Gregory Heirlooms Act 1877

Publication Date:January 01, 1877
 
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Gregory Heirlooms Act 1877

(40 & 41 Vict.) c. 1

An Act to authorise the Sale of the Furniture, Tapestry, Plate, and other Chattels bequeathed by the Will of the late Gregory Gregory, Esquire, deceased, as Heirlooms, and to declare the Trusts of the Proceeds of such Sale; and for other purposes.

[12th July 1877]

[40 & 41 Vict.] Gregory Heirlooms Act, 1877. [Ch, /.] CHAPTER /. An Act to authorise the Sale of the Furniture, Tapestry, a.d. 1877. Plate, and other Chattels bequeathed by the Will of the late Gregory Gregory, Esquire, deceased, as Heirlooms, and to declare the Trusts of the Proceeds .of such Sale ; and for other purposes. [12th July 1877.] TT^HEEEAS Gregory Gregory, late of Harlaxton Manor House, Will of Gre- V f in the county of Lincoln, Esquire, deceased (herein-after S0ITGre" called "the testator"), duly executed his last will dated the dated 22nd twenty-second day of November one thousand eight hundred and of November forty-eight, and thereby, after giving several legacies, gave and ' bequeathed unto Ichabod Charles Wright and John Gregson, their executors and administrators, all the furniture and linen, tapestry, buhl, marbles, statues, bronzes, ormu.ru http://ormu.ru , ornamental china, and alabasters, plate and plated articles, books, pamphlets, paintings, pictures, prints, and drawings, with their frames and glasses, and all maps which should be in or about the said Harlaxton Manor House at the time of his death, and of which he had power to dispose, to hold to the said Ichabod Charles Wright and John Gregson, their executors and administrators, exempted, exonerated, and discharged (so far as the testator was capable of exempting, exonerating, and discharging the same at law or in equity) of and from the payment of his debts and funeral and testamentary expenses, and from the legacy stamp duty in respect of the same, but nevertheless upon and for the several trusts, intents, and purposes therein-after expressed and declared of and concerning the same ; and the testator thereby bequeathed unto the said Ichabod Charles Wright and John Gregson, their executors and adminis trators, all his personal estate and effects whatsoever and whereso ever not therein-before specifically bequeathed, upon trust that they the said Ichabod Charles Wright and John Gregson, and the- survivor of them, and the executors and administrators of such survivor, should, as soon as conveniently might be after his decease, [Private.-i.'] A 1 [Oh, /.] Gregory Heirlooms Act, 1877. [40 & 41 Vict.] A.D. 1877. convert the same into money, and should with and out of the moneys thence arising pay his just debts and funeral and testa mentary expenses and pecuniary legacies, and the legacy stamp duty payable in respect of his legacies (as well specific as pecuniary), and also the legacy stamp duty payable in respect of the annuities therein-after given, and should exonerate and discharge his personal estate therein-before specifically bequeathed of and from such debts, funeral and testamentary expenses, legacies, and legacy stamp duty, and should stand possessed of the residue or surplus (if any) of such moneys upon and for the several trusts, intents, and purposes therein-after expressed and declared of and concerning the same ; and in case the moneys to arise as aforesaid from the sale and conversion into money of his personal estate not specifically bequeathed should not be sufficient to make the payments and answer the purposes aforesaid, then the testator thereby subjected and charged all his real estates therein-after devised with the payment of such. deficiency, and which should accordingly be raised out of his said real estates in manner therein after directed ; and the testator thereby gave, devised, directed, and appointed his manor and estate at Rempstone, in the county of Nottingham, and all and singular other the manors, messuages, lands, hereditaments, and real estate whatsoever and wheresoever, of which he was seised or to which he was entitled in possession, reversion, remainder, or expectancy, or over which he had any disposing power (except the reversion or remainder in fee simple of or to which he was seised or entitled expectant on the determina tion or failure of the limitations contained in the will of his late nncle George de Ligne Gregory, Esquire, deceased, preceding the limitation therein contained to the right heirs of him the said George de Ligne Gregory, and except such estates and heredita ments as were vested in him (the testator) in trust or by way of mortgage), unto and to the use of the said Ichabod Charles Wright and John Gregson and their heirs, upon -trust that they the said Ichabod Charles "Wright and John Gregson, or the survivor of them, his heirs or assigns, should by sale or mortgage thereof in manner therein mentioned raise so much riioney as would be sufficient to make good any such deficiency as aforesaid of the moneys to arise from the sale and conversion into money of his personal estate as aforesaid to make the payments and answer the purposes therein before directed to be made and answered thereout, and also any legacies which he might give by codicil or codicils to that his will, and upon trust that the said Ichabod Charles Wright and John Gregson, or the survivor of them, his heirs or assigns, should convey, settle, and assure all and singular his real estates and heredita- 2 [40 & 41 Vict.] Gregory Heirlooms Act, 1877. [Ch. /.] ments therein-before devised to them, or so much and such part and A.D. 187?