Baroness Windsor Estate Act 1857

Publication Date:January 01, 1857
Baroness Windsor Estate Act 1857

(20 & 21 Vict.) c. 7

An Act for authorizing the raising of Money on the Security of Estates in the County of Glamorgan, settled by the Will of the Right Honourable Other Archer late Earl of Plymouth deceased, and the Application of the Money for the Improvement of Parts of the Estates, in order to render them available as Building Lands, and for confirming an Agreement with the Penarth Harbour, Dock, and Railway Company, heretofore called the Ely Tidal Harbour and Railway Company; and for other Purposes.

[25th August 1857]

? s ANNO VICESIMO & VICESIMO PRIMO VICTORI^E REGINLE. v**^^^^**^^*^-^^^^^*^^^^*^*^^^^^*^^^^*^^^^^*****^*^*^* Cap. 7 An Act for authorizing the raising of Money on the Security of* Estates in the County of Gla- settled morgan the Will of the Right Honourable Other Archer late Earl of Plymouth deceased, and the Application of the Money for the Improvement of Parts of the Estates, in order to render them available as Building Lands, and for confirming an Agreement with the Penarth Harbour, Dock, and Railway Company, heretofore called the Ely Tidal Harbour and Railway Company; and for other Purposes. [25th August 1857.] w HERE AS by an Indenture of Settlement dated the Third Day of August One thousand eight hundred and eleven, between the Right Honourable Other Archer then Earl of Plymouth (since deceased) of the Eirst Part, the Right Honourable Lady Mary Sackville Spinster (now the Dowager Countess Amherst) of the Second Part, the Right -Honourable Arabella Diana Duchess ] u u of 20 & 21 VICTORIES, Cap.7. ^ Baroness Windsors Estate Act, 1857. *^ - - ? * ? ? - i _ _ _ _ . _ -- -|^_^^ of Dorset (then the Wife of the Right Honourable Charles Lord Whitworth) of the Third Part, the Right Honourable William Pitt, then Baron, afterwards Earl Amherst, and Charles Lord Whitworth, of the Fourth Part, the Most Noble George John Frederick Sackmlle Duke of Dorset and the Most Honourable Arthur Blundell Sandys Trumbull Marquis of Downshire of the Fifth Part, the Honourable Charles Cecil Cope Jenkinson (afterwards Earl of Liverpool, and since deceased) and Charles Pascoe Grenfell Esquire of the Sixth Part, and the Right Honourable James Walter Viscount Grimston and the Reverend Thomas Blackall Clerk of the Seventh Part, (being the Settlement executed on the Marriage of the said Earl of Plymouth with Lady Mary Sackville, late Countess of Plymouth and now the Dowager Countess Amherst,) the Estates of the late Earl of Plymouth in the County of Glamorgan and elsewhere, including the Manors of Tardebig and Bromsgrove in the Counties of Worcester and Warwick, were settled to Uses whereunder (in the Events which have since happened)' the Dowager Countess Amherst is entitled to receive out of those Estates or Parts thereof a yearly Rentcharge of Four thousand Pounds during her Life for her Jointure, and in bar of all Dower or Thirds, with the usual Powers of Distress and Entry for Recovery thereof when in arrear; and the Hereditaments charged therewith are vested in Charles Pascoe Grenfell for a Term of One hundred and fifty Years, without Impeachment of Waste, upon trust for better securing the Rentcharge, and the Settlement contained Powers for the late Earl of Plymouth to grant Building and other Leases of the Settled Estates or Parts thereof: And whereas Other Archer late Earl of Plymouth (in this Act called "the Testator"), being or claiming to be entitled to appoint by his Will or to devise the Settled Estates by his Will dated the Twenty-seventh Day of February One thousand eight hundred and thirty, and duly executed and attested as then required for devising Real Estate, appointed the r ? Freehold Manors and Hereditaments in the County of Glamorgan and elsewhere, over the Inheritance of which he had any Power of Appointment, by that his Will to the Use3 therein-after limited thereof, and devised the same Freehold Manors and Hereditaments and all other Freehold Manors and Hereditaments in the Countv of Glamorgan and elsewhere, of the Inheritance, whereof he had the Power to dispose,, unto the Earl Amherst and John Drum-mond and their Heirs; as to the Freehold Manors and Hereditaments in the County of Glamorgan and other Hereditaments, including the Manors of Tardebig and Bromsgrove, to the Use of Charles D.rurn-mond and John Mills, their Executors, Administrators, and Assigns, for a Term of Five hundred Years, upon Trusts for raising such Money for Payment of the Testator's Debts, Funeral'Expenses, and Legacies as.his Personal Estate should be insufficient to discharge, and subject thereto 20 & 21 VICTORIA, Cap J. t Baroness Windsors Estate Act, 1857. thereto and to a Limitation of an annual Sum of Two thousand Pounds for the Benefit of the Testator's Wife (but which never arose), and of an annual Sum of Three hundred Hounds for the Benefit of the Testator's Uncle, the Honourable and Reverend Andrews Windsor ^but which was afterwards revoked by a Codicil), and to