified at rehearsal (aa) (subject to the three earlier mortgages) to trusts therein-after described, and (b) J. Coape dealt similarly with the 1861 mortgage, for the benefit of Teesdale; by declaration [a] the Hants. and Warws. lands were reserved to J. and H.F.J. Coape and the latter's children for life in normal succession-order; by declation [b] J. Coape might, as tenant for life, charge the Warws. and Hants. lands with a maximum of £5,000; by declaration [c] J. Coape might appoint a maximum of £500 for a future wife's rent-charge; by declaration [d] such a jointure might apply to any wife; by proviso [a] David Colin Stewart (of Cairnsmore, Kirkcud-brightshire, esq.) and Alfred Markby (of 9, New Sq., Lincolns Inn, Mdx., gent.) and their successors as trustees were enabled to sell these estates; by declaration [e], proviso [a] might be effected by public auction or private contract; by declaration [f] the trustees' power to revocate jointures and charges might be exercised to expedite sale or exchange; by proviso [b] the surviving trustee (and J. and H.F.J. Coape for life) might appoint a new trustee; the 1867 recital closes with an extract from the second schedule (viz. a moiety of Brick Kiln Close (10a. 2r. 10p.) and of the Hop Yard (3a. 3r. 21p.), both occupied by William Masser) and an identical extract from the fourth schedule for the other moiety: secondly, a short abstract of the 14th. Sept., 1820 mortgage and its payments to 1883 with typed additions (the precursor-mortgage being of 1795): thirdly, a deed poll (16th. July, 1867) whereby H.F.J. Coape, because he had acquired estates through his maternal ancestor Arnold, added that name to his own: fourthly, a deed (7th. Jan., 1873) whereby, having rehearsed (a) the first recital, (b) the third recital, (c) the intention of the marriage of Rev. H.F.J. Coape Arnold (of Ledgers Ashby, Clerk in Holy Orders) with Mary Genevieve Cummings (of Hewitree, Devon, spinster), in consideration of the marriage and under the first recital's powers, H.F.J. Coape Arnold appointed to Cummings' use a £500 rent-charge (reducible to £300 at his death) charging the hereditaments to D.C. Stewart (now of Milburn Stewart, "North Britain") and Rev. Joseph Bernard Foster (of Maunden House, Bishop's Stortford, Herts., clerk in Holy Orders) for 500 years in trust to raise £5,000 in portions from the land described in four schedules; extracts from second and four schedules identical with those in the first recital: fifthly, a deed (dated 20th. [recte27th.] Feb. 1885) whereby, having rehearsed (a) the first recital; (b) that as a result of partition and exchange (on 25th. Mar., 1883) it was intended that J. Coape was seized of a life estate with remainder to H.F.J. Coape Arnold, therefore the father assigned to the son the first-scheduled Warws. estate, consisting of Manor Farm (formed of a farmhouse and 84a. 1r. 13p.) in pas . of Exhall and Foleshill, held by Richard [I] Hollick on a yearly tenancy currently worth £166/15/-: sixthly, a deed (27th. Feb., 1885) whereby, having rehearsed (a) the first, and (b) the fifth, recitals, H.F.J. Coape Arnold (now of Pailton House, Rugby, Warws.) charged lands (scheduled as in the fifth recital) with £5,000 to the use of Capel Coape (of Pryors Bank, Fulham, Mdx., esq.) and Richard Petch (of 8, John St., Bedford Row, Mdx., solicitor) from J. Coape's death: seventhly, a deed (dated 27th. Feb., 1885) whereby, having rehearsed the first, sixth and fifth recitals, and H.F.J. Coape's entitlement to the Equity and Law Life Assurance Society's policy number 7109 D for £5,000 (made on 26th. Feb., 1885 (John Moxon Clabon (of Great George St., Westminster, esq.), Robert John Porcher Broughton (of Great Marlborough St., London, esq.) and Frederick Peake (of Bedford Row, London, esq.) being ready to lend H.F.J. Coape Arnold £5,000 with repayment on 27th. Aug., [1885] with £4/15/-% p.a. interest) -- therefore H.F.J. Coape Arnold assigned to the mortgagees the premises described in the fifth recital's first schedule charged with £5,000 redeemable at a rate of £4/10/-% p.a. if payment would have been prompt (in which case Clabon et al would not call for the principal before 27th. Feb., 1895 unless the mortgagor should meanwhile predecease his father): eighthly, an assignment whereby, having rehearsed (a) the first recital; (b) the first rectial's Warws. and Isle of Wight estates' being shown on the first schedule hereof; (c) the Northants. estate's sale; (d) discharge of all mortgages mentioned in the first recital; (e) the fourth recital; (f) the sixth recital; (g) the fifth recital -- therefore D.C. Stewart (again of Cairnsmore) and A Markby were released from their mortgageeship and replaced (by J. Coape and H.F.J. Coape Arnold) with C. Coape (of the same address as in the sixth recital but described as a colonel) and Rev. Eversfield Botry Pigott (of Allisfield, [Hants.,] clerk), the first schedule of the fifth recital being added: ninthly, the appointment (supplementarily to the first and eighth recitals) by J. Coape and H.F.J. Coape Arnold of Henry Coe Coape (of Essex House, New Hampton, Midx., esq.) as mortgagor in place of Pigott: tenthly, the assignment (by J.M. Clabon, R.J.P. Broughton and F. Peake, supplementarily to the seventh recital) of