Eliott Trust Estate Act 1865

Cited authorities 2

Cited in

Jurisdiction	UK Non-devolved
Citation	1865 c. 7
Year	1865

ANNO VICESIMO OCTAYO & VICESIMO NONO

VICTORIA REGINE,

Cap.

An Act for enabling the Testamentary Trustées of

Sir William Francis Eliott of Stobs and Wells,

Baronet, deceased, to sell the Trust Estâtes or

Parts thereof for the Purpose of paying off or

providing for the Payment of the Debts which

affect or which may be made to affect the same ;

and for other Purposes in relation thereto.

[5th July 1865.]

HERE A S Sir William Francis Eliott of Stobs and Wells, Deed of En-

Baronet, deceased, by Deed of Entail dated the Fourteenth ^J;^*

Day of October One thousand eight hundred and sixty-

{H6ly

three, and registered in the Books of Council and Session the Twenty- r^isund in

ninth Day of September One thousand eight hundred and sixty-four, SSjj^gjh

did, upon the Narrative and for the Causes therein set fortb, give, Sept. 1864.

grant, and dispone to and in favour of William Francis Augustus

Eliott (now Sir William Francis Augustvs Elioff Baronet) his eldest

Son, and the Heirs Maie of his Body, whom failing, to Alexander

Boswell Eliott his Second Son, and the Heirs Maie of bis Body,

whom failing, to George Augustvs Cuming Eliott his Grandson, the

only Son of the deceased George Angustus EU

his Son, and the

[Private.] » u Hein

28° & 29° VICTGRLË, Cap.7.

EUoiïs Trust Bstak Ad, 1865.

Heirs Maie of the Body of the said George Augustus Cuming Eliott,

whom failing, to his the Entailer's Brother German Gilbert Eliott,

residing near Sydney in Australia, and the Heirs Maie of his Body,

whom failing, to the Entailer's Brother German Daniel Eliott, formerly

of the Honourable the East India Company's Civil Service, presently

residing in England, and the Heirs Maie of his Body, whom failing,

to the Entailer's Brother German George Augustus Eliott, Rear

Admirai in the Royal Navy, and the Heirs Maie of his Body, whom

failing, to the Entailer's Brother German Russell Eliott, Rear Admirai

in the Royal Navy, and the Heirs Maie of his Body, whom failing,

to the Entailer's Brother German Alexander Eliott, presently residing

at Devonport, and the Heirs Maie of his Body, whom failing, to the

Heirs whomsoever of the Body of the Heir Maie of the Body of the

said Alexander Eliott last infeft or entitled as Apparent Heir to hâve

been infeft in the Lands and others disponed by the said Deed of

Entail, whom failing, to the Heirs whomsoever of the Body of the

Heir Maie of the Body of the said Alexander Eliott immediately

preceding who was infeft or entitled as said is to hâve been infeft in

the said Lands and others, and so forth backwards to the Heirs

whomsoever of the Bodies of the différent Heirs Maie of the Body

of the said Alexander Eliott in their Order infeft or entitled as said is

to hâve been infeft in the said Lands and others throughout the whole

Heirs Maie of the Body of the said Alexander Eliott in their Order

backwards, whom failing, to the Heirs whomsoever of the Body of

the said Alexander Eliott, whom failing, to the Heirs whomsoever of

the Body of the Heir Maie of the Body of the said Russell Eliott last

infeft or entitled as Apparent Heir tohave been infeft in the said Lands

and others, whom failing, to the Heirs whomsoever of the Body of

the Heir Maie of the Body of the said Russell Eliott immediately

preceding who was infeft or entitled as said is to hâve been infeft in

the said Lands and others, and so forth backwards to the Heirs

whomsoever of the Bodies of the différent Heirs Maie of the Body of

the said Russell Eliott in their Order infeft or entitled as said is to

hâve been infeft in the said Lands and others throughout the whole

Heirs Maie of the Body of the said Russell Eliott in their Order back-

wards, whom failing, to the Heirs whomsoever of the Body of the

said Russell Eliott, whom failing, to the Heirs whomsoever of the

Body of the Heir Maie of the Body of the said George Augustus

Eliott, the Entailer's Brother, last infeft or entitled as Apparent Heir

to hâve been infeft in the said Lands and others, whom failing, to the

Heirs whomsoever of the Body of the Heir Maie of the Body of the

said George Augustus Eliott, the Entailer's Brother, immediately pre-

ceding, who was infeft or entitled as said is to hâve been infeft in the

said Lands and others, and so forth backwards to the Heirs whomso-

ever of the Bodies of the différent Heirs Maie of the Body of the said

George Augmtm Eliott, the Entailer's Brother, in their Order, infeft

28"

& 29u VICTORLE, Cap.7.

Eliott'* Trust IMate Avt, 1865.

or entitled as said is to hâve been infeft in the said Lands aud others

throughout the whole Heirs Maie of the Body of the said George

Augustus Eliott, the Entailer's Brother, in their Order backwards, whom

failing, to the Heirs whomsoever of the Body of the said George

Augustus Eliott, the Entailer's Brother, whom failing, to the Heirs

whomsoever of the Body of the Heir Maie of the Body of the said,

Daniel Eliott last infeft or entitled as Apparent Heir to hâve been

infeft in the said Lands and others, whom failing, to the Heirs whom-

soever of the Body of the Heir Maie of the Body of the said Daniel

Eliott immediately preceding who was infeft or entitled as said is to

hâve been infeft in the said Lands and others, and so forth back-

wards to the Heirs whomsoever of the Bodies of the différent Heirs

Maie of the Body of the said Daniel Eliott in their Order infeft or

entitled as said is to hâve been infeft in the said Lands and others

throughout the whole Heirs Maie of the Body of the said Daniel

Eliott m their Order backwards, whom failing, to the Heirs whomsoever

of the Body of the said Daniel Eliott, whom failing, to the Heirs

whomsoever of the Body of the Heir Maie of the Body of the said

Gilbert Eliott last infeft or entitled as Apparent Heir to hâve been

infeft in the said Lands and others, whom failing, to the Heirs whom-

soever of the Body of the Heir Maie of the Body of the said Gilbert

Eliott immediately preceding who was infeft or entitled as said is to

hâve been infeft in the said Lands and others, and so forth backwards

to the Heirs whomsoever of the Bodies of the différent Heirs Malc of

the Body of the said Gilbert Eliott in their Order infeft or entitled as

said is to hâve been infeft in the said Lands and others throughout

the whole Heirs Maie of the Body of the said Gilbert Eliott in their

Order backwards, whom failing, to the Heirs whomsoever of the Body

of the said

Gilbert

Eliott, whom failing, to the Heirs whomsoever of the

Body of the Heir Maie of the Body of the said George Augustus

Cuming Eliott last infeft or entitled as Heir Apparent to hâve been

infeft in the said Lands and others, whom failing, to the Heirs whom-

soever of the Body of the Heir Maie of the Body of the said George

Augustus Cuming Eliott immediately preceding who was infeft or

entitled as said is to hâve been infeft in the said Lands and others, and

so forth backwards to the Heirs whomsoever of the Bodies of the

différent Heirs Maie of the Body of the said

George

Augustus Cuming

Eliott in their Order infeft or entitled as said is to hâve been infeft in

the said Lands and others throughout the whole Heirs Maie of the

Body of the said George Augustus Cuming Eliott in their Order

backwards, whom failing, to the Heirs whomsoever of the Body of

the said George Augustus Cuming Eliott, whom failing, to the Heirs

whomsoever of the Body of the Heir Maie of the Body of the said

Alexander Boswell Eliott last infeft or entitled as Apparent Heir to

hâve been infeft in the said Lands and others, whom failing, to the

Heirs whomsoever of the Body of the Heir Maie of the Body of the

28° & 29° VICTORLE, Cap.7.

Imotfs Trust JSstate Ad, 1865.

said Alexander Boswell Eliott immediately preceding who was infeft

or entitled as said is to hâve been infeft in the said Lands and others,

and so forth backwards to the Heirs whomsoever of the Bodies of

the différent Heirs Maie of the Body of the said Alexander Boswell

Eliott in their Order infeft or entitled as said is to hâve been infeft

in the said Lands and others throughout the whole Heirs Maie of

the Body of the said Alexander Boswell Eliott in their Order back-

wards, whom failing, to the Heirs whomsoever of the Body of the

said Alexander Boswell Eliott, whom failing, to the Heirs whomsoever

of the Body of the Heir Maie of the Body of the said William Francis

Augustus Eliott last infeft or entitled as Apparent Heir to hâve been

infeft in the said Lands and others, whom failing, to the Heirs whom-

soever of the Body of the Heir Maie of the Body of the said William

Francis Augustus Eliott immediately preceding who was infeft or

entitled as said is to hâve been infeft in the said Lands and others,

and so forth backwards to the Heirs whomsoever of the Bodies of the

différent Heirs Maie of the Body of the said William Francis

Augustus Eliott in their Order infeft or entitled as said is to hâve

been infeft in the said Lands and others throughout the whole Heirs

Maie of the Body of the said William Francis Augustus Eliott in their

Order backwards, whom failing, to the Heirs whomsoever of the Body

of the said William Francis Augustus Eliott, whom ail failing, to his

the said Sir William Francis Eliotfs (the Entailer's) nearest Heirs

and Assignées whomsoever, the eldest Heir Female or Heir Portioner,

and the Heirs of her Body, always excluding Heirs Portioners, and

succeeding without Division through the whole Course of Succes-

sion, and under the express Déclaration that the Right of Primo-

geniture should take place amongst the Female Heirs called by the

above Destination in the same Manner as by Law is established

amongst Maie Heirs, heritably and irredeemably, ail and whole the

Lands of Holme and Middle alias Dikes, with the Corn and Waulk

Mills of the same, the Lands called Donshaugh and Fastcastle, and

universal Pertinents

thereof,

extending to a Three-Merk Land some-

time pertaining to the deceased John Lord Balmerino, and ac-

quired fronv hitn by the deceased John Earl of Traquair, and

also ail and whole the Lands of Rulewood alias Huntlahill, the

Lands of Wells and Major Wells, alias Easter and Wester Wells, and

Westlees, extending to a Five-Pound Land, with Houses, Biggings,

Yards, Parts, Pendicles, and Pertinents

thereof,

together with the

Parsonage Teinds of ail the foresaid Lands, ail lying within the

Parishes of Cavers, Hobkirk, and Bedrule respectively and Sherifï-

dom of Roxburgh, according as the same were formerly possessed by

the deceased Andrew Kerr, Brother of the deceased Sir John Kerr of

Lochtower, Jane Kerr his Daughter, and John Murray of Ashiestiel,

Husband to the said Jane, and their Tenants, and afterwards by

Thomas Rutherford of Wells and his Tenants, and that as for the

Principal,

28° & 29° VICTORLE, Cap.7.

Eliotù^ Trust Mstata Act, 1865.

