The Duke of Atholl Estate Act 1853

Publication Date:January 01, 1853
 
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The Duke of Atholl Estate Act 1853

(16 & 17 Vict.) c. 15

An Act to authorize the Trustees of the late John Fourth Duke of Atholl to denude themselves of the Trusts created by his Trust Deed, and to convey the Trust Estates to his Grace George Augustus Frederick John Duke of Athole, and the Series of Heirs specified in the said Trust Deed, and under the Provisions therein contained; and to enable the said Duke, or the Heir in possession for the Time, to sell Parts of the said Estate and other Estates for Payment of the Debts of the said John Fourth Duke of Atholl.

[15th August 1853]

I ANNO DECIMO SEXTO & DECIMO SEPTIMO VICTO #*-#####-##*# Cap. 15. r An Act to authorize the Trustees of the late John Fourth Duke of Atholl to denude themselves of the Trusts created his Trust Deed, and to convey the Trust Estates to his Grace George Augustus Frederick John Duke of Athole, and the Series of Heirs specified in the said Trust Deed, and under the Provisions therein contained ; and to enable the said Duke, or the Heir in possession for the Time, to sell Parts of the said Estate and other Estates for Payment of the Debts of the said John Fourth Duke of Atholl. [loth August 1853.] dred and sixty-six, Tailzies the Fifth Day of March One thousand eight hundred and Consent of six, John Third Duke of Atholl, now deceased, with Consent of of^aid!^3 the Register of AthoFCwith W HEREAS, by Disposition and Deed of Entail, dated the Deed of En-Twenty-ninth' Day of October One thousand seven hun- tail by John (\rpx\ n.nrl sivtv-si"jr. and rpmstfvrp.d in t.Vip "Rpnrietor nf '. *."" . and for of the Charlotte Duchess of Atholl Bax*oness Strange, his "Wife, Strath ovd and the Reasons therein set forth, gave, granted, sold, and disponed |trtattb, */ from [Private*] 390 16 & 1? VICTORIA, Cap.15. The Duke of AtholVs Estate Act, 1853. other Lands from him and all others ,his Heirs and Assigns, to and in favour iLfHeilrs0f of tlle said Charlotte Duchess of Atholl Baroness Strange, his Wife, whatsoever only Child surviving and Hen Female of the Body of the deceased of the Body James Duke of AtholU and the Heirs whatsoever of her Body, of the . ... Duchess and without Division, the eldest Daughter always succeeding and--ex-other Heirs eluding Heirs Portioners through the whole Course of the Female to them e Succession in all Time coming; whom failing, to him the said John 29th Oc- Duke of Atholl and the Heirs Male of his Body; whom failing, to tober 1766. James Murray Esquire, his immediate younger Brother, and the Heirs Male of his Body; whom failing, to George Murray Esquire, his youngest Brother, and the Heirs Male of his Body; whom failing, to John Murray, commonly called Lord John Murray, youngest Brother then living of the said deceased James Duke of Atholl, and the Heirs Male of his Body; whom failing, to John Murray Esquire, only Son of Lord Edward Murray, then deceased, youngest Brother. of' the said deceased James Duke of Atholl, and the Heirs Male of his Body; whom failing, to John Earl of Dunmore, eldest Son of William Earl of Dun-more, and the Heirs Male of his Body; whom failing, to Charles Murray Esquire, Second Son of the said William Earl of Dunmore, and the Heirs Male of his Body; whom failing, to William Murray Esquire, youngest Son of the skid William Earl of Dunmore, and the Heirs Male of his Body; whom failing, to the Heirs Male, if any exist, of the Body of Colonel thereafter General Thomas Murray, then 1 deceased, youngest Brother of the said late Earl of Dunmore^ and the Heirs Male of their Bodies ; whom failing, to David Lord Viscount of i Stormont, and the Heirs Male of his Body; whom failing, to 'William then Lord Mansfield and the Heirs Male of his Body \ whonpt all failing, to the Heirs and Assigns of the- said James Duke of Atholl whatsoever, always with and under the Reservations, Conditions, Provisions, Limitations, Prohibitions, Clauses irritant and resolutive^ and Faculties therein: inserted, such as are usual in Deeds of strict Entail according to the Law of Scotland, and no otherwise, and which were thereby declared to affect and burden as well the Heirs of the said James Duke of Atholl in the last Termination as the other Heirs of 'Entail particularly and generally therein mentioned and described, and that the eldest Heir Female and the Descendants of her Body who should succeed by the said last Termination should exclude all. other Heirs Portioners, and succeed without Division through the whole Course of the Female Succession in all Time coming, heritably and irredeemably all and whole the Lands and Lordship of Balquhidder, comprehending and containing the particular Towns, Lands, Mills, Fishings, and' others respectively under written, viz., the Town and Lands of Innerlochlarig, Easter and Wester Drumlick, Inner char nock, Immereoch, Monachallmore, Monachall, Dischart, Craigruie, Innerumie, Manachalltuarach, Gurihra, Gartnafuaran Stronslanie, Murlaggan, Meikle