Sir Thomas Hunloke estate: vesting devised estates in trustees for sale for discharging incumbrances and for creating a fund to answer the charges under his will Act 1821

Publication Date:January 01, 1821
Sir Thomas Hunloke estate: vesting devised estates in trustees for sale for discharging incumbrances and for creating a fund to answer the charges under his will Act 1821

(1 & 2 Geo. 4) c. 28

An Act for vesting the devised Estates of Sir Thomas Windsor Hunloke Baronet, deceased, in Trustees, and for enabling them to sell the Whole, or Part thereof, for the Purpose of discharging Incumbrances, and creating a Fund to answer the Charges under his Will, and for other Purposes.

[8th June 1821]

ANNO PRIMO & SECUNDO GEORGII IV. REGIS. ? if************************************************* Cap. 28. An Act for yesting the devised Estates of Sir Thomas Windsor Hunloke Baronet, deceased, in Trustees, and for enabling them to sell the Whole, or Part thereof, for the Purpose of discharging Incumbrances, and creating a Fund to answer the Charges under his Will, and for other Purposes. [8th June 1821.] W HEREAS Sir Thomas Windsor Hunloke, late of Winger- Will of Sir worth in the County of Derby, Baronet, did in such ?\W,I?Uj Manner as by Law is required for the Validity of Devises re of Freehold Estates, sign and publish his last "Will and Testament in Writing, in the Words and Figures following, videlicet, Short Heads of the Will of Sir Thomas Windsor Hunloke, usually residing at Winger- worth in the County of Derby, Baronet; but now at Paris, No. 87, Rue de Grenelle Fausbourgh Saint Germain, Parish of Saint Thomas D'Aquin: ' All my Estates and Effects, R.eal and Personal, I do give to my Son Henry Thomas John Joseph Hunloke, his Heirs and Assigns, so soon as he shall have attained the Age of Twenty-one Years, subject to the Annuities and Payments herein-after named; Remainder to my Brother James Hunloke, and to his Son or Sons lawfully begotten; Remainder to my Two Daughters, Charlotte and Eliza Hunloke, as Co-heiresses, and to their Heirs and Assigns; Remainder to any nJjiViaate.] g y Daughters 1&2GE0RGII IV. Cap.28. Daughters my Brother James may have, and to their Heirs and Assigns as Co-heiresses; Remainder to my Heir at Law; Twelve hundred Pounds to be paid yearly to Lady Hunloke, during her Life, and the Dowager Lady Hunloke's Life; and in case the Dowager should first die, then Lady Hunloke to have Fifteen hundred Pounds per Year, for the Remainder of her Life ; Five hundred Pounds per Year to be paid to Lady Hunloke, to be applied to the Maintenance and Education of my Son Henry, until he shall have attained the Age of Twenty-one Years, and Two hundred Pounds per Year additional for the last Two Years of his Minority; Four hundred and fifty Pounds per Year to be paid to Lady Hunloke, for the Maintenance and Education of each of my Two Daughters before-named, until they have attained the Age of Twenty-one Years respectively, and then to be paid Two hundred Pounds |^r Year each additional, till Death or Marriage ; and in case of Marriage, then the Annuity to cease, and to receive Three thousand Pounds to their Fortune, in addition to the Three thousand Pounds already provided for them by Lady Hunloke's Marriage Settlement; Four hundred Pounds per Year, to be paid to my Brother James Hunloke during his Life, over and above any Sum or Sums that may have been secured to him on my Estates by any former Will or Wills; Three Imndred and fifty Pounds per Year to be paid to each of my Two Sisters, Margaret and Charlotte Hunloke, during their respective Lives over and above any Sum or Sums that may have been secured to them on my Estates; and in case my Son Henry should die before he has attained Twenty-one Years of age, and my Estate should come to my Brother James, I do then direct that my Two Daughters have Twenty thousand Pounds each to their Fortunes on Marriage as aforesaid ; and if either of them should die before she is entitled to her Fortune, then the Survivor to have Ten thousand Pounds additional on Marriage. I do further direct, that if I should happen to die abroad, that I be buried there, and that a plain Bolehill Stone, with a suitable Inscription, be placed in the Wall of the Family Vault at Wingerworth, opposite to the Door; Lady Hunloke to be the Guardian of my Children, and Vincent Eyre Esquire of Highfield near Chesterfield, in the County of Derby, and John Beaumont of Barro'w-upon-Trent, in the County of Leicester, Esquire, to