Principal, ail which Lands, Mills, Teinds, and othe^s~fore^aid^^

erected in an whole and free Barony called the Barony of Wells,

conform to a Charter thereof granted by Her Majesty Queen

Anne of blessed Memory in favour of the deceased William Eliott

of Wells, Merchant in London, Great-Grandfather of the late Wil-

liam Eliot Esquire, last of Wells, and his Heirs and Assignées

whatsomever, dated at Windsor Castle the Fifteenth Day of July

Seventeen hundred and seven Years

;

and siclike ail and whole thèse

Parts and Portions of the Lands and Barony of Hunthill alias Scars-

borough after-mentioned, to wit, the Lands of Hunthill, the Town

and Lands of Scarsborough, the Moss of Scarsburgh, the Lands of

Moss-side and Moss-burn-ford, the Lands of Groundienook and Mill

thereof,

Mill Lands, Multures, Houses, Biggings, Yards, Mosses,

Muirs, Meadows, and whole Parts, Pendicles, Pertinents, and Privi-

lèges thereto pertaining, with the Teinds, Parsonage and Vicarage

thereof,

and in like Manner ail and whole thèse Husband Lands in

Langtown, with the Pertinents, formerly pertaining to Robert Lord

Rutherford

;

and also ail and whole that Part of the said Robert Lord

Rutherford his Lands of Scarsburgh possessed by Thomas Ruther-

ford,

Tenant there, with the Teinds, Parsonage and Vicarage

thereof,

Houses, Biggings, and whole Pertinents of the same, lying within the

Parochine of and SherirFdom of Roxburgh ; and also

ail and whole the Superiority of the Lands of Spittenheugh and Kirk-

heugh, with the Park of the same, Houses, Biggings, Yards, Parts,

Pendicles, and universal Pertinents thereof whatsomever, lying within

the Parochin of Hownam and Sheriffdom of Roxburgh aforesaid, in

Spécial and Real Warrandice of the Principal Lands and others before

mentioned, and that conform to and in the Terms of a Disposition

thereof granted by the said Thomas Rutherford of Wells to the said de-

ceased William Elliott, and his Heirs and Assignées whatsomever, of

Date.the Fourth Day of

Mai/

Seventeen hundred and six Ycars

;

as also

ail and whole the Twenty-Pound Land of new Extent and Barony of

Hadden, with the Manor Place, Houses, Biggings, Tenants, Tenandries,

and Services of Free Tenants, with ail the Parts, Pendicles, Privilèges,

Pertinents, and Community

thereof,

lying within the Parish of Sprous-

toun and SherirTdom of Roxburghe, with ail and sundry Houses, Big-

gings,

Woods,

Yards, Fishings, Pasturage, Parts, Pendicles, and universal

Pertinents of the same ; ail which Lands, Baronies, and others aforesaid

are specified and contained in a Charter under the Great Seal in favour

of the deceased William Nassaw Eliott of Wells, Father of the said

deceased William Eliott Esquire, last of Wells, dated the Tenth Day

oïDecember Seventeen hundred and sixty-four Years ; by which Char-

ter it is decerned and ordained that One Seisin, to be taken by the

said William Nassaw Eliott, and his Heirs, Substitutes, and Succes-

sors therein mentioned, then and in ail Time thereafter, at the Manor

Place of Wells, or upon the Ground of any other Part of the Lands.

[Prirate.'},

a n Baronies,

28° & 29° VICTORIA, Cap.7.

Miotfs Trust Estate Ad, 1865.

Baronies, and others before specified, by Deliverance of Earth and

Stone of the Ground

thereof,

without the Necessity of any other

Symbol, shall be as valid and sufficient a Seisin for the aforesaid

whole Lands and Baronies, Teinds, and others before mentioned, with

their Pertinents, both principal and warrandice, as if a particular

Seisin were taken upon each Part and Portion

thereof,

albeit they be

separate Tenements, bave divers Dénominations, and lie not con-

tiguous, but in différent Places and Jurisdictions

;

as also ail and whole

the Land of Westlees, with Houses, Biggings, Yards, Tofts, Crofts?

Mosses, Muirs, Meadows, Woods, Fishings, Peats, Turfs, Divots,

and Outsets, Insets, and Pertinents thereof whatsomever, with the

Teinds, Parsonage and Vicarage, of the same, lying within the Parish

of Hobkirk and Sheriffdom of Roxburgh ; and also ail and whole the

Lands and Barony of Bedrule, with the Tower, Fortalice, Manor

Place, Houses, Biggings, Dovecotes, Yards, Orchards, Mills, Multures,

Woods, Fishings, Parts, Pendicles, and Pertinents of the same, ail

and whole the Lands of Fulton, with the Manor Place, Houses,

Biggings, Yards, Pendicles, and Pertinents

thereof,

ail and whole

the Lands of Carrescleugh, Speirrnans Lands, and Ruecastle, with

Houses, Biggings, Parts, Pendicles, and Pertinents

thereof,

ail lying

in the Parish of Bedrule and County of Roxburgh ; which Lands,

together with the Lands of Mensles and Samieston, were united,

erected, and incorporated into One whole and free Barony, called

the Barony of Bedrule, and One Seisin to be taken upon the Ground

of any Part of the said Lands and Barony of Bedrule is ordained to

be sufficient Seisin for ail and sundry the Lands, Barony, and others

respectively above mentioned, notwithstanding the same lie discon-

tiguous, in Terms of and conform to a Charter under the Great Seal

in favors of Sir Thomas Carre of Cavers in Liferent, and the de-

ceased Sir Andrew Carre his Son in Fee, dated the First Day of

December in the Year of our Lord Sixteen hundred and seventy-one,

or as the said Lands, Barony, and others are more particularly de-

scribed and bounded in the ancient Rights and Investitures

thereof,

with the Benefit of any Valuation of the Teinds of the said Lands, or

Decreets of proving the Ténor

thereof,

and ail Right, Title, and

Interest whatever which the deceased John Carre Esquire of Caverç

had or anyways might hâve or prétend in and to the Premise's,

together with ail Right, Title, Interest, Claim of Right, Property, and

Possession, as well petitory as possessory, which the Predecessors,

Cedents, or Authors of the said Sir William Francis Eliott, or

himself,

or his Heirs and Successors, hâve had or any wise might claim or pré-

tend to the Lands, Baronies, and others foresaid, or any Part or Portion

thereof,

but always with and under the several Provisions, Conditions,

Limitations, Restrictions, Clause of Registration in the Register of

Entails, Déclarations, and others contained in the said Deed of Entail :

And whereas by the said Deed of Entail it is, inter alia, specially

provided

28°&2i)° VICTORLE, Cap.l.

EliotfsTrud Estate Ad, 1865.

provided and declared that it shall not be in the Power of any Heir

of Entail who shall succeed to the said Lands and Estâtes to alter,

innovate, change, or add to the Deed of Entail, or to any Deed to

be made by the Entailer with référence thereto, or Order of Suc-

cession therein prescribed ; and it is by the said Deed also specially

provided and declared that it shall not be in the Power of any

Heir of Entail who shall succeed to the said Lands and Estâtes to

sell, alienate, impignorate, or dispone the said Lands and Estâtes,

or any Part

thereof,

either irredeemably or under Reversion, onerously

or gratuitously, nor to grant Feus of any Part

thereof,

nor to gift or

dispose of the same, nor to grant Servitudes affecting the same, nor

to burden the said Lands and others, in whole or in part, with Debt

or Sums of Money, Infeftments or annual Rents, or any other Burden

or Servitude whatever, nor to contract Debts nor grant Deeds whereby

the said Lands and Estâtes may be burdened or evicted from them,

or the said Lands and others affected in any Manner whatever;

and it is further specially provided and declared by the said Deed

of Entail that it shall not be lawful to nor in the Power of any Heir

of Entail who shall succeed to the said Lands and Estate to eut down

or'take away any of the Trees or growing Timber upon any Part of

the said Lands for any Purpose or under any Pretence whatever,

except such Trees as may be in a decayed or declining State, and

such as it may be proper to eut where thinning is essential and

necessary for the Préservation and Improvement of the Woods and

Plantations belonging to the Estate ; and it is further specially de-

clared by the said Deed of Entail that the same is granted by the said

Sir William Francis Eliott under the Réservations and Déclarations

therein engrossed, and with and under such Provisions, Déclarations,

and Conditions as he should thereafter direct and appoint by a Writ-

ing under his Hand at any Time of his Life or even on Deathbed :

And whereas by the said Deed of Entail the said Sir William Francis

Eliott reserved his Liferent of the said Lands and Estâtes, and also

full Power and Liberty to him at any Time in his Life, and even on

Deathbed, not only to alter the said Course and Order of Succession

as to ail the Heirs of Tailzie before specified, and to revoke or alter

ail or any of the Conditions, Provisions, Restrictions, Clause of Regis-

tration in the Register of Entails and others, and to revoke the Dispo-

sition contained in the said Deed of Entail, in whole or in part, at his

Pleasure, but also to sell, alienate, wadset, or dispone the said Lands

and Estate, or any Part

thereof,

or contract Debts thereupon, or even

gratuitously to dispose

thereof,

as he should think proper, and like-

wise to empower or authorize the said lnstitute, or any of the said

Heirs,

or any other Person or Persons whom he should please to

name, to suspend or dispense with the foresaid Conditions, Restric-

tions,

and Clause of Registration in the Register of Entails, or any

of them, after his Death, in the same Manner as he could hâve donc

durino- his Life, ail which Revocations or Altérations so io be made

156 28° & 29° VICTORIA, Cap.7-

iliott',v Trust Estate Act, 1865.

by himself or any otber Person to be appointeà by bim as aforesaid,

sbould be made and done by Writing under tbeir several Hands

respectively, which Writing or Writings sbould be understood and

taken as a Part of tbe said Deed of Entail, and should be as effectuai

to ail Intents and Purposes as if tbe same had been inserted tberein ;

and it is further provided and declared by the said Deed of Entail

tbat in case the same sbould not be revoked or altered by a Writing

under tbe Hand of the said Sir William Francis Eliott, then,

altbougb be should happen to take any Rigbt or Infeftment of the

Lands and Estate thereby disponed, or any Part

tbereof,

to and in

favour of himself and his Heirs and Assignées whomsoever, or to and

in favour of any other Heir tban the Heirs of Tailzie thereby called,

yet the said Deed of Entail should be effectuai against such other

Heirs for compelling tbem to dénude in favour of the Heirs of Tailzie

betfore specified according to the Order and under the Restrictions,

Conditions, Clause of Registration in the Register of Entails, and

others written in the said Deed of Entail ; and the said Deed of

Entail further contains a Procuratory for presenting and producing

the said Deed before the Lords of Council and Session judicially,

and procuring tbe same recorded in the Register of Tailzies, and

expeding Charters, Writs, and others, agreeably to the said Deed, in

Terms of the Act of Parliament in relation to Entails, and other Acts

of Parliament whatsoever ; and the said Deed of Entail further pro-

vides and déclares that the Words " Heir Presumptive " shall mean

the Heir for the Time being next in Succession under the Entail to

" the Heir in possession, that the Words " free Rent " in the Clauses

regarding Provisions in favour of Wives or Husbauds and younger

Children shall be held as if the Words were free Rent or free Value,

that the Word " Lands" shall include ail the Heritable Subjects and

Rights described in the dispositive Clause of the said Deed of Entail,

and shall apply to any Portion as weïï as the whole of such Subjects

and Rights, and the Word " Rents " shall include ail annual Pro-

ceeds and ail Casualties of the said Lands, Baronies, and others ;

the said Deed of Entail further contains Precept of Sasine in com-

mon Form, and other Clauses usual and necessary by the Law of

Trust

Dis-

Scotland in a Deed of strict Entail

And whereas by Trust Dispo-

sition and gition and Deed of getflement dated fae Fourteenth Day of October

Deed ot net- _. , j • i 1 1 i i •

tiraient, One thousand eight hundred and sixty-three, and recorded in the

ûated I4th Books of Council and Session tbe Nineteenth Day of September One

and

régis"-

thousand eight hundred and sixty-four, the said Sir William Francis

tered I9th Eliott, on tbe Narrative that of the Date of the said Trust Disposition

Sept. 1864. and -p^ of Settlement he had executed an Entail of the Lands,

Baronies, and others described in the said Deed, and tbat it was his

Purpose that such Debts and Obligations as he was then owing, and

such as might be due and prestable by him at the Time of his Death,

should be paid out of the Rents of his said Lands as they accrue,

and out of his Personal or Moveable Estate conveyed by the said

Trust

28° & 29° VICTORLE, Cap.7.

Eliott'-s Trust Estate Ad,

ibb5.

