Henry Aston estate: vesting estates in trustees to raise money for the purchase of the Dutton Estate (Cheshire), and other provisions Act 1834

Publication Date:January 01, 1834
 
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Henry Aston estate: vesting estates in trustees to raise money for the purchase of the Dutton Estate (Cheshire), and other provisions Act 1834

(4 & 5 Will. 4) c. 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]

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.] W 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 4&5GULIELMI 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 Honourable 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 Hereditaments, 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, Administrators, 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&5GULIELMI 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 Administrators of such Survivor, should by Mortgage, Sale, or other Disposition 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 4&5GULIELMI IV. Cap.27. Pounds of lawful Money as aforesaid, and to pay the same to his said Sister Harriet Elizabeth Frances Aston, in case she should be living. at the Time of his said Brother, or any of his Sons or Daughters, or the respective Heirs of their Bodies, becoming so entitled as aforesaid ; and the said Testator thereby provided that in case his Personal Estate and Effects should not be sufficient to pay the said Sum of Twenty thousand Pounds so given to his said Daughter as aforesaid, the said Hugo Charles Meynell and James Hugo Greemsoell, or the Survivor of them, and the Executors and Administrators of such Survivor, should levy and raise by all or any of the Ways and Means aforesaid, yearly and every Year, until the said Sum of Twenty thousand Pounds should become payable, such Sum and Sums of Money for the Maintenance and Education of his said Daughter Harriet as his said Executors should think fit and proper, so as nevertheless no greater Sum than Three hundred Pounds should be raised or applied within any One Year for such Purpose; and he thereby appointed the said Arthur Ingram Aston and George Heron to be Guardians of his said Son and his...

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