William Russell and Marquess and Marchioness of Londonderry estates: exchange Act 1830
| Jurisdiction | UK Non-devolved |
| Citation | 1830 c. 50 |
| Year | 1830 |
ANNO PRIMO
GULIELMI IV. REGIS.
Cap.
50.
An Act to effect an Exchange of Part of the Estates
in the County of Durham devised by the Will
and Codicil of
William
Russell Esquire, deceased,
for Part of the Estates comprised in the Settle-
ment made in pursuance of the Articles upon the
Marriage of the Most Honorable
Charles
Wil-
liam
Vane
Marquess of
Londonderry
with the Most
Honorable
Frances
Anne Vane Marchioness of
Londonderry. [23d July 1830.]
W
HEREAS
William
Russell, late of
Brancepeth
Castle in the Will of
Wii-
County of
Durham,
Esquire, deceased, duly made, signed, and ^am Ru»^.
published his last Will and Testament in Writing, bearing
3
0ctr%r
Date on or about the Third Day of
October
One thousand eight hundred
and fifteen, and thereby gave unto Rowland Burdon of
Castle
Eden in
the said County of Durham, Esquire, and John
Hogg
of
Norton
in the
same County, Esquire, since deceased, their Executors, Administrators,
and Assigns, the several Legacies or Sums of Thirty thousand Pounds
and Ten thousand Pounds, to be paid to them out of his Personal Estate
and Effects by his Executor therein-after named, upon the Trusts therein-
after declared concerning the same; (that is to say,) in Trust from Time
to Time to place out and invest so much of the said Legacies or Sums of
Thirty thousand Pounds and Ten thousand Pounds as should be raised
and paid out of his Personal Estate, therein-after charged with the Payment
thereof, in or upon Government or Real Securities, and from Time to
[Private.'] 14, a Time
1198 1°GULIELMI IV.
CapM.
Time to call in or dispose of the Principal Money so to be placed out or
invested, and to place out or invest the same again in or upon any new
or other Securities of the like Nature, at Interest, until the same should
become due and payable by virtue of the Trusts and Directions of his said
Will; and in Trust to permit the Residue of the said several Legacies or
Sums of Thirty thousand Pounds and Ten thousand Pounds, not so raised
and paid out of his Personal Estate as aforesaid, to continue at Interest
upon the Security of his Real Estate comprised in the Term of Three
thousand Years therein-after limited to the said Rowland
Burden
and John
Hogg,
their Executors, Administrators, and Assigns, in Trust as therein-
after mentioned, until the same should become payable by virtue of the
Trusts and Directions of his said Will, and in the meantime to bear
Interest from his the said Testator's Decease, after the Rate of Four
Pounds per
Cent,
per
Annum,
and no more; and as to the said first-men-
tioned Legacy or Sum of Thirty thousand Pounds, in Trust, during the
Life of his Daughter Mary
Bunbury,
the Wife of
Walsh Hamilton Bunbury
Esquire, to pay the Interest or Dividends attending and accruing from the
said Sum of Thirty thousand Pounds unto such Person or Persons and
for such Purpose as she should from Time to Time, whether sole or
married, by
any
Writing or Writings under her Hand, direct or appoint, and
in default of such Direction or Appointment, then to the proper Hands of
the said Mary
Bunbury,
to the Intent that the same might be for her
separate Use and Disposition, and might not be subject to the Debts,
Controul, Disposition, or Engagements of her then present or any after-
taken Husband, and for which her Receipt, or the Receipt of the Person or
Persons whom she should appoint to receive the same, should be a good
and sufficient Discharge; and from and after the Decease of the said
Mary
Bunbury
the said Principal Sum of Thirty thousand Pounds should
be in Trust for all and every the Child and Children of the said Mary
Bunbury,
in such Shares and Proportions, if more than One, and to be
paid or transferred at such Time and Times after the Decease of the said
Mary
Bunbury,
and with such Benefit of Survivorship between or amongst
such Children if more than One, and with such Provisions for Maintenance,
as are in the said Will in that Behalf mentioned and expressed; and the
said Testator did thereby provide and declare, that in case there should be
no such Child or Children of the said Mary
Bunbury,
or, being such, they
should all die before any of them should attain the Age of Twenty-one
Years,
then and in that Case so much of the said Sum of Thirty thousand
Pounds as should be raised or payable out of his the said Testator's Per-
sonal Estate should thenceforth sink into the ultimate Residue of his
Personal Estate, and should go as the same Residue was therein-after
disposed of, and then also and in that Case the Residue of the said Prin-