Trust Disposition, and Deed of Seulement, and from no other Source

whatever, and that when the Heirs of Entail should be put in posses-

sion of his said Lands and Estate they should be so free of any

Burden or Obligation whatever in respect of his said Debts and Obli-

gations, or in relation thereto ; and in order to carry his said Purposes

into full Execution, and having full Confidence in the Persons after-

named, gave, granted, assigned, disponed, conveyed, and raade over

to and in favour of the said Daniel Eliott and Alexander Eliott,

Colonel

Rawdon, John Popham Vassall presently residing at Culdees

Castle near Auchterarder, Allen Eliott Lockhart of Borthwickbrae,

Roxburghshire, and Jessie Blanche Adélaïde Eliott his eldest Daughter,

presently residing at Culdees Castle aforesaid, and such other Person

or Persons as should be thereafter naraed by him, or as should be

assumed in virtue of the Powers contained in the said Trust Deed, and

to the Acceptors or Acceptor and Survivors and last Survivor of them

the Majority of the Persons above-named, and of those who might be

so named or assumed accepting and surviving at the Time, while

more than One should be alive and acting, being always a Quorum

as Trustées and in trust for the Uses, Ends, and Purposes, with the

Powers, and under the Conditions, Burdens, and Déclarations expressed

in the said Trust Disposition and Deed of Settlement, and to the

Assignées of the said Trustées, heritably and irredeemably, ail and

whole the Lands, Baronies, and others before described and con-

tained in the Deed of Entail herein above set forth, (and which, so

far as not Warrandice Lands, are known as "the Estate of Wells")

together with ail Right, Title, Interest, Claim of Right, Property,

and Possession, as well petitory as possessory, which the Predecessors

of the said Sir William Francis Eliott, or

himself,

or his Cedents or

Authors, Heirs and Successors, had or anywise might claim or pré-

tend to the Lands, Baronies, and others foresaid, or any Part or Por-

tion thereof

;

as also ail and sundry other Lands and Héritages, and

ail Debts and Sums of Money, Heritable and Moveable, Arrears of

Rent, Household Furniture, Goods and Gear, and whole Estate and

Effects, Heritable and Moveable, Real and Personal, which should

belong and be owing to the said Sir William Francis Eliott at the

Time of his Death, wherever the same might be situated, together

with the whole Vouchers and Instructions

thereof,

with the Rights

and Title Deeds of the Lands and other Heritable Subjects disponed

by the said Trust Disposition and Deed of Settlement, and particu-

larly, without Préjudice to the Generality foresaid, the Effects and

Sums of Money which should be enumerated in any Inventory to be

signed by him as relative to the said Trust Deed, which was declared

to be as valid to exclude the Necessity of Confirmation as if every

Particular were inserted in the said Deed, surrogating by the said

Deed and substituting the said Trustées and their foresaids in his

full Right and Place of the Premises, with Power to them or their

[Prirate.] r r Quorum

28° & 29° VICTOR LE, Cap.7.

Quorum immediately after his Death to enter to Possession of the Lands,

Baronies, and others thereby disponed, to rernove Tenants therefrom,

and to let from Year to Year the Mansion House of Wells, with the

Office Houses, Yards, Orchards, Inclosures, Plantings, Woods, and

Policy thereto belonging, and likewise any Part of the Ground adjoin-

ing, not exceeding in whole (in addition to the Woods and Plan-

tations) Two hundred and fifty Acres Scots Measure, and to set

Tacks of the Remainder of the said Lands, Baronies, and others

thereby disponed for any Period not exceeding Nineteen Years, to

insure or cause to be insured such Parts of the Premises as they

might think proper against Loss by Fire, to pay the annual Premiums

and Duties, and ail Public and Parochial Burdens, as also with

Power to his said Trustées or their Quorum to borrow Money

so far only as should be really and truly necessary for carrying

the Purposes of the Trust Deed into exécution, and for no other

Purpose, nor to any further Extent, and to grant Securities for such

Money so authorized to be borrowed upon the Lands, Baronies, and

others thereby disponed, and with Power to his Trustées or their

Quorum to intromit with, sell, and dispose of his whole Personal

Estate thereby conveyed, either by Public Roup or Private Bargain,

and also to sue for Payment of the Debts, Heritable and Moveable,

Real and Personal, which should be due to him at the Time of his

Death, and on Payment to grant Discharges and Conveyances and

every Deed and Writ in relation to the whole Premises and every

Part

thereof,

ail which were thereby declared sufficient to the

Receivers

;

and further, the said Sir William Francis Eliott by the

said Trust Disposition and Deed of Seulement nominated and ap-

pointed his said Trustées to be his sole and only Executors and

Intromitters with his whole Personal Estate and Effects thereby con-

veyed, with Power to them to give up Inventories, and to confirm

ail or any Part

thereof,

if necessary, but in trust always for the Uses,

Ends,

and Purposes, and under the Conditions therein mentioned, viz.,

first, for Payment of his the said Truster's Deathbed and Funeral

Expenses, and of the Expenses attending the Execution of the Trust,

and also the Expense of recording the aforesaid Deed of Entail,

which the said Trustées were thereby authorized to cause to be duly

recorded in case the same should not be done by him the said

Truster in his Lifetime ; second, for Payment to the Institute

and Heirs of Entail who should succeed to him in virtue of the

aforesaid Deed of Entail in the Order prescribed by that Deed

of an Annuity of One hundred Pounds Sterling at Two Terms in

the Year, Whitsunday and Martinmas, by equal Portions, during

ail the Days of their respective Lives, or until bis the Truster's

whole Debts and Obligations which should be resting, owing, and

exigible at his Death, and ail Interest

thereof,

and the whole other

Purposes of the Trust, except his eldest Son's Liferent of the

free

28^

& 29° VICTORI

JE,

Cap.7.

Eliott's Trust E.state Art, Ibbo.

free Rents should hâve been answered and paid in manner men-

tioned in said Trust Deed, beginning the First Term's Payaient

of the said Annuity at the First Term of Whitsunday or Martin-

mas that should happen next after the Truster's Death, and con-

tinuing the Payment thereof at each of the said Terms, so. long as

the same should be exigible, with Interest and Penalty, as Use is ;

and it is by the said Trust Disposition and Deed of Seulement farther

declared that if the said whole Debts, Obligations, Interest, and Pur-

poses,

except as aforesaid, should be so answered and paid during the

Life of the said Institute, or the Life of any of the said Heirs of

Entail respectively, the said Annuity should thereupon cease for ever,

but that otherwise it should continue payable during ail the Days of

the Lives of the Institute and the Heirs of Entail respectively until

the said whole Debts, Obligations, Interests, and Purposes, except as

aforesaid, should be so answered and paid ; third, for Payment to his

Grandson the said

George

Augustus Cuming Eliott of a like Annuity

of One hundred Pounds Sterling at Two Terms in the Year, Whitsun-

day &nà Martinmas, by equal Portions during ail the Days of his Life, in

manner mentioned in said Trust Deed, beginning the First Term's Pay-

ment of Fifty Pounds

Sterling,

being One Moietv of the said Annuity, at

the First Term of Whitsunday or Martinmas that should happen next

after his Death, for the Half Year up to tbat Term, although short of

Half a Year, and the next Term's Payment of Fifty Pounds Sterling

at the Term of Martinmas or Whitsunday next thereafter, and con-

tinuing the like Payments at each of the said Terms thereafter

during the said George Augustus Cuming Eliott's Life thereafter,

with the légal Interest of each termly Payment from the Time when

it shall become payable until paid, and a Fifth Part more of each

termly Payment of liquidate Penalty in case of Failure, and it was

further provided and appointed by the said Trust Deed that before

bringiug the Trust to a Close, the Trustées should, out of the Funds

coming into their Hands in virtue

thereof,

purchase in the Govern-

ment Funds an Annuity of One hundred Pounds Sterling, to be

payable to the said George Augustus Cuming Eliott after the

Trust should be brought to a Close ; fourtb, for Paymeut of

ail the just and lawful Debts and Obligations then due and owing by

the Truster, the said Sir William Francis Eliott, or which should bc

due and owing by him at the Time of his Death, and ail Bonds of

Provision in favour of his younger Children and others already

granted or to be granted by him subséquent to the Date of the said

Trust Deed; fifth, for Payment of such Legacies as he should

give or bequeath by any Codicil or Probative Writing which might

after the Date of said Trust Deed be executed by him at any Time

in his Life ; and he further thereby authorized and appointed his

said Trustées to apply the Rents of his Lands, Baronies, and others

thereby disponed, together with any other Funds which they might

recover

28°&2Î) VICTORLE, Cap.7.

Miotes Trust Estate Ad, 1865.

recover in virtue

thereof,

towards the Payment of his Debts, Obliga-

tions,

and others aforesaid, and such Interest as might become due

thereon, and for the other Purposes aforesaid ; and he thereby

expressly declared and enjoined that the Trust constituted by the

said Trust Disposition and Deed of Seulement should subsist and

endure until his whole Debts and Obligations resting owing and

exigible at the Period of his Death, and ail Interest then due and

thereafter to become due thereon, and the whole other Purposes

aforesaid, should hâve been answered and paid out of the said Rents

of his Lands, Baronies, and others thereby disponed, and out of his

Personal or Moveable Estate also thereby conveyed, and out of no

other Source or Fund whatever, and, if his Son William Francis

Augustus Eliott be then alive, during ail the Days of his Life

thereafter ; and he the said Truster thereby expressly enjoined upon

his said Trustées to disregard and to hold as null every Transaction

or Device whereby the Institute or Heirs entitled to succeed to

his said Lands, Baronies, and others might attempt to raise Money

on the Security of said Lands, Baronies, and others, or on the

Security of any other Lands, Baronies, and others, for the Purpose of

paying off the raid Debts and Obligations, or any Part

thereof,

whether of les? or greater Amount, or for answering the other

Purposes of the said Trust or any Part thereof ; and he further

thereby declared that ail and every such attempted Transactions

and Devices, Transaction and Device, and ail Deeds or Writings

whatsoever to be granted or executed in promotion of such attempted

Transactions and Devices should be eo ipso and the same were

thereby declared to be absolutely null and void, and of no Avail,

Force, Strengtb, or Effect whatever, any Law or Custom to the

contrary notwithstanding ; and he further thereby expressly provided

and declared that if there should remain in the Hands of the said

Trustées at any Time any Sum unapplied they should hâve full

Power to lend out the same on such Security as to them should seera

proper, bearing Interest, or from Time to Time, until such Balances

as might be in their Hands unapplied could be conveniently and

properly lent out or applied iu paying off Debt, to lodge the same in

the Bank of Scotland or any other Bank, as to them should seem meet,

at such Rate of Interest as can be got therefor ; and he further thereby

expressly prohibited his said Trustées from having recourse to a Sale

of any Part of his Lands, Baronies, and others thereby disponed, and

he thereby declared it to be his fixed Purpose and earnest Désire, and

the-great Object of the said Trust Disposition and Deed of Settlement,

that the said Debts, Obligations, and others should be liquidated,

paid, and discharged solely out of the Rents of his said Lands,

Baronies, and others, and out of his Moveable and Personal Estate, and

out of no other Source whatsoever ; and he further declared and

appointed by the said Trust Deed, but subject always to the Con-

tinuation

28° & 29° VICTORLE, Cajj.7.

EbiotU Trmt Kstate Ad, lts65.

tinuation of the Trust during the Life of his eldest Son as therein-

after written, that when the Funds which the said Trustées should

hâve in their Hands without having recourse to any sucb Sale as

was prohibited by the said Trust Deed should be sufficient for the

Extinction of his whole Debts and Obligations, and Interest

thereof,

and for the other Purposes aforesaid, his said Trustées should

thereupon bring the Affairs of the Trust to as speedy a Termination

as possible, so that they might be in a Situation to dénude of the said

Trust as therein directed; and his said Trustées were thereby

appointed, but subject to the Continuance of the Trust during the

Life of his the Truster's eldest Son as aforesaid, after Payaient of his

said Debts and Obligations and Interest

thereof,

and f'ulfilling the

whole other Purposes of the Trust, to account for and pay over the

clear Balance in their Hands to the Institute or Heir entitled to

succeed to his the said Truster's Lands, Baronies, and others, in

Terms of the Deed of Entail before-mentioned, provided such Heir

be major at the Time, but if such Heir shall then be under Age it was

thereby declared that the Trust should subsist until he or she, or any

minor Heir or Heirs who might succeed to him or her, should hâve

attained to Majority, declaring further that in such Case it should

be in the Power of his said Trustées, if they should judge it proper

and expédient, after his whole Debts and Obligations were extin-

guished, to pay such Heir till he or she should hâve attained to

Majority an Annuity not exceeding One Fourth of the free yearly

Rent of his said Lands, Baronies, and others thereby disponed, and

upon such Heir attaining Majority his said Trustées were directed by

the said Trust Deed to account for and pay over to him or her

the clear Balance in their Hands after Pay ment of his the said

Truster's Debts and Obligations, and fulfilling the whole other

Purposes of the said Trust ; and it was further provided and

declared by the said Trust Deed, that during the Subsistence of the

Trust it should be in the Power of the said Trustées, if they should

think fit, to permit the Institute or Heir of Entail entitled to

succeed to his Lands, Baronies, and others, in Terms of the Deed

of Entail before mentioned to possess the Mansion House of Wells,

with the Office Houses, Yards, Orchards, Inclosures, Plantings,

Woods, and Policy thereto belonging, and likewise any Part of the

Ground adjoining, not exceeding in the whole (in addition to the

Woods and Plantations) Two hundred and fifty Acres Scotch Measure,

and that Rent-free, but only for such Space as the said Trustées

should think proper, and upon condition that the said Institute. or

Heirs should severally be bound during their respective Possessions

to keep and préserve the whole Premises in constant good and

sufficient Order, Condition, and Repair, and upon no account

whatever should they be allowed to eut any of the Woods, Plantings,

or Trees, except in so far as should appear to the said Trustées to be

necessarv, and with their spécial Approbation, for repairing the said

[Private.) s .V Mansion

28° & 29° VICTORIA, Cap.7.