be my Trustees for the putting of this my last Will into Execution.Signed at Paris, this Sixteenth Day of January, in the Year of our Lord One thousand eight hundred and sixteen :' And whereas the said Sir Thomas Windsor Hunloke departed this Life some Time in the* said Month of January One thousand eight hundred and sixteen, leaving Sir Henry John Joseph Hunloke his only Son and Heir at Law, and the said Cfiarlotte Hunloke and Eliza Margaret Hunloke his only Daughters; and on or about the Sixteenth Day of July One thousand eight hundred and seventeen, the said Vircent Eyre and John Beaumontproved the said Will in the Prerogative Court of the Archbishop of Canterbury : And whereas at the Time of the Decease of the said Sir Thomas Windsor Hunloke, he was absolutely entitled in Fee Simple in Possession to the Manor, Rectory, and Advowson of West Hallam in the said County of Derby, the Manor of Walton in the Parish of Chesterfield, in the same County, a One-and-twentieth Part of the Manor of Ashover, and certain Estates in the Parish of Ashover, in the same 10 County, 1&2GE0RGII IV. C .28. County, and certain Messuages, Farms, Lands, Tenements, Colliery, Mines, Rents, and other Hereditaments in WestHallam aforesaid, and in Walton, Brampton, and Spital within Hasland in the Parish of Chester-fieldaforesaid, which Estates (except some Parts thereof) were charged with the following Sums, which were secured thereon by way of Mortgage; videlicet, A Mortgage to George Cooke Yarborough and Richard Clay, Esquires, bearing Date the Twenty-ninth Day of September One thousand eight hundred and thirteen, for securing the Sum of Ten thousand Pounds, and Interest for the same, and now vested in James Pattison Esquire as Executor of the said Richard Clay, who departed this Life on the Second Day of May One thousand eight hundred and nineteen, having survived the said George Cooke Yarborough; a Mortgage to Thomas Pares Esquire, the Reverend Whitehall Whitehall Davies, and John Knight Esquire, bearing Date the same Twenty-ninth Day of September One thousand eight hundred and thirteen, for securing the Sum of Ten thousand Pounds, and Interest for the same, and since assigned by Indentures of the Seventeenth and Eighteenth Days of April One thousand eight hundred and twenty to John Whitehall Dod Esquire; a Mortgage to William Wrightson Esquire, bearing Date the same Twenty-ninth Day of September One thousand eight hundred and thirteen, for securing the Sum of Ten thousand Pounds, and Interest for the same; a Mortgage to Richard Jrkteright Esquire, bearing Date the Twenty-ninth and Thirtieth Days of November One thousand eight hundred and thirteen, for securing the Retransfer of the Sum of Twenty-four thousand Pounds, Navy Five per Cent. Annuities, and the Payment of the Dividends thereon : And whereas the Personal Estate of which the said Sir Thomas Windsor Hunloke died possessed, was insufficient to satisfy the Bond and Simple Contract Debts due from him at the Time of his Death: And whereas the Manors and other Hereditaments to which the said Sir Thomas Windsor Hunloke was absolutely entitled at the Time of his Decease, subject to the Incumbrances herein-before mentioned, are let for the best Rents and produce the best Income that can reasonably be obtained for the same, and the said Estates do not yield a greater Annual Income (after deducting the usual Outgoings) than Three thousand and thirty-eight Pounds, and the Interest of the said Mortgage Incumbrances amounts to Two thousand seven hundred Pounds : And whereas the said Annual Income being little more than sufficient to satisfy the said Interest, and there being no Surplus of Personal Estate after paying Testamentary Expences, Bond, and Simple Contract Debts, there remains a Fund insufficient to pay the Annuities and other Annnal Payments charged by the said Will of the said Sir Thomas Windsor Hunloke, so that noi only the Persons entitled to the said Annuities and Annual Payments are deprived of the Benefit intended for them by the said Will, but the said devised Estates are yearly becoming subject to an increased Charge, occasioned by the Arrears of the said Annuities and Annual Payments j which Charge together with the Sums secured by way of Mortgage, and the gross Sums charged by the said Will, may amount to a greater Sum than the Value of the Fee Simple of the said Estates, whereby not only the Persons entitled to the said Charges under the...

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