Earl of Devon estate: authorizing a mortgage for payment of the expense of restorations to Powderham Castle, and extending the power to grant building leases contained in the will of the late Earl Act 1842

Publication Date:January 01, 1842
 
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Earl of Devon estate: authorizing a mortgage for payment of the expense of restorations to Powderham Castle, and extending the power to grant building leases contained in the will of the late Earl Act 1842

(5 & 6 Vict.) c. 24

An Act for authorizing the raising, by Mortgage of the Estates devised by the Will of the Right Honourable William late Earl of Devon, a limited Sum of Money, to be applied, under the Direction of the High Court of Chancery, in repaying to the present Earl and Lord Courtenay the Whole or a Portion of the Monies already expended by them for the Repair and Restoration of the Castle of Powderham, and the Buildings belonging thereto, and towards completing such Repair and Restoration; and for making Provision for Payment of the Interest of the Money so to be raised, and also for the Liquidation of the Principal; also for extending the Power to grant Building Leases contained in the Will of the said late Earl.

[30th July 1842]

ANNO QUINTO & SEXTO VICTORLE REGIN.E **^^*******^*************^***********^*^^^^^^**^^^ Cap.%4. &n Act for authorizing the raising, by Mortgage of [30th July 1842.] the Estates devised by the Will of the Right Honourable William late Earl of Devon, a limited Sum of Money, to be applied, under the Direction of the High Court of Chancery, in repaying to the present Earl and Lord Courtenay the Whole or a Portion of the Monies already expended them for the Repair and Restoration of the Castle of Powderham, and the Buildings belonging thereto, and towards completing such Repair and Restoration; and for making Provision for Payment of the Interest of the Money so to be raised, and also for the Liquidation of the Principal ; also for extending the Power to grant Building Leases contained in the Will of the said late Earl. William HEREAS the Right I published his last Will Writinar. bearing Date on or about IS of May C [Private.'} of and Will of William Earl of Devon, dated 3d May 1831. 622 5 & 6 VICTORIA, Cap.24. and attested in the Manner then required by Law, for rendering valid Devises of Freehold Estates, and thereby, after giving divers pecuniary Bequests and Legacies, gave and devised unto his Brother-in-Law, the Right Honourable George Lord Carteret (since deceased), and his Nephew, Sir John Courtenay Honywood of Evington in the County of Kent, Baronet, (also since deceased,) and their Heirs, all his the said Testator's Castles, Manors, Lands, Advowsons, and Hereditaments, in England and in Ireland, and. all Remainders, Reversions, and Expectancies of and in the same, and all other the Real Estates in England and Ireland of or to which he the said Testator was at the Time of making his said Will seised or entitled, at Law or in Equity, in Possession, Reversion, or Remainder, or over or in respect of which he had any Power of Disposition or -Appointment, 4:0'hold ike ' same to the said George Lord Carteret and Sir John Courtenay Honywood, and their Heirs, to, for, or upon the Uses, Trusts, Intents, and Purposes, and subject to the Powers, Provisoes, and Declarations, in anS'by fihe^said Will limited, expressed, and declared concerning the same; (that is to say,) to the Use of the said George Lord Carteret and Sir John Courtenay Honywood, their Executors and Administrators, during the Term of Five hundred Years, to commence from the Time of his the said Testator's Decease, upon the Trusts therein-after declared concerning the same, and from and after the End, Expiration, or other sooner Determination of the said Term of Five hundred Years, and in the meantime subject thereto and to the Trusts thereof, to certain Uses in the usual Course of strict Settlement, for the Benefit of the said Testator's Sons, and the Sons of such Sons, and the Heirs Male of their Bodies ; and in default of such Issue Male, as therein mentioned, of the said Testator's Body, to the Use of William Reginald Courtenay Esquire, now commonly called Lord Courtenay, (therein described as eldest Son of the said Testator's Relation, William Courtenay Esquire, now Earl of Devon,) during the Term of the Life of the said William Reginald Lord Courtenay, .without Impeachment of Waste; with Remainder to the Use of the said Testator's Brother-in-Law the Right Honourable Lord Robert Edward Somerset and Major General JoJin Locke, and their iHeirs, during the Life of the said William Reginald Lord Courtenay, in Trust to preserve the contingent Remainders therein-after limited ; and from and after the Decease of the said William Reginald Lord Courtenay, to the Use of each of the Sons of the said William Reginald Lord Courtenay born or to be born in the said Testator's Lifetime, successively, during the Term of the Life of each such Son, without Impeachment of Waste; and after the Decease of each such Son, to the Useofithe First and every other Son of each such Son successively according to