Eliott* Trust Edate Ad, 1865.

Mansion House, Offices, and Inclosures, and in accordance with

the Terras of the said Deed of Entail ; and it was further

declared by the said Trust Deed that the said Trustées should

be bound, while they let from Year to Year the said Mansion

House of Wells, with the Office Houses, Yards, Orchards, Inclo-

sures,

Plantings, Woods, and Policy thereto belonging, to keep

and préserve the whole thereof in constant, good, and sufficient

Order, Condition, and Repair, and upon no account whatever

to eut any of the Woods, Plantings, or Trees, except in accord-

ance with the Terms of the said Deed of Entail, and should

also be bound to keep and préserve, or by proper Leases or

otherwise cause to be kept and preserved, the whole Farm Houses,

Steadings, Buildings, Fences, Ditches, and others on the Lands

disponed by the said Trust Deed in constant good and sufficient

Order and Condition and Repair during the Subsistence of the

Trust

;

and it was further declared that if, during the Subsistence of

the Trust, or prior to the Trustées entering on the Execution of their

Office, the Institute or Heir for the Time entitled to succeed under

the foresaid Deed of Entail should marry or should die leaving a

Widow, it should be in the Power of the said Trustées to provide and

secure the Widow of such Institute or Heir an Annuity not exceeding

One hundred Pounds Sterling payable out of the said Lands,

Baronies, and others, while the Trust remained in opération ; and

further, it was expressly provided and declared that the said Trust

should subsist and endure, not only until his the said Truster's whole

Debts and Obligations resting owing and exigible at the Period of hiâ

Death, and ail Interest then due and thereafter to become due thereon^

and the whole other Purposes of said Trust, should hâve been answered

and paid out of the Rents of his said Lands, Baronies, and others

and out of his Personal or Moveable Estate, and out of no other

Source or Fund whatever, but also in the event of the said Truster's

eldest Son, the said William Francis Augustus Eliott, being then

alive, then during the whole Days and Years of his Life thereafter^

and in the event of the said William Francis Augustus Eliott

surviving the Period when the said Debts and Obligations and

Interest should hâve been answered and paid as aforesaid, from thé

Sources above spêcified, and the other Purposes of the said Trust

should hâve been fulfilled, the said Truster directed and appointed h'à

said Trustées to account for and pay over to the said William Francis

Augustus Eliott the clear Balance in their Hands, and thereaftet

to.

hold the said Lands, Baronies, and others under Trust during

ail the Days and Years of the Life thereafter of the said Williark

Francis Augustus Eliott, and to account for and pay over to hini

periodically during his Life thereafter, in lieu of the said Sum of

One hundred Pounds Sterling which should then cease for

evef1,

ail and whole the whole free Rents of the said Lands, Baronies and

others, by equal Portions half-yearly, beginning the First Pay ment

28° & 29° VICTORIA, Cap.7.

Eliott* Trttfit Estate Art, 1865.

of the same at the First Terra of Whitsunday or Martinmas which

should arrive after the said Debts and Obligations should bave been

paid and satisfied, and the other Purposes of the said Trust Deed,

except the Payaient of said free Rents, should hâve been fulfilled,

and the next Payment at the immediately succeeding Term of Whit-

sunday or Martinmas, and so on at every Term of Whitsunday or

Martinmas thereafter during ail the Days and Years of the Life

of the said William Francis Augustus Eliott, or as soon after the

said Terrns of Whitsunday and Martinmas as the Collection of the

Rents will permit, declaring that every Payment of the said free

Rents to the said William Francis Augustus Eliott should be

alimentary only, and that the said Rents should not be assignable

by him, and should not be attachable for his Debts or Deeds in any

way, and that the said Trustées should be bound to pay the same

on his Receipt alone, and are by the said Trust Deed debarred

from paying the same on the Receipt of any other Party whatever ;

and in the event of said free Rents becoming payable as aforesaid

to the said William Francis Augustus Eliott, the said Truster

expressly declared and enjoined that the said Trust should subsist

and endure till the Death of the said William Francis Augustus

Eliott, and on the Arrivai of that Event the said Trustées should

bring the Affairs of the said Trust to as speedy a Termination as

possible in Terms of the said Trust Deed ; and it was further

expressly provided and declared by the said Trust Deed that

wherever Référence was made therein, or in the relative Deed of

Entail, to the Institute under said Entail, his the Truster's eldest

Son, the said William Francis Augustus Eliott, should by his

receiving the aforesaid Annuity of One hundred Pounds, or any

other Benefit under the Trust, be held as sufficiently denoted as

possessing that Character of Institute, and should thereupon be

bound to fulril ail the Obligations incumbent on the Institute by

the said Deed of Entail, and such Character should not infer any

Ground for his assuming any higher Rights than are conferred by

the said Trust Deed on him, but the same should be controlled

and governed by the said Trust Deed, any Law or Practice to the

contrary notwithstanding ; and it was further provided and declared

tbat when the whole Purposes of the Trust should be fully answered,

the said Trustées were to divest themselves of his the Truster's

Estate, Funds, and Effects conveyed by said Trust Deed, and to

renounce the Rights standing in their Persons in favour of the Heir

appointed to succeed to the Truster's said Lands and Estate by the

Deed of Entail before mentioned, and with and under the whole

Conditions, Limitations, and Clause of Registration in the Register

of Eatails therein expressed, provided always, that such Heir be

major at the Time, and failing

thereof,

then on such Heir reaching

Majority ; and which Trust Disposition and Deed of Settlement also

contains

IM 28° & 29° VICTORIA, Cap.7.

~Êliotfs Trust Estate Ad, 1865.

contains a Déclaration that the Majority of the said Trustées should

be a Quorum, that they should not be liable for Omissions, nor

singnli in solidum, with Power to them to assume new Trustées,

a Réservation in favour of the said Truster of full Power at any

Time of his Life, and even on Deathbed, to add to the said Trust

Disposition and Deed of Settlement, and to alter or innovate the

same in whole or in part, and to revoke the same, or burden the

Deed of

Con-

Preraises, as he should think proper, and other usual Clauses

And

vejance and whereas by a Deed of Conveyance and Instructions, dated the

dated I4th ' Fourteenth Day of May One thousand eight hundred and sixty-four,

May,

and

re-

an(j recorded in the Books of Council and Session the Nineteenth

Iept.r<l864. Day of September One thousand eight hundred and sixty-four, the

said Sir William Francis Eliott, on the Narrative that he had

recently purchased the Estate of Easter Fodderlie and Pertinents

situated in the Parish of Hobkirk and County of Roxburgh, and

that it was his Désire that the same should be held by the Heirs of

Entail succeeding to him, under the same Fetters and Conditions as

are contained in the above-mentioned Deed of Entail of the Estate

of Wells executed by him upon the Eourteenth Day of October

Eighteen hundred and sixty-three Years, and that the same should

be conveyed to the same Trustées, with the same Powers, and under

the same Conditions, Stipulations, Obligations, and Immunities as.

are contained in the above-mentioned Trust Disposition and Deed

of Settlement executed by him of the Estate of Wells in favour of

the said Daniel Eliott his Brother, and others, the said Sir William

Francis Eliott gave, granted, assigned, disponed, conveyed, and

made over to and in favour of the said Daniel Eliott, Rawdon John

Popham Vassall, Allan Eliott Lockhart, Alexander Eliott, and

Jessie Blanche Adélaïde Eliott, and such other Persons or Person

as should be thereafter named by him, or as should be assumed in

virtue of the Powers written in the foresaid Trust Disposition and

Deed of Settlement, and to the Acceptors or Acceptor and Sur-

vivors and last Survivor of them, the Majority of the Persons above

named, and of those who might be named accepting and surviving

at the Time, while more than One should be alive and acting, being

thereby declared to be always a Quorum as Trustées and in trust

for the Uses, Ends, and Purposes, with the Powers, and under the

Conditions, Burdens, and Déclarations expressed in the said Trust

Disposition and Deed of Settlement, and to the Assignées of the

said Trustées, heritably and irredeemably, ail and whole the foresaid

Estate of Easter Fodderlie, declaring that the said Conveyance

should hâve the same Effect as if the Lands thereby disponed had

been disponed by the foresaid Trust Disposition and Deed of Settle-

ment in favour of the said Trustées ; and the said Sir William

Francis Eliott thereby directed the said Trustées to hold the said

Estate of Easter Fodderlie in the same Manner, for behoof of the

same

28° & 29° VICTORLE, Cap.7. 165

Eliott's Trust Estate Act, 1865.

same Parties, during the same Period or Periods, and under the same

Conditions, Stipulations, and others, as are set forth in relation to

the said Estate of Wells in the Trust Disposition and Deed of

Settlement before mentioned, and on the said Trustées denuding

of the said Estate of Wells, in Terms of the Instructions contained

in the said Trust Disposition and Deed of Settlement, lie directed

the said Trustées at the same Time to convey the said Estate of

Easter Fodderlie to the same Parties in whose Favour they should

so dénude of the Estate of Wells, and under the same Conditions

and Stipulations, and for that Purpose to exécute a Deed of strict

Entail of the said Estate of Easter Fodderlie in ail respects conform

to the Deed of Entail of the Estate of Wells as aforesaid executed

by the said Sir William Francis Eliott, it being his Intention that

the said Lands and others disponed by the said Deed of Conveyance

be held under the same strict Conditions of Entail as are applicable

to the said Estate of Wells under the said Entail

thereof,

and he

entreated his said Trustées to see the said Direction carried out in

the strictest and most formai Manner that they might be advised

is possible

And whereas by a Deed of Déclaration dated thé First Deed

Day of August One thousand eight hundred and sixty-four, and Déclaration

recorded in the Books of Council and Session the Nineteenth Day AU. and

of September One thousand eight hundred and sixty-four, the said registercd

Sir William Francis Eliott, on the Narrative that he had executed 18gl, ' q't-

the above-mentioned Deed of Entail of the Estate of Wells in favour

of the said William Francis Augustus Eliott his eldest Son, and

the Heirs Maie of his Body, whom failing, to the other Heirs and

in the Order written in the said Deed of Entail, and that he had

likewise executed the above-mentioned Trust Disposition and Deed

of Settlement conveying the said Estate of Wells, and also his

Personal and Moveable Estate, to and in favour of the said Daniel

Eliott and others therein mentioned, and to the Acceptors or

Acceptor, Survivors or Survivor of them, as Trustées, for the Ends,

Uses,

and Purposes, with the Powers, and under the Conditions,

Burdens, and Déclarations therein expresscd, for the Purpose of

paying the Debts and Obligations which should be due and prestable

by him at the Time of his Death, and for the other Purposes set

forth in the said Trust Disposition and Deed of Settlement, and on

the further Narrative that since the Date of the said last-mentioned

Deed he the said Sir William Francis Eliott had acquired the

Estate of Easter Fodderlie, and that he had conveyed the same to

the said Trustées, to be disposed of in Terms of the said Trust

Disposition and Deed of Settlement conform to the above-mentioned

Deed of Conveyance and Instructions, and which Estate of Easter

Fodderlie would thus fall under the Opération of the said Trust

Disposition and Deed of Settlement, and on the further Narrative

that it was his the said Sir William Francis Eliott's Purpose and

Priva te.]

f f Intention

28°

29° VICTORIA, Cap.7.

