Gifford Warriner (a lunatic) estate: vesting in trustees, for sale, effecting a partition and granting leases Act 1830
| Jurisdiction | UK Non-devolved |
ANNO PRIMO
GULIELMI IV. REGIS.
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Cap.
41.
An Act for vesting Estates, of which Giffbrd War-
Timer Esquire, a Lunatic, is Tenant in Tail, in
Trustees, for Sale, and also for effecting a Par-
tition of certain Parts
thereof,
and for granting
Leases. [16th July 1830.]
W
HEREAS by Indentures of Lease and Release, bearing Indentures
Dates respectively the Twenty-fifth and Twenty-sixth Days of
Settle-
of
September
One thousand seven hundred and thirty-nine, ^^'avt^
the Release being made or expressed to be made between
Elizabeth
26th
Sen-
Ernie Spinster of the First Part, Giffbrd Warriner Gentleman of tember
the Second Part, and
William Gough
Goldsmith, and
Giffbrd
Bruges ^3d-
Gentleman, of the Third Part, (being the Settlement executed
previously to the Marriage then intended to be and soon afterwards
solemnized between the said
Giffbrd Warriner
and
Elizabeth
Ernie,')
all that Messuage or Tenement and Farm called
South
Farm,
situate,
lying, and being in
Allcannings
in the County of
Wilts,
and also the
Malthouse thereto belonging, with their Appurtenances, were conveyed
unto the said
William Gough
and Giffbrd Bruges, their Heirs and
Assigns, to the Use of the said Elizabeth Ernie and her Assigns,
until the said intended Marriage should take effect, and after the
Solemnization thereof to the Use of the said Giffbrd
Warriner
and
Elizabeth Ernie and their Assigns, for their joint Lives, and
in case the said
Elizabeth
Ernie should survive the said
Giffbrd
War-'
riner, to the Use of the
said Elizabeth
Ernie and her Assigns, for her
Life,
with a Limitation to the Use of the said
William Gough
and
[Prwate.] u % Giffbrd
1002 FGULIELMI IV. Cap Ah
Gifford
Bruges,
and their Heirs, during the Life of the said
EUmbeth
Ernie, upon Trust to support the contingent Remainders thereinafter
limited; with Remainder to the Use of the said
Gifford
Warriner and
his Assigns for his Life, in case lie should have any Child by her
whereby he might claim the same for his Life by the Courtesy of
England; with llemainder to the Use of the First and other Sons of
the Body of the said Gifford Warriner on the Body of the said
Elizabeth Ernie begotten, severally and successively according to
their respective Seniorities in Tail Male with Remainder to the Use
of
all
and every the Daughter and Daughters of the Body of the said
Gifford Warriner
on the Body of
the
said
Elizabeth
Ernie, as Tenants
in Common in Tail; with the ultimate Remainder or Reversion
to the Use of the right Heirs of the said
Elizabeth
Ernie for ever:
And whereas the said Elizabeth Ernie departed this Life in the
Life-time of the said Gifford Warriner her Husband, leaving Two
Sons (namely Gifford Warriner and Walter William Warriner):
WillofGif-
And whereas the said
Gifford
Warriner the Father, in such Manner
ford Warn- ag ^e Law requires for rendering valid Devises of Freehold Estates,
isth
Nov
duly executed his last Will and Testament in Writing, bearing Date
1774."
* the Eighteenth Day of
November
One thousand seven hundred
and seventy four, and thereby gave and devised unto Seymour
Wroughton and Richard Long Esquires all his Messuages, Lands,
Tenements, and Hereditaments whatsoever, situate, lying, and
being in
Conock
in the Parish of
Cherrington
otherwise Chirton,
Orcheston
St. Mary,
Orcheston
St. George, South Fullway in the
Parish of
Allcannings,
Eastcourt in the Parish of
Urclifont,
Great
Cheverell,
Netherstreet in the Parish of
Bromham,
Steple Ashton,
and also his Two Freehold Leasehold Estates in the several Parishes
of
Cherrington
otherwise
Chirton
and
Great
Cheverell,
and elsewhere
in the County of Wilts, and also all other his Messuages, Lands,
Tenements, and Hereditaments whatsoever, and wheresoever lying or
being, whereof he was or were seised of any Estate of Inheritance or
Freehold, in Possession, Reversion, Remainder, or Expectancy, to hold
the same unto the said
Seymour Wroughton
and Richard Long, their
Heirs and Assigns for ever, to and for the several Uses, Intents, and
Purposes thereinafter limited, declared, and written of and concerning
the same ; (that is to say,) to the Use of the Testator's said Son
Gifford Warriner
and
his
Assigns during the Term of
his
natural Life,
without Impeachment of Waste, with a Limitation to the
Use
of the
said
Seymour Wroughton
and Richard Long, and their Heirs, during the
natural Life of the said
Gifford Warriner
the Son, in Trust to pre-
serve the contingent Uses thereinafter limited; and after the Decease
of the said
Gifford
Warriner the Son, to the Use of the First and
other Sons of the Body of the said
Gifford Warriner
the Son, severally
and successively according
to
their respective Seniorities in Tail Male;
and for Want or in Default of such Issue, to the Use of the said Tes-
tator's said Son Walter
William Warriner
and his Assigns during the
Term of his natural Life, without Impeachment of Waste, with a
Limitation to the Use of the said
Seymour Wroughton
and
Richard
Long, and their Heirs, for the natural Life of the said
Walter William
Warriner,
inTrust to preserve the contingent
Uses
thereinafter limited;
and after the Decease of the said Walter
William
Warriner,
to the
Use of the First and other Sons of the Body of the said Walter
William
Warrtner,
TGULIELMI IV.
