Henry Aston estate: vesting estates in trustees to raise money for the purchase of the Dutton Estate (Cheshire), and other provisions Act 1834
| Jurisdiction | UK Non-devolved |
ANNO QUARTO & QUINTO
GULIELMI IV. REGIS.
Cap..
27.
An Act for vesting certain detached Estates devised
by the Will of the late Henry Charles Aston
Esquire, deceased, in Trustees, upon Trust to
raise Money for the Purchase of an Estate called
the Dutton Estate, in the County of
Chester,
and
for other Purposes incidental thereto.
[27th June 1834.]
HERE AS Henry
Charles
Aston, late of Aston in the County Will
of
of Chester, Esquire, by his last Will and Testament in
H.C.
Aston,
Writing, duly executed and attested so as to pass Freehold dated
31
Jan.
Estates by Devise, and bearing Date on or about the Thirty-first Daya
of January in the Year One thousand eight hundred and seventeen,
gave and bequeathed all his Personal Estate and Effects to the Execu-
tors of his Will therein-after named, their Executors, Administrators,
and Assigns, in Trust that they or the Survivor of them, or-the
Executors or Administrators of such Survivor, should so soon as con-
veniently might be after his Decease sell all or such Part thereof as
might be necessary, and apply the Money arising from such Sale in
paying off and discharging (as far as the same would extend) such
Charges and other Incumbrances as then were or thereafter might be
charged on all or any Part of
his
Freehold Estates, and which should
be subsisting at the Time of his Death, and after Payment thereof to
[Private."] g a stand
W
4°&5°GULIELMI IV. Cap.27.
stand possessed of the Residue of his Personal Estate in Trust to pay
the following Legacies, which he thereby gave to the several Persons
therein-after named; (that is to say,) the Sum of Twenty thousand
Pounds to his Daughter Harriet Aston, (now the Wife of the Honour-
able and Reverend Arthur Chetw/nd Talbot,) if she should attain the
Age of Twenty-one Years, or marry, whichever should first happen,
but in case she should happen to die before she should attain that
Age,
and unmarried, (being an Event which cannot now happen,)
then he directed that the said Sum of Twenty thousand Pounds should
sink into the Residue of his Personal Estate; and the said Testator,
after directing the Investment by his said Executors of the said Sum
of Twenty thousand Pounds, after having paid the Legacy Duty
thereon, and which he authorized them to deduct and retain out of
the same, in any of the Government or Public Stocks or Funds, or on
Real Securities, as therein mentioned, and the Application of the
Dividends or Interest thereof for the Maintenance and Education of
his said Daughter until she should attain the Age of Twenty-one
Years or be married, and- the Accumulation of the Surplus of such
Dividends or Interest for her Benefit, gave and bequeathed to his
Brother Arthur Ingram Aston, (in the said Will called Arthur Aston)
the.
Sum of Two thousand Pounds, and to his the said Testator's
Sister Harriet Elizabeth Frances Aston Two thousand Pounds; and,
subject and charged as aforesaid, he directed his said Trustees to
stand possessed of such Personal Estate and Effects upon such and
the same Trusts, and to and for such and the same Persons, and for
such and the like Estates as he therein-after expressed and declared
of and concerning his Real Estates, or as nearly thereto as the Rules
of Law and Equity'and the different Nature of the Property would
admit, but nevertheless that such Personal Estate and Effects should
not vest in any Person or Persons entitled under his said Will to any
Interest in his Real Estates, for the Purposes of Transmission, unless
such Person should attain his or her Age of Twenty-one Years ; and
the said Testator thereby gave, directed, limited, and appointed all
his Freehold Manors, Messuages, Lands, Tenements, and Heredita-
ments, whatsoever and wheresoever, of which he was then seised in
Possession, Reversion, Remainder, or Expectancy, or any other
Manner whatsoever, (except such Estates as were then in mortgage
to him,) unto the Reverend George Heron of Daresbury in the County
of Lancaster, Clerk, and Thomas Legh of Lyme Park in the County
of Chester, Esquire, their Heirs and Assigns, to the Use of Hugo
Charles Meynell of Hore Cross in the County of Stafford, Esquire, and
James Hugo Greenwell of Bentinch Street in the Parish of Saint Mary.
