The Boulton Estate Act 1874
| Jurisdiction | UK Non-devolved |
| Citation | 1874 c. 5 |
| Year | 1874 |
[37
&
38 VICT.] The Boulton Estate Act, 1874. [CH. 5.]
CHAPTER 5.
An Act for confirming certain building leases granted by
A.D.
1874.
Matthew Piers Watt Boulton, Esquire, of certain lands in
the parishes of Handsworth and Birmingham, in the county
of Warwick, or one of them, which are subject to the uses
of the will of the late Matthew Robinson Boulton, Esquire,
and for authorising building and mining, and other leases
of the estates, subject to the uses of the same will; and for
other purposes, and of which the short title is " The Boulton
Estate Act, 1874" [16th July 1874.]
W
HEREAS Matthew Robinson Boulton, late of Soho in the Will of
county of Stafford, and of Tew Park in the county of Oxford, £in2n
Esquire, deceased, made his will bearing date the fourth day of Boulton,
June one thousand eight hundred and forty-one, and thereby
"iated
^^
appointed Thomas Perrott, Esquire, Thomas Jones "Wilkinson,
Esquire, and John Coles Symes, gentleman, executors of his said
will, and trustees thereof as therein-after mentioned, and thereby
gave
and devised, and in pursuance and execution of every power
and authority whatsoever in anywise enabling him in that
behalf,
limited, directed, and appointed, all that his manor or lordship of
Great Tew, with the rights, members, and appurtenances, and also
all that the rectory or parsonage of Great Tew, with the appurte-
nances,
and
all
houses,
edifices, buildings, glebe lands, tithes, portions,
pensions, oblations, obventions, profits, fruits, and emoluments
whatsoever to the same belonging, and also all and all manner of
tithes and tenths whatsoever, and commutation for tithes and tenths
coming, growing, arising, or renewing within the parish, fields, or
places of Great Tew and Sandf ord, or one of them, and also the
advowson, right of presentation, and patronage of the vicarage of
the church of Great Tew, and also the park of Great Tew, and all
messuages, farms, lands, woods, wood grounds, plantations, pools,
brooks, waters, tithes, rents, and hereditaments whatsoever situate
or arising in the several parishes, townships, or places of Great
[Private.-5.] A 1
[OH. 5.] The Boulton Estate Act, 187*. [37 & 38 VICT.]
A.D.
1874. Tew, Little Tew, Swerford, South Newington, Sandford, or else-
— where in the county of Oxford, and all and singular his freehold
and copyhold messuages, lands, and hereditaments, or parts or
shares of messuages, lands, and hereditaments situate at or near
Flookborough, in the parish of Cartmel or elsewhere, in the county
of Lancaster, and all and singukr his messuages, farms, lands,
and hereditaments situate at or near Yoxall or elsewhere, in the
county of Stafford, with their and every of their rights, royalties,
members, and appurtenances, to the uses, upon and for the trusts,
intents, and purposes therein-after expressed and declared, and in
effect herein-after recited concerning the same; (that is to say,) to
the use of the said Thomas Perrott, Thomas Jones Wilkinson, and
John Coles Symes, their executors, administrators, and assigns, for
the term of ninety-nine years, to commence and he computed from
his the said testator's decease, and thenceforth next ensuing and
fully to he complete and ended, without impeachment of waste,
upon and for the trusts and purposes, and subject to the provisoes
and declarations therein-after expressed or declared concerning the
same, with remainder, subject to the said term and to the trusts
thereof,
to the use of his (the said testator's) eldest son Matthew
Piers Watt Boulton, and his assigns, for and during the term of his
natural life, without impeachment of waste (other than wilful and
malicious waste); and immediately after his decease, to the use of
the first and every other son of the said Matthew Piers Watt
Boulton, severally and successively, according to seniority in tail
male, and in default of such issue to the use of his (the said
testator's) second son Hugh William Boulton, and his assigns, for
and during the term of his natural life, without impeachment of
waste (other than wilful and malicious waste); and immediately
after his decease, to the use of the first and every other son of the
said Hugh William Boulton, severally and successively, according
to seniority in tail male, and in default of such issue of the said
Hugh William Boulton, to the use of his (the said testator's) third
son Montagu Boulton, and his assigns, for and during the term of
his natural life, without impeachment of waste (other than wilful
and malicious waste); and immediately after the decease of his said
son Montagu Boulton, to the use of the first and every other son of
the said Montagu Boulton, severally and successively, according to
seniority in tail male, and in default of such issue of the said
Montagu Boulton to the use of the first and every other son of his
(the said testator's) eldest daughter Anne Bobinson Boulton,
severally and successively, according to seniority in tail male, and
in default of such issue of his said eldest daughter Anne Robinson
Boulton, to the use of the first and every other son of his (the said
[37 & 38 VICT.] The Boulton Estate Act, 1874. [OH. 5.]
testator's) second daughter Katharine Elizabeth Boulton, severally A.D. 1874.
and successively, according to seniority in tail male, with divers
remainders over; and to preserve the contingent remainders therein-
before limited from being destroyed, the said testator devised and
appointed the said estates and hereditaments therein-before devised,
with their appurtenances, from and after the determination of the
estate therein-before limited, to any or either of his said sons during
his or their respective life as aforesaid, by forfeiture or otherwise, in
his or their respective lifetime; and also from and after the deter-
mination or failure of the uses or estates therein-before devised or
limited to his said sons respectively, and to their respective issue
male, unto Thomas Eulljames, of Hasfield Court, in the county of
Gloucester, Esquire, and George Morris Barker, of Birmingham, in
the county of Warwick, Esquire, and their heirs, during the respec-
tive life of the tenant for life whose estate should determine upon
trust for him, and by the usual means to support and preserve the
contingent remainders depending thereon; and also during the
suspense of vesting of any of the limitations therein-before contained
in favour of the first and other sons of his (the said testator's) said
daughters respectively, or any of them, in trust by the usual means
to preserve the contingent remainders therein-before limited in
favour of such sons from being destroyed; and the said testator did
thereby direct and appoint that if any or either of his said sons
Matthew Piers Watt Boulton, Hugh William Boulton, and Montagu
Boulton should marry under the age of twenty-three years without
first obtaining the consent in writing of the said Thomas Perrott,
Thomas Jones Wilkinson, and John Coles Symes, or the survivors
or survivor of them, if living (but which event has not happened
and cannot happen), then and in every of such cases all and
singular the limitations therein-before contained of his the said
testator's estates, to the use or for the benefit of each and every
such son so marrying under the age of twenty-three years without
consent as aforesaid, or of his or their issue, should cease, determine,
and be void ; and that all and singular the same estates should in
every such case thenceforth go and devolve under the limitations
therein-before contained in the same manner as if the son or sons
so marrying under the age of twenty-three years without such
consent as aforesaid was or were dead without issue, entitled or
inheritable under the limitations therein-before contained; and
the testator thereby declared that the said term of ninety-nine years
therein-before limited to the said Thomas Perrott,. Thomas Jones
Wilkinson, and John Coles Symes was so limited to them upon
certain trusts, which were to continue whilst such of his sons as
should for the time being, under the limitations therein-before
A.2 3
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