E^dott^Trust Estate Act, 1865.

Intention that the said Trust Deed should corne into opération

immediately upon bis Death, and that the Opération of the said

Deed of Entail, in so far as it might be held to confer any im-

médiate Right as to the Rents, Income, and Management of the

said Estate of Wells in the Heirs therein nominated, other than

the Rights provided by the said Trust Deed, should be suspended

until the Purposes of the said Trust should be fully impleraented

and carried out, declared that his Purpose and Intention was

that the Opération of the said Entail in so far as aforesaid should

be suspended, and he tbereby suspended the same accordingly,

aye and until the said Trust should be fully carried out, and that

the said Estate of Wells should be under the Administration of

his said Trustées, to be disposed of as directed in the said Trust

Disposition and Deed of Seulement : And whereas the said Sir

William Francis Eliott died on or about the Third Day of September

One thousand eight hundred and sixty-four : And whereas of the

whole Trustées nominated and appointed as aforesaid the said

Rawdon John Popham Vassall and Jessie Blanche Adélaïde Eliott are

the only accepting acting Trustées under the said Trust Disposi-

tion and Deed of Seulement and relative Deeds above recited, and

they hâve accordingly entered into the Possession and Management

of the said Estâtes of Wells and Easter Fodderlie above described :

And whereas the said Sir William Francis Eliott died possessed of

no Heritable Estate other than the said Estâtes oî Wells and Easter

Fodderlie, and an annual Payment of Fifty-six Pounds Eight Shil-

lings and Sevenpence heritably secured to him and his Heirs over the

Estate of Stobs in the said County of Roxburgh : And whereas, prior

to the Execution of the foresaid Deed of Entail and Trust Disposition

and Deed of Settlement, the said Estate of Wells was burdened and

affected with certain Debts and Obligations heritably secured over

the same, and which are still undischarged, which Debts and Obli-

gations amount to the Sum of Sixty-one thousand Pounds, exclusive

of Interest (as more fully set forth in Schedule A. to this Act an-

nexed) : And whereas the said Estate of Easter Fodderlie is burdened

and affected with certain Debts and Obligations heritably secured

over the same, and which are still undischarged, which Debts and

Obligations amount to the Sum of Five thousand Pounds, exclusive

of Interest (as also more fully set forth in the said Schedule A.) :

And whereas the said Sir William Francis Eliott by his said Trust

Disposition and Deed of Settlement appointed his Trustées therein

named to pay certain Annuities as herein-above recited, and he also

granted certain Bonds of Provision in favour of his younger Children

and others, the Value of which Annuities, and the Sums payable

under which Bonds of Provision, amount to the Sum of Thirty-four

thousand four hundred and seventy Pounds Eight Shillings and

Eourpence (ail as more fully set forth in Schedule B. to this Act

anncxcd):

28° & 29° VICTORIA, Cap.7.

Mioth Trust Edate Act,

lb65.

annexed)

And whereas the said Annuities, together with the Interest

payable to the Creditors under the said Bonds and Obligations,

amount to the annual Sum of Four thousand three hundred

Pounds (as more fully set forth in Schedule C. to this Act annexed) :

And whereas the said Sir William Francis Eliott had also incurred

and was due personal Debts to various Persons, which, with his

Deathbed and Funeral Expenses, amount to the Sum of Three

thousand six hundred and forty-three Pounds (as set forth in

Schedule

D. to this Act annexed): And whereas Claims upon the

Estate of the said Sir William Francis Eliott for other Debts alleged

to hâve been due by hîm hâve been intimated to the said Trustées,

amounting to the Sum of Ten thousand one hundred and fifty-

eight Pounds Sixteen Shillings and Ninepence (as set forth in Sche-

dule E. to this Act annexed) ; but the Accuracy or Justice of such

Claims is not admitted by the said Trustées : And whereas the said

Debts and Obligations due, incurred, or created by the said Sir

William Francis Eliott, or claimed against his Estate as aforesaid,

which amount in the whole to the Sum of One hundred and four-

teen thousand two hundred and seventy-two Pounds Five Shillings

and One Penny (as more fully set forth in Schedule F. to this Act

annexed), affect or may be made to affect the said Estâtes of Wells

and Easter Fodderlie, which are or may be liable to be adjudged and

evicted for Payment and Satisfaction of the said Debts and Obliga-

tions,

and the Interest due and to become due thereon, with the

Costs,

accumulated Interest, and Penalties allowed by the Law of

Scotland in such Cases, to the great Hurt and Préjudice of the

Institute and the Heirs of Entail entitled to succeed to hiin in the

said Estâtes

And whereas the Moveable or Personal Estate conveyed

to the Trustées under the Trust Disposition and Deed of Seulement

of the said Sir William Francis Eliott will not produce more than

the Sum of Six thousand eight hundred and sixty-two Pounds

Twelve Shillings (as more fully set forth in Schedule G. to this Act

annexed): And whereas the yearly Rents of the said Estâtes of

Wells and Easter Fodderlie, and the said annual Payment secured

over the said Estate of S/obs, amount to the Sum of Three thousand

three hundred and seventy-two Pounds One Shilling and Sevenpence

(as more fully set forth in Schedule H. to this Act annexed) : And

whereas it is declared by the said Trust Disposition and Deed of

Seulement to be the fixed Purpose and earnest Désire of the said Sir

William Francis Eliott, and the great Object of the said Trust Dispo-

sition and Deed of Settlement, that his Debts and Obligations should

be liquidated, paid, and discharged solely out of the Rents of his

Heritable Estâtes thereby disponed, and out of his Moveable and

Personal Estate also thereby conveyed, and out of no other Source

whatever

And whereas the said Moveable and Personal Estate and

the Rents of the said Heritable Estâtes are together quite inadéquate

28° & 29° VICTORIA, Cap.7.

~Eliotts Trust Estate Ad, 1865.

to the Payaient or Liquidation of the said Debts and Obligations,

and the same must be provided for out of the Fee or Corpus of the

said Heritable Estâtes, but by reason of the Provisions of the said

Deed of Entail and the said Trust Disposition and Deed of Seule-

ment it is not compétent for the said Trustées to pay or liquidate

the said Debts and Obligations by a Sale of any Part of the said

Estâtes of Wells and Easter

Fodderlie :

And whereas it is expected

tbat by the Sale of a Portion of the said Heritable Estâtes the said

Debts and Obligations could bc paid off or reduced to-such an

Amount as might, within a reasonable Time, be liquidated out of the

accumulating Rents of the Portion of such Estâtes remaining uDSold,

thus fulfilling, as nearly as possible, the Wishes and Directions of

the said Sir William Francis Eliott

And whereas it will be for the

Advantage of the Creditors and other Parties interested in the said

Debts and Obligations, as well as of the said Institute and the Heirs

of Entail entitled to succecd to him, that certain Parts of the said

Heritable Estâtes herein-after mentioned should, in the first instance,

be sold, and the Price or Proceeds thereof be applied in Extinction or

Payaient pro tanto of the said Debts and Obligations : And whereas

it would be for the Advantage of the said Institute, and the Heirs

of Entail entitled to succeed to him, that the Parts of the said

Heritable Estâtes to be sold in the first instance should be such as

lie most discontiguous to the Mansion House of Wells : And whereas

such Object may be attained by the Sale of the Part of the said

Estate of Wells known as the Barony of Hadden, and also, if found

necessary, of the said Estate of Easter

Fodderlie

; and it is expédient

that Powers should accordingly be given to the said Trustées to sell

the said Barony of Hadden in the first instance, and, if they shall

deem it necessary, the said Estate of Easter Fodderlie : And whereas,

although it is the Wish and Intention of the said Trustées to préserve

the said Estate of Wells (other than the Barony of Hadden) for

the Heirs of Entail entitled to succeed thereto, by clearing off the

remaining Debts and Obligations of the said Sir William Francis

Eliott out of the accumulating Rents of or Income arising from the

said Estate, it may nevertheless be found that such Object cannot

be attained within a reasonable Time, and it is therefore expédient

that Power should also be given to the said Trustées to sell the

whole of the said Estate of Wells, or such Part thereof as they may

deem necessary : But thèse Objects cannot be attained without the

Authority of Parliament : May it therefore please Your Majesty,

upon the humble Pétition of the said Rawdon John Popham Vassall

and Jessie Blanche Adélaïde Eliott, as Trustées aforesaid, that it

may be enacted ; and be it enacted by the Queen's most Excellent

Majesty, by and with the Advice and Consent of the Lords Spiritual

and Temporal, and Commons, in this présent Parliament assembled,

and by the Authority of the same, as follows ; that is to say,

The

2S"&29°VICT()RI.Ï, OIJ,.7. 16»

EIUÀU

Trust Asiate Act, lbby.

The said Rawdon John Popham Vassall and Jessie Blanche Présent or

Adélaïde Eliott, or the Trustées acting at the Time ofthe passing of ^turciltti"g

this Act under the said Trust Disposition and Deed of Seulement Si^S™.

of the said Sir William Francis Eliott, and any new Trustée or *Xan,!is

Trustées who may be assumed under the Power to that Effect con- jS!nte7"

tained in the said Trust Disposition and Deed of Seulement, and the Trustées to

Survivor of them, (the Majority of such Trustées for the Time, when Act'Intï

more than Two, being always a Quorum,) shall also be the Trustées exécution.

for carrying this Act into exécution, and are herein-after called " the

Trustées."

It shall be lawful for the Trustées, subject to the Provisions Power toseii

herein contained, to sell in the first instance the Part of the said of^dden8

Estate of Wells known as the Barony of Hadden, and herein-after and Kaster

called " the Estate of Hadden" and also, if deemed necessary by the Fodderlie-

Trustées, the said Estate of Easler Fodderlie, which Estâtes respec-

tively are described in the Schedule I. hereunto annexed.

In the event of it being found by the Trustées that after a Sale Power

to sell

ofthe said Estâtes of Hadden and Easter Fodderlie the annual Rent S?,?8*?.10 of

or Income arising from the Remainder of the said Estate of Wells deemed ne-

(herein-after called the " Estate of Wells") is not sufficient to produce cessary.

a Sinking Fund out of which the Debts and Obligations of the said Sir

William Francis Eliott remaining due and unpaid may gradually and

witbin a reasonable Time, as herein-after specified, be paid off and

discharged, it shall be lawful for the Trustées, subject to the Provi-

sions herein contained, to sell ali or any Part of the Estate of Wells:

Provided always, that the Trustées shall not sell more of the Estate

of Wells than may be sufficient to reduce the Charges on the Re-

mainder to such Extent as to render the Income from such Remainder

sufficient to pay the Interest on the reduced Charges and for the

Formation of a Sinking Fund for the Purpose above specified, and

that it shall not be compétent for the Institute or any other of the

said Heirs of Entail to compel the Trustées, by Action at Law or

otherwise, to sell more of the said Estate than appears to the Trustées

to be expédient, except as herein-after provided.

The Trustées may apply to the Court of Session in Scotland Application

by a Pétition, to be presented in Time of Session to the Junior Lord J°

J',^"^

Ordinary officiating in the Outer House of the said Court, or in Ordinary of

Vacation to the Lord Ordinary officiating on the Bills (and which ^V™"Jo*f

Lords Ordinary are herein-after called and referred to as " the Lord w^U'it to

Ordinary

"),

to authorize the Sale of the said Estâtes, or any of them sell Land.

or any Part

thereof,

and the Lord Ordinary, by Interlocutors or

Judgments, shall order or direct that the Lands referred to in such

Pétition shall be sold by Public Auction.

[Private.] H U 5- At

170

On Expiry

ofFiveYears

the Institute

or Heir of

Entail may

apply to the

Lord Ordi-

nary to exa-

mine Ac-

counts, who

may order a

further Sale

of Land, so

as Debts

may

be paid off on

or before

llthNov.

1886.

