Abstract of the Title of E.T. Wiles to land in Binley pa., Warws.

I 14th. May, 1924. Conveyance whereby, having recited: firstly, that the hereditaments were charged with a £5,000 rent-charge p.a. to Rt. Hon. Evelyn Laura, Countess of Craven (of Ashdown Park, Shrivenham, Berks.; widow of the third Earl) according to a 16th. Jan., 1867 indenture (no. 1 of the Seventh Schedule); secondly, that on the death of the fourth Earl on 10th. July, 1921, who was father of the fifth Earl, death duties arose which remained unpaid; thirdly, that the Coombe Abbey Estate was possibly encumbered with the satisfaction of the fourth Earl's mortgages; fourthly, that by his 5th. May 1913 will the fourth Earl appointed his wife Rt. Hon. Cornelia (in 1924 described as Dowager Countess of Craven and of Hamstead Marshall, Berks.; the fourth Earl's widow) his sole executrix and charged the property to continue under the then-existing trusts; fifthly, the fourth Earl's death, his will being proved on 30th. Dec., 1921; sixthly, the Dowager's agreement to the dispositions of her husband's will; seventhly, her acknowledgement that such hereditaments had been entrammelled by the trusts; eighthly, that the hereditaments were saddled with a £2,500 rent-charge to the Dowager according to a 13th. Apr., 1893 indenture (no. 3 of the Seventh Schedule); ninthly, that an 11th. Feb., 1919 deed (no. 8 of the Seventh Schedule) gave the fifth Earl (Rt. Hon. William George Bradley) power of sale; tenthly, that Hon. Francis Richard Henry Penn Curzon M.P., Viscount Curzon (of 35, Curzon St., London) and Hon. Alexander Charles Harris (of Marlborough Club, Pall Mall, London) were trustees both of the 1919 deed and of the fourth Earl's will; eleventhly, that the fifth Earl had agreed to sell those and other premises to Samuel Gorton (of Ashbourne House, Kenilworth Rd., Leamington Spa, Warws., gent.) for £187,500; twelfthly, that Curzon and Harris had agreed to the sale; thirteenthly, that it had been agreed that the third and fourth Earls' widows should join in the sale; fourteenthly, that (on behalf of the fifth Earl and the widows) S. Gorton had paid the purchase-money to the trustees; fifteenthly, that the Cravens were not concerned with the terms of sale for other land to [John Todd (of Northallerton, Yorks., gent.)]; sixteenthly, that Gorton had paid J. Todd the purchase-money; seventeenthly, that it was agreed that the land which did not concern the Cravens was worth £82,456; eighteenthly, that the sale-agreements for both parcels of land included payment of death-duties; nineteenthly, that it had been agreed that subsequently-described covenants should be incorporated with the Todd conveyance; and twentiethly, that the Dowager Countess had consented to participate in that lesser sale: therefore, firstly, the (1924) indenture was made to fulfil the agreements; secondly, the widows released, the fifth Earl conveyed, Gorton confirmed and the Dowager Countess confirmed (as a trustee of her husband's will) to Todd (a) the second-scheduled lands (in Coombefields, Binley, Wyken, Willenhall, Foleshill, Brinklow and Walsgrave-on-Sowe (Warws.) and Coventry; totalling 2,532a., their scheduled description was taken from Ordance Survey maps with exceptions as detailed in the Fourth Schedule), (b) the third-scheduled rights belonging to (a)'s land (subject to the 1919 deed's terms); thirdly, the conveyance was subject to (a) duties payable on the deaths of the fourth Earl and the widows, (b) fourth-scheduled rights, (c) mineral-leases mentioned in the Fifth Schedule's first part, (d) other fifth-scheduled documents, (e) tenancies and (f) boundaries taken according to the Ordnance Survey maps above-mentioned; fourthly, (a) Coombe Deer Park's eastern boundary-fence forming part of the property (but the wall and fence adjoining Binley Farm not doing so) and (b) the apportionment of Binley Grange Farm's rent according to the Sixth Schedule; fifthly, Todd covenanted with the fifth Earl, Curzon and Harris, and Gorton that he would (a) observe tenants' rights, (b) facilitate recovery of sixth-scheduled rents and (c) within three calendar months erect fences between the conveyed property and that coloured yellow on a plan; sixthly, the Dowager Countess covenanted with Todd to discharge death-duties; seventhly, the trustees covenanted to produce for Todd deeds mentioned in the Seventh Schedule's first and third parts; and eighthly, the Dowager Countess agreed to produce for Todd a deed detailed in the Seventh Schedule's second part and in the Eighth one.