cipal Sum of Thirty thousand Pounds, which should continue upon the
Security of his said Real Estate as aforesaid, should not be raised or pay-
able : and as to the said Legacy or Sum of Ten thousand Pounds, the said
Testator did declare, that the same should be upon the Trusts following j
that is to say, in trust to pay the Interest or Dividends attending the same
to his Son Matthew
Russell,
his Executors or Administrators, for so long
Time and during all the Time that the said Mary
Bunbury
should be
under Coverture of her then present or any after-taken Husband, but
subject nevertheless and without Prejudice to any Appointment which the
said Mary
Bunbury
should or might make of the said Sum of Ten thousand
Pounds, or any Part thereof respectively, to or in favor of any of her
8 Children,
1*
GULIELMI IV. Cap.SO. 1199
Children, by virtue of the Powers therein-after given to her in that Behalf j
and from aBd alter the Decease of her then present or any future-taken
Husband, and for and during all the Time that the said Mary Bunbury
should be a Widow, in Trust to pay the Interest or Dividends of the said
Sum of Tea thousand Pounds to her the said Mary Bunbury, during
her Life and Widowhood as aforesaid, but subject nevertheless and with-
out Prejudice to any such Appointment as aforesaid; and in case the
said Mary Embury should have Two or more Children, who should live
to attain the Age of Twenty-one Years, then the said Sum of Ten thousand
Pounds should be in Trust for all and every or such One or more (in
exclusion of the rest) of the Children of the said Mary
Bunbury,
and in
such Shares and Proportions, and to be payable at such Time or Times
respectively, either in the Lifetime of the said Mary
Bunbury
or after her
Death, as she the said Mary
Bunbury
should at any Time or Times, whe>-
ther sole or married, by any Deed or Deeds, Writing or Writings, or by
her last Will and Testament in Writing, to be by her respectively duly
executed as therein mentioned, direct, limit, or appoint; and in default of
such Direction, Limitation, or Appointment, and as to such Part or Parts of
the said Legacy or Sum of Ten thousand Pounds to which such Direction,
Limitation, cr Appointment should not extend, in Trust for all and every
the Child and Children of the said Mary
Bunbury
who should attain
the Age of Twenty-one Years, in such Shares and Proportions, if more
than One, and to be paid and transferred at such Time and Times after
the Decease of the said Mary
Bunbury,
as are in the said Will in that
Behalf mentioned and expressed j and the said Testator did thereby
declare and direct, that if the said Mary
Bunbury
should not have Two or
more Children, or, having such, they should all (except One) die under
the Age of Twenty-one Years, then the said Legacy or Sum of Ten
thousand Pounds, or such Part thereof as should be raised or payable out of
his the said Testator's said Personal Estate by virtue of his said Will,
should, from and after the Death of his said last-mentioned Daughter,
sink into the Residue of his Personal Estate, and go therewith as the same
Residue was therein-after disposed of, and then also and in that Case the
Residue of the said Principal Sum of Ten thousand Pounds, which should
continue on the Security of his said Real Estates as aforesaid, should not
be raised or payable: and the said Testator did give unto the said Row-
land Burdm and
John
Hogg,
their Executors, Administrators, and Assigns,
the Legacy or Sum of Twenty-five thousand Pounds, and also the further
Legacy or Sum of Ten thousand Pounds, upon the Trusts therein-after
declared concerning the same respectively; (that is to say,) in Trust
from Time to Time to place out and invest so much of the said Two
several Legacies of Twenty-five thousand Pounds and Ten thousand
Pounds as should be raised and paid out of his Personal Estate, therein-
after charged with the Payment
thereof,
in or upon Government or Real
Securities, and from Time to Time to call in or dispose of the Principal
Money so to be placed out or invested, and to place out or invest the
same again in or upon any new or other Securities of the like Nature, at
Interest, until the same should respectively become payable by virtue
of the Trusts and Directions of his said Will; and in Trust to permit
the Residue of the same Legacies of Twenty-five thousand Pounds and
Ten thousand Pounds, not so raised and paid out of his Personal Estate
as aforesaid, to continue at Interest upon the Security of his Real Estates
coniprised
in,
tjje s>rid Term of Three thousand Years therein-after given
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