John Gwyn estate: establishing and executing the trusts of his will and incorporating the trustees, and other provisions Act 1830

Publication Date:January 01, 1830
 
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John Gwyn estate: establishing and executing the trusts of his will and incorporating the trustees, and other provisions Act 1830

(11 Geo. 4 & 1 Will. 4) c. 47

An Act for establishing and carrying into execution the Trusts created by the last Will and Testament of John Gwyn, late of the City of Londonderry, Merchant, deceased, and for incorporating the Trustees therein named; and for other Purposes.

[16th July 1830]

ANNO PRIMO GULIELMI IV. REGIS. #*4H|Ht**JHHMHMHiHMHf&*^^ Cap AT. An Act for establishing and carrying into execu tion the Trusts created by the last Will and Testament of John Gwyn, late of the City of Londonderry, Merchant, deceased, and for in corporating the Trustees therein named; and for other Purposes. [16th July 1830.] W HEREAS John Gwyn of the City of Londonderry in that Part of the United Kingdom called Ireland, Merchant, deceased, did duly make and publish his last Will and Testament in Writing, according to the Form of the Statute for devising Real Estates, bearing Date the Sixteenth Day of May One thousand eight hundred and eighteen, and did thereby give, devise, and bequeath unto the Honourable and Right Reverend the Lord Bishop of Berry, the Reverend George Hay, Minister of the Presbyterian Congregation of Londonderry, and his Col league, and the Successors of the said Bishop of Berry and of the said Ministers of the Presbyterian Congregation of Londonderry, and to John Acheson Smyth, James M'Crea, William M'CHntock of Waterloo Place, William Macky, John Bysart, Patrick Gilmour, Thomas Harvey, Andrew Moore, John Thompson, John Kelso, Thomas Bavenport, Samuel Lee, Thomas Ramsay, Bavid Gilmour, William Kerr M'Clintock, Thomas Woore, William Bysart, and Andrew Alexander Watt, all of the City of London derry, Merchants, and their Successors, to be chosen and appointed as therein-after mentioned, all the Real and Personal Estate whereof he should die seised, possessed of, or entitled to, and of every Nature, Kind, and Description, to hold to them and their Successors upon the Uses, Trusts, and Purposes therein mentioned and appointed ; that is to say, [Private.] 13 £ in 1142 1" GULIELMI IV. CapAl. in the first place to discharge his just Debts, and defray the Expences of proving bis Will, and also in Trust to pay all and singular the Legacies which he should or might thereafter leave and bequeath either by a Codicil to his said Will, or by any Will or Wills to be by him thereafter executed, or by any Instrument or Paper written and signed by him, although such Paper should not be witnessed; and after Payment of his just Debts, and the Expences of proving his Will, and his said Legacies, the said Testator then devised his said Property, both Real and Personal, to his aforesaid Trustees, and their Successors to be appointed as therein-after mentioned, in Trust that in case he should not have purchased Lands or Real Estate in his Lifetime to the Extent of his Capital, his said Trustees and their Successors should lay out the entire of his Personal Property in Money or Securities for Money, and his Personal and Chattel Property of every Description, in the Purchase of a Fee Simple Estate or Estates, or in the Purchase of well-circumstanced Church Land Property, which Pur. chase should be made in the Name of his said Trustees, and should from Time to Time descend to their Successors to be appointed as therein-after mentioned, so as at all Times thereafter to support and preserve a perpetual Succession in the Lands and Property so to be purchased for the Intents and Purposes therein-after mentioned ; that is to say, that his said Trustees, and those who should be elected and substituted in their Place, should from Time to Time and at all Times thereafter, when Matters should be properly arranged, and the Funds should be perfectly adequate to the Purpose, receive and take under their Protection and Care as many Male Children of the poor or lowest Class of Society resident in and belonging to the City of Londonderry, and the Precincts around the same, as therein-after described, as the said Funds will feed, clothe, and educate, Orphans, or such Children as have lost one of their Parents, always to be preferred ; and it was the said Testator's Will and Desire that the said Children, after being properly educated in manner and according to the System therein-after mentioned, should be bound Apprentices to Mechanical Trades or to a seafaring Life, and that they should be received into the Institution at the same Age as they are admitted into the Protestant Charter Schools, or at such other Age as the Trustees or their Successors, or the Majority of them, should deem proper; and it was also the said Testator's Will and Desire that none should be admitted who were unsound in Body or depraved in Mind, and that previous to their Admission a Certificate of their State of Bodily Health should be produced to the said