Colin Gillespie estate: vesting lands near Glasgow in trustees to effect sales for payment of debts, and to partition and feu the remainder for the benefit of his heirs Act 1847

JurisdictionUK Non-devolved
Citation1847 c. 22
ANNO DECIMO & UNDECIMO
VICTORLE REGINiE.
**************************************************
Cap.1l.
An Act for authorizing the granting" of a new
Lease of certain Coal Min es and Hereditaments
in the County of Durhain late the Estate of
John Lyon Esquire deceased. [22d July 1847-]
W
HEREAS by an Indenture of Release and Settlement
bearing Date on or about the Thirty-first Day of January
j^e^e
a^0
One thousand eight hundred and twelve, and made or Release,
expressed to be made between John Lyon of Hetton-in-the-Hole dated 31st
in the Parish of Houghton-le-Spring in the County of Durham,
^)?"ary
Esquire, since deceased, of the First Part, Barrington Price, then
late of Llangoedmore Place in the County of Cardigan, and then of
Burrows Lodge in the County of Glamorgan, Esquire, and Arme
Price of Biirroxcs Lodge aforesaid Spinster, (now Anne the Wife of
John William Oldmixon of Hill Street, Knightsbridge, in the County
of Middlesex, Esquire,) the Second Daughter and one of the
surviving Children of the said Barrington Price, of the Second Part,
the Right Honourable John Bowes Earl of Strathnore and King-
liorne and Richard Clutterbuck Esquire of the Third Part, and Sir
Thomas Henry Liddell Baronet and the Reverend Henry George
Liddell of the Fourth Part, and grounded as a Release on a Lease
for a Year dated the Thirtieth Day of the same Month of January,
(being the Settlement made previously to the Marriage then intended
to be, and shortly afterwards solemnized between the said John Lyon
[Private.] g / and
686 10° & 11° VICTORLE, Cap.ZL
and Anne Price,) divers Messuages, Farms, Lands, Tenements, and
Hereditaments, and Parts and Shares of Tenements and Heredita-
ments, therein particularly mentioned and described, situate in the
several Towns, Townships, Hamlets, or Territories of Hetton~in-the-
Hole, Moorsley, and Eppleton, and in the Parish of Houghton-le-
Spring, in the County of Durham, with their Rights, Members, and
Appurtenances, together with certain Fee Farm Rents, and all other
the Messuages, Lands, Tenements, Rents, and Hereditaments, and
Parts and Shares of Messuages, Lands, Tenements, and Hereditaments
whatsoever, of
him
the saidjö/m Lyon, or whereof or wherein he, orany
Person or Persons in trust for him, then was or were seised of or en-
titled to for any Estate of Freehold or Inheritance, in possession, rever-
sion, remainder, or expectancy, situate, being, or arising, or to be had,
received, or taken in or within the several Towns, Townships, Ham-
lets,
or Territories of Hetton-in-the-Hole, Moorsley, and Eppleton
aforesaid, or any of them, or in the Parish of Hoaghton-le-Spring
aforesaid, (and which Hereditaments, or some Parts
thereof,
are in
the said Indenture now in recital stated to be liable to certain
Mortgage Debts and Incumbrances specifled in the same Indenture,
all which Mortgages and Incumbrances were paid off and discharged,
and the Estates comprised in the several Securities for the same duly
conveyed to the Uses of the said Indenture now in recital, prior to
the Year One thousand eight hundred and twenty-two,) were assured
and limited to the LTse of the said John Lyon and his Heirs until the
Solemnization of the said intended Marriage, and after the So-
lemnization thereof to the Uses following, (that is to say,) as to
all those the Coal Mines and Seam and Seams of Coal and all other
Mines and Minerals lying and being in, within, or under, or to be
had, won, wrought, or gotten from, forth, or out of all those the several
Closes or Parcels of Ground, Lands, and Premises therein-before
mentioned, (other than and excepting from, forth, or out of such
Part and Parts of the same Lands, Grounds, and Premises as then
late belonged to Ann
Govsland
and Ralph Skinner
Gotvland,
and were
purchased of them by Mary Lyon,) together with certain Liberties,
Privileges, and Powers of searching for, and winning.working, leading,
taking, and carrying away the same, to the Use of the said John
Lyon,
his Heirs and Assigns for ever, and as to all those the Capital
Messuages, Farms, Closes or Parcels of Ground, Lands, Tenements,
Rents,
and Parts and Shares, and Hereditaments and Premises,
therein-before mentioned, (other than and excepting the said Coal
Mines and Seam and Seams of Coal and other Mines and Minerals,
and the Liberties, Privileges, and Powers thereby limited to the said
John Lyon as aforesaidj to the Use of the said John Lyon and his
Assigns during his Life, without Impeachment of Waste, with a
Limitation to the Use of the said John Borves Earl of Strathmore
and Richard Clutterbuck, and their Heirs, during the Life of the
said John Lyon, upon trust to preserve the contingent Re-
mainders therein-after limited, with Remainder to the Use and
Intent that the said Anne Price and her Assigns (in case she
should survive the said John Lyon) might after his Decease take
during her Life out of the said Capital Messuage, and other
Messuages, Farms, Lands, Tenements, Rents, and Parts and Shares,
and Hereditaments, therein-before limitedin Use to the said John Lyon
for
io°&ir VICTORLE,
Cap.n.
