Thomas Gordon estate: enabling the trustees to sell the estates of Cairness Act 1849
| Jurisdiction | UK Non-devolved |
| Citation | 1849 c. 14 |
| Year | 1849 |
ANNO DUODECIMO & DECIMO TERTIO
VICTORLE REGIN.E.
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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 £?„g°tf^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,
Patrick
[Private.'} 5 d
382 12° & 13° VICTORLE,
Cap.U.
Patrick Bannerman, Advocate in Aberdeen, and John Blaikier Advo-
cate there, and to such other Person or Persons as he might there-
after 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 Heri-
tages,
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 com-
petent to follow thereupon, but in trust always for the Uses, Ends,
and Purposes therein and after mentioned ; in the first place, for Pay-
ment 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 Pay-
ment 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
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