The Lord

Ordinary to

take Evi-

dence of

Value of

Land to be

sold by pub-

lic Auction.

28° &

29"

VICTORLE, Cap.7.

~~ Miott's Trust Mstate Ad, 1865.

At any Time or Times after the Expiry of Five Years from the

passing of this Act it shall be compétent for the said Sir William

Francis Augustus Eliott, or his Heirs and Successors in the Estate

of Wells, to apply by Pétition to the Lord Ordinary to order the

Trustées to exhibit and produce to the Lord Ordinary the whole

Accounts and Vouchers of every Description relating to the Trust,

and ail Papers of every Kind showing the State of their Intromissions

and Management; and if it shall appear to the Lord Ordinary, on

such Accounts and on such other Evidence as shall be offered, that

there is no reasonable Prospect of the Debts affecting the Estate of

Wells, or such Part thereof as may then remain unsold, being fully

paid and extinguished out of the Rents of the said Estate and out

of the Moveable and Personal Estate of the said Sir William Francis

Eliott, or by any other Means, on or before the Eleventh Day of

November One thousand eight hundred and eighty-six, it shall be

compétent for the Lord Ordinary to order such further Portion of

the said Estate then remaining in the Hands of the Trustées to

be sold as the Lord Ordinary shall consider necessarj' to secure

the Payment and Extinction of the said Debts on or before the

said Eleventh Day of November One thousand eight hundred and

eighty-six.

6. Before any such Sales are carried into exécution the Lord

Ordinary is hereby authorized and required, by

himself,

or by any

other of the Lords Ordinary of the said Court, to take Evidence of

the Value of the said Estâtes hereby authorized to be sold, or of the

Portion thereof referred to in any Pétition for Sale presented as afore-

said

;

and the Lord Ordinary shall fix the several Priées or Sums

of Money at whieh the same ought to be set up and exposed to

Public Auction to the highest Offerer ; and for that Purpose the

Lord Ordinary is hereby empowered to direct such Notices and

Advertisements to be made and given as lie may deem necessary for

publishing any Auction and Sale of the said Estâtes, or of any Part

thereof,

so intended to be sold, (provided always, that it shall not be

necessary to obtain the Consent or Consents of the Institute, or any

Heir of Entail or other Person interested in the Succession to the

said Lands, to the said Sale,) and to adjust the Conditions and

Articles of such Auction and Sale, and authorize the Lands to be dis-

posed of, either in whole or in such Parcels or Lots as may or shall

to the Lord Ordinary appear best.

Lord Ordi- 7. It shall be lawful to the Lord Ordinary to adjudge the said

narytoad- Estâtes, or such Parts or Portions of the same as shall or may be

judge Lands ,, , ,, , , • -r. , - >

Pur- sold, to the several and respective Purchasers, when and so soon as

chaserson such Purchasers shall severally hâve completed their Purcbase by

Priées being

payment

or Consignation of the full Pricc or Priées at or for which

they

28° & 29° V1CTORLE, Cnp.l. 1J1

Eliotf.s Trust Edate Act, 1^65.

they shall or mayhave purchased the same, into the Bank of Scotland, paid or con-

the Royal Bank of Scotland, the Bank of the British Linen Company

siened

of Scotland, the Commercial Bank of Scotland, or the National Bank B&nk'

of Scotland, or such of them to whom the Lord Ordinary may order

Payment or Consignation to be made, without Fee or Reward, to be

placed to an Account to be raised in the Books of one or other of the

said Banks in the Name of the Trustées, and to be operated on only

under the Orders of the Lord Ordinary or of the said Court, and

which Mornes shall, when so paid in, produce the highest Interest

that can be obtained for the same, which Interest shall be annually

accumulated and added to the Principal Sum

itself,

to carry Interest

together until applied by a Warrant or Warrants of the said Court

for the Purposes of this Act; and the Lord Ordinary is hereby

authorized to pronounce such Interlocutor or Interlocutors, and to

order and hold ail such further and other Proceedings, as to him shall

appear to be necessary for carrying any Sale under this Act into

exécution, and for Protection of the Interests of the Creditors and of

ail others concerned.

8. The Purchasers under the Authority of this Act, their Heirs Purchasers,

and Assignées, shall, by the Decrees of Sale, and upon full Payment on l'^y^S or

or Consignation of the Price for which they shall respectively purchase priées, to°

to such Person as they shall by the Articles and Conditions of Sale î*avc |ood

be taken bound to pay or consign such Price, hâve good aud un-

from

jn_

doubted Rights to the Lands so to be purchased in Fee Simple, freed cumbrances.

and disburdened for ever from ail the Debts, Deeds, and Obligations

of the said Sir William Francis Eliott or his Predecessors, or any of

them, and freed from the Fetters and Conditions of the said Deed of

Entail, and the whole Provisions, Conditions, and Déclarations con-

tained in the said Trust Disposition and Deed of Settlement and other

Deeds above recited, and from every other Incumbrance, Defect of

Title,

or Ground of Eviction whatever, and freed and secured against

ail Challenge or Ground of Eviction whatever at the Instance of the

Institute and Heirs of Entail of the said Estâtes who might succeed

thereto under the Destination herein-before expressed, or any of them.

onveyances

9. It shall be lawful for the Trustées and they are hereby ordered Trustées

and required to exécute and deliver, under the Authority of the Lord

J!*^"'

Ordinary, in case the same shall be considered necessary and proper, to \\w-

good and effectuai Dispositions and Conveyances, containing Procura- chascv*

tories of Résignation, Warrants of Registration, and ail other usual

and necessary Clauses, of such Parts and Portions of the said Lands

or Estâtes as shall or may be sold by virtue of this Act, in favour of

the Purchasers

thereof,

their Heirs or Assignées, without incurring any

Liability, anything in the said Deed of Entail, and Trust Disposition

and Deed of Settlement, and relative Deeds, made by the said Sir

WîWnm

172 28° & 29° VICTORIA,

Cap.

Eliott's Trust Estate Act, 1865.

William Francis Eliott, as above recited, to the contrary notwith-

standing.

Proceeds of 10. The Priées or Proceeds of the said Estâtes, or of the Part

îue^etoft thereof sold as aforesaid, afler having been paid or consigned in the

be appiied Manner above directed, shall be applied, under the Direction and by

under Direc- i\ie Authority of the Lord Ordinary, primo

loco,

in payiner and dis-

tionofthe i. • A, ,>,, n i\ • • ,,• A^ ?M -rT

Lord Ordi- chargmg the necessary Charges ot obtaining this Act and the Pro-

nary. ceedings to be had in exécution

thereof,

including One hundred and

fifty Pounds on account of the Costs of the said Sir William Francis

Augustus Eliott in relation thereto, and, secundo

loco,

in paying and

discharging or liquidating, pro tanto, the Debts and Obligations due,

created, or eontracted by the said Sir William Francis Eliott, according

to their légal Préférences

;

and the Lord Ordinary shall issue Warrants

or Decreets for the Payment

thereof,

and for the Payment of the

Expenses of this Act, and the necessary Charges for the Proceedings

thereon in favour of the Trustées ; and every Creditor or other Person,

upon receiving Payment of any such Debts, Expenses, or Charges,

shall be obliged to exécute and deliver a valid and sufficient Dis-

charge of his Debt or Claim in favour of the Trustées ; and neither

the said Creditors and others, upon so receiving Payment of their

respective Debts or Claims, and granting Discharges thereof as herein

provided, or the Trustées, shall be subject or liable to any Claim

of Répétition on account

thereof,

at the Instance of the Institute

or Heirs of Entail of the said Estâtes, or any of them, on any

Ground whatever.

Trustées to H. IQ so ^ar as provided by this Act the said Trustées shall be

berelieyed free and relieved of the whole Provisions, Déclarations, Instruc-

lityinresped, ti°ns, and Injunctions contained in the aforesaid Trust Disposition

oftheLands and Deed of Settlement and relative Deeds herein-before recited

sold. -n regard to the Lands hereby authorized to "be sold, and shall

not be bound to implement the same.

The Sale or 12. No Sale made, nor the granting of or cousenting to any

anySDeedgt° Disposition or other Deed in implement of or in connexion with

relating to such Sale, nor any other Act done under the Powers by this Act

same shall conferred, shall infer an Act of Homologation of the said Deeds,

Irritancy of or of Contravention of the said Deed of Entail, or subject the

the Entail, Institute or any succeeding Heir of Entail rnaking such Sale, or

granting or consenting thereto, or to such Disposition or other

Deed, in Irritancy or Eorfeiture of any Right belonging to them

respectively under the said Deed of Entail, nor create or infer

any Claim of Warrandice, Recourse, or otherwise, either against

the Institute, or against such succeeding Heir, or against the

Trustées.

13.

28° & 29° VICTORLE, Cap.7. 173

EUotis Trust Estate Act, ibbo.

13.

It shall be lawful for the Trustées to apply to the Court Power

eut

of Session, in the Mode herein-before set forth, for Authority to ^T*",'1

eut down and sell the Tituber and growing Wood on the Estate on wS'ls'"

of Wells; and the said Court, by Interlocutors or Judgments, shall E«ate-

order or direct that the Timber or growing Wood on the said

Estate shall be eut down and sold to such an Extent as, in the

Opinion of the Lord Ordinary, will not materially affect the Amenity

and Beauty of the Mansion House of Wells

;

and the Lord Ordinary

is hereby authorized and required to order such Inquiry as to him

shall appear sufficient in regard to the Amount of Timber and

growing "Wood on the said Estate which may be eut down as afore-

said, and to ordain the Price or Priées which may be obtained for

the said Timber or growing Wood to be consigned in one or other

of the Banks herein-before specified in the Name of the Trustées,

the Sum or Sums so consigned to be operated on only under the

Orders of the Lord Ordinary, and, when so consigned, to produce

the highest Interest that can be obtained for the same, which Interest

shall be annually accumulated and added to the Principal Sum

itself,

to carry Interest together, until applied by a Warrant or Warrants

of the said Court for the Purposes of this Act.

14.

In the event of a Sale of a Portion only of the said Estâtes,

When

Entaii

it shall be compétent for the Lord Ordinary or the said Court of î^d^idto

Session to authorize the recording of the foresaid Deed of Entaii,

omitted.

so far as the same shall be then subsisting, in so far only as regards

the Lands and others therein contained which shall not hâve been

sold, and that in such Form or Manner as the Lord Ordinary or

the said Court of Session may deem expédient.

15.

In the event of any Funds remaining in the Hands of the

Surplus

froin

~. .. n TOT

CXITI-

T» • (• .v Saleof Lands

Trustées ansmg from the Surplus of the Price or Pnces ot the tobe

Lands hereby authorized to be sold after carrying ail the Purposes vested in

of this Act into exécution, the Trustées shall lay out such Surplus J^cn" *

Funds in the Purchase of Heritable Estate in Scotland, at such fair tailed.

and just Price as ought to be given for the same after the Price

so to be given shall hâve been approved by the Lord Ordinary, to

whom Application shall be made for such Approval

;

and they shall

dispone and convey the Estate so to be purchased by them to the

same Séries of Heirs of Entaii, for the same Uses and Purposes, and

under the like prohibitory, irritant, and résolutive Clauses, as are

contained in the Deed of Entaii herein-before recited; and the

Trustées shall cause the Conveyance of the said Estate to be

recorded in the Register of Entails for the Benefît of ail interested

therein: Provided always, that the said Estate so to be pur-

chased shall be held by the Trustées in trust for the Purposes

mentioned in the said Trust Disposition and Deed of Settlement

[Private.] lV d> aiKÎ

174 28° & 29° VICTORIA, Cap.7.

.Eliott a Trust Estate Ad, 1865.

and relative Deeds herein-before recited, and until the same shall

hâve been fulfilled.

Power to 16. It shall be lawful for the Trustées to borrow, upon the

Trustées

Security of the said Estâtes disponed by the said Sir William Francis

Money. Eliott, or to be purchased as aforesaid, any Sum or Sums of Money

which they shall deem necessary for carrying out the Purposes of

this Act, and to grant such Bonds and Dispositions in Security

containing Power s of Sale and other usual Clauses, and sueh other

Deeds as shall be required for that Purpose.