and Little Dalnlaggan, Stronvar, Leanock, Innemantie. Dalivhippack, Craiginlarie, Graignirarie, Glenbyih, 16 & 17 VICTORIA, Cap.15. The Duke of Afholfs Estate Act, 1853. Glenbythy Camlea, Dallveich, Glenogle,. Aehra, Ardblair, the Mill of Stronvdr,, the Mill of Innerchornack, the Mill of Camlea, and the Mill of Caifer, and all.and sundry other Towns, Lands, Woods, Fishings, as well not named as named, of old pertaining to the said Lordship,, with all and sundry the Towers, Fortalices, Mannor Places, Houses, Biggings, Yeards,, Orchards, Woods, Mills, Multures, Fishings, Annexis, Connexis, Terients,. Tenemdries and Service of Free Tenents, Advocations, Donations, and Rights of Patronage of the whole Benefices and Prebendaries and Chaplainries of the foresaid Lands and Lordships, Outsets, Parts, Pendicles!,, and Pertinents thereof whatsoever of old united, annexed, arid incorporated in a whole and free Lordship, called the Lordship of Balquhidder, lying within the. Sheriffdom of Perth;, as also all and whole that House sometime of James Earl of Annandale in Falkland, together with the Privilege of keeping the Park of Falkland, with the whole Fees, Benefits, and. Casualties belonging thereto, lying within the Sheriffdom of Fife; and all and sundry the Lands, Offices, and others underwritten, viz., all and whole the Ground of the ruinous Castle called, the Castle Steed of Falkland, with the Mannor Place, Mansion Houses,. Biggings, arid Yeards built by the deceased David Lord Scoon, with the Greens, Wastes, and Woods adjacent to the said Castle Steed and Pertinents thereof; all and whole that Ground and Land now made in a Yeard upon which the House, Loft, Stable, and Yeard of umquhile James Aitkine were built and situated, together with the Yeard now built thereupon and upon the Waste Ground adjacent thereto,, now surrounded with Walls and Dykes ;. which Lands= Mansion Houses, Baggings, Yeards, Greens, Wastes, Woods, and others above written lye together and eontiguous to the Burgh of Falkland, viz., between the King's Stable in Falkland on the North, the King's Walls and Yeard of Falkland on the South, the Common Passage on the East;, and the Burn of Mospie on the West Parts; and all and whole that Piece of Land of Darnoe, with Houses, Biggings, Yeards, Pasturages, and Pertinents thereof, lying contiguous upon the East Part of the East Meadow of the Wood of Falkland,"all lying within the Parish of Falkland, late Stewartry and Sheriffdom of Fife; and all and whole the Office of Constabulary and Captainship and keeping of the Palace of Falkland, with the whole Houses, Biggings, Yeards, Orchards, Greens, and others belonging thereto, together with Five Chalders of Barley and Five Chalders of Oats, to be uplifted out of the readiest Feu Farm Duties of the Towns and Lands of Newtown of Falkland, and Freuchie, as the Fee for administrating of the Office of Constabulary Captainship, keeping and upholding of the said Palace free of Wind and Water, viz., in Slates, Glass, Beams, and Keys only; and all and whole the Office of Forester of the Park, Woods, Glens, Meadows, and Hainings of Falkland, with the whole Privileges, Liberties, Pasturages, Fees, and Advantages belonging thereto, and especially the Keeping and Pasturage of Six Mares, 392 16 & 17 VICTORIA, Cap.IS. The Duke of AtholPs Estate Act, 1853, "Mares, with their Followers, within the whole Bounds of the said Park and Wood, and Pasturage of all other Cattle and Beasts within the Bounds of the Eastwood conform to Use and Wont, together with, the whole fallen Timber of the said Park and Woods, and with the Bark, Branches, Length of the Shaft of the Wood of the whole Timber within the said Park, together Avith a Chalder of Barley and Two -Chalders of Oats yearly to be uplifted and taken out of the said Feu Farm Duties of the said Lands and Towns of Newtoion and Freuchie9 and likewise with Power to range the Lomonds and whole Bounds thereof, with all the Fees, Privileges, and Advantages belonging to the same; all and sundry the Towns and Lands of Tullybardine, with the Mill, Miln Lands, Multures, and Sequels belonging to the said Mill, with the Tower and Fortalice thereof, the Town and Lands of Blairingone with the Mannor-place thereof, together with the Coal and Coalheughs of Blairingone Coalhill, Colliers' Houses, and other Houses built thereon with free Ish and Entry thereto, and whole Privileges, Parts,Pendicles, and Pertinents belonging to the same, together with all and sundry Mills, Multures, Fishings, as well of Salmon as other Fishes, Aqueducts, Burns, Parks, and Enclosures, Tenants, Tenandries, and Service of Free Tenents/ Advocation, Donation, and Right of Patronage of the Chaplainries of Kildees and Tulliebardine, and of all other Kirks and Chaplainries of the foresaid Lands, with the Pertinents and the Town and Lands of' Drumdovan, Clow, Glenquey, Whiterig, Coulsknow, Myrehaugh, Fanny-hills, Downhills, with the Woods thereof, Borlands, Pitvars, with the Woods thereof, Gartwhinzeans...

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