Ellon Trust Estates Act 1881

Publication Date:January 01, 1881
 
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Ellon Trust Estates Act 1881

(44 & 45 Vict.) c. 3

An Act to authorise the Trustees of the deceased Alexander Gordon of Ellon, in the county of Aberdeen, to sell certain lands to pay debts; and for other purposes.

[11th August 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?^!er7fif 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 Maitland 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, videlicetWith 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 surname 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 whatsoever, 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 foresaid 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 A 2 3 [Ch. 8.] Ellon Trust Estates Act, 1881. [44, & 45 Vict.] A.I^1881. estate or any part thereof, the conditions, prohibitions, reservations and provisions therein expressed, or a valid reference to the same in terms of law : And with and under the prohibitions following, videlicet, that it should not be lawful to or in the power of the said George John Robert Gordon or any other of the said heirs of tailzie to innovate, alter or infringe the entail, or the destination and order of succession thereby established : And under this prohibition also that it should not be lawful to, or in the power of them or any of them to sell, alienate and dispone the said lands and estate or any part thereof, either irredeemably or under reversion : Or to contract debts, grant bonds or other deeds or writings heritable or moveable, or do any other act, civil or criminal, which should be the ground of any adjudication, eviction or forfeiture of the said lands and estate, or any part thereof, or anyways affect or burden the same or the rents thereof to the prejudice of the heirs of entail: Nor should the said lands and estate be affectable by, or subject to any terces or courtesies to the wives or husbands of the said heirs of entail, which wrere thereby excluded: And under this prohibition also, that it should not be lawful to, or in the power of the said George John Robert Gordon, or of any of the said heirs of entail to consent to any special adjudication of the said lands and...

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