Sarah West estate: empowering trustees to sell, for the discharge of a mortgage, and for the purchase, from the residue, of other estates to be settled in lieu Act 1820

Publication Date:January 01, 1820
Sarah West estate: empowering trustees to sell, for the discharge of a mortgage, and for the purchase, from the residue, of other estates to be settled in lieu Act 1820

(1 Geo. 4) c. 46

An Act for empowering the Trustees of certain Estates devised by the Will of Sarah West Widow, deceased, to sell the same for the Purpose of discharging a Mortgage thereon, and for laying out the Residue of the Money arising therefrom, under the Direction of the High Court of Chancery, in the Purchase of other Estates, to be settled to the same Uses.

[24th July 1820]

ANNO PRIMO GEORGII IV. REGIS. a*************************************************** Cap. 46. An Act for empowering the Trustees of certain Estates devised by the Will of Sarah West Widow, deceased, to sell the same for the Purpose of discharging a Mortgage thereon, and for laying out the Residue of the Money arising therefrom, under the Direction of the High Court of Chancery, in the Purchase of other Estates, to be settled to the same Uses. [24th July 1820.] W HEREAS Sarah West, late of AUcot in the County of will of Mrs. Gloucester, Widow, duly made and published her last Will Sarah West, and Testament in Writing, bearing Date the Third Day 3dJunel795. of June in the Year of our Lord One thousand seven hundred and ninety-five, and thereby gave and devised all her Messuages, Lands, Tenements, and Hereditaments situate and being in the several Parishes of Saint John Southwark, Saint Mary Magdalen Ber- mondsey, and Saint Mary liotherhithe, or elsewhere, in the County of Surrey, and at Ramsden Bellhouse, or elsewhere, in the County of Esses; but nevertheless as to such and so many of her Messuages, Lands, Tenements, and Hereditaments in the Parish of Saint Mary . XJPrhvate.'] i\u Magdalen a-a l'GEORGII IV. Gp.46. Magdalen Bermondsey, aforesaid, or such Part or Parts thereof as are comprized in the Settlement which she had then already made in favour and for the Benefit of her Daughter Henrietta West, subject and without Prejudice to the same Settlement, and the Trusts and Purposes thereof, unto and to the Use of William Sheldon of Gray's Inn, in the County of Middlesex, Esquire, and John Hosier of Great George Street, Westminster, Esquire, and their Heirs, upon the Trusts, and to and for the Intents and Purposes, and with or under and subject to the Power or Proviso therein-after declared, of or concerning the same; that is to say, upon Trust that they the said William Sheldon and John Hosier, or the Survivor of them, or the Heirs of such Survivor, should as soon as conveniently might be after her Decease, by Mortgage of her said Messuages, Lands, Tenements, and Hereditaments in the Counties of Surrey and Essex, or any of them, or any Part or Parts thereof respectively, or by Sale of a competent Number or Part of her same Messuages, Lands, Tenements, and Hereditaments respectively (such Sale to be made witk the Privity, Consent, and Approbation of her Daughters, the Right Honourable Sarah Lady Archer and Henrietta West, or the Survivor of them, if they or either of them should be then living, to be signified by some Writing or Writings under their respective Hands and Seals, attested by Two or more credible Witnesses), or by, with, and out of the Rents and Profits thereof, or by all or any of the Ways and Means aforesaid, raise and levy so much and such Sum or Sums of Money as should be necessary and sufficient to pay, satisfy, and discharge all the Mortgage Debts, Charges, and Incumbrances which should be then secured, due, owing, or charged upon her said Messuages, Lands, Tenements, and Hereditaments, in the Counties of Surrey and Essex, or any of them, or any Part or Parts thereof respectively, or to which the same respectively should be in any Manner subject, and should apply the Money so to be raised for the answering of that Purpose accordingly; and the said Testatrix willed and directed that the Purchaser or Purchasers, Mortgagee or Mortgagees of the said Premises should not be bound to see to the due Application of the said Purchase or Mortgage Monies, or be any ways answerable for or liable to the Mis-application or Non-application thereof, and subject to the Trusts therein-before declared; upon Trust that they the said William Sheldon and John Hosier, or the Survivor of them, or the Heirs of such Survivor, should, by, with, and out of the Rents and Profits of her said Messuages, Lands, Tenements, and Hereditaments in the Counties of Surrey and Essex, raise and levy the yearly Sum of One hundred and fifty Pounds, free from Taxes, and clear of all other Deductions whatsoever, and pay the same to her said Daughter Henrietta West for and during her Life; and also upon Trust that they the said William Sheldon and John Hosier, or the Survivor of them, or the Heirs of such Survivor, should, by, with, and out of the Rents and Profits of her said Messuages, Lands, Tenements, and