The Mowbrick Estate Partition Act 1854
| Jurisdiction | UK Non-devolved |
| Citation | 1854 c. 34 |
ANNO DECIMO SEPTIMO & DECIMO OCTAVO
VICTORLE REGINiE,
Cap. 34.
An Act for the Partition of the Mowbrick otherwise
Mowbreck Estate in the County of 'Lancaster.
[IOth August 1854.]
"HEREAS on the Nineteenth Day of April One thousand
eight hundred and forty-five a Suit in Chancery, in which
Cornelius Bourne and others were Plaintiffs, and Thomas
Keay Hassall and others were Defendants, (being a Suit by some
of the Parties interested in the Manors, Lands, Rents, and other
Hereditaments herein-after called by the general Name of the
Mowbrick Estate, and sometimes also called the Mowbreck Estate,
against all the other Persons interested therein,) was instituted for
a Partition of the said Mowbrick Estate, and such Suit, together
with another Suit supplemental thereto, came on to be heard before
his Honour the then Vice-Chancellor of England on the Eifth Day
of June One thousand eight hundred and forty-six, when his Honour
was pleased to decree that it should be referred to the Master to
Decree
dated
inquire and state to the; Court of what Particulars the Lands,
f!£!,fune
Tenements, and Hereditaments in the Pleadings of the Causes
mentioned consisted, and what were the Tenures thereof respec-
tively, and who were respectively the Persons interested therein or
entitled thereto respectively, and to state what were their respective
[Private.] 11 n Estates
17° & 18° VICTORIA,
CapM.
The Mowbrick Estate Partition Jet, 1854.
Estates and Interests therein, and under and by virtue of what
Devises, Assurances, and Acts in the Law they respectively became
interested therein or entitled thereto, and whether there were any
and what Charges or Incumbrances thereon, or upon any and which
of them respectively, and what Shares the Parties were respectively
entitled to therein, and it was ordered that the said Master should
inquire and state to the Court -whether all the Parties so interested
in or entitled to the said Lands, Tenements, and Hereditaments
were.
Parties to the Suit: And whereas divers Suits supplemental to
the first-mentioned Suit were afterwards instituted, for the Purpose
of bringing before the Court all Parties who from Time to Time
subsequent to the said Decree of the Fifth Day of June One
thousand eight, hundred and forty-six became interested in the said
Mowbrick Estate, and such supplemental Suits respectively came
on to be heard, and supplemental Decrees were made therein respec-
tively, by which Inquiries were directed with respect to subsequently
accrued Interests in the said Mowbrick Estate similar to those
directed by the original Decree with respect to the then subsisting
Interests, and such original and supplemental Suits in point of
fact form One Suit, and are herein-after collectively termed the
Master's Suit of Bourne versus Hassall: And whereas the Master to whom
Peport.aated. the gaid Suit of Bourne versus Hassall stood referred made his
26th July
1853.
Report therein, bearing Date the Twenty-sixth Day of July One
thousand eight hundred and fifty-three, which was confirmed by an
Order in the said Suit bearing Date the Eighteenth Day of February
One thousand eight hundred and fifty-four, and by such Report the
said Master found and set forth in detail the Particulars of which
the said Mowbrick Estate consisted, and in the Schedule to his
Report annexed he set forth the present or modern Description of
the whole of the said Estate, together with the several Charges and
Outgoings payable thereout, and the several Farms or Lettings into
which the same was respectively parcelled out and held, with the
several yearly Rents payable for the same respectively ; and the said
Master by his said Report found that the said Mowbrick otherwise
Mowbreck Estate was held in undivided Fourth Parts, therein-after
for Convenience called, One, Bourne's Fourth, Two, Benison's Fourth,
Three, Ralph's Fourth, Four, Westby's Fourth, and as to Bourne's.
Fourth he found that the State of the Title was as follows,—that
John Bourne, being seised of the Equitable Fee Simple, subject to a
Legal Mortgage in Fee vested in James Pedder for securing to him
the Sum of Eleven thousand Pounds, and further Advances, not
exceeding the Sum of Fifteen thousand Pounds, and subject also to
an old satisfied Term of One thousand Years then vested in Joseph
Walker upon Trusts for securing the said Mortgage Debt, and
subject thereto upon trust to attend the Inheritance, made his Will,
bearing
970
17°
&
18° VICTORIA, tap. 34.
The Mowbrick Estate Partition Act, 1854.
bearing Date the Nineteenth Day of December One thousand eight
hundred and thirty-eight, and thereby devised the Residue of his
Real Estate, which included his Interest in the Mowbrick Estate, and
also.
the Residue of his Personal Estate, to Cornelius Bourne, John
Bury Bourne, James Thomas Bourne, and Thomas Rymer Bourne,
and their Heirs, Executors, Administrators, and Assigns, upon the
Trusts, nevertheless, and.to and for the several Intents and Purposes
which are therein-after expressed concerning the same ; (that was to
£ay,) upon trust for Sale as therein mentioned, and upon trust out
of the Proceeds of such Sale, after Payment of his Debts, Funeral
and Testamentary Expenses and Legacies, to pay to his Friends Sir
Thomas Brancker Knight and Thomas Robert Wilson Ffrance the
Sum of Six thousand Pounds Sterling for each of the Testator's
Three Daughters Margaret Hassall, Ann Williams, and Jane
Whitelock, (making in the whole the Sum of Eighteen thousand
Pounds,) to be held by them, under the Trusts therein-after declared
concerning the same, for the Benefit of the Testator's said Daughters
and their respective Children and Issue; and the said Testator
directed that the several Sums of Money therein-before given in
trust for his said Daughters should carry Interest at the Rate of
Four Pounds Ten Shillings per Centum per Annum from the Time
of his Decease, and that until raised and paid the Interest should be
payable thereon half-yearly ; and as to One of the said Sums of
Six thousand Pounds the said Testator declared that the said Sir
Thomas Brancker, and Thomas Robert Wilson Ffrance, their
Executors, Administrators, and Assigns, were to stand possessed of
the same upon trust for the said Margaret Hassall for her Life, for
Tier separate. Use, without Power of Anticipation, and after the
•Decease of the said Margaret Hassall in trust for all such One or
njore of the Children of the said Margaret Hassall, and the Issue of
any such Children, as might then be dead, in such Shares and PTOT
portions, and subject to such Charges and Limitations for the Benefit
of some or One of them, and in such Manner, as the said Margaret
Hassall, notwithstanding her Coverture, by her last Will in Writing,
or by any Writing in the Nature
thereof,
to be by her duly signed
and published in the Presence of Two or more credible Witnesses,
should appoint, and subject to such Appointment upon trust for all
and every the Child and Children of the said Margaret Hassall who
•should be living at the Time of her Decease, and the Issue of any of
them who should then be dead, such Issue taking equally between
and among them, if more than' One, the Part or Share which his, her,
or their deceased Parent would have taken if living, and for their
respective Executors, Administrators, and Assigns, absolutely, Share
and Share alike, as Tenants in Common, to be paid and payable on
itheir respective Attainment to the Age of Twenty-one Years or
Marriage,
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