Polehampton Estates Act 1885
| Jurisdiction | UK Non-devolved |
| Citation | 1885 c. 40 |
Polehampton Estates Act 1885
(48 & 49 Vict.) CHAPTER 40.
An Act to provide for the application to charitable purposes of such portion of the property subject to the Will of Edward Polehampton as is now vested in the Crown, for the management and application of the said property.
[31st July 1885]
Whereas Edward Polehampton of the parish of Saint Sepulchre London citizen and paper stainer by his Will dated the twenty-seventh day of July one thousand seven hundred and twenty-one after directing the payment out of his personal estate of all his just debts and funeral charges and after reciting that he was then erecting at Twyford in the parish of Hurst in the county of Berks a certain building to consist of a chapel schoolhouse and dwelling-house according to a model or plan then in his custody which he proposed when finished to endow constituted the Vicar of Saint Sepulchre London for the time being the Minister of the said parish of Hurst for the time being the Minister of Saint Mary's in Reading in the county of Berks aforesaid for the time being and Mr. William Skelton of Doctors' Commons London trustees of that his Will for the uses and purposes therein-after mentioned it being his will and meaning that the Vicar of Saint Sepulchre the Minister of Hurst and the Minister of Saint Mary's in Reading should be trustees for ever for the managing of the said charity and the said Mr. William Skelton trustee only for the term of his natural life after which the trust as to the said Mr. William Skelton should cease And the testator thereby gave and bequeathed unto his niece Feillett (in the said Will called Feelot) and the heirs of her body for ever all his freehold and copyhold estates whatsoever and wheresoever in trust for the uses and purposes of that his Will And first the testator ordered and directed that ten poor boys be duly chosen out of Twyford by the Minister of Hurst for the time being at the age of eight years who should be taught to read and write till the age of fifteen years if they thought fit so long to continue and no longer after which age the said minister should choose others in their room and he bequeathed the sum of ten pounds per annum for ever for clothing of the said poor boys to be issuing and going out of his said freehold and copyhold estates And the said testator ordered and directed that some able and sufficient orthodox minister of the Church of England should be chosen by his trustees alternatively the first choice to be made by the Vicar of Saint Sepulchre's and after the death or removal of such minister then by the rest for ever in order as were therein above named which said minister should take care duly to supply the said chapel with the reading of divine service on Sundays both morning and afternoon likewise with a sermon on every Sunday both morning and afternoon and should teach the said poor boys in manner as above-mentioned for which he bequeathed to such minister so from time to time to be chosen as aforesaid the sum of forty pounds per annum to be issuing out of his said freehold and copyhold estates with the payment whereof he charged the same and also the use of the said dwelling-house to inhabit in allowing him liberty of taking boarders and other scholars But in case such minister should refuse and would not undertake to teach the said poor boys then he directed that some fit person should be chosen by his trustees as a schoolmaster in manner as the said minister was chosen to teach the said boys And the said testator gave and ordered that ten pounds per annum should be deducted out of the said forty pounds and paid to such schoolmaster who should in such case have also the use of the said dwelling-house and the liberty of taking in boarders and other boys And the said testator willed that the said annual sums should be paid out of the rents issues and profits of his said freehold and copyhold estates for ever after which and the payment of all such reasonable charges and expenses as his said trustees should be put unto by reason of repairs or otherwise he gave and bequeathed the surplus of the rents issues and profits of his said freehold and copyhold estates to his niece Feillett and her children and the survivors of them and their heirs for ever equally to be divided between them share and share alike and after the decease of any of them the testator directed that the share of such so dying should go and be paid to the heirs of the body and bodies of such survivor or survivors and to their heirs for ever And he willed that his said trustees yearly and every year should give unto his niece Feillett and her children and their heirs a true and exact account of their necessary charges and expenses by reason of repairs or otherwise which he directed should be paid by his said niece and her heirs for ever out of his said freehold and copyhold estates and for further security of his said intended charity at Twyford and for fear of deficiencies on his freehold and copyhold estates by loss by fire and other accidents he ordered that his executors therein named should for the space of three years after his decease receive the rents and profits of his leasehold estates and should also sell and dispose of certain furniture and effects therein mentioned and the money arising by such sale and the receipts of the rents of his leasehold estates for the said three years after payment of his debts and funeral charges and the legacies therein-after mentioned he directed should be vested in the purchase of lana in the names of his executors and until such purchase could be made he directed that his said executors should place out the money at interest on good security In trust nevertheless that by the produce of the said leasehold estates for the said term and of the said sale to pay or retain the annual sums therein mentioned and also all such sum and sums of money as they or either of them should expend and all charges as they or either of them should be put unto by reason of the said execution after which he ordered that his said executors should apply the same (taxes and necessary repairs being first deducted) to supply such deficiencies (if any) as should thereafter happen and he thereby charged the said freehold estate so to be purchased and the income thereof to supply such deficiencies And after the expiration of the said term of three years then he willed that the rents issues and profits of his said leasehold estate should be paid to his said niece Elizabeth Feillett and her children and their executors and administrators equally share and share alike charged nevertheless in case of any deficiency of money happening for the payment of the annual sums therein-before mentioned and all charges for the space of two years and likewise with the payment of the further annual sums therein mentioned until the expiration of the said leasehold estates And until deficiencies should appear on his said freehold and copyhold estates he directed that the rents issues and profits of the freehold so to be purchased out of the profits of his leasehold and moneys arising from the sale of his said furniture and effects after the payments aforesaid thereout particularly directed should be paid by his executors to his said niece Elizabeth Feillett and her children and the survivors and the heirs of their bodies equally share and share alike And in case the said testator should happen to die before the said building should be completed at Twyford then he willed that his executors should receive and take into their custody and possession all the rents issues and profits not only of his leasehold but also of his freehold and copyhold estates until such building should be completed and should apply the said rents issues and profits after the payment of the aforesaid legacies taxes and expenses forthwith towards the finishing of it according to the said plan and in such case his executors should after such building had been completed receive the rents issues and profits of his leasehold for the space of three years for the uses therein-before mentioned after the expiration of which term they should descend to his niece Elizabeth Feillett and her children charged as aforesaid in manner therein-before expressed All the rest residue and remainder of his estate of what kind soever not therein-before bequeathed the said testator gave devised and bequeathed unto his said niece Elizabeth Feillett and her children to be equally divided betwixt them share and share alike And the said testator appointed John Ford of London citizen and bricklayer Roger Askew of the same citizen and paper stainer and William Skelton of Doctors' Commons his executors:
And whereas the said testator died in July one thousand seven hundred and twenty-two without having revoked or altered his said Will and the same was proved in London on the twenty-fifth of September one thousand seven hundred and twenty-two by the said John Ford and Roger Askew power being reserved to the said William Skelton to come in and prove the same:
And whereas on the nineteenth of June one thousand seven hundred and twenty-eight a Bill was filed in the High Court of Chancery by Francis Hemet and Polehampton his wife Richard Best and Elizabeth his wife Ren Feillett the younger Edward Askew Feillett Frances Feillett and Mary Feillett infants by their father Ren Feillett the elder guardian (the said Ren Feillett the elder being the administrator of Elizabeth his wife deceased and administrator to Jane Feillett his daughter by the said Elizabeth likewise deceased) which said Polehampton Hemet Elizabeth Best Ren Feillett the younger Edward Askew Feillett Francis Feillett and Mary Feillett were six of the surviving children of the said Elizabeth late the wife of the said Ren Feillett the elder deceased which said Elizabeth was the niece and residuary legatee of the said Edward Polehampton named in his said Will against the said John Ford Robert...
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