Exceptsofar 17. Except in so far as the Provisions and Déclarations of the

avalïcedtt7 said Trust

DisPosition

and Deed of Seulement of the said Sir WiU

Trustées Hom Francis Eliott are altered or innovated by the Provisions of this

shall cairy Act, the Trustées shall be bound to carry out the Trusts thereby

poses of

the"

m& by tne otber before-recited Deeds imposed upon them, so far. as

Trust Deeds. the same shall be then subsisting.

Whenthe 18. As soon as the whole Debts and Obligations of the said

Debtsare Srr William Francis Eliott hâve been paid, discharged, or extîn-

the

Trustées guished, and the whole other Purposes of the said Trust hâve been

mayapplyto fulfilled, or the said Trust shall hâve determined, it shall be in the

dinarv^or

Power of the Trustées, or of any One of them, to apply summarily

complète to the Lord Ordinary for their Discharge and Exonération of the

Discharge, trusts by this Act, or by the said Trust Disposition and Deed of

Settlement and other Deeds herein-before recited, conferred upon

them ; and the Lord Ordinary is hereby empowered to order Intima-

tion thereof in such Manner as he shall think necessary, and, after

such Investigation into the Transactions, Management, and Intro-

missions of the Trustées as he shall deem requisite, to exonerate

and discharge the Trustées or the Représentatives of any deceased

Trustée of such Transactions, Management, and Intromissions, and

of ail the Conséquences

thereof,

and of ail Action or Demand for

and in respect of the same for ever. ,

Trustées, 19. It shall be compétent for the Trustées, or for any Party

&c.

mayre- w^0 may Dave appeared and lodged Answers to any Application

InnerHouse, presented to the Lord Ordinary under this Act, to reclaim against

whose

Deci-

any Interlocutor pronounced by the Lord Ordinary to either Division

final. G °f tne sa^ Court of Session, provided that a reclaiming Note shall

be boxed within Eourteen Days after such Interlocutor is pronounced,

and the Judgment of the said Court on any such reclaiming Note

shall be final and conclusive.

Saving 20. Nothing in this Act contained shall préjudice or affect the

AetioiTof er Rights and Interest of the said Sir William Francis Augustus Eliott

Réduction. under

28° & 29° VICTORLE, Cap.l. 175

Eliotfs Trust JËstate Act, 1865.

under an Action of Réduction of the said Deed of Eutail, Trust

Disposition, and Deed of Seulement, and relative Deeds above-recited,

raised by him in the Court of Session (the Summons in which is

dated and signeted the Twenty-fourth Day of April last) : Provided

always, that, notwithstanding the Dependence of the said Action,

the Trustées shall be entitled to exercise ail the Powers of this Act ;

and ail Acts done and Deeds granted by the Trustées in carrying

out the Provisions of this Act during the Dependence of the said

Action shall, even in the event of a Decree of Réduction in whole

or in part being pronounced therein, be as good, valid, and sufficient

as if the said Action had not been raised.

21.

Saving and reserving always to the Queen's most Excellent Saving

Maiesty, and to the Creditors upon or other Parties interested in Clause

**>al1

cxccpt tho

the Estâtes Heritable and Moveable of the said Sir William Francis institute

and

Eliott, aye and until the Debts and Obligations of the said Sir *feirs of

William Francis Eliott are paid and discharged, and to ail and

every other Person or Persons, Bodies Politic or Corporate, and their

respective Heirs, Successors, Executors, and Assignées (other than

and except the said Institute and other Heirs of Entail entitled to

succeed to the Lands and Estâtes above described by virtue of the

said Deed of Entail and other Deeds herein-before recited), ail such

Right, Title, Interest, Claim, and Demand whatsoever in, to, or out

of the Estâtes hereby allowed to be sold as they or any of them had

before the passing of this Act, or could or might hâve had or enjoyed

in case this Act had not been passed.

22.

In citing this Act for any Purpose it shall be sufficient to Short Title.

describe it as " Eliott's Trust Estate Act, 1865."

23.

This Act shall not be a Public Act, but shall be printed by Açt as

the several Printers to the Queen's most Excellent Majesty duîy Çenl>y

authorized to print the Statutes of the United Kingdom, and a Copy Printers to

thereof so printed by any of them shall be admitted as Evidence **Kvilknce-

thereof by ail Judges, Justices, or others.

SC HE-

176 28° & 29° VICTORIA, Cap.7.

~ËÎMs Trust Estate Act, 1865.

SCHEDULES referred to in the Act.

SCHEDULE A.

Showing the Debts and Obligations secured over the Estate of Wells, and

also over the Estate of Easter Fodderlie.

I.—THE

ESTATE OF WELLS. £ --u d.

Bond and Disposition in Security by the Iate Sir William Francis Eliott, ] -,

Baronet, and Sir George Sinclair, Baronet, and James Brown, Esquire,

his Trustées, dated 30th May, and recorded in the General Register

of Sasines, 2nd June 1859, in favour of Arthur Augustu8 Boswell ,

Eliott, residing at Chicago, Illinois, in the United States of America,

Son of Alexander Boswell Eliott, Second Son of the said Sir William

Francis Eliott, for - - - - - - 1,000 0 0

Bond and Disposition in Security by the said Sir William Francis Eliott

and the said Sir George Sinclair and James Brown, his Trustées, dated

lst and 4th, and recorded in the General Register of Sasines 17th May

1860,

in favour of the Standard Life Assurance Company, for - 55,000 0 0

Bond and Disposition in Security by the said Sir William Francis Eliott

and the said Sir George Sinclair and James Brown, his Trustées, for

Crédit by the Bank of Scotland for 5,000/., dated lst, 5th, and 6th,

and recorded in the General Register of Sasines 26th May 1863; and

Deed of Postponement by the Manager and Trustée of the Standard

Life Assurance Company in favour of the Governor and Company of

the Bank of Scotland, dated

lst, and recorded in the General Register

of Sasines 23rd December 1863; and Assignation and Bond of Cor-

roboration and Disposition in Security by the Bank of Scotland and

the said Sir William Francis Eliott, Sir George Sinclair, and James

Brown, to the Standard Life Assurance Company, dated 14th May,

and 6th, llth, and 14th, and recorded in the General Register of

Sasines I4th June 1864, for .

5,000

0 0

Total Debt secured on Wells (exclusive of Interest

due from Whitsunday 1864) - - - ,£61,000 0 0 • •

28°&29°VICTORLE, Cty.7.

Miott's Trust Estate Ad, 1865.

£ s. d.

Brought forward - - . 61,000 0 0

IL—THE

ESTATE OF EASTER FODDERLIE.

Bond and Disposition in Seeurity by the said Sir William Francis Eliott

and the said Sir George Sinclair and Alexander James Russell,

Esquire, his Trustées, in favour of the Standard Life Assurance

Company, dated 14th May, and 6th and llth, and recorded in the,

General Register of Sasines 14th Juue 1864, for 8,200/., but standing

at présent at 5,000/. (exclusive of Interest due from Whitsunday 1864)

5,000

0 0

jeee.ooo

o o

NOTE

1.—The

Trustées of the late Sir William Francis Eliott's

Creditors hâve paid 3,200/. of the above Sum of 8,200/. out of the Funda in

their

Hands,

but they hold an Assignation from the Standard Life Assurance

Company to that Sum. Easter Fodderlie. is accordingly burdened with the

whole 8,200/., though it is only in the event of the Claims Nos. 2. and 3.

mentioned in Schedule E. being successful that the Claim for 3,200/. will

be enforced.

NOTE 2.—The said Sir William Francis Eliott obtained, during the

Years 1848, 1849, 1850, and 1851, for Drainage and Land Improvement

Purposes, from the Government Commissioners on Drainage, &c, the Sam

of 3,500/. The Tenants are bound to pay the whole annual Chargea in

respect of thèse Advances. During the Years 1855, 1857, and 1864, the

said Sir William Francis Eliott also obtained the Sum of 743/. 16s. \\

from the Lands Improvement Company, the annual Charges in respect of

which Advances are, with a trifling Exception, also payable by the Tenants.

The above Advances, in so far as not liquidated by past Payments, form a

real Burden on the Estâtes, but, in the Circumstances above stated, they

are not included in this Schedule as Debts requiring to be paid.

[Private.] yy SC

HE-

178 28° & 29° VICTORLE, Cap.7.

Eliott s Trust Estate Ad, 1865.

SCHEDULE B.

Showing the Value of Annuities payable to Sir William Francis Augustus Eliott,

Baronet, and George Augustus Cuming Eliott, under the Disposition and

Deed of Settlement of the late Sir William Francis Eliott, Baronet, and

relative Deeds

;

and the Amount payable under Bonds of Provision in

favour of the other Children of the said Sir William Francis Eliott, and

Mrs.

Oliver and Daughter, and his Grandson Arthur Augustus Boswell

Eliott.

£ s. d.

(1.) Value of Annuity of 100Z. payable to the said Sir William Francis

Augustus Eliott, and the Heirs of Entail entitled to succeed to the

Estâtes of Wells and Easter Fodderlie until the Termination of the

Trust, taken as an Annuity in perpetuity, and calculated at the Rate .j , ^ ;

rr.

of 3/. per Centum Interest ..... .3,333,6 ,$

(2.) Value of Annuity of 100/. payable to the said George Augustus ...>• ri?

Cuming Eliott, who was Eleven Years of Age at his last Birthday, ; >K)

on 14th Jauuary 1865, according to the Government Rates - - 2$37 •\

(3.) Bond of Provision by the said Sir William Francis Eliott in favour of .:;i

Miss Jessie Blanche Adelaide Eliott, his eldest Daughter, dated 15th ' '"

October 1863, and registered in the Books of Council and Session

19th September 1864 .... . 15,000 0 JQ

(4.) Bond of Provision by the said Sir William Francis Eliott in favour , . *j-

of Mrs. Frances Elizabeth Forrest, formerly Eliott, his Second -••••,

Daughter, Spouse of Edmund Forrest of the General Post Office, ,

London, dated and registered the saine as the immediately preceding .-':,.,

Bond - - - - - - - -

5,000

(5.) Bond of Provision by the said Sir William Francis Eliott and Trust

Disposition by him in favour of Daniel Eliott, Esquire, his Brother,

and Herbert Butler Batten, of Hollands, in the County of Somerset,

Esquire, and the Survivor of them, and such other Person or Persons

as he might tbereafter appoint or as they might assume in Terms

thereof,

as Trustées for behoof of Alexander Boswell Eliott, his

Second Son, in Life-rent, and his Heirs and Successors in Fee,

dated 22nd September 1863, and relative Deed, dated 15th Octo-

ber 1863, both registered as aforesaid 19th September 1864,

for ----- - ,£3,000 0 0

And for behoof of Arthur Augustus Boswell Eliott,

presently résident in America, Son of the said

Alexander Boswell Eliott, if he should return to

this Country permanently to réside hère within a

certain Time, and if not, to the said Alexander

Boswell Eliott, the additional Sum of - 1,000 0 O 4,000 0 0

Carried forward - - - ^29,470 8 4

28° & 29° VICTORLE, Cap.7. 179

Miotts Trust Estate Act, 1865.

£ s. d.

Brought forward - . . 29,470 8 4

(6.) Bond of Provision by the said Sir William Francis Eliott in favour of **

Mrs.

Harriet Oliver, sometime residing at Thames Bank House,

Mortlake, in Life-rent, for her Life-rent Use allenarly, and to and

in favour of Harriet Emma her Daughter, in Fee.dated 15thOctober

1863,

and registered in the Books of Council and Session 19th

September 1864, for . - . - 5 000 0 0

£34,470 8 4

SCHEDULE C.

Showing the annual Charges on the Estate of tht late Sir William Francis

Eliott in respect of Interest on Heritable.Debts and Bonds of Provision and

of Annuities.

I.—HEBITABLB DEBTS.

£ 8. d. £ s. d.

