Ellon Trust Estates Act 1881
| Jurisdiction | UK Non-devolved |
| Citation | 1881 c. 3 |
| Year | 1881 |
[U
&
45 VICT.] Ellon Trust Estates Act, 1881. [CH. 3.]
CHAPTER 3.
An Act to authorise the Trustees of the deceased Alexander A-D- 188i-
Gordon of Ellon, in the county of Aberdeen, to sell certain
lands to pay debts; and for other purposes.
[11th August 1881.]
W
HEREAS by deed of entail, executed by the now deceased rjeeci
of
en-
Alexander Gordon, of Ellon, in the county of Aberdeen tail of Ellon,
(heroin-after called the entailer), dated the twenty-seventh day of
August 1857
August, one- thousand eight hundred and fifty-seven, and recorded recorded in
in the register of entails the sixteenth day of December, one thou-
re?^!er7°fif
sand eight hundred and sixty-eight, and in the division of the December,
general register of sasines applicable to the county of Aberdeen,
1868,
and iu
the eighth day of August, one thousand eight hundred and seventy- 8aJ;nes gth
three, on the recital that he had acquired the lands and others August,
therein and herein-after mentioned, along with other lands in fee
simple, conform to instrument of disentail
thereof,
executed by him
under authority of the Court of Session, and that in consideration
of the consent given to the said disentail by the tutor ad litem,
appointed by the court to Oosmo Frederick Maitland Gordon, his
grandson, then iu pupillarity, lie granted to certain trustees for
behoof of the said Oosmo Frederick Maitland Gordon during his
minority and to himself after attaining majority, a bond and dis-
position in security over the said lands and others for the sum of
fourteen thousand pounds sterling, dated the thirtieth, and recorded
in the general register of sasines, the thirty-first days of January,
one thousand eight hundred and fifty; and in respect that for the
better preservation of his family and memory, and for certain other
weighty causes and considerations he had resolved to re-entail the
family estate of Ellon and others therein-after described, keeping
free his other lands, in order to be disposed of, if considered
expedient, to clear off burdens affecting his whole lands, and to put
the said Cosmo Frederick Maitland Gordon, his grandson, as next
substitute to his father in the entail under recital, in conformity
with his said resolution; and, farther, that it was fair and
[JPrivate.-3.] A 1
[GH.
3.] Ellon Trust Estates Act, 1881. [44 & 45
VICT.]
A.D.
1881. reasonable that in consideration of the said Cosmo Frederick Maitland
Gordon being so placed in the entail under recital, the aforesaid
bond and disposition in security, and all claims of interest thereon,
and all accounting relative thereto, should be simpliciter discharged
and the said lands included in the said entail freed and disburdened
thereof,
and that the said trustees or the survivor of them in whose
favour the said bond and disposition in security was granted for his
behoof during his minority, should renounce and discharge the
same and all claims of interest thereon and all accounting whatever
relative thereto: and that the said Cosmo Frederick Maitland
Gordon should, upon bis attaining majority corroborate, confirm
and repeat the said discharge, or at all events should, whether the
succession opened to him before or after he attained majority, grant
such discharge himself upon his attaining majority, in case the
same were not previously done by the said trustees or the survivor
of them, or in the event of the said Cosmo Frederick Maitland
Gordon dying before attaining majority, then such discharge should
be granted or confirmed by his heir when in a legal capacity so to
do,
or that the said trustees or the said Cosmo Frederick Maitland
Gordon or his heir, should otherwise free and disburden the said
lands of the said bond and disposition in security : Therefore the
entailer did by the entail in recital, with and under the conditions,
provisions, declarations and reservations before and after specified,
give,
grant and dispone heritably and irredeemably to and in favour
of himself in life-rent during all the days of his lifetime, and to
George John Robert Gordon, younger, of Ellon, his eldest son, in
fee,
and the heirs male of his body, and the heirs male of their
bodies (but declaring that the said Cosmo Frederick Maitland
Gordon, eldest son of the said George John llobert Gordon, or any
heir of his body, should not succeed as an heir of entail to the said
lands and others by virtue of the entail in recital, unless the said
bond and disposition in security and all claims of interest thereon,
and accounting relative thereto, be fully renounced and discharged,
or the entailed lands otherwise freed and disburdened of the same
either by the said trustees, or by the said Cosmo Frederick Mait-
land Gordon, or by his heir in manner and in the respective events
therein and before specified): "Whom failing, to Bertie Edward
Murray Gordon, his second son, and the heirs male of his body, and
the heirs male of their bodies: whom failing, to William Everard
Alphonso Gordon, his third son, and the heirs male of his body, and
the heirs male of their bodies : Avhom failing, to Charles Alexander
Boswell Gordon, his fourth son, and the heirs male of his body and
the heirs male of their bodies; whom failing, to John Gordon, of
Caimbulg, in the county of Aberdeen, the half-brother of the
2
[44 & 45 VICT.] Ellon Trust Estates Act, 1881. [OH. .]
entailer, and the heirs male of his body, and the heirs male of their A.D. 1881.
bodies; whom failing, to Charles Gordon, of Wiscombe Park, in
the county of Devon, the half-brother of the entailer, and the heirs
male of his body, and the heirs male of their bodies; whom all
failing, to the nearest and lawful heirs whomsoever of the entailer
and their assignees, all and whole the lands and barony of Ellon
and other lands particularly described in the entail now in recital,
all lying within the parishes of Ellon and Logiebuchan and
sheriffdom of Aberdeen: With all his right and interest in the
lands and others thereby disponed ; but always with and under the
conditions, prohibitions, reservations and provisions therein and
after written, videlicet—With and under this condition always, that
the said George John Robert Gordon, the entailer's eldest son, and
the whole other heirs of entail therein and before mentioned, should
be bound and obliged constantly to bear, use and retain the sur-
name of Gordon and arms and designation of Gordon of Ellon in
all time after their succession to or obtaining possession of the said
lands and estate, as their proper surname, arms and designation :
As also to record the entail in the register of tailzies, as also in the
books of couacil and session for preservation, and also to complete
their titles under the entail by infeftment, and that within a year
and day after the decease of the entailer, if the heir succeeding
should be within the United Kingdom at the time, and in case he
should be furth
thereof,
then within a year and day after his
coming thereto, without prejudice nevertheless to any of the other
heirs of entail, to apply for recording the entail sooner if he should
see proper: And also with and under this condition that the said
George John Robert Gordon and the whole other heirs of entail
foresaid should take and possess the said lands and estate, under
the entail in recital only, and upon no other right or title whatso-
ever, and that they should use any other title which they or any of
them might happen to have or acquire as an additional or collateral
title thereto for supporting the said entail only and for no other
purpose whatever : As also with and under this condition, that the
said George John Robert Gordon and the whole heirs of entail fore-
said should be obliged to cause verbatim insert the whole foresaid
destination and order of succession (at least in as far as should be
subsequent to the heir in possession for the time) in the charters
and sashies to follow upon the entail, and in all future charters,
dispositions, procuratories of resignation, instruments of resignation
ad remanentiam, precepts of sasine, decrees of special service and
instruments of sasine of the said lands and estate or any part
thereof,
and likewise to cause insert in the same and in all other
deeds,
instruments and writings relating to the said lands and
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