Yorke Estate Act 1899
| Jurisdiction | UK Non-devolved |
| Citation | 1899 c. 1 |
| Year | 1899 |
[62 & 63 VIOT.] Yorke Estate Act, 1899. [CH. /.]
CHAPTER
An
affecting certain Estates of the late Sir James Cockburn
7th Baronet deceased situate in the counties of Pembroke
Cardigan and Carmarthen and in the city and county
of London. [13th July 1899.]
7
HERE AS the late Sir James Cockburn 7th Baronet deceased
by his will dated the 20th of March 1851 charged all his
real and personal estate and effects with the payment of his debts
and funeral and testamentary expenses and the legacies thereby
bequeathed except his real estate in Cardiganshire which he charged
with the payment of the annuities therein-after mentioned and
subject as aforesaid he gave and devised all the manors messuages
farms lands and hereditaments and other real estates whatsoever
and wheresoever which he had any power to dispose of or appoint
by his will (except any estates vested in him as a trustee or by way
of mortgage) with their respective appurtenances to the uses therein-
after expressed that was to say to the use of his daughter Dame
Marianna Augusta Hamilton the wife of Sir James John Hamilton
Baronet the testator's brother the Right Honourable Sir George
Cockburn and Major-General Sir Erancis Cockburn Knight their-
executors administrators and assigns during the life of his said
daughter upon trust to pay and apply the rents issues and profits of
the said manors messuages farms lands and premises (after discharg-
ing all expenses of repairs and taxes and other proper outgoings
in respect thereof) io his said daughter for her separate use but not
so as to enable her during any coverture to deal therewith in the
way of anticipation with remainder as to for and concerning one
undivided moiety or equal half-part of the said manors messuages
farms lands and premises to the use of the said Sir James John
Hamilton and his assigns during his life with remainder to the use
of the children of his said daughter by the said Sir James John
Hamilton begotten as they or the survivor of them should appoint
[Price 2s. 3d.] A 1
[Oft /,] Yorke Estate Act, 1899. [62 & 63 VICT.]
A.D.
1899.
and subject thereto to the use of the first and every other son of
— his said daughter by the said Sir James John Hamilton begotten
successively according to seniority in tail with remainder to the use
of the first and every other daughter of his said daughter by the
said Sir James John Hamilton begotten successively according to
seniority in tail with remainder to the use of the children of
his said daughter by any future husband as she should appoint
and subject thereto to the use of the first and every other son
of his daughter by any future husband successively according to
seniority in tail with remainder to the use of the first and every
other daughter of his said daughter by any future husband suc-
cessively according to seniority in tail and as to the remaining or
other undivided moiety or equal half-part of the manors messuages
farms iands and premises to the use of the children of his said
daughter by any future husband as she should appoint and subject
thereto to the use of the first and every other son of his said
daughter by any f uture husband successively according to seniority
in tail with remainder to the use of the first and every other
daughter of his said daughter by any future husband successively
according to seniority in tail with remainder to the use of
the children of his said daughter by the said Sir James John
Hamilton as she should appoint and subject thereto to the use of
the first and every other son of his said daughter by the said
Sir James John Hamilton successively according to seniority in tail
with remainder to the use of the first and every other daughter of
his said daughter by the said Sir James John Hamilton successively
according to seniority in tail and in case his said daughter should
die without issue with remainder as to the entirety of the said
manors messuages farms lands and premises (subject nevertheless
and without prejudice to the uses therein-before declared concerning
the same premises or any undivided share or shares thereof which
preceded the limitations of the same premises to the first and other
daughters of his said daughter in tail and to the powers of appoint-
ment therein-before contained and to any estates created in exercise
of such powers or any of them) to the use of the said Sir George
Cockburn and Sir Francis Cockburn their executors administrators
and assigns for the term of 1000 years from the day of the testator's
decease without impeachment of waste nevertheless upon the trusts
therein-after expressed concerning the same and subject thereto to
the use of his said daughter her executors administrators and assigns
for the term of one day in order to prevent the term of 1000 years
from being merged or extinguished in any estate therein-after
limited to the said Sir George Cockburn and Sir Erancis Cockburn
or either of them and after the expiration or other sooner determina-
2
[62 & 63 VICT.] Yorhe Estate Act, 1899. [CH. /.]
tion of the said term of one day to the use of his said brother the
A.D.
1899.
said Sir George Coekburn and his assigns during his life without
impeachment of waste with remainder to the use of the first
and every other son of the said Sir George Coekburn severally and
successively according to seniority in tail with remainder to the use
of the testator's brother the Very Reverend William Coekburn Dean
of the Cathedral Church of York and his assigns during his life
without impeachment of waste with remainder to the use of the
first and every other son of the said William Coekburn severally
and successively according to seniority in tail with remainder to the
use of the testator's brother Alexander Coekburn and his assigns
during his life without impeachment of waste with remainder to the
use of the first and every other son of the said Alexander Coekburn
severally and successively according to seniority in tail with
remainder to the use of the testator's said brother Sir Francis
Coekburn and his assigns during his life without impeachment of
waste with remainder to the use of the first and every other son
of the said Sir Francis Coekburn severally and successively according
to seniority in tail with remainder to the use of the testator's own
right heirs and the testator declared that the aforesaid term of
1000 years was limited to his said daughter and the said Sir
George Coekburn and Sir Erancis Coekburn their executors
administrators and assigns upon trust when and so long as any of
them his said brothers should be entitled to the first estate of
freehold as tenant for life under the limitations of his will of and
in the said manors messuages lands tenements and premises from
time to time if and when thereunto requested in writing by such
brother of the testator as should for the time being be so in
possession of the rents and profits of the hereditaments comprised
in the said term of 1000 years or by mortgage sale or other
disposition thereof or of any part or parts thereof for all or any part
of the said term to levy and raise such sums of money as therein
mentioned for the advancement of any sons or as a marriage portion
of any daughters of the person so for the time being in possession
as aforesaid and to apply such money as therein mentioned And
the testator directed that after all the trusts of the said term of
1000 years should have been satisfied or become unnecessary or
incapable of taking effect and the said trustees and their executors
administrators and assigns should have been reimbursed all their
expenses in the trust the said term of 1000 years and also the said
term of one clay therein-before limited to his said daughter as
aforesaid should respectively absolutely cease And after divers
specific and pecuniary legacies the testator thereby gave unto each
of his sisters-in-law the Honourable Charlotte Henrietta Marianne
A 2 3
To continue reading
Request your trial