WEDDINGTON CASTLE - An Online History

APPENDIX II: Abstract of Will of H.N.P. Shawe

A TRANSCRIPT OF DEEDS APPERTAINING TO AVONDALE, 453 WEDDINGTON ROAD.

(1) 2nd October 1889. Stamp £19.10.0
Original produced and examined by Mr T.B. Fitch Solicitor, Nuneaton. 21/7/26.

ABSTRACT of the TITLE of Henry Nigel Pole Shawe Esq to a freehold farm known as the Lower Farm situate in the Parish of Weddington in the County of Warwick.

BY INDRE of this date made between EBENEZER BROWN of Nuneaton in the County of Warwick Gentleman of the onepart and HENRY CUNLIFFE SHAWE of Weddington in the sd County of Warwick Esq of the other part AND RECTG that by an Indre dated on the 29th Septr. 1888 and made between Thomas Parker and John Henry Birch of the first part Matthias Baker of the second part John William Knowles of the third part and the sd Ebenezer Brown of the 4th part for the cons on therein mentioned the messe lands or hdts thrinaftr descd and intended to be thrby conveyed were conveyed and confirmed unto and to the use of the sd E.Brown in fee simple. AND RECTG agreement for sale for £3.900

IT WAS WITNESSED that in conson of £3900 to the sd E.Brown paid by the sd H.C.Shawe on or before the execution of those presents (rect acknd) the sd E.Brown as Benfl Owner did thrby grant and convey unto the sd H.C.Shawe.
ALL THAT messe tenement or dwellinghouse with the farm Yard barn stable cowshed granary chaisehouse and other buildings thereto belonging
AND ALSO ALL THOSE fourteen closes or pieces of land or ground known by the names and containing the quantities following that was to say

or about the same quantities were the same respectively more of less or by whatsoever other names the same lands respectively were or had been called or known
ALL which sd messe and lands were situate at Weddington in the sd County of Warwick and contained together by a then recent admsment 91a. Or 6p. or thrabts more or less and were formally in the occupation of Robert Swinnerton but then of George William Taylor and with the boundaries and abuttals thereof were more particy delineated and decsd in the map or plan drawn in the margin of those presents and thereon cold pink
TOGR with all mines minerals rights members easement and appurtes whatsoever to the sd hdts and premes belonging or appertaining
TO HOLD the same unto and
TO THE USE OF the sd H.C.Shawe in fee simple
EXECUTED by both parties and attested.


(2) 16th March 1909.
Exd with marked abstract B.F. 21/7/26.

BY HIS WILL of this date the said H.C.Shawe appointed his wife Georgina Wilmot Shawe and his son Henry Nigel Pole Shawe (thereinafr called his Trees) to be exors and Trees of that his Will
AFTER RECTG that he was entitled for an este of inheritance in fee simple to certain rent charges lands and hdts at Preston in the County of Lanchaster which by the Settlement made on his marriage with his sd wife he had charged with ajointure rent charge of £1000 a year in her favour during her life if she shod survive him
AND RECTG that by the settlement made on the marriage of his daughter Edith Mary Shawe with Colonel Francis Capel Manley he covtd with the Trees of that Settlement that his exors or ads shod pay to them the sum of £10,000 within 12 calendar months after his decease. And that by the settlement made on the marriage of his daughter Eleanor Grace Shawe with Lt. Col. Egerton Stanley Pipe Wolferston he covtd with the Trees of that Settlement that his Exors or ads shod pay to them the sum of £10,000 within 6 c[a]lendar months after his decease.
The Testor thrby confirmed the settlement made on his marriage with his sd wife and declared that the provisions thrby made were intended to be in addition to and not in substitution for these made or covtd to be made for her in and by such settlement And he also confirmed the settlements made in the marriages of his said Daurs Edith Mary Manley and Eleanor Grace Wolferston (sundry dispositions not effectg the subject matter of this Abstract).
AFTER RECTG that by the settlement dated the 25th November 1907 made on the marriage of his son the sd H.N.P.Shawe with Violet Agnes Druce the Testor covtd with the Trees of that settlement that his Exors or ads shod within six calendar months after his death pay to them the sum of £20,000 as a provision for his said son and his intened wife and the issue of that marriage and that until the sd sum shod be paid he and his exors or ads shod pay to the Trees an annuity of £600 a year as thrin mentioned but it was provided and agreed that if he shof(sic) either by deed or will settle or devise his weddington estate on or to the Trees of the Settlement to the uses and upon the Trusts thereinafter indicated the same shod be accepted by the Settlement Trees in satisfaction of the payment of the sd sum of £20,000 under his said covt and in substitution for the future payments of the sd annuity of £600 HE the sd H.C.Shawe did elect to make provisions referred to in the said Settlement by that his will but expressly on condition that such provision thrby made shod be taken in full satisfaction and discharge of his personal covt contd in the sd settlement for payment of the sd sum of £20,000 and in substitution for the payments of the sd annuity accruing from the sate of his decease
AND THE TESTOR thrby gave and devised