the seventh recital's redeemed estate to H.F.J. Coape Arnold: eleventhly, the death of J. Coape on 10th. Jan., 1889 and his burial at Ryde, Idle of Wight: twelfthly, the mortgage (6th. Sept., 1889) by H.F.J. Coape Arnold, in consideration of £700 with a £4/10/-% p.a. redemption-rate (assigning the insurance-policy) with power of sale, of the Hants. and Warws. lands appearing in the first recital's first, second and fourth schedules to William Wallis English of Rugby School, assistant master: thirteenthly, the death of H.C. Coape on 1st. Apr., 1890 and his burial at Brompton Cemetery: fourteenthly, a mortgage (29th. May, 1891) whereby, having rehearsed (a) - (f) the first, fifth, sixth, seventh, tenth and twelfth recitals, in consideration of £800, H.F.J. Coape Arnold covenanted repayment (with £4/10/-% p.a. interest) upon the first recital's first- second- and fourth-scheduled lands on 25th. Dec., [1891] to Helen and Joseph John Richardson and John Groome, assigning the £5,000 principal subject to the twelfth recital's provisions; the deed extracts from the fifth recital's first schedule in the usual way: fifteenthly, the appointment (1st. June, 1892) supplementarily to the sixth recital, of George Mitchell Seabroke in lieu of R. Petch: sixteenthly, the appointment (1st. July, 1892), supplementarily to the first, eighth and ninth recitals (having rehearsed (a) J. Coape's and (b) H.C. Coape's deaths ut supra, and (c) the subjection of the estate detailed in the first schedule to the charges mentioned in the second) of Seabroke as a trustee instead of H.C. Coape; the first schedule's extract is like that of the fifth recital without the rent, the second schedule lists (a) the £5,000 and £500 explained in the fourth recital and the £5,000 achieved by the sixth recital (here dated as 29th. Feb., 1885): seventeenthly, the endorsement (dated 2nd. Aug., 1893) upon the twelfth recital whereby, in consideration of the £700 principal still owed, English assigned to C. Coape and Seabroke his mortgageeship and the assurance-policy: eighteenthly, the assignment to H.F.J. Coape Arnold (on 25th. Dec., 1893), supplementarily to the fourteenth recital, by H. Richardson (of Keystone, Thrapston, Northants., widow), J.T. Richardson (of "Aldwinkle" [Aldwincle], Northants., farmer) and J. Groome (of Wadenhoe, Northants., farmer) of the £5,000 originally raised by the seventh recital: nineteenthly, the endorsement upon the twelfth recital (7th. May, 1894) whereby, in consideration of the paying-off of all moneys, C. Coape and Seabroke assigned the insurance-policy to H.F.J. Coape Arnold: twentiethly, the mortgage (by H.F.J. Coape Arnold) to Richard Henry Shuckburgh (of the Manor House, Bilton, Warws.), dated 5th. Mar., 1897, for 100 years (in consideration of £1,500), with insurance-policy, of scheduled lands whose recited extract spoke of Exhall Manor Farm as consisting of 83a. 3r. 13p., tenanted by Richard [I], Richard [II] and John Hollick: twenty-firstly, a further charge (3rd. Nov., 1897) for £300 made between the same parties as in the twentieth recital: twenty-secondly, the mortgage whereby, having rehearesed (a) H.F.J. Coape Arnold's life-interest in the twentieth recital's premises as empowered by the first recital (subject to the twentieth and twenty-first recitals), and (b) the £1,800 principal's alone being due, in consideration of £1,000 H.F.J. Coape Arnold pledged to Rev James Cardwell Gardner (of Fluke Hall, Garstang, Lancs., clerk in Holy Orders) the lands shown on a schedule (identical with the twentieth recital's) and three assurance policies: twenty-thirdly, a deed (11th. Apr., 1899) which declared H.F.J. Coape Arnold's seisin of Warws. lands (subject to the twentieth to twenty-second recitals) and of Essex lands (subject to a further charge (3rd. June, 1890) to secure £5,500 (made with J.C. and T. Gardner) which totalled, with previous principals, (alone-still owing) of £1,500, £800 and £1,000, £8,300) -- therefore, in consideration of £2,300 H.F.J. Coape Arnold demised to J.C. Gardner scheduled lands (identical with those specified in the twentieth recital's schedule) and five assurance-policies: twenty-fourthly, an identure (4th. Jan., 1904) supplementary to the twenty-second and -third recitals whereby, as £200 of £3,100 had been discharged, H.F.J. Coape Arnold pledged to J.C. Gardner (in consideration of £1,200) the lands as before (excepting sold parts of Exhall Manor Farm and the Essex premises) with a redemption-rate (payable on 24th. June [1904]) of £4,300: and twenty-fifthly, a deed (10th. Mar., 1904) whereby, having rehearsed (a) the first recital, (b) H.F.J. Coape Arnold's execution of mortgages on hereditaments mentioned in the second schedule (in favour of Shuckburgh and J.C. Gardner) and summarized in the first, in consideration of the premises the mortgagees consented to the property's sale; Shuckburgh's life interest would be charged with payment of all sums secured by the first schedule's deeds, and he was entitled to production of documents held by the other parties; first schedule listed twentieth to twenty-fourth recitals, second schedule summarized part of Exhall Manor Farm which, despite the sale mentioned in the twenty-fourth recital, was given the same area as in the first recital.