John Motteux estate: exchange of estates in West and East Rudham (Norfolk) for others in Darsington, settled under the will of Horatio Earl of Orford Act 1839
| Jurisdiction | UK Non-devolved |
| Citation | 1839 c. 41 |
ANNO SECUNDO & TERTIO
VICTORLE REGIN/E.
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Cap.
41.
Ail Act for exchanging Freehold and Copyhold
Estates belonging to John Motteux Esquire, in
West Rudham and East Rudham in the County of
Norfolk, for Freehold, Copyhold, and Leasehold
Estates in Darsingham in the same County, set-
tled under the Will of Horatio Earl of
Orford,
deceased, [29th July 1839.]
W
HEREAS the Right Honourable Horatio Earl oWrford, Willpf
deceased, made and published his last Will and Testament E^o^Or
in Writing, bearing Date the Fifteenth Day of May One
ford,
dated
thousand seven hundred and ninety-three; and attested as by La\V wa$ 15th May
required for the passing of Real Estate by Devise; and thereby gave 1793-
and devised the several Manors or Lordships therein mentioned, with
the Rights, Members, and Appurtenances
thereof,
in the Coanty of
Norfolk, and the Advowsbns of the several Rectories and Parish
Churches therein mentioned in the same County, and the Site of his
then late Capital Mansion House called Crostwick Hall, with the
Lands and Apputtenances thereunto belonging, and also' all and
every his Freehold arid Copyhold Messuages, Farms, Lands; Tene-
ments, and iiereditamentsi with their Appurtenances', situate, stand-
ing, lying, and1 being in the several Parishes^ Places,
f Private.] 12 #
Townships; or
Terr i-
1094 2° & 3° VICTORIA, CapAl.
Territories therein named, in the said County of Norfolk, which
descended to him as Heir-at-law of his Nephew George then late Earl
of
Orford,
deceased, or whereof or wherein he, or any Person in Trust
for him, had any Estate of Inheritance in Possession, Reversion, or
Remainder, with their and every of their Rights, Royalties, Members,
and Appurtenances, (ail which said Copyhold Premises he had sur-
rendered or intended to surrender to the Use of his Will,) subject to,
and charged and chargeable, together with his Leasehold Premises
held of the Bishop of Norwich and the Master and Fellows of Christ's
College, Cambridge, respectively, and therein-after bequeathed, with
the Payment of the Two several Principal Sums of Thirteen thousand
five hundred Pounds and Four thousand Pounds, and Interest, due
and owing upon Two Mortgages of the said Manors and Heredita-
ments therein-before devised, or of some Part or Parts
thereof,
or so
much thereof as should remain due at his Decease, and to which his
Personal or any other Part of his Real Estate should in no ways con-
tribute or be liable, and also subject to the Annuity therein-after given
to his Servant Philip
Columb,
to the several Uses, upon the Trusts, and
to and for the Ends, Intents, and Purposes, and subject to the Pro-
visoes and Declarations therein-after mentioned, expressed, and de-
clared of and concerning the same ; (that is to say,) to the Use of his
Great Nephew George James late Marquis of Cholmondeley; since de-
ceased; (then Earl of Cholmondeley,) and his Assigns, for his natural
Life,
without Impeachment of Waste, other than and Except voluntary
Waste in pulling down Houses and not rebuilding the same ; with Re-
mainder to the Use of his Grace Charles Duke of Richmond, and the
Right Honourable George Lenox commonly called Lord George
Lenox, and their Heirs, during the Life of the said George James
Marquis of Cholmondeley, in Trust to support the contingent Remain-
ders ; with Remainder to the Use of the Most Honourable George
Horatio now Marquis of Cholmondeley, therein described George
Cholmondeley commonly called Viscount Malpas, then the only Son
and Heir Apparent of his said Great Nephew, and his Assigns, for his
natural Life, without Impeachment of Waste, except as aforesaid ; with
Remainder to the Use of the said Trustees and their Heirs during the
Life of the said George Horatio Marquis of Cholmondeley, in Trust
to support the contingent Remainders ; with Remainder to the Use
of the First and every other Son of the Body of the said George
Horatio Marquis of Cholmondeleysuccessively in Tail Male; with
Remainder to the Use of the Second and every other Son of the Body
of his the said Testator's said Great Nephew George James Marquis
of Cholmondeley successively in Tail Male, with Remainders over ;
and the said Testator thereby gave and bequeathed unto the said
Charles Duke of Richmond and Lord George Lenox the Site of the
Manor of Cardeston in East Ruston in the said County of Norfolk, and
all the Lands and Premises thereunto belonging or appertaining, held
by Lease from the Bishop of Norwich, and also all that the Rectory
and Parsonage of Darsingham in the said County of Norfolk, with
the Glebe Lands, Tithes, and Hereditaments to the same belonging,
as the same were likewise held by Lease from the Bishop of Norwich,
and certain Hereditaments therein mentioned to be held by Lease
from the Master or Keeper of Christ's College in the University of
Cambridge, and the Fellows and Scholars of the same College, to
6 hold
2° & 3° VICTORIA, CapAl. 1095
*iold the same unto the said Charles Duke of Richmond and Lord
Jeorge Lenox, their Executors and Administrators, for all such Term
md Terms, and all other Estate and Interest, as the said Testator
should have therein at the Time of his Death, subject to the Pay.
