William Duke of Clevelands estate: authorizing building and improving leases of parts of the estates at Darlington and Barnard Castle (Durham) and Wolverhampton (Staffordshire) comprised in his will and in certain deeds of settlement Act 1867
| Jurisdiction | UK Non-devolved |
| Citation | 1867 c. 1 |
| Year | 1867 |
ANNO TRICESIMO & TRICESIMO PRIMO
VICTORLE REGIN.E
**************#************##**********************
Cap.
1.
An Act for authorizing Building and Improving
Leases and Sales of certain Parts of the Estates
at Darlington and Barnard Castle in the County
of Durham, and at Wolverhampton in the County
of Stafford, comprised in or subject to certain
Deeds of Settlement and the Will of" the late
William Harry First Duke of Cleveland; and
for other Purposes. [25th July 1867.]
¥T THERE AS by Indentures of Lease and Release and Settle-
%/m/ ment, dated respectively the Third and Fourth Days of
" ^ November One thousand eight hundred and nine, the
Release and Settlement being made between the Most Noble William
Harry First Duke of Cleveland (then Earl of Darlington) of the
First Part, the Most Noble Henry Second Duke of Cleveland, then
called Viscount Barnard, the eldest Son and then Heir Apparent of
the said William Harry First Duke of Cleveland, of the Second
Part, the Right Honourable John Earl Poulett and the Honourable
Lady Sophia Poulett, eldest Daughter of the said Earl Poulett, of
the Third Part, Thomas Scarth (since deceased) and Thomas
[Private.'] a 2 Freshjield
Settlement
in con-
templation
of Marriage
of Henry
Second
Duke of
Cleveland,
dated
4th Novem
ber 1809.
30°
&
31° VICTORIA, Cap AX
Duke of
Cleveland's
Estate.
Freshfield Scarth of the Fourth Part, James QCallaghan of the
Fifth Part, the Right Honourable John Lord Rolle and the Right
Honourable John Lord Boringdon of the Sixth Part, the Right
Honourable Henry Earl of Ilchester and John Madocks Esquire
of the Seventh Part, the Right Honourable John Earl of Westmore-
land and George Pocock Esquire of the Eighth Part, the said James
CfCallaghan and Thomas Lloyd Esquire of the Ninth Part, and the
said Henry Earl of Ilchester and John Viscount Hinton, eldest Son
of the said John Earl Poulett, of the Tenth Part, (being the Settle-
ment executed previously to and in contemplation of the Marriage
then intended and shortly afterwards solemnized between the said
Henry Second Duke of Cleveland and the said Lady Sophia
Poulett,) in consideration of the said then intended Marriage, and
for the other Considerations therein mentioned, divers Manors,
Messuages, Lands, Tithes, Farms, and Hereditaments, and Fee-
farm Rents, situate in or arising out of Hereditaments situate in the
Counties of Durham, Salop, Stafford, Northampton, Montgomery,
Chester, and Middlesex, of great Extent and Value, all which said
Hereditaments are herein-after referred to as the Settled Estates, were
limited and assured by the said William Harry First Duke of
Cleveland and the said Henry Second Duke of Cleveland unto the
said Thomas Scarth and Thomas Freshfield Scarth, their Heirs and
Assigns, after the Solemnization of the said then intended Marriage,
to the Uses, upon and for the Trusts, Intents, and Purposes, and
with, under, and subject to the Powers, Provisoes, Declarations, and
Agreements therein-after limited, declared, and contained of and
concerning the same (but nevertheless subject and without Prejudice
to the several Charges and Incumbrances to which the same were
then subject or liable, but all of which have since been discharged
or have determined) ; that is to say (amongst or after divers Uses,
Trusts, and Powers which have since ceased or been satisfied, or in
the Events which have happened have become incapable of taking
effect),
to the Use of the said William Harry First Duke of
Cleveland and his Assigns for his Life, without Impeachment of
Waste, with Remainder to the Use of the said Thomas Scarth and
Thomas Freshfield Scarth, and their Heirs, during the Life of the
said William Harry First Duke of Cleveland, upon trust, to
preserve contingent Remainders, with Remainder to the Use of the
said Henry Second Duke of Cleveland and his Assigns for his Life,
without Impeachment of Waste, with Remainder to the Use of
the said Thomas Scarth and Thomas Freshfield Scarth during the
Life of the said Henry Second Duke of Cleveland, upon trust to
preserve contingent Remainders, with Remainder to the Use of
the First and other Sons of the said Henry Second Duke of
Cleveland on the Body of the said Lady Sophia Poulett to be
begotten, successively in Tail Male, with Remainder to such Uses
as
30° & 31° VICTORIA, Cap.h
Duke of Cleveland's Estate.
as the said William Harry First Duke of Cleveland and Henry
Second Duke of Cleveland should by Deed, sealed and delivered by
them in the Presence of and attested by Two or more credible
Witnesses, jointly appoint, with Remainder to the Use of the First
and every other Son of the Body of the said Henry Second Duke of
Cleveland to be begotten upon the Body of any Woman whom he
might marry after the Decease of the said Lady Sophia Poulett,
successively in Tail Male, with Remainder to the Use of the Most
Noble William John Frederick Powlett (then Vane), afterwards
Third Duke of Cleveland, the Second Son of the said William Harry
First Duke of Cleveland, and his Assigns, for his Life, without
Impeachment of Waste, with Remainder to the Use of the said
Thomas Scarth and Thomas Freshfield Scarth, their Heirs and
Assigns, during the Life of the said William John Frederick
Powlett Third Duke of Cleveland, in trust to preserve contingent
Remainders, with Remainder to the Use of the First and every
other Son of the said William John Frederick Powlett Third Duke
of Cleveland, successively in Tail Male, with Remainder to the
Use of the Most Noble Harry George Powlett Fourth and present
Duke of Cleveland, in the said Indenture of Settlement called
Harry the Third Son of the said William Harry First Duke of
Cleveland, and his Assigns, for Life, without Impeachment of Waste,
with Remainder to the Use of the said Thomas Scarth and Thomas
Freshfield Scarth, their Heirs and Assigns, during the Life of the
said Harry George Powlett Duke of Cleveland, in trust to preserve
contingent Remainders, with Remainder to the Use of the First
and every other Son of the said Harry George Powlett Duke of
Cleveland, successively in Tail Male, with Remainder to the Use
of the First and every other Son successively in Tail Male of the
said William Harry First Duke of Cleveland to be begotten on the
Body of any Wife with whom he might thereafter intermarry, with
Remainder to the Use of the said William Harry First Duke of
Cleveland, his Heirs and Assigns for ever; and in the said Indenture
was contained a Power for the said Henry Second Duke of Cleveland
at any Time after the Decease of the said William Harry First Duke
of Cleveland, or in his Lifetime with his Consent, by any Deed or
Writing to be executed in the Presence of Two or more Witnesses,
to charge, amongst other Hereditaments, all or any of the said
several Manors or Hereditaments in the said County of Durham with
the Payment of any Sum not exceeding Thirty thousand Pounds, with
Interest at the Rate of Five Pounds per Centum per Annum, to be
paid as the said Henry Second Duke of Cleveland should think fit,
and also by the same or any other Deed so executed as aforesaid to
grant the said Hereditaments which should be so charged with any
Sum as aforesaid or to limit the same to any Person or Persons for
any Term, without Impeachment of Waste, for securing the same Sum
[Private.] fo or
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