The Cairness Estate Amendment Act 1856
| Jurisdiction | UK Non-devolved |
| Citation | 1856 c. 13 |
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 Dis-
position and
Deed of Set-
tlement 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 Advo-
cate 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 men-
tioned, 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 Pay-
ment 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 Pay-
ment to his Spouse Mistress Barbara Hannah De Hatchko or Gor-
don,
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 Life-
time 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 Pay-
ment 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 Life-
time of each Annuitant after the Truster's Decease, with a Fifth
Part more of liquidate Penalty in case of Failure in punctual Pay-
ment, 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
To continue reading
Request your trial