Leeds Free Grammar School estate: enabling the trustees to sell estates and purchase others, and other provisions Act 1847

JurisdictionUK Non-devolved
Citation1847 c. 27
ANNO DECIMO & UNDECIMO
VICTORLE REGINA.
**************************************************
Cap.
26.
An Act for enabling Leases, Sales, and Partitions
to be made of certain Estates in the Countv
Palatine of Lancastei* heretofore belonging to
John Penson and Molly his Wife.
[VUJuly 1847.]
W
HEREAS on the Fifteenth Day of August One thousand
eight hundred and twelve John Penson, being or claiming
to be seised in his Demesne as of Fee or otherwise well en-
titled to the Inheritance in Fee Simple of an undivided Share of certain
of
the Lands and Hereditaments mentioned in the Schedule to this Act, and
the Entirety of certain other of the Lands and Hereditaments mentioned
in the said Schedule, departed this Life intestate, leaving Molly Penson
his AYidow, and his Four Daughters, Anne Penson, Mary Penson,
Elizabeth Esther Pemon, and Ellen Penson, his Co-heiresses at Law:
And whereas by Indentures of Lease and Release dated respeetively indentures
the Thirteenth and Fourteenth Days of February One thousand eight ofLea=eand
hundred and fifteen, that of Release between William
Eccles
of the First Release,
Part, the said Anne
Penson
and Mary
Penson
of the Second Part, and the ^ ^
\}^
said Molly Penson of the Third Part, the undivided Shares of the said feb. 1815.
Anne Penson and Mary Penson of certain of the Lands and Heredita-
ments mentioned in the said Schedule were limited to the Use of the said
[Private.'] 10 g Molly
854 10° & 11° VICTORLE, Cap.26.
Indenture of Molly Penson, her Heirs and Assigns: And whereas by Indenture of
Settlement, Settlement dated the Twenty-first Day of Fehruary One thousand
Feb 1816
eignt
hundred and sixteen, between the said Mary Penson of the First
Part, Henry WMtaker of Liverpool of the Second Part, the said Molly
Penson of the Third Part, and the said Anne Penson and John Hodson
Kearsley of the Fourth Part, (being the Settlement on the Marriage
whieh was shortly after solenmized between the said Mary
Penson
and
Henry Whitaker,) her undivided Share of certain of the Lands and
Hereditaments mentioned in the said Sehedule was limited, in remain-
der expectant on the Determination of Limitations which have since
determined, to the Use of the Children and the Issue per stirpes of
deceased Children of the said Mary Penson respectively living at her
Decease, as Tenants in Common in Fee, with divers Lses in default of
such Children and Issue ; and an Agreement was therein contained for
the Settlement of future Real Estate of the said Mary Penson to like
Uses,
and a Power was thereby ereated enabling the said Molly Penson
to make Säle of the Hereditaments thereby settled and agreed to be
settled: And whereas there were Issue of the said Mary the Wife of
the said Henry WMtaker of Liverpool Eleven Children, and no more,
of whom Ten are now living, to wit, John Penson Whitaker her eldest
Son, Henry Whitaker now of Wigan, William Whitaker, Mary the Wife
of William
George
Maude, late Mary Whitaker the younger, Ann Whi-
taker,
and Edwin
Whitaker.