Priority of Birth in Tail Male, in such Manner that the elder of the said Sons of the said William Reginald Lord Courtenay, and the First and every other Son successively; in Tail Male of such elder Son, might be preferred to and take before the younger of the said Sons of the said William Reginald Lord Courtenay, and his and their First and other Sons successively in Tail Male; with Remainder, after the Determination of the Estate for Life,of each of the said Sons of1 the said William Reginald. Lord Cowtemy by any means in1 the Lifetime of such Son, to the ^se .of the said Lord Robert Edward Somerset and John Locke, and their 1 Heirs, 5 & 6 VICTORIA, Cap.24. Heirs, during.the Life of each of such Sons of the said William Reginald Lord Cqurtenay, in Trust to preserve the contingent Remainders therein-after limited; and in default of such Issue Male as aforesaid of the said William Reginald Lord Courtenay, to the Use of the Son and Sons of the said William Reginald Lord Courte^ay who should be born after his the said Testator's Decease, successively in Tail Male, so that the elder of such Sons and the Heirs Male of his Body should be preferred to and take before the younger of such Sons and the Heirs Male of his and their Body and Bodies; and in default of such Issue, to the Use of each of the other Sons of the said William now Earl of Devon born or to be born in his the said Testator's Lifetime. successively during the Life of each such Son, without Impeachment of Waste ; and after the Decease of each such Son, to the Use of his Firsthand every other Son successively according to Priority of Birth in Tail Male, in such Manner that the elder of the said other Sons of the said William Earl of Devon, and the First and other Sons successively in Tail Male of such elder Son, might be preferred to and take before the younger of the said other Sons of the said William Earl of Devon, and his and their First and other Sons successively in Tail Male; and after the Determination of the Life Estate of each of the said other Sons of the said William Earl of Devon by any means in the Lifetime of such Son, to the Use of the said Lord Robert Edward Somerset &nd John Locke, and their Heirs, .during the Life of each ?such Son, in Ti'ust }to preserve .contingent Remainders ; and in .default of such Issue Male, of the.said William Earl of Devon as afore-said, to the Use of the said Lord Robert Edward Somerset and JbAn Locke, and their Heirs, during the Life of the said William Earl of Devon, in Trust.to,preserve contingent Remainders, but nevertheless to permit the Person or Persons who for the Time being1 and from Time to Time during the Life of the said William Earl of Devon should be seised of or entitled to the said Testator's said Hereditaments in Remainder immediately expectant upon the Decease of the said William Earl of Devon to receive the Rents, Issues, and Profits of the said Hereditaments, in the same Manner as if the said William :Earl of Devon were actually dead; and from and after the Decease of the said William Earl of Devon, to the Use of the Son and Sons of the said William Earl of Devon who should be born after his the said Tes-tator's Decease successively in Tail Male, so that the elder of such Sons and the Heirs Male of his Body should be preferred to and take before the younger of such Sons and the Heirs Male of his and their Body and Bodies ; and for Want of such Issue, to the Use of his the said Testator's Relation Thomas Peregrine Courtenay Esquire, since deceased, therein described as the Brother of the said William now Earl of Devon, and his Assigns, during his Life, without Impeachment of Waste; and from and after the Determination of that Estate in his Lifetime, to the Use of the said Lord Robert Edward Somerset and *7oAw Locke, and their Heirs, during the Life of the.said Thomas Peregrine Courtenay, in Trust to preserve contingent ^Remainders ; and from and after the Decease of the said Hhoy$as Peregrine Courtenay', to the Use of Thomas Peregrine Cour~ tenay the younger, the eldest Son of the said Thomas Peregrine CoiCrtenay, 624 5 & 6 VICTORIA, Cap.24. Courtenay 9 and his Assigns, during his Life, without Impeachment of Waste ; and from and after the Determination of that Estate in his Lifetime, to the Use of the said Lord Robert Edward Somerset and John Locke, and their Heirs, during the Life of the said Thomas Peregrine Courtenay the Son, upon Trust to preserve contingent Remainders ; and after the Decease of the said Thomas Peregrine Courtenay the Son, to the Use of the First and every other Son of the said Thomas Peregrine Courtenay the Son lawfully to be begotten, successively according to Priority of Birth in Tail Male, so that the elder of such Sons and the Heirs Male of his Body should be preferred to and'take before the younger of such Sons and the Heirs Male of his and their Body and Bodies; and for Want of such Issue, to the Use of each of the other Sons of the said Thomas Peregrine Courtenay the Father, born or to be born in his the said Testator's Lifetime, successively, during the Term of the Life of...

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