ALL his estates situate at Weddington and Nuneaton in the County of Warwick consisting of the mansion House called Weddington Hall in which he rented with the stables outbuildings gardens lawns pleasure grounds park plantations cottages farms and alnds and the messuage and premes called "Weddington Grove" (all which hdts were thrinafr referred to as "the Weddington Estate" and contained altogether 615.5 acres or thrabts)

TO Henry Parish of Edgbaston in the City of Birmingham Gentleman Herbert Garnett of Orchard Hill House Bideford in the County of Devon Gentleman his son the sd Charles Shawe and his son in law the sd Egerton Stanley Pipe Wolferston (who were the Trees of the sd Settlement of the 25th November 1907 and who and the survivors and the Survivor of them and the Exors and ads of such survivor or other the Trees or Tree for the time being of the said settlement were thrinafr referred to as the Settlement Trees) thr exors ads and assns for the term of 1,000 years from the date of his death without impeachment for waste
UPON the trusts thrinafr declared
TRUSTS of the sd term for raising out of the rents of the sd estate a rent charge of £600 payable to the said H.N.P.Shawe during his life and after his death to the sd Violet Agnes Shawe (reducible in the case of the latter in certain events to £300) and after the death of the survivor to raise by mtge or out of the rents and profits a Portion Fun of £20,000 for the benefit of the children or remoter issue of the sd H.N.P.Shawe and V.A.Shawe as thrin mentioned
POWERS of maintenance and advancement power to the settlement Trees to concur in selling and leasing
AND after the determination of the sd term of 1000 years and in the meantime subject thereot and to the trusts throf the testor thrby gave devised and bequeathed The Weddington Estate and also all his estates at Preston and in staffordshire and all other his real and personal estate of every tenure and description to his sd son H.N.P.Shawe absolutely for his own use and benefit to and charged as to But subject as to the Preston este with the payment throut of the said jointure rent charge of £1000 a year to his sd wife Georgina Wilmot Shawe during her life in case she shod survive him And as to sell the hdts and premes comprised in that residuary devise and bequest subject to and charged with the payment of the sd two several sums of £10,000 and £10,000 to covtd to be paid to the Trees of his sd daughters Edith Mary Manley and Eleanor Grace Wolferston.
AND the testor thrby revoked all former and other wills by him made and declared that to be his last will and testament
Duly signed and witnessed.
6th July 1909) Codicils of these dates to the last will and
10th Decr 1909) testament of the sd H.C.Shawe which do not affect the subject matter of this abstract.

3rd August 1911 The Testor died

17th October 1911 THE SAID WILL and Codicils were duly proven in the Ppal Probate Regy by the sd H.N.P.Shawe alone power being reserved to the sd Georgina W.Shawe the other Exor to prove in like manner.


(3) 22nd October 1912. Stamp 10/-
Exd with marked abstract B.F. 21/7/26.