Trustees and their Successors by a Surgeon to be appointed and paid by the Trustees of said Testator's Will for the Time being; the said Testator did also will and direct that in the Reception of Children no Distinction should be made as to their Religious Persuasion, but that all Classes should be equally admitted, and that all Children of the Roman Catholic Persuasion, who should become Inmates, should be educated in the Principles of their own Church if it should be the Wish of their Parents and Relatives, and that they should be permitted to attend public Worship at their own Chapel on Sundays, under the Care of some proper Person who would pay strict Attention to their Conduct; it was also said Testator's Will and Desire, that the Master of the School and his Assistants should be Protestants or Protestant Dissenters, that they should be Men of unblemished Characters, and that they should receive and be paid fair and liberal Salaries, at the Discretion of the Trustees and their Successors, such Salaries nevertheless to be proportioned to the Measure of the Funds 4 and TGULIELMI IV. CapAl. 1143 and the Nature of the Trouble; at the same Time Testator expressly-desired that no Person who might be employed either as Master, Assistant, or Servant should receive any Provision, Pension, or Remuneration from the Funds of the Institution, when it was necessary that they or any of them should retire either from Age or Incapacity to discharge the Duties required of them, and that the said Trustees and their Successors should be at all Times Judges of the Fitness of said Master, Assistants, and Servants, and have full Power and Authority to discharge them and each of them from his, her, or their Situations; it was also said Testator's Desire that no Clergyman of any Religious Persuasion should be permitted to visit the School or Institution in his professional Capacity, without the Permission of the said Trustees and their Successors, or the Majority of them; and the said Testator also ordered and directed that Children whose Parents should have resided Three or Five Years in the City of Londonderry, or that Part of the Liberties thereof situate on the North-west Side of the River Foyk, and also the Children of those who should have resided in the Village of Muff in the County of Donegal, and within the Extent of One Mile around said Village, should be admissible into the Establishment upon a proper Certificate being produced of the aforesaid Facts, signed by the Protestant Curate of the Parish, the Presbyterian Minister of the Congregation where they should reside, and One or Two of the most respectable Inhabitants; and if the Testator's said Trustees and their Successors, or the Majority of them, should deem any other Recommendation or any other Regulation to gain Admission necessary or expedient, they were at full liberty to adopt the same; and should the Funds enable them to enlarge the Establishment or extend its Limits, as theretofore by said Will prescribed, they were at liberty to admit Children resident at the Water Side of Berry, and within a small Range around it, not exceeding the Extent of the Liberties, but so as sufficient Accommodation should always be kept for the Children belonging to the City of Londonderry; it was also Testator's Will and Desire that in feeding and clothing the different Inmates, as well as in every other Branch of Expenditure, Economy should be strictly attended to; it was also Testator's Wish and Desire that the System of Education should be confined to Spelling, Reading, Writing, and Arithmetic, and that his said Trustees and their Successors, and the Majority of them, should have the Discretion of allowing Boys of superior Talents and Abilities to be taught the Elements of Book-keeping and Navigation, provided Time and Circumstances would permit; it was also Testator's Will and Desire that the Principles of sound Christian Morality, and the Doctrine of Salvation by the Merits, Suffering, and Mediation of our Blessed Lord and Redeemer, should be frequently and strongly inculcated upon the Minds of the Children, and that they should be frequently practised in reading the sublime, beautiful, and instructive Passages of Scripture, and such other Books as might have a Tendency to inform and improve the Mind, which, by the Blessing of Providence, might probably promote virtuous Conduct, and stop the Progress of Vice and Immorality ; the said Testator also willed and directed that his Trustees and their Successors should appoint an Agent to the Institution, and that for that Purpose they should select a Man of upright Character and Integrity, who should be paid a fair and reasonable Salary, and give ample Security for the faithful Discharge of his Duty and for the due Application of such Monies or Property as he should be intrusted with; and he also desired that all Persons to whom Money should be intrusted 1144 1GULIELMI IV. CapAT. intrusted should in like Manner give Security for its due Application j and in case any of his aforesaid Trustees should have...

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