a Limitation of the usual Powers and Remedies for securing the Payment of those annual Sums respectively, and to a Limitation to the Use of the Right Honourable George John Earl De La Warr and the Earl of Liverpool, their Executors, Administrators, and Assigns, for a Term of Six hundred Years, upon Trusts thereby declared (but which Trusts never arose and which Term has ceased) to the Use of the Earl Amherst and John Drummond and their Heirs during the Life of the Testator's Sister Lady Harriet dive, now the Baroness Windsor, without Impeachment of Waste, upon Trust for her Sole and separate Use, with Remainder to the Use of Robert Clwe (now the Honourable Robert Windsor Clive) her eldest Son and his Assigns during his Life, with-out Impeachment of Waste, with Remainder to the Use of the Earl Amherst and John Drummond and their Heirs during his Life, upon the usual Trust to preserve contingent Remainders, with Remainder to the Use of the First Son of Robert Windsor Clive in Tail Male, with Remainder to the Use of the Second and other Sons of Robert Windsor Clive severally and successively, according to Priority of Birth in Tail Male, with Remainder to the Use of an Infant then lately born, Second Son of the Baroness Windsor, and his Assigns, during his Life, without Impeachment of Waste, with Remainder to the Use of the Earl Amherst and John Drummond and their Heirs during his Life, upon the usual Trust to preserve contingent Remainders, with Remainder to the Use of the First Son of that'infant Son in Tail Male, with Remainder to the Use of the Second and other Sons of that infant Son severally and successively, according to Priority of Birth in Tail Male, with Remainder to the Use of the Third and other younger Sons of the Baroness Windsor severally and successively, according to Priority of Birth in Tail Mail, with divers Remainders over, and the Testator thereby empowered Robert Windsor Clive, when in possession, by Deed or Will to appoint a Jointure for his Wife, and a Term of Years upon trust for securing the same, and to charge Portions for his younger Children, with a Term for raising the same; and the Testator thereby declared his Will to be that it should be lawful for the Baroness Windsor and Robert Windsor Clwe, and others therein named respectively, as and when they respectively should be in the actual Possession or beneficially entitled to the Rents, Issues, and Profits of the Manors and Hereditaments therein- before appointed or. devised, or any of them, ? or any Part for Parts thereof, and for the Earl Amherst and John Drummond, and the Survivor of them, and the Executors or Administrators of such Survivor, during the Minority of 20 & 21' VICTORIA, Cap.7 Baroness Windsor s Estate Act+1857* of any Person or Persons who by virtue of the Limitations thereinbefore contained should.be http://should.be entitled to the Freehold, or both Freehold and Inheritance, of the same Manors and Hereditaments, or any Part or Parts thereof, to make such or the like Leases of all or any of the same Manors and Hereditaments, or any Part or Parts thereof, (except the Mansion House and Park of Hewell, and the Offices, Gardens, and Pleasure Grounds thereto belonging,) as by his Marriage Settlement the Testator was authorized to make or grant of the Hereditaments thereby granted and re-leased, or any of them, under or by virtue of the several Powers of leasing therein contained; and the Testator thereby granted to the Earl Amherst and John Drummond and the .Survivor of them, and the Executors and Administrators of such Survivor, Powers of Sale, Exchange, and Partition of the Estates thereby devised (except the Mansion House and Park of Hewell, and the Offices, Gardens, and Pleasure Grounds thereto belonging), with Powers to receive Money for Equality of Exchange or Partition, such Powers to be exercised with such Consent as' therein expressed, and declared that the Moneys received on such Sales, Exchanges, or Partitions should be applied in or towards Discharge of Incumbrances on the Estates, and that the Residue should be invested in the Purchase _ _ _ ^ of other Estates to be settled to the same Uses as the Estates sold or given in Exchange, or conveyed upon Partition, with Provision for the interim Investment of such Moneys in Stock, Funds, or Securities of the British Government, or on Real Securities iaEngland or Wales; and the Testator thereby provided for the Appointment from Time to m Time of new Trustees of his Will: And whereas the Testator departed this Life on the Tenth Day of July One thousand eight hundred and thirty-three'without having revoked or altered his Will, as. herein* before recited, otherwise than by a Codicil revoking the Limitation of the annual Sum of Three hundred Pounds for Andrews Windsor, and without ever having had any Issue, and his Will, with Two Codicils, was on the Fourteenth Day of September One thousand eight hundred and thirty-three proved by the Executors thereof in the Prerogative...

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