John Earl of Strathmore and Kinghorn estate: enabling the trustees of his Scottish estate to pay yearly sums to trustees for Thomas Lyon Bowes, Lord Glamis Act 1841

Publication Date:January 01, 1841
 
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John Earl of Strathmore and Kinghorn estate: enabling the trustees of his Scottish estate to pay yearly sums to trustees for Thomas Lyon Bowes, Lord Glamis Act 1841

(4 & 5 Vict.) c. 37

An Act to enable the Trustees of the Trust Estates in Scotland of John Bowes Lyon, late Earl of Strathmore and Kinghorn, deceased, to advance and pay certain yearly Sums on behalf of Thomas George Lyon Bowes commonly called Lord Glamis, his Grand-nephew, who in certain Events will become entitled to the Trust Estates in question.

[21st June 1841]

ANNO QUARTO & QUINTO VICTORLE REGINJE ######*#####**'### Cap.SI. An Act to enable the Trustees of the Trust Estates in Scotland of John Bowes Lyon, late Earl of Strathmore and Kinghorn, deceased, to advance and pay certain yearly Sums on behalf of Thomas George Lyon Bowes commonly called Lord Glamis, his Grand-nephew, who in certain Events will become entitled to the Trust Estates in question [21st June 1841.] his Scotch Estates, 15th Dec. 1815. b} W HEREAS the Right Honourable John Bowes Lyon Earl of Earl of -Strathmore and Kinghorn, Viscount Lyon, Lord Glamis, Strathmore's Tannadyce, Seidlaw, and Strathdighty, now deceased, did, Entai1 of a Disposition and Deed of Entail, bearing Date the Fifteenth Day of December , in the Year of our Lord One thousand eight hundred and fifteen, registered in the Books of Council and Session in Scotland the Thirtieth Day of November in the Year of our Lord One thousand eight hundred and twenty, and in the Register of Entails the Thirty-first Day of May in the Year of our Lord One thousand ei yht hundred and twenty-five, for the Causes therein specified, give, grant, and dispone, and grant Procuratory for resigning, all and sundry the Earldom, Lordships, Thaindoms, Towns, Lands, Baronies, Burgh of Barony, Patronages, ChapJ^inries, [Private.'] a b Heritable 9V6 4 & 5 VICTORIA Cap. 37. .? Heritable Offices, Woods, Mills, Teinds, Fishings, and other Heritages therein-after specified, lying and described in manner therein-after mentioned, being all and sundry his Lands, ancient Barony, Lordship, and Thaindom of Glamis, and other Lands and Estates, lying within the Sheriffdoms of Forfar, Perth, Fife, and Kincardine, in the Hands of the immediate lawful Superiors thereof or of their Com- T , their Names having Power to receive Resignations, and thereupon to grant new Infeftments, in favour and for new heritable Infeftments of the same to be granted to himself, and the Heirs Male lawfully to be procreated of his Body, successively in Order according to their respective Seniorities, and the Heirs Male respectively to be procreated of their Bodies successively ; whom failing, to the Heirs whatsoever lawfully to be procreated of the Bodies of his said Heirs Male, successively in Order according to their Seniority, and the Heirs whatsoever respectively to be procreated of their Bodies respectively; whom failing, to the Heirs whatsoever lawfully to be procreated of his Body, successively in Order according to their Seniority,, and the Heirs whatsoever respectively to be procreated of their Bodies successively; whom failing, to any Person or Persons to be named by him in any Nomination or other Writing to be executed by him at any Time of his Life; and failing of such Nomination, and of the Person or Persons to be therein named, and their Heirs, then to the Persons having Right for the Time to the Titles, Dignities, and Honours of Earl of Strathmore and Kinghorn, or any other Titles, Dignities, and Honours enjoyed by him and the Persons succeeding thereto in all Time coming, in virtue of the Rights and Patents of his said Titles and Honours; declaring that in case his Titles and Honours should happen- to divide or separate, and to devolve or descend to different Persons, then the Persons succeeding to the highest Scotch Title of Dignity enjoyed by him should, upon Failure of all his Heirs of Taillie before mentioned or to be appointed or named by him, have Right to the Succession of the Lands and Estates therein-before resigned, his Intention being that in that Case his said Lands and Estates should belong to the Person succeeding to the highest Scotch Title of Dignity then enjoyed by him; whom failing, by the Extinction of all his Titles and Honours, then his said Lands and Estates, should fall and devolve and belong to his Heirs Male whatsoever; whom failing, to his own nearest Heirs whatsoever and their Assignees, the eldest Heir Female and the Descendants of her Body always excluding Heirs Portioners, and succeeding still without Division throughout the whole aforesaid Course of Succession, as well of Heirs whatsoever as of Heirs of Taillie, but always with and under the Conditions, Provisions, Restrictions, Limitations, Exceptions, Clauses irritant and resolutive, Declarations, Powers, Faculties, and Reservations therein-after written, and which are usual in Settlements of strict Entail by the Law and Practice of Scotland: Deed of And whereas the said John Bowes Lyon Earl of Strathmore and Nomination Kinghorn, by a Deed of Nomination and Appointment of Heirs of e" H?