CapM.
1003
Warriner, severally and successively according to their respective
Seniorities in Tail Male; and for Want or in Default of such Issue, id
the Use of
all
and every the Daughter and Daughters of the Body
©f
the said
Gifford
Warriner the Son,
as
Tenants in Common in Tail; and
for Default of such Issue, to the Use of all and every the Daughter
and Daughters of the said Walter
William
Warriner,
as Tenants in
Common in Tail; and for Want or
in
Default of
all
such Issue, to the
Use of
the
Heirs of the said Testator's own Body lawfully begotten }
and for Default of
such
Issue, to the Use of the Testator's own right
Heirs for ever: And whereas the said
Gifford Warriner
the Father, in Codicil
such Manner as the Law requires for rendering valid Devises of
Free-
thereto,
hold Estates, duly executed a Codicil to his said Will, which Codicil
6l^uly
bears Date the Sixth Day of July One thousand seven hundred and
seventy-nine, and thereby gave and devised unto the said Seymour
Wroughton and Richard Long all his Freehold Manor and Estate,
Messuages, Lands, Tenements, and Hereditaments whatsoever, called
Hill and
Shirley
otherwise
Whithead's
Wood,
in the Parish of Mill-
book in the County of
Southampton,
which he the said Testator had
then lately purchased of Robert
Thistlethwayte
Esquire, to hold the
same unto the said Seymour
Wroughton
and Richard Long, their
Heirs and Assigns for ever, to, for, and upon the several Uses,
Intents, and Purposes thereinafter limited, declared, and written con-
cerning the same, being the same Uses, Intents, and Purposes as in
the said Will of the said Testator are limited, declared, and written
concerning his Freehold Messuages, Lands, Tenements, and Heredi-*
taments thereby devised; and the said Testator did not make any
Alteration in his said Will, except by giving a Legacy of Twenty
Pounds: And whereas the said
Waller William
Wamner 'departed this
Life a Bachelor in the Lifetime of the said Gifford
Warriner
his
Father: And whereas the said
Gifford
Warriner the Father departed
this Life without altering or revoking
his said
Will,
except so far
as
the
same
was
altered or revoked
by
his said Codicil; and on the Twenty-
sixth Day of July One thousand seven hundred and eighty-seven the
said Will and Codicil were proved in the Prerogative Court of the
Archbishop of
Canterbury;
and the said
Gifford
Warriner the Father
left the said
Gifford
Warriner, named in his said Will, his only Child
surviving, who thereupon, under or by virtue of the hereinbefore
recited Indentures of
Lease,
Release, and Settlement, of the Twenty-
fifth and Twenty-sixth Days of
September
One thousand seven hun-
dred and thirty-nine, became Tenant in Tail Male in Possession of
the Messuage, Farm, and Hereditaments therein comprised, and
under or by virtue of
the
hereinbefore recited Will of the said
Gifford
Warriner the Father became Tenant for Life in Possession of the
Freehold Estates in the said County of Wilts thereby devised, and
under or by virtue of the hereinbefore recited Codicil of the said
Gifford
Warriner became Tenant for Life in Possession of the Free-
hold Estate in the said County of
Southampton
thereby devised:
And whereas an Act was passed in the Twenty-ninth Year of
the Reign of His late Majesty King George the Third, intituled
An Act for
dividing,
allotting, and
laying
in
Severalty
the
Open
and 29
Geo,
3.
Common
Fields,
Common
Meadows,
Common
Pastures,
Open
Downs,
and c-18-
other Commonable
Lands
ivithin
the
Parishes
of Urchfont and Beech-
ingstoke
in
the
County
of
Wilts;
and by the Award of the Commis-
sioners
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