Cooke Estate Act 1878
| Jurisdiction | UK Non-devolved |
| Citation | 1878 c. 3 |
| Year | 1878 |
[41 & 42 VICT.]
Cooke
Estate Act, 1878.
CHAPTER
s.
An Act for giving effect to a compromise of suits affecting
A.D.
1878.
the Estates in the counties of Westmeath and Dublin, in
Ireland, late of Adolphus Cooke, deceased.
[8th August 1878.]
HEREAS previous to and at the execution of the indenture
of mortgage next herein-after recited Adolphus Cooke, of
Cookesborough in the county of Westmeath, was seised in fee simple
of the lands and premises in the Schedule hereto mentioned, subject
to a rentcharge by way of jointure of one thousand five hundred
pounds a year payable to Mrs. Anne Lube for her life, and to two
charges for the respective sums of three thousand pounds and eight
thousand pounds late Irish currency, equivalent to ten thousand one
hundred and fifty-three pounds sixteen shillings and elevenpence
present currency :
And whereas by indenture bearing date the second day of April indenture
one thousand eight hundred and forty-one, and expressed to be made
ate!]-2nd
,A.t)ril 1841
between the said Adolphus Cooke of the one part, and Benjamin
James Chapman, now Sir Benjamin James Chapman, Baronet, of the
other part, the said Adolphus Cooke conveyed to the said Benjamin
James Chapman, his heirs and assigns, by way of mortgage, the
said lands and premises in the Schedule hereto mentioned, subject to
redemption on payment of the sum of twelve thousand pounds, with
interest thereon at the rate of six pounds per centum per annum,
reducible to five pounds per centum per annum on punctual pay-
ment:
And whereas both the said sums of three thousand pounds and
eight thousand pounds late Irish currency were paid out of and
formed a part of the said sum of twelve thousand pounds sterling,
and the said charges were by deeds dated respectively the twenty-
sixth of February one thousand eight hundred and forty-one and
thirtieth of March one thousand eight hundred and forty-one
assigned to the said Benjamin James Chapman as further security
for the said sum so advanced :
[Private.-3.~] A 1
[CH. 5.1
w
[CH. 3.]
Cooke
Estate Act, 1878. [41 & 42 VICT.]
A.D.
1878.
Indenture
dated
1st
November
1876.
Further
in-
denture
dated
1st
November
1876.
Will
of
Adolphus
Cooke
dated
6th
January
1874.
And whereas by indenture dated the first day of November one
thousand eight hundred and seventy-six, and expressed to be made
between the said Sir Benjamin James Chapman, Baronet, of the
first part, the Right Honourable William Lygon Earl of Longford
of the second part, and James Robert Stewart of the third part,
the said Benjamin James Chapman did assign unto the said William
Lygon Earl of Longford the said sum of twelve thousand pounds
secured by the said mortgage, and the benefit of all securities
for the same, and all interest to accrue due thereon; and by the
said indenture the said Benjamin James Chapman did convey unto
the said James Robert Stewart, his heirs and assigns, all the said
lands in the Schedule hereto named, containing about three thousand
three hundred acres, to hold the same unto and to the use of the
said James Robert Stewart, his heirs and assigns, but nevertheless
upon trust for the said William Lygon Earl of Longford, his heirs
and assigns, subject to such right or equity of redemption as the
same premises were then subject to under or by virtue of the said
indenture of mortgage on payment of the said sum of twelve
thousand pounds and interest:
And whereas by indenture also dated the first day of November
one thousand eight hundred and seventy-six, and expressed to be
made between the said Sir Benjamin James Chapman, Baronet, of
the first part, the Right Honourable William Lygon Earl of Longford
of the second part, and the said James Robert Stewart of the third
part, the said two charges of eight thousand pounds and three
thousand pounds late Irish currency were assigned to the said
William Lygon Earl of Longford by way of further security for the
said sum of twelve thousand pounds :
And whereas the said Adolphus Cooke executed a will dated the
sixth of January one thousand eight hundred and seventy-four, and
thereby revoked all former wills, and appointed the said Right
Honourable William Lygon Earl of Longford, the Reverend William
Lyster, and John Eox Goodman to be executors and trustees of his
said will; and he devised all his real estate, lands, and heredita-
ments to the said Earl of Longford, William Lyster, and John Eox
Goodman, their heirs and assigns, upon the trusts in the said will
declared, which were to the following effect; to set apart every year
the sum of two thousand pounds, to pay off the said mortgage of
twelve thousand pounds, to keep up his mansion and demesne of
Cookesborough, and any other improvements, and subject thereto
to accumulate the rents and profits thereof until the Honourable
Edward Michael Pakenham, then third son of the said William
Lygon Earl of Longford, should attain the age of twenty-one years,
and from and after his attaining such asje in trust for the said
[41 & 42 VICT.]
Cooke
Estate Act, 1878. [CH. 8.]
Honourable Edward Michael Pakenham for his life, and from and A.D. 1878.
after his death to his first and other sons successively in tail male, ' —
and in default of issue male to his daughters and their heirs as
tenants in common, and if but one daughter to such daughter, in
tail,
and in default of issue of the said Edward Michael Pakenham
then to the use of the Honourable Thomas Pakenham, then the
second son of the said Earl of Longford, for his life, and from and
after his death to his first and other sons successively in tail male,
and in default of issue male to his daughters and their heirs as
tenants in common, and if but one daughter to such daughter in
tail,
and in default or failure of such issue then to Adolphus Lam-
bert Dennis, son of the Reverend Morley Dennis, his heirs and
assigns for ever; and the said will then contained usual powers and
a clause requiring the devisee in possession to assume the surname
of Cooke, and to reside at Cookesborough, and it made certain
chattels heirlooms, and gave various annuities, legacies, and other
benefits to various persons:
And whereas the said Adolphus Cooke executed a codicil to the Codicil
said will, which was dated the thirteenth July one thousand eight
j^/cfii1
hundred and seventy-four, thereby only making certain alterations
in some of the smaller legacies and annuities given by his said
will:
And whereas the said Adolphus Cooke executed another will and Wil1 of
testament bearing date the tenth day of September one thousand ^0°kg du^ted
eight hundred and seventy-four, which is in the words and figures
10th
Septem-
foUowing: ber 1874'
" This is the last will and testament of me, Adolphus Cooke, of
" Cooksborough in the county of Westmeath, Esquire, hereby
" revoking all former wills and codicils. I appoint the Right
" Honourable William Lygon Pakenham Earl of Longford, of
" Pakenham Hall in the county of Westmeath, to be executor
" and trustee of this my will. I devise all my real estate and
" lands and hereditaments to the said Earl of Longford, his
" heirs and assigns, to the use of the Honourable Edward
" Michael Pakenham, third son of the said Earl of Longford,
" during
his
life, without impeachment of waste, to vest in him
" on attaining the age of twenty-one years, and on his decease
" to the use of his first and other sons lawfully begotten
'•' successively in tail male, and in default of issue male of the
" said Edward Michael Pakenham and from and after his
" decease to the use of the Honourable Thomas Pakenham,
" second son of the said Earl of Longford, during his life,
" without impeachment of waste, and on his decease to the
" use of his first and other sons lawfully begotten successively
A 2 3
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