Sir Gilbert Stirling Estate Act 1854

Publication Date:January 01, 1854
 
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Sir Gilbert Stirling Estate Act 1854

(17 & 18 Vict.) c. 21

An Act to extend the Time during which the Trustees of the late Sir Gilbert Stirling of Mansfield, Baronet, were authorized to purchase Lands to be entailed in the Terms declared by certain Trust Deeds executed by him; to enable the Trustees to purchase within any Part of Scotland; to regulate the Powers of borrowing conferred by the said Deeds; and for other Purposes relating thereto.

[31st July 1854]

ANNO DECIMO SEPTIMO & DECIMO OCTAVO VICTORLE REGIN.E. **************************#***********************?# Cap, 21. An Act to extend the Time during which the Trustees of the late Sir Gilbert Stirling of Mans- Jield) Baronet, were authorized to purchase Lands to be^entailed in the Terms declared by certain Trust Deeds executed by him; to enable the Trustees to purchase within any Part of Scotland; to regulate the Powers of borrowing conferred by the said Deeds; and for other Purposes relating thereto. [31st July 1854.] W HEREAS Sir Gilbert Stirling of Mansfield, Baronet, by his Trust Dis-Trust Disposition and Deed of Settlement and Entail, position and dated the Twenty-third Day of May One thousand eight Semen'alfd" hundred and eighteen, and recorded in the Books of Council and Entail by Sir Session the Third Day of March One thousand eight hundred and ,9llber1t Stl.r" . i v . ,. , Jing, dated forty-three, tor the Causes therein set forth, gave, granted, and dis- 23d May, poned to Sir Thomas Livingstone of Westquarter, Baronet, Sir John 1818- Marjoribanks of Lees, Baronet, Daniel Macqueeri of Netherwood Bank, James Mansfield of Midmar, Charles Stirling Merchant in Glasgow, Brother of James Stirling of Keir, ' George Paterson younger of Castle Huntty, George Ramsay of Inchry, Esquires, and [Private.] 5 % John 458 17 & 18 VICTORIA Cap. 21. Sir Gilbert Stirling's Estate Act, 1854. John Russell, Clerk to the Signet, and to any other Person or Persons whom he might thereafter appoint by a Writing under his Hand, or who should be assumed, in virtue of the Powers therein written, as Trustees for executing the Trust thereby created, and to the Survivors or Survivor of the said Trustees named or to be named by him, or who should be assumed as aforesaid, and who should accept thereof, any Three of them being a Quorum, and any One of them having sufficient Power to act in case only One of them should accept and survive, but in trust for the Uses, Ends, and Purposes, with the Powers and under the Conditions, Provisions, Declarations, and Reservations therein written, all and sundry Lands, Houses, Tenements, Tacks, Annual Rents, Adjudications, and other Heritages or Heritable Estate whatsoever, then belonging or which should belong to him at his Death, and particularly without Prejudice of the said Generality, all and whole those Parts and Portions of the Town and Lands of Broughton, the Lands of Hill Housefield, and Lands of Bonny town, as therein particularly described, all lying in the Parish of Saint Cuthbert's, Barony of Broughton and Sheriffdom of Edinburgh, and also all and whole the Superiority or Dominium directum of all and whole those Parts and Portions of the Town and Lands of Falkirk, Parts of all and whole the Lands and Estate of Callander, lying within the Earldom of Callander and Sheriffdom of Stirling, therein more particularly described, as also these Parts of the Barony of Bocquhan called the Spittaltotvn of Bocquhan lying within the Parish of Gargunnock and Sheriffdom of Stirling, and also the Lands of Kepdo'wrie and Pertinents lying within the Barony of Gleneagles, Parish of Drymen, and Sheriffdom of Stirling, as also the whole Heritable and Moveable, Real and Personal Estate then belonging to him, or which should belong to him at the Time of his Death, as more particularly described in the said Trust Disposition and Deed of Settlement, but in trust to the Ends, Uses, and Purposes therein specified; viz., to the end that all Debts, Sums of Money, Rents, and other Moveable Funds and Effects disponed by him as- aforesaid, might be realized, and that the Superiorities disponed by him to his Trustees as aforesaid, and any Lands or Heritages belonging to him at his Death, might be sold by his said Trustees, and that the Produce, Prices, and Amount of the same might be applied, in the first place, in Payment of his Deathbed and Funeral Expenses, and the Expenses of managing and executing the Trusts thereby created, secondly for Payment of all his just and lawful Debts, thirdly for Payment within the Period mentioned of all Obligations, Annuities, Legacies, Donations, or other Bequests whatsoever granted or to be granted by him, fourthly for the Accumulation by his said Trustees of the whole of his Moveable Estate and Effects, and the Prices of such Part of his said Heritable Estates as 17 & 18 VICTORIA, Cap.21. 