Hereditaments, in the Counties of Surrey and Essex, raise and levy the yearly Sum of One hundred Pounds, free from Taxes, and clear of all other Deductions what* soever, and pay the same to her Grandson Thomas Philip West, for and during the joint Lives of himself and of her said Daughters-Sarah Lady Archer and Henrietta West, or the Survive* of them, 10 and PGEORGII I?. CkpAt SfeS Mid subject to the several Trusts therein-before declared, heir Said Messuages, Lands, Tenements, and Hereditaments in the Counties of Surrey and Essex, should be in Trust for her said Daughters Sarah Lady Archer and Henrietta West, and the Survivor of them, for and during their Lives and the Life of such Survivor, without Impeachment of Waste; and from and after the Decease of the Survivor of them her same Daughters, the same should be in Trust for her Grandson James West for and during his Life, without Impeachment of Waste; and from and after his Decease, in Trust for the First Son of her said Grandson James West, and the Heirs Male of the Body of such First Son; and in Default of such Issue, in Trust for the Second, Third, Fourth, and every other Son of her same Grandson, severally, successively, and in Remainder, one after another, in order and course as they respectively should be in Priority of Birth, and the Heirs Male of the several and respective Bodies of such Second, Third, Fourth, and every other Son; every elder of such Sons, and the Heirs Male of his Body, being always to be preferred, and to take before every younger of them, and the Heirs Male of his Body ; and in Default of such Issue, in Trust for her said Grandson Thomas Philip West and his Heirs for ever: And whereas the said Sarah West departed this Life on the Twenty-first Day of April in the Year One thousand seven hundred and ninety-nine, without having revoked or altered her said Will: And whereas the said Thomas Philip West, the Grandson of the said Testatrix, died in the Life-time of the said Testatrix, an Infant, and without having ever been married: And whereas the said Sarah Lady Archer and Henrietta West, the Daughters of the said Sarah West, and Devisees named in her said Will, Have both some Time since departed this Life: And whereas the said William Sheldon and John Hosier shortly after the Decease of the said Testatrix Sarah West, pursuant to the Trusts and Directions in her said Will contained, sold and disposed of divers Parts of the Lands and Hereditaments of the said Testatrix, and by and with the Monies thereby arising paid off and discharged several of the Charges and Incumbrances affecting the said Estates: And whereas the said James West obtained His Majesty's Licence, under His Royal Sign Manual, to assume and use the Surname of Roberts in Addition to and before his Surname of West: And whereas the said James Roberts West, the Devisee named in the Will of the said Sarah West, is the Brother and Heir at Law of the said Thomas Philip West : And whereas the said James Roberts West intermarried with Arm Roberts, on or about the Thirty-first Day of March One thousand eight hundred and eight, and hath Issue by her Two Sons, namely James Roberts West and Philip Joseph West, both Infants under the Age of Twenty-one Years, and no other Male Issue : And whereas the said John Hosier died on or about the Fourth Day of March One thousand eight hundred and twenty: And whereas by Indentures of indentures of Lease and Release, bearing Date respectively the Thirtieth Day of Lease, &c. April and First Day of May One thousand eight hundred and twenty, SOthApriland the Release being made between the said William Sheldon of the 1st May 1820. First Part, the said James Roberts West of the Second Part, and the Honourable Douglas Kinnaird of the Third Part, it is witnessed, that by virtue of the Power contained in the said herein-before re-cited WHi of the said Sarah West, he the said William Sheldon did nominate 924 i'GEORGII IV. *pM. nominate and appoint the said Douglas Kinnaird to be a Trustee in the Stead of the said John Hosier deceased, for the Purposes declared in the said Will; and it is also witnessed, that for giving Effect to the said Nomination of the said Douglas Kinnaird, he the said William Sheldon, with the Approbation and Concurrence of the said James Roberts West, did bargain, sell, alien, and release unto the said Douglas Kinnaird and his Heirs, all the said Freehold Messuages, Lands, Tenements, and Hereditaments which were devised by the said Will of the said Sarah West, and then remaining undisposed of, upon the Trusts and in Manner in the said recited Will mentioned, to hold the same unto the said Douglas Kinnaird, his Heirs and Assigns, to the only Use and Behoof of the said William Sheldon and Douglas Kinnaird, their Heirs and Assigns for ever, but Indentures upon the Trusts contained in the said recited Will: And whereas by of 2d and 3d other Indentures of Lease and Release, bearing Date respectively the May 1820. Second and Third Days of the same Month of May One thousand eight hundred and twenty (indorsed upon...

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