nent of the Rents and Performance of the Conditions reserved and
contained, on the Lessee's Part, in the several Indentures of Lease by
which the said Premises were respectively held, to be paid, done, and
performed, and also subject to and charged and chargeable, together
with the said Freehold Hereditaments and Premises therein-before
Revised, to the Payment of the said Principal Sums and Interest due
and owing upon the said Two Mortgages of the aforesaid Freehold
Hereditaments and Premises, or of some Part or Parts thereof as
aforesaid, or so much thereof as should remain due at his Decease ;
and the said Testator did thereby declare that the said Bequest of
the said Leasehold Premises was so made to the said Charles Duke of
Richmond and Lord George Lenox, their Executors and Administra-
tors,
upon Trust that they and the Survivor, and the Executors and
Administrators of such Survivor, should permit and suffer the said
Leasehold Premises to be enjoyed, and the Rents, Issues, and Profits
thereof to be had, taken, and received, from Time to Time, by such
Person or Persons who, by virtue of the Limitations therein-before
contained, should be in possession of or entitled to the Rents and
Profits of the Freehold Manors and Premises therein-before by him
devised, it being his Will and Intention that the said Leasehold Pre-
mises should go and be enjoyed with the aforesaid Freehold Manors
and Premises so long and as far as the Rules of Law and Equity
would admit, and for that End and Purpose he did will and desire,
and direct and authorize and empower his said Trustees, and the
Survivor of them, and the Executors or Administrators of such
Survivor, to renew the Leases of the said Premises from Time to
Time at the usual and accustomed Times, and he directed that the
Fines,
Charges, and Expences of such Renewal and Renewals should
be borne and paid by and out of the Rents and Profits of the afore-
said Freehold and Leasehold Premises, but it was his Will that no
Person taking an Estate Tail by Purchase in the aforesaid devised
Freehold Premises should be entitled to a vested or transmissible
Interest in his said Leasehold Premises, unless he should attain the
Age of Twenty-one Years, or die under that Age leaving Issue Male;
and the said Testator gave and bequeathed to the said Philip Colomb
an Annuity of Twenty-five Pounds during his Life, charged upon his
said Freehold and Leasehold Hereditaments therein-before devised j
and the said Testator thereby empowered the respective Persons to
whom any Estate for Life was thereby limited and appointed as
aforesaid of and in the aforesaid Manors and Premises, when and as
they respectively should be in the Possession of the Premises thereby
limited to or in Trust for them respectively for Life as aforesaid, or
any Part
thereof,
by Indenture or Indentures under their respective
Hands and Seals, to demise, lease, and grant the same Premises
whereof they respectively should be in Possession unto any Person or
Persons for any Term or Number of Years not exceeding Twenty-
one Years, to take effect in Possession and not in Reversion, so as
there were reserved upon every such Lease the best and most im-
proved yearly Rent and Rents, to continue payable half-yearly or
Quarterly
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