Savile Estate (Leasing) Act 1861

Cited as:1861 c. 2
Jurisdiction:UK Non-devolved
Savile Estate (Leasing) Act 1861

(24 & 25 Vict.) c. 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]

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.~ file:///Private.~ ] g in Will of the Rt. Hon. John Savile Lumley Savile 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 successively in Tail Male, and also subject to divers Charges and Incumbrances affecting the said Estates and Hereditaments, and that he was also seised of and well entitled to certain Freehold and Leasehold 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 Incumbrances affecting the same, and which said several Estates and Hereditaments 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 Denomination 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 Freehold 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 affecting the same, and which said last-mentioned Estates and Hereditaments 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 Customary 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 Nottingham, 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 respectively, 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 Hereditaments 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 mentioned ; and the Testator declared his Will to be, that, subject to the several Annuities, Costs, Charges, and Expenses therein-before directed to 24 & 25 VICTORIA, CapM. Savile Estate (Leasing) Act, 1861. to be paid out of the Rents, Issues, and Profits of the said Estates in the Counties of York and Durham therein-before devised, and the Money to arise by Sale of Timber or other Trees, Wood, or Underwood thereon, his said Trustees, and the Survivor of them, and the Heirs, Executors, Administrators, and Assigns of such Survivor should pay and apply the Residue of the Rents, Issues, and Profits of the same Estates, and of the Moneys to arise by Sale of Timber and other Trees, Wood, and Underwood thereon, in or towards Satisfaction of the several Charges, Incumbrances, and Sums of Money, and Parts or Shares thereof, mentioned and specified in theJ Second Schedule to his Will, and the Interest thereof respectively, in exoneration as well of his Personal Estate as of all other his Real Estates from the Payment thereof, and from and after full Payment thereof then in and towards the Discharge of a Sum of Twenty thousand Pounds therein mentioned to be charged by way of Portions as well on the aforesaid Estates as on the Estates in the County of Nottingham, and mentioned in the Third Schedule to his said Will, and the Interest thereof, and to the Payment of which he had therein-after made the said Nottingham Estate in the first instance liable, and upon trust that they his said Trustees, and the Survivor of them, and the Heirs, Executors Administrators, and Assigns of such Survivor, should, by and out of the Rents, Issues, and Profits of the said Estates in the County of Nottingham, or by felling and selling Timber and other Trees, Wood, and Underwood thereon as aforesaid, pay and keep down Two several Jointure Rentcharges mentioned and specified in the Third Schedule to his said Will, and the Interest of the Sum of Twenty thousand Pounds raiseable for Portions, mentioned also in the same Schedule, in exoneration of his Personal Estate and of all other his Real Estates from the Payment thereof; and the Testator thereby authorized...

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