Francis Duke of Bridgewater estate: amending an Act of 1845 [c.29] (enabling the trustees of his will to execute an agreement with Lord Francis Egerton, and other provisions) Act 1848
| Jurisdiction | UK Non-devolved |
| Citation | 1848 c. 12 |
| Year | 1848 |
ANNO UNDECIMO & DUODECIMC
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Cap.
12.
An Act to alter and amend an Act passed in the
Eighth and Ninth Years of the Reign of Her
present Majesty, for enabling the Trustees of the
Will of Francis late Duke of Bridgewaier to
carry into execution certain Articles of Agree-
ment entered into by them with the Right
Honourable Francis Egerton now Earl of
|~31st August 1848.1
Ell esmere.
HEREAS the Most Noble Francis late Duke of Bridge- will of
water,'by his Will bearing Date the Twenty-eighth Day of "Francis
January One thousand eight hundred and three, (amongst Duke of
other things,) devised all that his Lordship "of Ellesmere in the w"te?Gd A
County of Salop, and all other his Manors arid Hereditaments situate 28th Janu-
in that County, and divers other Hereditaments situate in the Counties ary 1803.
of"
Chester,
Hertford, Buckingham, York, and Durham, to the Eight
Honourable John William late Earl of Bridgewater' deceased (then
Lieutenant General John William Egerton), his Heirs and Assigns,
upon condition that he, his Heirs, Issue, and Assigns, should, as
therein mentioned, convey and assure the Manors,' Advowsons, Col-
lieries, and Hereditaments situate at or in Worksley otherwise Wors-
[Private.~\ lb ley,
282 11° & 12° VICTORIA Cap.n.
ley, Uulton, Stanistreet, Bedford,
Salford,
Kersley, Famworth, Eccles,
and Dean, or elsewhere in the County of Lancaster, comprised in
certain Indentures of Lease and Release and Settlement bearing Date
respectively on or about the Twenty-third and Twenty-fourth Days
of June One thousand seven hundred and thirty-eight, therein referred
to,
to and to the Use of his (the said Testator's) Trustees therein-
after named, discharged of all Estates Tail, Remainders, and Rever-
sions then subsisting therein, and upon the same or the like Trusts as
were therein-after declared of his Canal and Real Estates in Lan-
cashire
;
and the said Testator by his said Will devised all that his
Capital Mansion House in Cleveland Court in the Parish of St James
Westminster, with the Appurtenances, and the Grounds used with the
same, and all the Furniture, Pictures, and other Chattels, as therein
enumerated, which should be in the same Mansion House at his
Death, or then belong to the Collection, to and to the Use of the
Right Honourable Sir Archibald Macdonald Knight, the Right Re-
verend and Honourable Edward Venables Vernon (late Archbishop
of York, then Lord Bishop of Carlisle), and Robert Haldane Bradshaw
Esquire, their Heirs, Executors, Administrators, and Assigns, for all
his (the said Testator's) Estates and Interests therein, nevertheless
in trust to suffer the same to be held and enjoyed by the Person or
Persons who for the Time being should be entitled to the Income of
and ultimately to his Canal and Trust Estates therein-after mentioned,
and for the same or the like Times and Estates, and subject to the same
or the like Provisoes and Conditions, as he, she, and they respectively
should for the Time being be entitled to the same, and in the same or
the like Shares and Proportions as he, she, or they respectively should
be so entitled; and the said Testator gave all his Manors, Tenements,
Collieries, and Hereditaments situate in the Counties of Lancaster and"
Chester (except certain Hereditaments situate at Marbury in the said
County of Chester, which were therein-before otherwise devised), and
also his Canal in the same Counties, and the several Branches thereof
either in or out of the same Counties, and all Grounds occupied there-
with or purchased for the Convenience of the same, and all Wharfs,
Warehouses, Engines, Buildings, and Premises annexed or belonging
to the same Canal, or used, or then building, or to be built, for
the Convenience
thereof,
together with divers Articles of Personalty
(being the Capital, trading Stock, and floating Capital of his said
Canal),
subject nevertheless to the Payment of the Debts owing