lebone in the County of Middlesex, Gentleman, their Executors, Ad-
ministrators, and Assigns, for the Term of Two thousand Years, to
commence on the Day of his the said Testator's Decease, upon the
Trusts and for the Purposes therein-after mentioned; and after the
Determination of the said Term of Two thousand Years, and in
the meantime subject thereto, to the Use and Intent that his said
Brother Arthur Ingram Aston, therein called Arthur Aston, and his
Assigns, should receive during his Life an Annuity of Three hundred
Pounds, to be payable and paid at the Times and in the Manner
therein mentioned; and, subject thereto, to the Use of the said Testa-
13 tor's
4°&5°GULIELMI IV.
Cap.
27-.
tor's Son Arthur Wellington Hervey Aston (in the said Will called
Arthur Wellington Aston) and the Heirs Male of his Body lawfully
issuing ; Remainder to the Use of his the said Testator's Daughter
the said Harriet Aston and the Heirs of her Body; Remainder to the
Use of any other Son or Sons of the said Testator's Body lawfully
issuinof.
and the Heirs of their Bodies, such Sons and the Heirs of
their Bodies to take in Succession and according to Priority of
Birth ; Remainder to the Use of any other Daughter or Daughters
of his Body lawfully issuing, and the Heirs of their Bodies, to take
in Succession and according to Priority of Birth; Remainder to
the Use of his the said Testator's Brother the said Arthur Ingram
Aston and. his Assigns for his Life, with such Powers of jointuring
and. charging Portions as in the said Will mentioned ; Remainder
to the Use of the said George Heron and Thomas Legh and their
Heirs,
during the Life of the said Arthur Ingram Aston, upon
Trust to preserve contingent Remainders; Remainder to the Use
of the First Son of the Body of his the said Testator's said
Brother Arthur Ingram Aston in Tail Male ; Remainder to the Use
of the Second, Third, Fourth, and all and every other Son and Sons
of the Body of his said Brother, severally and successively in Tail
Male; Remainder to the Use of all and every the Daughter and
Daughters of his said Brother, severally and successively, as Tenants
in Common, with Cross Remainders in Tail General; with Remainder
to the Use of the said Testator's own right Heirs for ever ; and the
said Testator thereby declared that the said Term of Two thousand
Years was so devised to the said Hugo Charles Meynell and James
Hugo Greenwell, their Executors, Administrators, and Assigns, in
Trust that they the said Hugo Charles Meynell and James Hugo
Greenwell,.andJ,he,Survivor of them, and the-Executors or Adminis-
trators of such Survivor, should by Mortgage, Sale, or other Dispo-
sition of the said Freehold Manors and Hereditaments comprised in
the said Term of Two thousand Years, or any Parts or Part thereof
for all or any Part of the said Term, or by and out of the Rents,
Issues, and Profits
thereof,
or by all or any of the said Ways and
Means, or such other Ways and Means as the said Trustees or Trustee
should think reasonable, levy and raise such Sum and Sums of Money
as should or might be necessary for the Payment and Satisfaction of
all or so much of his said Debts, Charges, and Incumbrances, and the
several Legacies aforesaid, as his Personal Estate and Effects should
not be sufficient to pay, and which the said Testator did thereby in
such Case charge on his said Real Estates; and subject thereto, and
in Trust for better securing the Payment of the said Annuity or Rent-
charge of Three hundred Pounds to his said Brother and his Assigns
for his Life at the Days and Times and in Manner therein-before
appointed for Payment of the same, with Power of Entry in case the
said Rent-charge should be in arrear; and upon Trust that in case his
said Brother, or the First or other Son of his Body, or the Heirs Male
of the Body of such Son, or any Daughter or Daughters of the Body
of his said Brother, or the Heirs of the Body of such Daughter or
Daughters, should become entitled in Possession .to his said Real
Estate under or by virtue of his said Will, then by all or any of the
Ways and Means aforesaid to levy and raise the Sum of Ten thousand
Pounds
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