Hesketh Estate (Flood Defences) Act 1914

JurisdictionUK Non-devolved
Citation1914 c. 3
[4 & 5
GEO.
5.] Hesketh Estate
{Flood Defences)
[OH 3 1
Act,19U.
CHAPTER 3.
An Act to establish Commissioners to maintain flood
A.D.
19U.
defences in the parish of Hesketh-with-Becconsall in
the county of Lancaster and to transfer certain lands
and works to and to confer powers on such Commissioners
and for other purposes. [31st July 1914.]
W
HEEEAS hy an indenture (hereinafter called " the settle- Recital
of
ment") dated the sixth day of January one thousand settlement
eight hundred and eighty-six and expressed to be made between protected''
Sir Thomas George Fermor-Hesketh Baronet (hereinafter called i»»-
" Sir Thomas ") of the first part Dame Florence Emily Fermor-
Hesketh his wife (hereinafter called " Lady Hesketh") of
the second part and Lawrence Rawstorne Edward Wilson and
William Henry Newman (hereinafter called " the original
trustees") of the third part Sir Thomas (who was then entitled
in fee simple to the several hereditaments mentioned in the First
Schedule to the settlement including the greater part of "the
Hesketh protected lands" and " the flood defences " subject to
the incumbrances mentioned in the Second Schedule to the
settlement and referred to in the First Schedule to this Act and
also to a contingent jointure rentcharge (since released) of eight
hundred pounds a year payable to Lady Hesketh in the event
of her surviving Sir Thomas under an indenture of settlement
dated the eighteenth day of December one thousand eight
hundred and eighty) conveyed the hereditaments mentioned in
the First Schedule to the settlement to the original trustees in
fee simple to such uses upon such trusts and subject to such
powers and provisions as the trustees or trustee for the time
being of the settlement should in exercise of the power of
mortgaging thereby conferred upon them or him from time to
[Price
2s.
9d.] A 1
[CH.
3.] Hesketh Estate
{Flood.
Defences)
[4 & 5
GEO.
5.]
Aet,19U.
A.D,
19U. time appoint and subject thereto To the use of the original
trustees for the term of ninety-nine years from the date of the
settlement if Sir Thomas should so long live without impeach-
ment for waste upon the trusts hereinafter mentioned and
subject to the said term and the trusts thereof To the use
of Sir Thomas for his life with remainder To the use of Thomas
Fermor-Hesketh (hereinafter called "Mr. Hesketh") the eldest
son of Sir Thomas for his life with remainder To the use of
the first and other sons of Mr. Hesketh successively according
to seniority in tail mail with remainder To the use of Frederick
Fermor-Hesketh the second son of Sir Thomas for his life with
remainder To the use of the first and other sons of the said
Frederick Fermor-Hesketh successively according to seniority in
tail male with remainder To the use of the third fourth and
other younger sons of Sir Thomas (if any) successively according
to seniority in tail male with remainder To the use of all or
any one or more of the issue of Sir Thomas for such estates or
estate interests or interest and if more than one in such shares
and with and subject to such charges powers and conditions
limitations and remainders for the benefit of the said issue or
some of them and in such manner as Sir Thomas should by
deed revocable or irrevocable or by will or codicil appoint and
in default of and subject to such appointment To the use of
the first and other sons of Mr. Hesketh successively according
to seniority in tail general with remainder To the use of the
first and other sons of the said Frederick Fermor-Hesketh
successively according to seniority in tail general with remainder
To the use of the third fourth and other younger sons (if any)
of Sir Thomas successively according to seniority in tail general
with remainder To the use of the first and other daughters of
Mr. Hesketh successively according to seniority in tail male with
remainder To the use of the first and other daughters of the said
Frederick Fermor-Hesketh successively according to seniority in
tail male with remainder To the use of the first and other
daughters of Mr. Hesketh successively according to seniority in
tail general with remainder To the use of the first and other
daughters of the said Frederick Fermor-Hesketh successively
according to seniority in tail general with remainder To the use
of the first and other daughters of Sir Thomas successively
according to seniority in tail male with remainder To the use
of the first and other daughters of Sir Thomas successively
according to seniority in tail general with remainder To the
2
[4 & 5
GEO.
5.] Eesketh Estate {Flood Defences)
[OH.
3.]
Act, 1914.
use of Sir Thomas in tail general with remainder To the use A.D. 1914.
of Sir Thomas in fee simple And it was thereby declared that ~~
every estate for life thereby limited should be without impeach-
ment for waste and that during the continuance of the said term
of ninety-nine years the trustees or trustee for the time being of
the settlement should (subject to the provisions of the contem-
poraneous trust deed hereinafter mentioned) enter into and
continue in the possession or receipt of the rents and profits
of the hereditaments thereby settled and should during the
continuance of the said term manage or superintend the manage-
ment of the premises and generally deal with the property as
if such trustees or trustee were the absolute owners or owner
thereof without being responsible for any loss occasioned thereby
And it was thereby declared that the said trustees or trustee
should hold the rents and profits received by them or him under
the trusts thereinbefore declared concerning the said term Upon
such trusts and subject to such powers and provisions as were
declared concerning the same by the contemporaneous trust deed
And it was thereby declared that the original trustees should be
the trustees of the settlement for all the purposes of the Settled
Land Acts 1882 and 1884 and also for the purposes of-section 42
of the Conveyancing Act 1881 and that if and so long as there
should be only one trustee of the settlement such one trustee
might exercise all powers conferred on the trustees of a settle-
ment by the Settled Land Acts 1882 and 1884 and might receive
and give receipts for capital money arising thereunder or under
the settlement And the settlement contained a power (which
has been released) for Sir Thomas to appoint to any wife by any
future marriage if she should survive him for her life or for
any less period any yearly rentcharge or yearly rentcharges not
exceeding in the whole the yearly sum therein mentioned And
the settlement also contained a power (which has not been
exercised) for every person thereby made tenant for life from
time to time by deed revocable or irrevocable or by will to
appoint to any wife of the appointor during the residue of the
life of such wife if surviving the appointor or for any less period
any yearly rentcharge or rentcharges not exceeding in the whole
the yearly sum therein mentioned And the settlement contained
a power (which has not been exercised) for Sir Thomas and every
other person thereby made tenant for life of the premises thereby
settled by deed revocable or irrevocable or by will to charge
all or any of the premises thereby settled with the payment
A2 3

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