First Schedule: 11th. Feb., 1919 resettlement of the Coombe Abbey Estate made between the fourth Earl of the first part, Hon. William George Bradley Craven of the second, and Francis le Murietta (since deceased) and Hon. Francis Richard Henry Penn Curzon of the third.

Second Schedule: inter alia six pieces of land in Binley Woods.

Third Schedule: particular of rights -

1. Easements etc.;

2. Right for the purchaser to enter 25yd. into any land (contracted to be sold to him but not yet conveyed by Gorton) to recover game.

Fourth Schedule: reserved rights -

1. Easements enjoyable over land coloured yellow on the plan;

2. Water;

3. Minerals under land coloured blue on the plan;

4. The conveyance's having not affected local-government sewerage or enabled Gorton to use the soil beneath roads bounding the land coloured yellow on the plan, to extract minerals or to restrict building on the plan's yellow area.

Fifth Schedule: particular of documents subject to provisions stipulated in the Second Schedule -

Part I - Mineral Leases:-

11th. Nov., 1908 lease for Binley and Willenhall pas., later assigned to Merry & Cuninghame Ltd.;

25th. Feb., 1910 lease to Wyken Colliery Co. Ltd. regarding Wyken, Foleshill and Walsgrave pas.:

Part II - Other Documents:-

24th. Jan., 1901-3rd. Feb., 1922. Twelve items concerned with miscellaneous rights.

Sixth Schedule: apportionment of Binley Grange Farm rent.

Seventh Schedule:

Part I - deeds affecting the interests of Curzon and Harris:- 16th. Jan., 1867-28th. Feb., 1924. Ten documents:

Part II - deeds affecting the Dowager Countess' interest:- 23rd. Oct., 1893-8th. Apr., 1924. 23 documents:

Part III - other documents concerning Curzon and Harris:- 7th.-16th. Apr., 1924. Two documents.

Eighth Schedule: 11th. Feb., 1919 conveyance of Sowe manor and Binley and Wyken advowsons.

II 8th Apr., 1925 Conveyance executed, firstly, in consideration of £50; secondly, made so that John Todd (of Northallerton, Yorks., gent.) might sell to Edward Theodore Wiles (of Binley, Warws., collieryworker) (a) 1a. formerly part of Binley Common Wood (Binley, Warws.; having a 44-yd. frontage on the Coventry-Brandon road (shown in pink on a plan) and subject to third-scheduled reservations mentioned hereafter), (b) second-scheduled rights and (c) the benefits of a first-scheduled indemnity; thirdly, made subject to the 1924 deed's provisions and to this one's third-scheduled rights; fourthly, having E.T. Wiles' agreement to erect a fence on the southern and eastern boundaries and observe the Fourth Schedule's stipulations; fifthly, with a covenant by J. Todd to produce fifth-scheduled deeds; and sixthly, having an undertaking that the transaction should not exceed £500.

First Schedule: extracts from the 1924 deed (I)

Second Schedule: rights conveyed by I.

Third Schedule: particulars of rights reserved by I:-

1. Water subject to the rights of Todd and other interested parties;

2. Game-reservation as in I;

3. The conveyance excluded minerals;

4. Mineral-owners would have an extraction-right, paying £4 per a. p.a. plus compensation with the right to purchase the disturbed surface at £100 per a.;

5. The (1925) conveyance did not give Wiles rights over adjoining roads, nor over the soil or the fishing in any river, nor restriction of building on adjacent land or of covenants for such development.

Fourth Schedule: stipulations to be observed by the purchaser:-

1. Within three years, he should build a dwelling worth not less than £300;

2. Such a house would have a 30-ft. building-line;

3. There would be no noxious trade, fried-fish shop, off-licence or club on the premises;

4. There would be no temporary building;

5. There would be no right of light or air;

6. Todd would remain free to dispose of his other Warws. land.

Fifth Schedule: three documents (dated 14th.-31st. May, 1924) which Todd had covenanted to produce for Wiles.

III 19th. Nov., 1925. Mortgage as PA/101/8/823 between Edward Theodore Wiles and the Coventry Permanent Economic Building Society for £400 with repayment over 25 years.

Schedule: "Brighthelmstone", Binley, Warws., to be erected by the mortgagor.

16th. Oct., 1929. Building-society's receipt.