BY INDRE of this date made between Henry Parish of Edgbaston in the City of Bham Gentleman Herbert Garnett formerly of Orchard Hill House Bideford in the County of Devon but now of Addiscombe Cranbourne Road Bournemouth in the County of Hants Gentleman Charles Shawe a Captain in H.M.Army and Egerton Stanley Pipe Wolferston of Statfold Hall in the County of Stafford a Lieut Co. (retired) in H.M.Army (thrinafr called "the Settlement Trees) of the onepart and Henr[y] Nigel Pole Shawe of Weddington Hall in the County of Warwick Esquire of the other part
RECTG by an Indre dated the 25th day of November 1907 and made between the sd Henry Nigel Pole Shawe of the first part Violet Agnes Shawe (then and therein called Violet Agnes Druce Widow) of the second part Henry Cunliffe Shawe Esq (the father of the sd Henry Nigel Pole Shawe) of the third part and the Settlement Trees of the fourth part (being the settlement made on the marriage then intended and shortly afterwards solemnized betwn the sd H.N.P.Shawe and the sd V.A.Druce) the sd H.C.Shawe contd with the Settlement Trees that if the sd marriage shod be solemnized his exors or ads shod within six calendar months after his death pay to the settlement Trees the sum of £20,000 and that until the sd sum of £20,000 shod be fully paid to the sd H.C.Shawe his exors or ads wod pay to the Settlement Trees an annuity or yearly sum of £600 as therein mentioned AND it was thrby declared that the settlement Trees shod as and when the sd sum of £20,000 shod be recd by them stand possessed throf and of the sd annuity or yearly sum of £600 payable as afsd upon certain trusts for the benefit of the sd H.N.P.Shawe and violet Agnes Shawe and the issue of the sd intended marriage therein declared and contained but in default or failure of such issue then intrust for the sd H.C.Shawe absolutely And it was in and by the sd settlement also provided and agreed that the sd H.Cunliffe shawe might by deed or by his will or any codicil thereto settle by effective assurance or devise thereof to the settlement Trees the capital and other messes farms lands and hdts called "the Weddington estates" and all other (if any) the hdts situate in the parish of Nuneaton in the County of Warwick to which the sd H.C.Shawe was then entitled in possession for an estate of inheritance in fee simple so as to vest the same hdts free from incumbes in the settlement Trees to the uses or upon the trusts thereinaftr indicated that was to say (1)
(1) To pay a yearly rent charge of £600 to the sd H.N.P.Shawe during his life
(2) If the sd Violet Agnes Shawe shod survive him to pay her during her life a like yearly rent charge of £600 (reducible to £300 in certain events) payable by way of jointure from the date of his death
(3) Subject thereto the sd hdts shod as from the decease of the survivor of them stand charged with the payment to the settlement Trees of the sum of £20,000 to be held by them as such trees upon the trusts therein before declared (and to take effect upon the decease of such survivor) of and concerning the sd sum of £20,000 so covtd to be paid by the sd H.C.Shawe as thrinbefore provided or as near thereto as the circumstances of the case would admit and (4) Subject to the afsd provisions the sd hdts shod by such deed or will or codicil as afsd be limited to such uses and upon such trusts as the sd H.C.Shawe shod desire with an ultimate remainder to the use of the sd H.C.Shawe in fee simple And it was also provided that if the sd H.C.Shawe shod carry out and complete the sd settlement thereinbefore mentioned the same shod be accepted by the Settlement Trees in satisfaction of the payment of the sd sum of £20,000 under the sd covt and in substitution for the future payment of the yearly sum of £600 payable by the sd H.C.Shawe under his covt in that behalf contained in the sd settlement.
AND RECTG the sd Will and codicils of the sd Henry Cunliffe shawe his death and probate of the sd Will and codicils as before abstracted
AND RECTG that sd annuity of £600 had been duly paid to the date of those presents as the sd H.N.P.Shawe thrby acknd.
AND RECTG the sd H.N.P.Shawe was desirous of paying to the settlement trees the sum of £20,000 in satisfaction and discharge of the covt of the sd H.C. Shawe in that behalf contained in the sd recited Settlment and of havg the estate of the sd Testor released therefrom as thereinafr expressed
AND RECTG that the settlment Trees had agreed to release the sd hdts so devised to them as afsd and to surrender the sd term of 1000 years created therein in manner thereinafr appearg
IT WAS WITNESSED that in conson of £20,000 paid to the settlement Trees by the sd H.N.P.Shawe (rect acknd) They the settlement Trees did thereby release and di[s]charge the sd H.N.P.Shawe and the es[t]ate of the sd H.C.Shawe decd respectively and also the hdts comprised in the sd term of 1000 years.
FROM the sd sum of £20,000 and other moneys payable under or secured by the covt of the sd H.C.Shawe in the sd settlement and from all claims and demands of the settlement Trees in respect thereof
IT WAS ALSO WITNESSED that in conson of the premes the Settlement Trees as Trees did thereby surrender unto the sd H.N.P.Shawe his heirs and assns
ALL the singular the hdts situate at Weddington and Nuneaton afsd devised to the Settlement Trees by the sd Will of the sd H.C.Shawe decd as afsd AND all other (if any) the hdts comprised in or which were then vested in the settlement Trees for the said term of 1000 years

To the intent that the sd term of 1000 years might merge and be extinguished in the freehold and inheritance of the sd hdts and premees
Executed by the sd parties and attested.