who are all now of
Age,
and
Robert
Whitaker,
Elizabeth Whitaker, Helen Penson Whitaker, and Frames
Whitaker,
who
are all now Infants: And whereas the other Child of the said Mary
the Wife of Henry Whitaker of
Liverpool,
to wit,
George
Arthur Whitaker,
was born in the Year One thousand eight hundred and thirty-four, and
departed this Life in the Year One thousand eight hundred and thirty-
six: And whereas on the Second Day of January One thousand eignt
hundred and eighteen the said Elizabeth Esther Penson departed
this Life unmarried and intestate, leaving her Three Sisters, Anne
Penson, Mary Whitaker, and Ellen Penson, her Co-heiresses at
Law: And whereas the undivided Shares of certain of the Lands
and Hereditaments mentioned in the said Sehedule to which the said
Mary Whitaker became entitled as such Co-heiress became subjeet
in Equity to the Limitations and Provisions of her said Marriage
Will
of Anne Settlement: And whereas the
said
Anne Penson, by her Will dated the
Penson, Twenty-eighth Day of November One thousand eight hundred and
Novdl8822 twentJ-tW0) and proved after her Death in the Consistory Court of the
Bishop of
Chester,
devised her undivided Shares of certain of the Lands
and Hereditaments mentioned in the said Sehedule to the said MoUy
Penson for her Life, with a Power of Appointment of the same by her
Will in favour of the said Testatrix's Two Sisters and their Issue, and
in default of such Appointment unto such of the said Testatrix's Two
Sisters the said Mary
WJtitaker
and Ellen Penson as should be living
at the Death of the said Molly Penson, and the Issue then living of
such of the same Two Sisters as should be then dead, equally, the
Issue of each deceased Sister to stand in her Place, and to take
equally if more than One, and to their respective Heirs and Assigns,
the Share which she would if living have taken, with a Limitation
to the said Molly Penson, her Heirs and Assigns, if at her Death both
of the same Sisters should be dead, and there should not be any Issue
living
10° &
11°
VICTORIA, Cap.26. 855
Uving of either of them at that Time: Arid whereas on the Twenty-
third Day of February One thousand eight hundred and twenty-three
the said Anne Penson departed tliis Life, leaving her said Two Sisters,
Mary Whitaker and Ellen Penson, her Co-heiresses at Law: And Indenture of
whereas by Indenture of Settlement dated the Tenth Day of April Settlement,
One thousand eight hundred and thirty, between the said Ellen ^tei10th
Penson of the First Part, the said Molly Penson of the Second pnl 18m
Part, and the said John Hodson Kearsley of the Third Part, the un-
divided Shares of the said Ellen Penson of certain of the Lands and
Hereditaments mentioned in the said Schedule were limited in re-
mainder, after Limitations which have since failed, to the Use of the
said Ellen Penson and her Assigns during her natural Life, without
Impeachment of Waste, for her separate Use, with Eemainder to the
Use of the said John Hodson Kearsley and his Heirs, during her
natural Life, upon trust for her separate Use with Remainder to the
Use of such of her Children, Grandchildren, and more remote Issue as
should be living at her Decease, as Tenants in Common in Tail, such
Grandchildren and more remote Issue to take as Tenants in Common
in Tail the Share only which their respeetive Parents would if living
have taken; and in the same Indenture were contained Limitations
which cannot now take effect, and a Limitation if the said Mary
Whitaker should die in the Lifetime of the said Ellen Penson leaving
lawful Issue living at the Death of the said Mary Whitaker, and the
said Ellen Penson should afterwards die without lawful Issue living
at her Death, then from and immediately after such her Decease to
the Use of such of the Children, Grandchildren, and more remote Issue
öf the said Mary Whitaker as should be living at the Death of the
said Ellen Penson, as Tenants in Common in Tail, such Grandchildren
and more remote Issue to stand in the Place of their respeetive Parents,
and to take as Tenants in Common in Tail the Share only which
their respeetive Parents would if living have taken, and a Limitation
if the said Mary Whitaker should die in the Lifetime of the said Ellen
Penson leaving Issue living at the Death of the said Mary Whitaker,
and all such Issue should afterwards die without leaving lawful Issue
in the Lifetime of the said Ellen Penson, and if she having survived
the said Mary Whitaker should afterwards die without leaving lawful
Issue living at the Death of the said Ellen Penson, and at such her
Decease there should not be any Issue of the said Mary Whitaker
living, then from and immediately after such Decease of the said
Ellen Penson to the Use of the right Heirs of the said Molly Penson:
And whereas on the Twenty-ninth Day cf
Oetober
One thousand eight
hundred and thirty-six the said Mary Whitaker departed this Life,
leaving the said John Penson Whitaker her Heir at Law: And whereas indenture,
by Indenture dated the Xineteenth Day of May One thousand eight dated I9th
hundred and thirty-eight, between the said William Roper Eccles, May *838-'
Richard
Eccles,
and Thomas Hodson Eccles of the First Part, the said
John Penson Whitaker of the Second Part, the said John Hodson
Kearsley of the Third Part, the said Molly Penson of the Fourth Part,
and the said Ellen Penson of the Fifth Part, in pursuance of the
said Power of Säle created by the said Settlement of the Twenty-first
Day of February One thousand eight hundred and sixteen, the
nndivided Share of certain of the Lands and Hereditaments men-
tioned

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