Thomas Gordon estate: enabling the trustees to sell the estates of Cairness Act 1849
|Publication Date:||January 01, 1849|
(12 & 13 Vict.) c. 14
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.
[28th July 1849]
ANNO DUODECIMO & DECIMO TERTIO VICTORLE REGIN.E. *******#******************************************** Cap. 14. 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 the said Thomas Gordon; and for other Purposes. [28th July 1849.] W HEREAS Thomas Gordon Esquire, of Cairness and Buthlaw Trust Dis-in the County of Aberdeen, deceased, by his Trust Disr position and position and Deed of Settlement dated the Twenty-first £?gtf^et" Day of August One thousand eight hundred and thirty*nine, and the Scotch registered in the Sheriff Court Books of Aberdeenshire the Thir- Form, dated tieth Day of April Eighteen hundred and forty-one, gave, granted, ^**l0AuSust 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 Crimonmogate, the Reverend James Robertson, Secretary of the said Thomas Gordon, [Private.'} 5 d Patrick 382 12 & 13 VICTORLE, Cap.U. Patrick Bannerman, Advocate in Aberdeen, and John Blaikier 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 "find 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, with the whole Vouchers and Instructions, Writs, Titles, and Securities of and concerning his said Estate and Effects, and all that had followed or might be competent to follow thereupon, but in trust always for the Uses, Ends, and Purposes therein and after mentioned ; in the first place, for Payment of all the Trustees just and lawful Debts, Deathbed 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 or Martinmas after his Decease; secondly, for Payment to his Spouse Mrs. Barbara Hannah de Hatchko or Gordon, for the Period, in the Manner, and at the Terms specified in a postnup-? tial 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 of Cairness ; thirdly, for Payment to his Cousin the said Captain John Leith during all the Days 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 Life-rent Annuity of Two.hundred Pounds Sterling, payable as therein and after mentioned ;e 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 ov 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 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 Dona*; tions 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 not3 if ' expressive 12 & 13 VICTORIA, Cap. 14. 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 such Manner as he should-appoint, and, failing such Appointment in the Way and Manner directed by Law in Cases of intestate Sue* cession, 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: ap* pbinted his said Trustees, and Acceptors or Acceptor, Survivors or Survivor of 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 andin favour ofJames 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 John Leith, if then alive^ or if dead his lawful Issue, whom failing, to the Truster's Cousin Major William Frdser of Her Britannic Majesty's Forty-third RegU ment 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 JawfuMssue, 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 might5 be known, as also all and whqle that his Plantation called Georgia,** wjth the Appurtenances, situated.within, the Parish of Tm-lawney 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 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; arid in the event of the said Thomas Gordon predeceasing the said Term of Whitsunday- in the Year .One thousand eight hundred and forty six, he committed, to his said, Trustees and their.foresaids full Power 384 Testament according to the Law of England, dated 21st August 1839. 12 & 13 VICTORIA, Cap.U. Power to output and in-put Tenants, and to grant Tacks or Leases of the Lands and Heritages thereby conveyed, for such Periods, not exceeding Nineteen Years, at such Rents and on such Conditions as to them should seem proper, with Power also, in the event foresaid, to the said Trustees and their foresaids to appoint Factors, either of their own Number or other fit Persons, for uplifting the Rents of his Lands and Estate, and Principal Sums and annual Rents of the Debts thereby conveyed, and whole other Subjects of the said Trust, and with special Powers to his said Trustees to compound, transact, and agree, or to submit or refer any Questions or Differences that might arise between them and any other Persons in relation to the said Trust Estate and Effects, or any Debts or Claims which any Persons might have or charge against the said Truster or his said Estate, with the further Power to his said...
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