-parts thereof as should not be sold under the trusts therein-before for that purpose contained, and the equity of redemption of such part or parts thereof as should or might have been mortgaged for the purposes aforesaid, or any of them, to the several uses, upon the several trusts, and to and for the several ends, intents, and purposes, and under and subject to the provisoes, declarations, limitations, and restrictions thereinafter directed to be limited, expressed, and declared of and concerning the same; (that is to say,) to the use, intent, and purpose that the said Ichabod Charles Wright and John Gregson, and the survivor of them, and the executors and administrators of such survivor, should from and immediately after his death receive and take during the life of his (the testator's) sister Anne Elizabeth Gregory Williams, spinster, one annual sum or yearly rent of five hundred pounds to be charged upon his estates thereby devised and directed to be settled upon certain trusts, which failed by reason of the death of the said Anne Elizabeth Gregory Williams during the testator's life, and to the further use, intent, and purpose that Samuel Baguley, Richard Wade, and Richard Palethorpe, servants of the testator, should respectively, if living in his service at the time of his decease, receive during the residue of their respective lives the several annual sums following; (that is to say,) the said Samuel Baguley one hundred pounds, and the said Richard Wade and Richard Palethorpe respectively twenty pounds each, which said three annuities were to be respectively issuing out of and charged upon his said real estates thereby devised and directed to be settled and to be paid to them respectively, free from legacy duty and all other taxes and impositions, and at or on the same days or times, and in the same manner, in all respects as were therein-before directed with respect to the said annual "sum or yearly rentcharge of five hundred pounds ; and the testator thereby gave to the said Anne Elizabeth Gregory Williams, Samuel Baguley, Richard Wade, and Richard Palethorpe respectively the usual powers of distress and entry, and perception of rents and profits for enabling them respectively to enforce payment of the said rentcharges if and when the same should fall into arrear, and subject to and charged with the several yearly rentcharges aforesaid, and to the several powers and remedies for the recovery thereof respectively to the use of the said Ichabod Charles Wright and John Gregson, their executors, administrators, and assigns, for the term of five hundred years, to commence on the day of the testator's decease, without impeachment of waste, upon the trusts, and for the intents and purposes, and A 2 3 [Ch. /.] Gregory Heirlooms Act, 1877. [40 & 41 Vict.] A.D. 1877. under and subject to the proviso therein-after directed to be expressed and declared of and concerning the same, and from and after the expiration or sooner determination of the said term, and in the meantime subject thereto and to the trusts thereof, to the use of the testator's cousin, George Gregory, son of his uncle, Daniel Gregory, and his assigns, during his life, without impeachment of waste, and after his decease to certain uses (which failed) in favour of the issue of the said George Gregory, and in favour of the testator's cousin, Edward Gregory, younger son of the said Daniel Gregory and his issue, and in favour of the said Anne Elizabeth Gregory Williams and her issue, with remainder to the use of John Sherwin Gregory (then John Sherwin Sherwin, and previously John Sherwin Longden), of Bramcote Hills, in the said county of Nottingham, during his life without impeachment of waste, and after the decease of the said John Sherwin Gregory to the use of the first and every other son of the said John Sherwin Gregory born in the testator's life, or en ventre sa mere at his decease, successively according to their respective seniorities for their respective lives, without impeachment of waste, and from and after the decease of each such son of the said John Sherwin Gregory to the use of his first and every other son lawfully to be begotten successively according to their respective seniorities in tail male; and after the failure or determination of the estates therein-before directed to be limited, to the use of the son and sons of the said John Sherwin Gregory who should not be born in the testator's life, or...

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