at the said Testator's Death on account of the same Concern, and
which were to be paid out of the same Concern in exoneration of
the Residue of the said Testator's Personal Estate, and also all his
the said Testator's Manors and Hereditaments situate at, in, or near
the Town of Brackley in the County of Northampton, with their
Appurtenances, tinto and to the Use of the said Sir Archibald Mac-
donald,
Edward Lord Archbishop of York, and Robert Lfaldane
Brad-
shaw, their Heirs, Executors, Administrators, and Assigns, for ail
the said Testator's Estate atod Interest therein respectively, never-
theless upon trust that the Trustee or Trustees thereof for the Time
being should during the Term of One hundred and twenty Years
from the said Testator's Death, if the Most Noble George Granvilh
„K"\
v late
11° & 12° VICTORIA, Cap.n. 283;
late Duke of Sutherland (since deceased), the Right Honourable
Francis Egerton now Earl of Ellesmere (in the said Will called the
Honourable Francis Leveson Gower), Second Son of the said Duke of
Sutherland, the said Sir Archibald Macdonald, and Edward Lord
Archbishop of York, and the several Children of the respective
Marriages of the said Sir Archibald Macdonald and his then Wife,
and Edward Lord Archbishop of York and his then Wife, who should
be living at the said Testator's Death, and also the Persons who
at the said Testator's Death should be Lords Spiritual and Temporal
of the United Kingdom of Great Britain and
Ireland,
and have taken
their Seats in the- House of Lords of the said United Kingdom, or
any of them, should so long live, and also during the further Term
of Twenty Years from the Expiration or other sooner Determination
of the said Term of One hundred and twenty Years, determinable
as aforesaid, permit and suffer the
-
said last-mentioned Manors,
Collieries, Canal, and the Capital and Trade
thereof,
and the Receipt-
of the Rents, Income, and Profits
thereof,
and the Time of felling
Timber, Woods, and Coppices, and the Drainage of the said Tes-
tator's Trust Estates, to be under the sole Management and Control-
of the said Robert Haldane Bradshaw during his Life, and after
his Death or Resignation then of such Person as should be
appointed to succeed him as therein mentioned; and the said
Testator directed that the Income of his said Trust Estates, Canal,
and Trade which should become due from Time to Time during
the said Terms of One hundred and twenty Years, determinable as
aforesaid, and Twenty Years, should belong to and be held in trust
for the said George Granville late Duke of Sutherland (then Earl
Gower) for Ninety-nine Years, if he should so long live, and the*
said Terms of One hundred and twenty Years, determinable as
aforesaid, and Twenty Years, or either of them, should so long con-
tinue, and after the Expiration or other sooner Determination of
the said Term of Ninety-nine Years, determinable as aforesaid, then
in trust for the said Francis Egerton Earl of Ellesmere for Ninety-
nine Years, if he should so long live, and the said Terms of One
hundred and twenty Years, determinable as aforesaid, and Twenty
Years,
or either of them, should so long continue, and if he should
within Three Calendar Months after he should become entitled to the
Receipt of the said Income, and thenceforth continually, use the
Surname and bear the Arms of Egerton only, subject nevertheless to
determine when and if he should become Marquis of Stafford, or
would have been Marquis of Stafford under the then present Limit-
ation of that Dignity if then subsisting, and after the Determination
of the Estate or Interest of the said Francis Egerton Earl of Ellesmere,
in trust for the First, Second, Third, Fourth, Fifth, and Sixth and
every other subsequent-born Son of the said Francis Egerton Earl of
Ellesmere, severally and successively, according to the Priority of their
Births, and after the Determination of the Estate and Interest of
each of the same Sons respectively, and also (as the Circumstances of
the Case should require) after the Determination of the Estate of
any Person taking from Time to Time under or as answering the
Description of Heir Male of his Body, in trust for the Person who for
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