for his Life as aforesaid, the annual Rent or Sum of Eight hnndred
Pounds, with the usual Powers of Distress and Entry, and Perception
of the Rents and Profits of the said Hereditaments and Preraises, for
better securing the Payment of the said Rent or yearly Sum of Eight
hundred Pounds, and, subject thereto, to the Use of the said Sir Thomas
Henry Liddell and Henry George Liddell, their Executors, Admi-
nistrators, and Assigns, for the Term of Six hundred Years from the
Decease of the said John Lyon, upon certain Trusts in the said
Indenture of Release and Settlement declared for securing the Pay-
ment of the said annual Rent or yearly Sum of Eight hundred
Pounds, and upon certain other Trusts therein mentioned (which
other Trusts in the Events which happened became incapable of
taking effect), with Remainder to the Use of the First and every
other Son of the said John Lyon by the said Anne Price lawfully to
be begotten, severally and successively according to Seniority in
Tail, with Remainder to the Use of the said John Lyon, his Heirs
and Assigns for ever; and by the said Indenture of Release and
Settlement now in recital a Principal Sum of Six thousand Pounds
was assigned by the said John Lyon unto the said Sir Thomas Henry
Liddell and Henry George Liddell, their Executors, Administrators,
and Assigns, (subject to the Life Interest of Mary Lyon, the Mother
of the said John Lyon, therein,) in trust from Time to Time, with
the Consent of the said John Lyon during his Life, and after his
Decease then of the proper Authority of the Trustees or Trustee for
the Time being
thereof,
to place out or invest the said Sum of Six
thousand Pounds (as and when the same should be received) in or
upon Government or Real Securities at Interest, and from Time to
Time to call in and to place out or invest the same again upon new or
other Securities of the like Nature at Interest, until the same should
become payable by virtue of the Trusts and Directions therein con-
tained, and in trust to pay to or empower the said John Lyon to
receive the Interest, Dividends, and yearly Proceeds thereof for his
Life,
and after his Decease to stand possessed of the said Sum of Six
thousand Pounds in trust for all the Children of the said John
Lyon by the said Anne Price his then intended Wife (except an
eldest or only Son), equally to be divided amongst them Share and
Share alike, and in case there should be only One such Child, then
in trust for such only One, and to be vested Interests in such of
them as should be Sons at their respective Ages of Twenty-one
Years,
and in such of them as should be Daughters at their respec-
tive Ages of Twenty-one Years or Days of Marriage, which should
first happen, so as such Marriage might be had with the Consent of
the said John Lyon and Anne Price his then intended Wife, or the
Survivor of them, or the Executors or Administrators of such Sur-
vivor, such Consent to be signified as therein mentioned, with such
Benefit of Survivorship and Trusts for Maintenance as therein men-
tioned ; and it was by the said Indenture of Release and Settlement
declared, that the Provision thereby made for the said Anne Price
was to be in bar of Dower ; and in the said Indenture is contained a
Power for the said John Lyon and Anne Price, and the Survivor of
them, during their Lives and the Life of the Survivor, to appoint
new Trustees of the said Trust Estates, Monies, and Premises, in the
event of the Trustees thereby appointed, or any of them, being
desirous

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT