The Cairness Estate Amendment Act 1856

Publication Date:January 01, 1856
 
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The Cairness Estate Amendment Act 1856

(19 & 20 Vict.) c. 13

An Act to amend and enlarge the Powers of an Act passed in the Twelfth and Thirteenth Years of the Reign of Her present Majesty Queen Victoria, intituled An Act for authorizing the Trustees of the late Thomas Gordon to sell his Estates of Cairness and others in the County of Aberdeen, and to apply the Price thereof in Payment of the Debts and Burdens affecting the same; and for laying out the Residue of the Price in the Purchase of other Lands, to be entailed in Terms of the Trust Deed of Settlement by the said Thomas Gordon; and for other Purposes.

[29th July 1856]

ANNO DECIMO NONO & VICESIMO VICTORIA REGI1NLE *************************************************** Cap, 13. An Act to amend and enlarge the Powers of an Act passed in the Twelfth and Thirteenth Years of the Reign of Her present Majesty Queen Victoria, intituled An Act for authorizing the Trustees of the late Thomas Gordon to sell his Estates of Cairness and others in the County of Aberdeen, and to apply the Price thereof in Pay~ ment of the Debts and Burdens affecting the same; and for laying out the Residue of the Price in the Purchase of other Lands, to be entailed in Terms of the Trust Deed of Settlement by the said Thomas Gordon ; and for other Purposes. [29th July 1856,] W HEREAS Thomas Gordon Esquire, of Cairness and Buth- law in the County of Aberdeen, deceased, by his Trust Disposition and Deed of Settlement, dated the Twenty- first Day of August One thousand eight hundred and thirty-nine, gave, granted, assigned, disponed, conveyed, and made over to and in favour of Captain John Leith, of the Royal Navy, his Cousin, Adam Cumine Esquire, of Rattray, Charles Bannerman Esquire, of [Private.'] 6 $ Crimonmogate, Trust Disposition and Deed of Settlement in the Scotch Form, dated 21st August 1839. 530 19 & 20 VICTORIA, Cap. 13. The Cairness Estate Amendment Act, 1856. Crimonmogate, afterwards Sir Charles Bannerman Baronet, the Reverend James Robertson Secretary of the said Thomas Gordon, Patrick Bannerman Advocate in Aberdeen, and John Blaikie Advocate there, and to such other Person or Persons as he might thereafter appoint, and the Survivors or Survivor of them accepting, and to such other Person or Persons as might be assumed into the Trust in virtue of the Powers therein granted, and to the Heir of the last Survivor, as Trustees for the Uses, Ends, and Purposes therein and after mentioned, and to their Assignees, (the Majority of the said Trustees being always a Quorum,) all and sundry Lands and Heritages, Goods and Gear, Debts and Sums of Money, Household Furniture and Farm Stocking, and in general the whole Estate and Effects, heritable and moveable, real and personal, of what Kind or Nature soever or wheresoever situated, then, belonging or Which should belong to him at the Time of his Decease, but in trust always for the Uses, Ends, and Purposes therein and after mentioned, in the first place for Payment of all the Truster's just and lawful Debtsj Death Bed and Funeral Expenses, the Expense of executing the Trust and defraying the whole Expense of his Establishment in Scotland to the First Term of Whitsunday ox Martinmas after his ' Decease ; secondly, for Payment to his Spouse Mistress Barbara Hannah De Hatchko or Gordon, for the Period, in the Manner, and at the Terms specified in a postnuptial Contract of Marriage therein and herein-after mentioned, of an Annuity of One thousand five hundred Pounds Sterling, with Liberty to his said Spouse to occupy and possess, in the Way therein pointed out, the Mansion House, Coach-houses and Stables, Gardens, Policies, and Home Farm bf Cairness; thirdly, for Payment to his Cousin the said Captain John Leith, during all thet ays of his Lifetime after the Decease of the said. Thomas Gordon, in case he should survive him, of a free Liferent Annuity of One thousand Pounds Sterling, payable as therein and after mentioned; fourthly, for Payment to the said Reverend James Robertson, during all the Days of his Lifetime after the Truster's Decease, in case he should survive him, of a free Liferent Annuity of Two hundred "Pounds Sterling, payable as therein and after mentioned; both which Annuities in favour of -the'-, said John Leith and James Robertson were declared to be payable in equal Moieties at Whitsunday and Martinmas in each Year, beginning the First Term's Payment of One Half of the said Annuities at' the First Term of Whitsunday or Martinmas which should happen after the Truster's Decease for the Half Year succeeding, and so forth half-yearly and termly during the Lifetime of each Annuitant after the Truster's Decease, with a Fifth Part more of liquidate Penalty in case of Failure in punctual Payment, and the due and ordinary Interest of each Annuity from the Term of Payment and until paid; and it was thereby declared that the foresaid Two Annuities should be Real Burdens upon the Truster's 19&20VICTORLE, Cap AS. The Cairness Estate Amendment Act, 1856. Truster's Heritable Estates in Scotland and Jamaica, and should be payable out of the readiest Rents and Profits of said Estates ; fifthly, for Payment of such pecuniary Legacies or Donations, and for Delivery of such special Subjects belonging to the Truster as he had given, granted, or bequeathed, or as he should thereafter give, grant, or bequeath at any Time in his Life, by any Writing or Writings under his Hand, whether formal or not, if expressive of his Intentions; sixth, in the event of the Truster's Death, leaving lawful Issue, he thereby directed his said Trustees to make over his whole Property to them under Burden of the foresaid Three Annuities, and of the Legacies before referred to in suck Manner as he should appoint, and failing such Appointment, in the Way and Manner directed by Law in Cases of intestate Succession, but in the event of .his Death without leaving lawful Issue^ and of his predeceasing, the Term of Whitsunday in the Year One thousand eight hundred, and forty-six, he thereby directed and appointed his said Trustees and Acceptors or Acceptor, Survivors or Survivor o'f them, to accumulate.the Residue of his Personal Estate, with the Interest or other Produce which might accrue thereon, and the Rents and Proceeds of his Heritable Estate, till the said Term of Whitsunday One thousand eight hundred and forty-six, and thereafter or upon his Death, if he should survive that Period, he directed and appointed his said Trustees, and the Acceptors or Acceptor, Survivors or Survivor, of them, to make over his Personal Property and.Rents of his Heritable Property as then accumulated in manner foresaid to and in favour of James Wilkinson his natural Son, if then alive, or, if dead, his lawful Issue, and the Heirs procreated or to be procreated of his Body ; whom failing, to the said Captain JohnLeith, if then alive, or, if dead, his lawful Issue ; whom failing, to the Truster's Cousin, Major William Fraser of Her Britannic Majesty's Forty-third-Regiment, of Foot, Son of the late Erskine Fraser Esquire, of Woodhill, if then alive, or, if dead, his lawful Issue; whom failing, to the before-named Adam' Cumine Esquire, if then alive, or, if dead, his lawful Issue ; whom failing, to the before-named Charles Bannerman, if then alive, or, if dead, his lawful Issue; and to dispone, assign, and convey; to and in favour of the same Persons and their lawful Issue in the Order aforesaid; whom all failing, to the Truster's own nearest Heirs and Assignees whomsoever, heritably and irredeemably, all and .haill the whole Heritable Estates in Scotland belonging or. which might, belong to him, by whatsoever Name or Names his Properties in Scotland were or might be known; as also all and whole that his Plantation called Georgia, with the Appurtenances, situated within the Parish of Trelawney in the Island of Jamaica, with all the Buildings, Mills, and Works of every Description, Cattle, Horses, Crop, and every other Article belonging to him on the said Plantation, and all other Heritable Property in the British Dominions then belonging or which should thereafter belong to him at 532 19 & 20 VICTORIA Cap AS. The Cairness Estate Amendment Act, 1856. at the Time of his Decease, the eldest Heir Female always succeeding without Division, and the whole Persons succeeding to his said Lands and the Husbands of such Heirs Female always assuming the Name of Gordon and bearing the Arms of Gordon of Buthlaw, and that by One or more Dispositions and other Deeds, as his said Trustees might consider best, but subject always to the Fetters of-a strict Entail, and under such Declarations, Limitations, Restrictions, Provisions, Clauses irritant and resolutive, as to them might seem best calculated to secure and carry into effect his Wishes, and preserve the Destination of his Estates, and secure the Performance of the Conditions attached to the Enjoyment thereof; and the said Thomas Gordon, by the Trust Disposition and Deed of Settlement now in recital, authorized and empowered his said Trustees from Time to Time to nominate and assume such other Person or Persons as they should think fit to be Trustee or Trustees along with them, and appointed the said Trustees to be his Executors; but the said Deed now in recital neither con-Postnuptial tained Powers to the said Trustees to sell nor to borrow Money upon Contract of ^e Security of the Lands and Estates thereby conveyed : And whereas Marriage, J ... dated 21st by postnuptial Contract of Marriage, likewise dated the said Twenty-August 1839. first Day of August One thousand eight hundred and thirty-nine, entered into between the said Thomas Gordon and the said Mistress Barbara Hannah De Hatchko or Gordon, the said Thomas Gordon, inter alia, bound and obliged himself, his Heirs, Executors, and Successors whomsoever, to infeft and seise the said Mistress Barbara Hannah De Hatchko or Gordon in a free Liferent Annuity of One thousand five hundred Pounds...

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