Earl of Aylesford Estate Act 1882
| Jurisdiction | UK Non-devolved |
| Citation | 1882 c. 3 |
[45 & 46 YICT.] Earl of
Aylesford:s
Estate Act, 1882. [CH. 3.]
A.D.
1882.
CHAPTER 3.
An Act to enable the Trustees of the Earl of Aylesford's
Settled Estates to raise money for payment of his Debts
and for vesting in such Trustees his Life Interest in the
Settled Estates and for other purposes.
[10th August 1882.]
TTTHERE AS by an indenture dated the 3rd day of January 1871
The
settle-
V V
(in this Act called the settlement of 1871) and made between SebVth?
the Right Honourable Heneage sixth Earl of Aylesford of the first sixth Earl
part the Honourable Heneage Finch then commonly called Lord andhis
eldest
Guernsey now seventh Earl of Aylesford of the second part and the Guernsey
Right Honourable William Walter Earl of Dartmouth and the Right (present
Honourable William Henry Baron Leigh of the third part After
recitals to the following effect that is to say :—
That by virtue of an indenture of settlement dated the 6th day of Eecitals.
May 1846 and an indenture duly enrolled in the High Court of
Chancery bearing date the day next before the day of the
date of the settlement of 1871 the several manors impro-
priate rectories advowsons and vicarages And also all such
and so many and such part or parts of the capital and other
messuages farms lands tenements tithes and other heredita-
ments particularly mentioned and comprised in the First and
Second Schedules to the settlement of 1871 as were not of
copyhold or customary tenure and comprised in the Third
Schedule to the said settlement and not vested in the sixth Earl
for an estate of inheritance in fee simple with their appurte-
nances then stood limited (subject to a charge of £40,000
raiseable thereout for the portions of the younger children of
the sixth Earl and also to a charge of £10,000 raiseable out
of the said hereditaments or certain parts thereof by virtue of
an indenture dated the 29th day of March 1865 and subject
also to the precedent uses or estates therein mentioned and the
powers thereto annexed or exerciseable during the con-
tinuance thereof) To such uses as the sixth Earl and the said
Lord Guernsey should from time to time by any deed or deeds
[Primh\-3.] A 1
[OH. 3.] Earl of Aylesford's Estate Act, 1882. [45 & 46 VICT.]
A.D.
1882. ^rith or without power of revocation and new appointment to
be sealed and delivered by them in the presence of and
attested by two or more credible witnesses jointly direct or
appoint:
That by virtue of the said indenture of settlement of the 6th of
May 1846 and of three several other indentures also bearing
• date the day next before the day of the date of the settlement
of 1871 and duly entered or intended to be entered on the court
rolls of the several manors of Hampton-in-Arden Berkeswell
Barston and Balsal in the county of Warwick All such and so
many and such part or parts of the messuages farms lands
tenements and hereditaments particularly mentioned and com-
prised in the First and Second schedules to the Settlement of
1871 as were of copyhold or customary tenure and comprised
in the said Third Schedule thereto and not vested in the sixth
Earl for a customary estate in fee simple with their appurte-
nances then stood equitably settled and assured (subject as
aforesaid) Upon such trusts as the sixth Earl and the said
Lord Guernsey should from time to time by any deed or deeds
with or without power of revocation and new appointment to
be sealed and delivered by them in the presence of and attested
by two or more credible witnesses jointly direct or appoint:
That the sixth Earl and the said Lord Guernsey as part of a
family arrangement between them and for continuing in the
family the possession of the said estates and hereditaments and
for other good causes and considerations had agreed to limit
and settle the said estates and hereditaments to the uses and in
manner therein-after appearing And that the sixth Earl had
also agreed to limit and subject to the same uses the said here-
ditaments then vested in him for an estate of inheritance in fee
simple or customary estate of fee simple as aforesaid:
Operative The sixth Earl and the said Lord Guernsey made appointments
part" and conveyances as follows :—
Appoint- First the sixth Earl and the said Lord Guernsey in pursuance of
ment by Earl ^eir
jom^
power appointed the manors rectories advowsons and
Guernsey of vicarages and all such and so many and such part and parts of the
freeholds. capital and other messuages farms lands tenements tithes and other
hereditaments particularly mentioned and comprised in the First and
Second Schedules to the settlement of 1871 as were not of copyhold
or customary tenure and comprised in the Third Schedule to the same
settlement and not vested in the sixth Earl for an estate of inheri-
tance in fee simple or for a customary estate of fee simple And all
the freehold hereditaments whatsoever comprised in the said inden-
ture of the 6th of May 1846 Together with their appurtenances
To the uses upon the trusts and subject to the powers provisoes
[45 & 46 VICT.] Earl of
Ayhsford's
Estate Ad, 1882. [OH. 5.]
agreements and declarations therein-after limited declared and A.D. 1882.
contained concerning the same : —
Secondly the sixth Earl granted and conveyed All such and so Conveyance
many and such part and parts (if any) of the said capital and other b-v Earl of
messuages farms lands and hereditaments particularly mentioned and holds/™6"
comprised in the First and Second Schedules to the settlement of
1871 and not of copyhold or customary tenure as were not therein-
before appointed And also all other hereditaments whatsoever (if
any) situate in the several counties of Warwick Leicester and Kent
or, any or one of them of or to which the sixth Earl was seised or
entitled for an estate of inheritance in fee simple unto the said
William Walter Earl of Dartmouth and William Henry Lord Leigh
and their heirs (subject nevertheless to the subsisting leases or
agreements for leases and to the charges and incumbrances if any
affecting the same hereditaments) To the uses upon the trusts and
with and subject to the powers and provisions therein-after limited
and contained:
And by the settlement of 1871 it was agreed and declared that Uses:
the appointment and conveyance therein-before contained should
operate and enure To the use primarily to corroborate and confirm
1- T<? confirm
a certain mineral lease granted by the sixth Earl affecting certain
hereditaments in the parish of Burham in the county of Kent And
subject thereto To such uses as the sixth Earl and the said Lord
-• .Joint
aP-
Guernsey during their joint lives should by deed as therein men-
Earl and
tioned appoint And in default of and subject to any such appoint- LordGuetnseJ'-
ment As to certain farms and hereditaments in the several parishes
of Great Packington and Little Packington in the county of War-
wick and particularly described (with other hereditaments) in the
said First Schedule To the use that the said Lord Guernsey and his 3- Rentchaiges
assigns might during the joint lives of himself and the sixth Earl mined) in
receive certain yearly rentcharges which have ceased or become
Guernsey
o^
incapable of taking effect by reason of the death of the sixth Earl:
Part
of estates.
And as to all and singular the said hereditaments and premises
thereby settled (but
as
to the said specifically mentioned hereditaments
subject and charged as aforesaid) To the use of the sixth Earl ^"aste.
during his life without impeachment of waste (except wilful waste
in the destruction of houses or buildings) and in restoration and by
way of continuation of a former life estate of his with remainder To J^S^j
the use of the said Lord Guernsey during his life without impeach- ™te.
ment of waste (except as aforesaid) with remainder To the use of the Jit^Jh"1
first and other sons of the said Lord Guernsey successively in tail tail male-
male with remainder To such uses as the sixth Earl and his second poin^entPof
son the Honourable Charles Wightwick Finch during their joint
J^rf*d^
lives and after the death of the said Lord Guernsey and default or
wick
Finch.
failure of his
issue male
should by deed as therein mentioned appoint
A2 3
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