Savile Estate (Leasing) Act 1861
| Jurisdiction | UK Non-devolved |
| Citation | 1861 c. 2 |
| Year | 1861 |
ANNO VICESIMO QUARTO & VICESIMO QUINTO
VICTORIA REGIN^E.
**********************^^
Cap.
2.
An Act to extend the Powers of Leasing contained
in the Will of the Right Honourable John Savile
Lumley Savile Earl of Scarbrough, deceased, with
respect to certain Estates in the County of York,
thereby devised, and therein called the Savile
York Estates; and for other Purposes; and of
which the Short Title is " Savile Estate (Leasing)
Act,
1861."
[1st August 1861.]
"HEREAS the Right Honourable John Savile Lumley
Savile Earl of Scarbrough (deceased), herein-after called
" the Testator," by his last Will and Testament in Writing-
bearing Date the Twenty-second Day of June One thousand eight
hundred and thirty-seven, after reciting that he was seised of or well
entitled to certain Freehold, Copyhold or Customary, and Leasehold
Estates and Hereditaments in the Counties of York and Durham, late
the Estate of Sir George Savile Baronet, deceased, and comprised in
and devised and bequeathed by or which became limited or subject
to the Uses or Trusts of his (the said Sir George Savile's) last Will and
Testament, or which had been acquired by Exchange for or allotted
\Private.~] g in
Will of the
Rt. Hon.
John Savile
Lumley Sa-
vile Earl of
Scarbrough,
dated
June 22,
1837.
.24° & 25° VICTORIA Cap.2.
Savik Estate (Leasing) Act, 1861.
in respect
thereof,
or some Part
thereof,
subject, by virtue of some
Settlement or Settlements executed by his (the Testator's) late
Father and
himself,
to a Limitation to his first and other Sons suc-
cessively in Tail Male, and also subject to divers Charges and Incum-
brances affecting the said Estates and Hereditaments, and that he
was also seised of and well entitled to certain Freehold and Lease-
hold Estates and Hereditaments in the County of Notts, also late the
Estate of and devised by or which became limited or subject to the
Uses or Trusts of the said Will of the said Sir George Savile, or which
had been acquired as aforesaid, subject to divers Charges and Incum-
brances affecting the same, and which said several Estates and Here-
ditaments in the said Counties of York, Durham, and Notts were
therein-after in his said Will respectively called and distinguished by
the Name of "The Savile York and Durham Estates," and "The
Savile Nottingham Estates," and also reciting that he was seised of
certain Freehold Estates in the said County of York, which descended
to him on the Death of his late Father, and which he thereby declared
were intended to pass by his said Will as Part and under the Deno-
mination of " The Savile York and Durham Estates" and reciting that
he had purchased some Estates in the said County of Nottingham,
which he thereby declared were intended to pass by his said Will as
Part and under the Denomination of " The Savile Nottingham Estates,"
and reciting that he was also seised of or well entitled to certain Free-
hold and Leasehold Estates and Hereditaments in the Counties of
York, Lincoln, and Durham, to which Richard the late Earl ofScar-
brough, deceased, was entitled for his Life, and to which his (the
Testator's) Father, deceased, was afterwards entitled for his Life, and
of which Freehold Estates Recoveries were lately suffered by his late
Father and
himself,
subject to divers Charges and Incumbrances affect-
ing the same, and which said last-mentioned Estates and Heredita-
ments were therein-after in his said Will called and distinguished by
the Name of the " Scarbrough Estates," the Testator gave, devised,
and bequeathed all and singular the Freehold and Copyhold or Cus-
tomary Manors, Advowsons, Messuages, Tenements, Farms, Lands,
Rents,
Tithes, and other Hereditaments in the Counties" of York,
Durham, and Nottingham, late the Estate of and devised by or
which became limited or subject to the Uses or Trusts of the said
Will of the said Sir George Savile, or which had been- acquired as
aforesaid, and called "The Savile York, Durham, and Nottingham
Estates," as aforesaid, subject, as to the said Hereditaments in the
said Counties of York and Durham, to the Limitation to his first and
other Sons successively in Tail Male as aforesaid, and also all the
Estates in the same Counties respectively which descended to him on
the Death of his said Father, and which had been purchased by him
as aforesaid, and which were to be considered as Part of and to go
along with the said Savile Estates respectively, and also all the
Leasehold
24° & 25° VICTORLE, Cap.2.
Savile Estate (Leasing) Act, 1861.
Leasehold Estates in the Counties of York, Durham, and Notting-
ham,
late the Estate of and bequeathed by or which became subject
to the Trusts of the said Will of the said Sir George Savile, or had
been acquired as aforesaid, and Parcel of the said Estates called " The
Savile Estates," unto and to the Use of George William Chad of
Bagthorpe in the County of Norfolk, Esquire (since deceased), and
Michael Bruce of Upper Brook Street in the County of Middlesex,
Esquire, their Heirs, Executors, Administrators, and Assigns respec-
tively, according to the Nature and Quality thereof respectively, upon
the Trusts, and to and for the Intents and Purposes, and under and
subject to the Powers, Provisoes, and Declarations therein declared or
expressed concerning the same respectively, and in part herein-after
mentioned ; (that is to say,) upon trust that they the said George
William Chad and Michael Bruce, and the Survivor of them, and
the Heirs, Executors, Administrators, or Assigns of such Survivor,
should, by and out of the Rents, Issues, and Profits
thereof,
or by
cutting down or Sale of Timber or other Trees, Wood, or Underwood
fit for felling, and at the proper Seasons for felling, keep all the said
Premises in good Repair, and pay and satisfy all Outgoings in respect
thereof (save and except such Repairs and Outgoings as were to be
done and paid by the Tenants or Lessees
thereof,
or of any Part or
Parts
thereof,
pursuant to any Leases or Agreements under which
the same were or should be holden), and also all Expenses, Wages,
and Salaries of any Receiver or Receivers, Agent or Agents, Steward
or Stewards, Labourers, or other Persons who should be employed by
the said Trustees or Trustee in the Management and Care of the
said Estates, and in collecting and receiving the Rents, Issues, and
Profits
thereof,
which Receivers, Stewards or Agents, Labourers or
other Persons, his said Trustees respectively were thereby authorized
from Time to Time to appoint and employ, and again to displace at
Discretion, and also from Time to Time renew such Leases of the
Leasehold Estates therein-before bequeathed as were or should
be renewable at the usual and accustomed Times of Renewal,
until some Person or Persons should become absolutely entitled to
the said Freehold Premises respectively, such renewed Leases to
be holden upon the Trusts thereby declared of the then subsisting
Leases respectively, and pay all Fines, Fees, Costs, Charges, and
Expenses attending such Renewals ; and, subject as aforesaid, should
by and out of the Rents, Issues, and Profits of the said Heredita-
ments and Premises in the said Counties of York and Durham,
or by cutting down and Sale of such Timber or other Trees, Wood
or Underwood on the same Hereditaments as aforesaid, levy and;
raise and pay unto the several Persons therein named, during their
respective Lives, the several Annuities or yearly Sums therein men-
tioned ; and the Testator declared his Will to be, that, subject to the
several Annuities, Costs, Charges, and Expenses therein-before directed
to
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