Elizabeth and Harriet Ellerker estate: authorizing sales of land for payment of incumbrances, other estates to be purchased and settled in lieu from the residue Act 1845
| Jurisdiction | UK Non-devolved |
| Citation | 1845 c. 14 |
| Year | 1845 |
ANNO OCTAVO & NONO
VICTORLE REGIME.
********* #*#-#####.#*#-*-#-#-*####^
Cap.
14.
An Act to authorize the Sale of the Fee Simple of
Part of the Settled Estates of Miss Elizabeth
Mainwaring Ellerker and Miss Harriet Main-
waring Ellerker deceased, situate in the County
of York, and for applying the Monies to arise
by such Sale in Payment of Incumbrances affect-
ing the said Estates, and laying out the Residue
of such Monies in the Purchase of other Estates.
[31st Juhj 1845.]
T^HEREAS by Indentures of Lease and Release, dated re^ indentures
/ spectively theJEighteenth and Nineteenth Days of Septem- of
Settie-
ber One thousand eight hundred and sixteen, the Release
made between Elizabeth Mainwaring Ellerker of Richmond in the
County of Suwey, Spinster, of the First Fart, Harriet Mainwaring
Ellerker of the same Place, Spinster, of the Second Part, the Right
Honourable Arthur George Earl of Onslow (therein called the Right
Honourable Arthur Geprge Onslow, then commonly called Lord
Cranley,) and John Hall of Scorbro* near Beverley in the County of
York, Gentleman, (since deceased,) of the Third Part, the Honour-
able Thomas Cranley Onslow (therein described as the Second Son
of the Right Honourable Thomas the then Earl of Onslow) and
Samuel
nient, dated
respectively
18th and
19tli Sept.
1816.
\JPrivate*~\ 4 %
366 8° & 9° VICTORIA,
Cap.
14.
Samuel Taylor of John Street, Bedford Row, in the County of
Mid-
dlesex f Gentleman, of the Fourth Part, after reciting that by Inden-
tures of Lease and Release, bearing Date respectively the Twentieth
and Twenty-first Days of April One thousand seven hundred and
ninety-two, the Release being made between John Ord and John
Bagnall, therein respectively described, of the First Part, the said
Elizabeth Mainwaring Ellerker and Harriet Mainwaring Ellerker of
the Second Part, and Henry Hoare, therein described, of the Third
Part, 'reciting, amongst other things, that the said John Ord and
John Bagnall were seised in Fee of Two undivided Fourth Parts of
the Manors, Messuages, Lands, Tenements, arid Hereditaments therein
mentioned, upon trust, as to One Fourth Part
thereof,
foi; the said
Elizabeth Mainwaring Ellerker, her Heirs and Assigns, and as to the
other Fourth Part thereof upon trust for the said Harriet Main-
waring Ellerker, her Heirs and Assigns, and reciting that the said
John Bagnall was seised in Fee of the Inheritance of the remaining
Two undivided Fourth Parts, upon trust, as to One Fourth Part, for
the said Elizabeth Mainwaring Ellerker, her Heirs and Assigns, and
as to the other Fourth Part for the said Harriet Mainwaring Ellerker,
her Heirs and Assigns, it was witnessed that in consideration of
Thirty-two thousand Pounds lent and advanced by the said Henry
Hoare to the said Elizabeth Mainwaring Ellerker and Harriet Main-
roaring Ellerker, and for the nominafConsideration therein mentioned,
they the said John Ord and John Bagnall did bargain, sell, alien,
release, and confirm unto the said Henry Hoare, his Heirs and Assigns,.
sucb of the Freehold Hereditaments therein-after mentioned to be
thereby granted and released as were situate, lying, and being within
the Parishes, Townships, or Territories of Risby and Rouih, or either
of them, therein-after mentioned^ in the County of York, to hold the
.same unto and to the Use of the said Henry Hoare, his Heirs and
Assigns, subject to a Proviso for Redemption on Payment by the said
Elizabeth Mainwaring. Ellerker and Harriet Mainwaring Ellerker,
or ,One of them, their or One of their Heirs, Executdi^s, Adminis-
trators, or Assigns, unto the said Henry Hoare, his Executors, Ad-
ministrators, or Assigns, of the said Sum of Thirty-two thousand
Pounds, with'Interest after the Rate and in the Manner therein
mentioned ; also reciting, that by Indenture bearing Date -the First
Day of December One thousand eight hundred the said Elizabeth
Mainwaring Ellerker and Harriet Mainwaring Ellerker,
One of
them, did further charge the same Freehold Hereditaments, or some
Part
thereof,
with the Payment of the further Sum of Three
thousand Pounds, and Interest for the same, as therein mentioned, to
the said Henry Hoare; also reciting, that by another Indenture, bear-
ing Date the Fifth Day of September One. thousand eight hundred
and nine, they the said Elizabeth Mainwaring Ellerker and Harriet
Mainwaring Ellerker, or One of them, did further charge the same
Freehold Hereditaments, or some Part
thereof,
with the Payment of
the further Sum of Five thousand Pounds, and Interest for the same,
as therein mentioned, to the said Henry Hoare; and also reciting,
that the said Elizabeth Mainwaring Ellerker and Harriet Mainwaring
Ellerker, being absolutely entitled in equal undivided Moieties to the
Fee Simple and Inheritance of the Freehold Hereditaments therein-
after mentioned to be thereby granted and released, (subject only, as
to the Hereditaments comprised in the said therein-before recited
5 Indentures
8° & 9° VICTOHLE,
Cap,
14.