459 Sir Gilbert Stirling's Estate Act, 1854. as his Trustees should deem it advisable to sell, and also the annual Income arising from the Rents, Dividends, Interest of Money, and other annual Profits, after Payment of his Debts, Legacies, and Annuities, into a Stock or Fund to be applied by them from Time to Time as Opportunities should occur in purchasing such Lands and Estates as they might think eligible, either in the Vicinity of the Lands then belonging to him, or which should belong to him at the Time of his Death, or in any other Part of Scotland, according to such Directions as he might leave, and, failing such Directions, according to the Discretion and Judgment of the said Trustees themselves ; and he bound them to invest the whole of his said Moveable Estate and Effects, and the Price or Prices of such Part of his said Heritable Estate, when sold, in the Purchase of such Lands and Estates within Five Years after his Death, or if this could not be advantageously accomplished, then within the farther Period of Five Years, or within Ten Years in whole from the Date of his Death, but under certain Conditions and Provisions which were partially revoked and recalled by him as herein-after set forth; and he bound and obliged his Trustees, as soon as they had invested his Trust Funds in the Purchase of Lands as aforesaid,, to convey his whole Lands and Heritages which had not been sold, and also the Lands and Heritages to be purchased, to the Series of Heirs of Entail therein set forth, but which Series of Heirs of Entail was revoked and altered by him as also herein-after set forth; and he directed such Conveyance to be made under the various Conditions, Provisions, Prohibitions, Restrictions, Limitations, Exceptions, Clauses irritant and resolutive, Powers, Faculties, and Declarations and Reservations contained in the said Deed under Recital, being such as are usual in constituting a strict Entail according to the Law and Practice of Scotland,- and in case, at the End of the aforesaid Five Years or Ten Years after his Death, the Trustees should have failed in the Execution of the Trust, then he provided that his Moveable, and Heritable Estate should not thereby fall to the Heir of Entail first named in the Order of Succession, but it should be lawful for such Heir, or any other of the Heirs named in the Order of Succession, to apply to the Court of Session to name One or more Trustees for the immediate carrying into Execution of the Purposes of the said Trust: And whereas the said Sir Gilbert Stirling by the said Trust Disposition and Deed of Settlement further authorized each of the said Trustees to appoint a Successor to himself, and also each such Successor or Nominee to name other Persons to succeed them respectively, and the said Trustees accepting and surviving to assume and appoint any Person or Persons as Joint Trustees in place of his Trustees named or assumed who might decline to ?act or have died without appointing a Successor, the Trustees appointed having the same Powers as if they had been therein 460 17 & 18 VICTORIA, Cap. 21. Sir Gilbert Stirling's JSstate Act, 1854. therein named; and he conferred upon the said Trustees the usual and necessary Powers for the Management and Administration of the Trust Estate, heritable and moveable, and limited their Liability to their own actual Intromissions only, and he reserved to himself full Power and Liberty not only to revoke and alter the said Deed under Recital in whole or in part, but to sell, burden, or otherwise dispose of the whole Heritable and Moveable Estate, or any Part thereof, as freely as he could have done before granting the said Codicils, Deed : And whereas by a Codicil to his said Trust Disposition and 17th Sept. Deed of Settlement, dated the Seventeenth Day of September One 1819, and thousand eight hundred and nineteen, the said Sir Gilbert Stirling 1840Ma '' aPPinted Jhn Mansfield Esquire, younger, of Midmar, to be One of the Trustees for the Purposes of the said Deed ; and by another Codicil, dated the said Seventeenth Day of September One thousand eight hundred and nineteen, he directed that there should be paid to each of his Trustees who should accept the Sum of Two hundred Pounds; and by another Codicil, dated the Thirtieth Day of May One thousand eight hundred and forty, he revoked the said last- recited Codicil, and instead thereof he directed and appointed that his Trustees should hold Two regular Meetings in the Year, and that each of them who should be present at such Meetings should receive Ten Pounds for his Expenses and Trouble: Suppleraen- And whereas the said Sir Gilbert Stirling, by a Supplementary *i"7 ,Truf Trust Deed and Settlement, dated the Thirteenth Day of December Settlement. One thousand eight hundred and thirty-three, and recorded in the dated Books of Council and Session the Third Day of March One thou- 1S33. eC" sanc* e'gnt hundred and forty-three, upon a Narrative of his having disponed to the Trustees appointed by his said recited Trust Disposition and Settlement all his Heritable and Moveable Estate, and also of his having...

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