(1.) The Interest of the Debt of 60,000*. secured over the *

Estate of Wells, mentioned in Schedule A., so long

as it continues at 4L per Centum, its présent Bâte,

is annually ..... 2,400 0 0

(2.) The Interest of the Debt of

1,0007.

secured over the

Estate of Wells, also mentioned in Schedule A., At r i' n»r/! >! vj<

its présent Rate of

51.

per Centum, is annually

• *

' 50 0 0

(3.) The Interest of the Debt of 5,000/., secured over the

Estate of Easter Fodderlie, also mentioned in Sche-

dule A., as long as it continues at its présent Rate

4/.

per Centum, is annually ... 200 0,0 ,,,.,, ;)

—

TT-^T

i,'-iMr50

° °

II.—BONDS OF PBOVISION AND AHÎTOITIBB. '

(1.) The Interest on the Bond of Provision in favour of

Miss Jess'e Blanche Adélaïde Eliott for 15,000/. set

forth in Schedule B., at 51 per Centum, being the '"

(2.) The Interest on Bond of Provision in favour of Mrs.

Frances Elizabeth Forrest, formerly Eliott, for

5,000/., also set forth in Schedule B., at 5/. per

Centum, being the Rate appointed by the Bond, is

annually - " 25° ° °

Carried forward - - ^1,000 0 0 2,650 0 0

180 28° & 29° VICTORIA, Cap.7.

Eliott s Trust Estati Act, 1865.

0 0 £ s. d.

2,650

0 o

,i-

Brought forward - - 1,000

(S.y*$m Interest on Bond of Provision in favour of the /()

Trustées for behoof of Alexander Bosvvell Eliott

and his Son for 4,000?., also set forth in Sche-

dule B., at

51.

per Centum, being the Rate ap-

pointed by the Bond, is annually - . - 200 0 0

(4.) The Interest on Bond of Provision in favour of . :r

Mrs.

Harriet Oliver in Life-rent, and her Daughter

Harriet Emma, in Fee, for 5,000/., also set forth in

Schedule B., at 51. per Centum, being the Rate

appointed by the Bond, is annually - - 250 0 0

(5.) The Annuity in favour of Sir William Francis

Augustus Eliott and the Heirs of Entail mentioned

in Schedule B. is annually - - - 100 0 0

(6.) The Annuity in favour of George Augustus Cuming

Eliott, also mentioned in Schedule B., is annually - 100 0 0 1,650 0 0

.£4,300 0 0

SCHEDULE D.

0 0

3 6

0 0

Showing the Personal Debts due by the late Sir William Francis Eliott, including

Deathbed and Funeral Expenses.

I.—DEATHBED AND FCNEKAL EXPENSES.

Dr. Çardiner, Clapton ...

Mr. Daniel Eliott, for Deathbed Expenses

Mrs. Bagot's Expenses -

Mr. Garstin, London, Account for Funeral so far as ,

conducted by him - - - - 86 12 0

John Croall and Son, Edinburgh, Account for Funeral

so far as conducted by them - - - 96 19 6

6. Aitchison and Sons, Edinburgh, Confectionerp, for

Refreshments on Day of Funeral - -

Dr. Blakiston, Saint Leonard's-on Sea

8. Messieurs Grahame and Wood, Hawick, for Servants

Mournings, &c. -

9. George McCulloch,

Crieff,

for Intimation Cards, &c. -,

10.

Tower Hôtel, Hawick, for Hearse and Horses

Carried forward

21 8

14 14

12 11

3 10

11 5

— .£336 4 1

28° & 29° VICTORLE, Cap.7. 181

Eliott s Trust Estate Ad, 1865.

, p £ s. d. £ s. d.

Brought forward - 336 4 1

0 0

IL— OUDINAST DEBTS.

Dr. Andrew Wood, Edinburgh - - . 121 11

Dr. Cutler, Spa - - - - - 20 . _

Dr. Barnard, Hastings - - - -116 9 6

Dr. Vellen, Aix la Chapelle - - - 26 0 0

Thomas Howie, Tenant of Hadden - - - 129 17 11 .

6. John Murray, Glasgow - - - - 198 15 5f

Messieurs Holmes and Company, Westminster - 282 5 0

8. Messieurs D. M. and H. Black, W. S., Edinburgh - 1,989 8 7f

9. J. W. Ramsay, Leith - - - - 55 18 3

10.

J. Mac Née and Company, Edinburgh - - 77 3 3

11.

E. Armstrong's Représentatives - - - 23 16 5^

12.

John Harkness, Jedburgh - - - - 38 130$

13.

Johnston and Jeannes, London - - - 77 16 0

14.

SundryTradesmen'sandothersmallAccountsunder20/. 149 15' 3,306 15 11

£3,643 0 0

SCHEDULE E.

Showing Debts claimed on the Estate of the late Sir William Fftincis Eliott, but

not admitted by the Trustées.

John Graiit, Wells - 78 13 7

Sir William Francis Augustus Eliott for Interest on 12,715/.

4*.

for

winch Decree obtained in a Process at tho Instance of Cleghorn and

others against the late Sir William Francis Eliott and his Trustées,

dated 22nd June 1837 and 25th June 1842, from llth November

1827 to 25th June 1842 - - ... 9,290 3 0

Sir William Francis Augustus Eliott] for Répétition of Land Tax of

56/.

8s. 1d. annually accumulated and due at 23rd March 1852 - 790 0 2

ê 10,158 16 d

SCHEDULE F.

General View of the Debts and Obligations due, incurred, or create^à by the late

Sir William Francis Eliott, or claimed against his Estate (exclusive of Interest).

I.—Heritable Debts secured over the Estâtes of Wells and Easter Fod-

derlie, as set forth in Schedule A. - - - 66,000 0 0

IX. Value of Annuities and Amount payable under Bonds of Provision, as

set forth in Schedule B. 34,470 8 4

III.—Amount of Personal Debts, as set forth in Schedule D. - - 3,643 0 0

104,113 8 4

IV—Debts claimed but not admitted by the Trustées, as set forth in

Schedule E. ----- - ^58 16 9

£114,272 5 1

\Private.] Z z SCHE-

182

28°

& 29° VICTORLE, Cap.7.

Eliott s Trust Estate

Ad, 1865.

SCHEDULE G.

Showing the Moveable Estate available to the Trustées for Payment of Debts.

s. d.

(1.) Amount

of the

Balance

of the

Personal

Moveable Estate

the

de-

ceased

Sir

William Francis Eliott

in the

Hands

Alexander James

Russell, Esquire, acting Trustée

for the

Creditors

of the

late

Sir

William Francis Eliott, under

Trust Deed executed

by him on

lOth December

1828,

subject

Claims

yet

emerging,

and

which

Balance

Mr.

Russell states

froni 5,000/.

6,000£,

and

Expenses

conform

Certificate under

his

Hand, dated

18th

January

1865,

but which may

hère stated

as at

the larger Amount, viz.

- -

6,000

0.0

(2.) Value

of the

Household Furniture, Silver Plate,

&c,

left

by the

deceased

Sir

William Francis Eliott,

inventoried

and

valued

Messieurs Lyon

and

Turnbull .--,._

. 833 15 0

(3.) Value

Four Shares

the Hawick Subscription Booms

- - 28 17 0

£ 6,862

12 0

SCHEDULE H.

Showing the yearly Rents or Income of the Heritable Estâtes of the late Sir

William Francis Eliott available to his Trustées for Payment of annual

Interests on Debts, Annuities, and Charges.

I.—THE

ESTATE

WELLS

(except the Barony of Hadden).

£ s. d. £ s. d.

Farm of Bedrule and Fulton, tenanted by George

Simson

Farm

Dykes, tenanted

William Veitch

Wells

Saw

Mill, House,

and

Field tenanted

David

and George Davidson

Bedrule Old Mill, Dwelling House, and Land, tenanted

by William Armstrong

Cottage

and

Garden

Bridgend, tenanted

John

Brunton

Two

Cottages

Blaweary, tenanted

David

and

James Turnbull

Gamekeeper's Lodge

and

Cauld Park, tenanted

Andrew Ormiston

- - -

8. Forester's Cottage

and

Garden,

not let, but

occupied

by George Ormiston, annual Value

9. Dyke's Muir Cottage, tenanted

Thomas Best

10.

Blacksmith's House, Garden,

and

Smithy

Bedrule,

tenanted by William Oliver

1,462

9 0

1,234

138

10'

Carried forward

- .

£1,462

9 0

28° & 29° VICTOR

LE,

Cap.

Eliotfs Trust Estate Act, 1865.

183

Brought forward -

11.

Grass Parks for Season 1864:—

Dyke's Muir Park, let to George Simson -

Gilboa Park, let to William Veitch

Garden Park, let to William Mabon -

Maypole Park, let to John Armstrong -

Kilnhaugh Park, let to Alexander Ferguson

6. Lodgehaugh Park, let to Alexander Mein

Gourlay Bog Park, ditto ditto ...

8. Bulltree Park, let to Thomas Cockbum -

9. West Lees Park and House, let to John Arm-

strong -

10.

Meadsgrove Park, unlet, but former Rent

11.

Pond Park, unlet, but former Rent

12.

Wells Haugh Park, unlet, but former Rent

12.

Mansion House of Wells, Offices, Garden, and Gar-

dener's Cottage, unlet, value taken af

Gross Rental of Wella

1,462

25 0

28 0

17 10

34 10

9 15

19 0

37 0

40 0

20 0

13 0

20 0

-.m

288 15

300 0

£2,051 4

II.—THE

ESTATE OF EASTBB FODDEBUB.

13.

Farm of Easter Fodderlie, tenanted by James Fair-

burn - - - " -

14.

Fodderlie Cottage and Ground, tenanted by Alex-

ander Brown - - -

Gross Rental of Easter Fodderlie

231 0 0

10 10 0

£241 0 0 I

IH._THE BABONY OB ESTATE OF HADDEN.

15.

Farm of Hadden, let to Thomas Howie at an annnd

Rent of 918Ï. 19s.

Od.

less annual Allowance for

Hedger, 20/. -------

16.

Farm of Nottylees, tenanted by George Jamieson

17.

Shootings over'these Two Farms -

898 19 0

504 10 6

20 0 0

Gross Rental of Hadden -.'''"

Total ------

Deduct the Public and Parish Burdens, including^ Landlord's Pro-

perty Tax, which will amount, on an Average of Years, to some-

where about, per Annum -

Carried

forward

1,423 9 0

3,715 13 0

400 0 0

£3,315 13 0

184 28° & 29° VICTOR

LE,

Cap.7.

~ÉUoUs

Trust Estate Ad, 1865.

£ s. d.

- Brought forward - - - 3,315 13 0

IV.

Annual Payment secured over the Estate of Stobs by Disposition and

Assignation hy the Trustées of George Cleghorn and John Wilson

in favour of thelate Sir William Francis Eliott, dated 13th May,

and subséquent

Dates,

and recorded in the General Kegister of Sasines

lOth June 1862 56 8 7

Net Eental of the whole Estâtes - - - £3,372 1 1

SCHEDULE I.

Descriptions of

the

Estâtes of Hadden and Easter Fodderlie.

I.—HADDEN.

AU and whole the Twenty-Pound Land of new Extent and Barony of Hadden, with the

Manor Place, Houses, Biggins, Tenants, Tenandries, and Services of Free Tenants, with ail

the Parts, Pendicles, Privilèges, Pertinents, and Community

thereof,

lying within the Parish

of Sprouston and Sheriffdom of Roxburgh, with ail and sundry Houses, Biggins, Woods,

Yards, Fishings, Pasturage, Parts, Pendicles, and universal Pertinents of the same.

II.—EASTER FODDERLIE.

AH and whole the following Part of the Lands and Barony of Abbotrule

;

viz., that

Part of the Lands of Fodderlie called Easter Fodderlie, together with the whole Parts,

Pendicles, and universal Pertinents of the same, lying within the Barony of Abbotrule,

Parish of Hobkirk, and Sheriffdom of Roxburgh.

LONDON:

Printed by GEORGE EDWARD ETRE and WILLIAM SPOTTISWOODE,

Printers to the Queen's most Excellent Majesty. 1865.

To continue reading

Request your trial

Subscribers can access the reported version of this case.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see a list of all the cited cases and legislation of a document.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see a list of all the documents that have cited the case.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see the revised versions of legislation with amendments.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see any amendments made to the case.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Eliott Trust Estate Act 1865

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users