}t\?\ Entail executed by him, bearing Date the said Fifteenth Day of De-DecTisis oember in the Year of our Lord One thousand eight hundred and fifteen, registered in the Books of Council and Session in Scotland the said Thirtieth Day of November in the Year of our Lord One thousand eight hundred and twenty, and in the Register of Entails the Thirtv-first 4 & 5 VICTORIA, Cap. 37. Thirty-first Day of May in the Year of our Lord One thousand eight hundred and twenty-five, upon the Recital of the foresaid Disposition and Deed of Entail executed by him, and on the further Recital that of the Date thereof he had executed a Trust Disposition of his said Estates, whereby in the event of his Death without Heirs of his Body the same would be vested in Trustees for the Uses and Purposes therein specified, and the Right of the said Trustees would be preferable to and exclude all the Heirs of Entail therein-after named and appointed other than and except the Heirs of his own Body, and being resolved to exclude the Honourable Thomas Bowes, his only surviving Brother German,.and John Lyon of Heiton House in the County Palatine of Durham, and Charles Lyon.his Brother, from ever succeeding to his said Estates, he had resolved to execute the said Deed of Nomination and Appointment; therefore he did thereby declare and appoint that in case of the Failure of Heirs whatsoever of his Body, and the Heirs of their Bodies, his said Lands and Estates should devolve and belong to the Heirs Male lawfully procreated or to be procreated of the Body of the said Thomas Bowes, successively in their Order, according to their respective Seniorities, and the Heirs Male respectively to be procreated of their Bodies successively; whom failing, to the Persons having Right for the Time being to the Titles, Dignities, and Honours of Earl of Strathmore and Kingliorn, and any other Titles, Dignities, and Honours enjoyed by him, other than and except the said Thomas Bowes, John Lyon, and Charles Lyon, all and each of whom were thereby specially excluded and debarred from ever succeeding to or enjoying his said Lands and Estates; declaring that in case his Titles and Honours should happen to divide and separate, and to devolve and descend to different Persons;, then the Person succeeding to the highest Scotch Title of Dignity enjoyed by him, excluding and excepting always the said Thomas Bowes, John Lyon, and Charles Lyon, should, upon the Failure of all his Heirs of Taillie before mentioned or to be appointed or named by him, have Right to the Succession and Enjoyment of the said Lands and Estate, his Intention being that in that Case his said Lands and Estate should belong to the Persons succeeding to the highest Scotch Title of Dignity then enjoyed by him, excepting always the said Thomas Bowes, John Lyon, and Charles Lyon, none of whom should ever succeed to or enjoy his said Lands and Estates, or any Part of them, and who were all and each of them thereby specially excluded therefrom as aforesaid; whom failing, by the Extinction of all his Titles and Honours, then his said Lands and Estates should fall and devolve and belong to his Heirs Male whatsoever, excluding always the said Thomas Bowes, John Lyon, and Charles Lyon ; whom failing, to his own nearest Heirs whatsoever, and their Assignees, the eldest Heir Female and the Descendants of her Body always excluding Heirs Portioners, and succeeding still without Division throughout the whole aforesaid Course of Succession, as well of Heirs whatsoever as of Heirs of Taillie, but always with and under the Provisions, Restrictions, Limitations, Exceptions, Clauses irritant and resolutive, Declarations, Powers, Faculties, and Reservations contained in the foresaid Disposition and Deed of Entail; and it was thereby declared that the said Disposition and Deed of Entail was granted and should be accepted by the Heirs 928 4 & 5 VICTORIA, Cap.37. Heirs of Entail thereby appointed to succeed to the said Lands and Estates, failing Heirs of his own Body, with and under the Burden of the foresaid Trust Disposition, as therein mentioned: Trust And whereas the said John Bowes Lyon Earl of Strathmore and Disposition, Kinghorn, by a Trust Disposition executed by him, bearing Date i9i^DeC ^ie sa^ Fifteenth Day of December in the Year of our Lord One thousand eight hundred and fifteen, and recorded in the Books of Council and Session in Scotland the Second Day of August in the Year of our Lord One thousand eight hundred and twenty, after reciting the aforesaid Disposition and Deed of Entail, and also the aforesaid Deed of Nomination and Appointment, and also upon this further Recital that he had executed a Will of his Estates and Pro perty situated in England, and that he was resolved that his Lands and Estates in Scotland then belonging to him, together with such other Lands and Estates there as should...

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