rndentures of the Twentieth and Twenty-first Days of April One
thousand seven hundred and ninety-two, to the said Mortgage and
further Charges as aforesaid,) and also being entitled in like Manner
to the Copyhold Hereditaments therein-after covenanted to be sur-
rendered, were desireus of settling, conveying, and assuring the same
Freehold and Copyhold Hereditaments and Premises to the Uses,
upon the Trusts, and in the Manner therein-after mentioned \ it is by
the now stating Indenture witnessed, that for effectuating in part the
Purposes aforesaid, and for the nominal Consideration therein men-
tioned, the said Elizabeth Mainwaring
JEUerker
and Harriet Main-
waring_JEU^ke7^rmted9 released, and confirmed unto the said Arthur
George Earl of Qndow~~w$~jQ]iM~H0, and~~tcr~"their—Heirs
-
and~
Assigns, all that the Manor or Lordship or reputed Manor or Lord-
ship of Risby in the County of York, with its Rights, Royalties,
Members, and Appurtenances, and all that the Site of the Capital
Messuage or Mansion House there, formerly called The Flail, with
the Appurtenances and the Park there, and also all and every the
Messuages or Tenements, Farms, Closes, Lands, Grounds, Tithes,
Moduses, Compositions for Tithes, Rents, and Hereditaments what-
soever, in Risby and the Parish of Risby, late the Estate or Inheri-
tance of Ellerker Bradshatv late of Risby aforesaid, Esquire, deceased,1
and which by his last Will and Testament in Writing, bearing Date
the Twenty-seventh Day of Jane which was in the Year of our Lord
One thousand seven hundred and forty-two, were by him given and
devised to EatOrt Mainwaring
FMerkef,
then called Eaton Main*
waring, the eldest Son of Roger Mainwaring, then of London, Esquire,
deceased, the late Father of Roger Mainwaring Ellerker deceased,
for his Life, with several Remainders over, as are mentioned therein,
and late or theretofore in the several Tenures or Occupations of the
said Roger Mainwaring Ellerker, William Ayer, Robert Strickney,
John Bailey, Thomas Bailey, Roger Ballmer, Samuel Alnaby, Tho-
mas Turner, Thomas
Todd,
Mr. Lillingstone, Thomas Hopper,
William Johnson, Peter Tienby, Edmund Dobson, Thorns Mar?%
Roger Bailey, William Vickers, John Hudson, John Watson, and
John Dale, their Under-tenants or Assigns, but then or late in the
several Tenures or Occupations of James Hutty, John Watson*
Richard Wharton, Thomas Webster, Samuel Elley, and William Hill,
the Overseers of Wheeton, John Gibson, Richard Andrew^ and
Peter Hutty, their Under-tenants or Assigns, and all other the Free-
hold Estate of Inheritance which was late of the said Ellerker
Bradshatv the Testator, and afterwards of Barbara Mainwaring
Ellerker and Roger Mainwaring Ellerker, or either of them, within
the Parish, Township, or Territories of Risby aforesaid, with their
and every of their Rights, Members, and Appurtenances ; and also
all that the Manor or Lordship or reputed Manor or Lordship of
Mouth in Holderness in the said County of York, with its Rights,
Royalties, Members, and Appurtenances ; and also all that the
Manor House there, with its Appurtenances; and also the Advowson
and Right of Patronage and Presentation to the Advowson of the
Church of Routh; and also all and every the Messuages or Tene-
ments, Cottages, Farms, Closes, Lands, Grounds, Fisheries, Heredita-
ments, and Premises whatsoever, late the Estate or Inheritance of the
said Ellerker Bradshaw the said Testator, situate, lying, and being
in Routh aforesaid, or within the Parish or Township, Fields, Pre-
cincts,
To continue reading
Request your trial