Treffry Estate Act 1853

Publication Date:January 01, 1853
 
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Treffry Estate Act 1853

(16 & 17 Vict.) c. 25

An Act for better enabling the Trusts of the Will of Joseph Thomas Treffry deceased to be executed, under the Authority of the High Court of Chancery, and for other Purposes, and of which the Short Title is "Treffry's Estate Act, 1853."

[15th August 1853]

ANNO DECIMO SEXTO & DECIMO SEPTIMO VICTORLE #*****************************************ffev(f******* Cap. 25. An Act for better enabling the Trusts of the Will of Joseph Jliomas Treffry deceased to be executed, under the Authority of the High Court of Chancery, and for other Purposes, and of which the Short Title is " Treffhf* Estate Act, 1853." [15th August 1853.] w HERE AS Joseph Thomas Treffry, late of Place in the Will of County of Cornwall, deceased, made his last Will, dated Tifomas the Ninth Day of January One thousand eight hundred Treffry, and forty-one, as follows; (to wit,) " This is the last Will and Testa- ^Jan ?. ment of me, Joseph Thomas Treffry of Place in the County of 1841, : Cornwall, Esquire, made the 9th Day of January 1841 ;I give ? r 6 6 and devise all my Manors, Messuages, Lands, Tithes, Tenements, and Hereditaments, and Real Estates, whatsoever and wheresoever, ? * t c together with the Advowsons or Right of Presentation to the ' Rectory of Saint Pinnock and the Vicarage of Fowey in the County of Cornwall, with their and every of their Rights, Members, and Appurtenances, unto John Lowe of Gldzebrook near South Brent in the County of Devon, Esquire, and John Wallis of the Borough of Bodmin in the County oi Cornwall, [Private.] 9/ " Clerk, 16 & 17 VICTORIA, Cap.2h. "-^^ Treffry's Estate Act, 1853, a Clerk, and their Heirs, to, for, and upon the several Uses, Trusts, " Ends, Intents, and Purposes herein-after limited, expressed, and " declared of and concerning the same; that is to say, to the Use '* and Behoof of my Cousin Edward James Wilcocks of the Island of " Saint Mary* Stilly, Clerk, and his Assigns, for and during the " Term of his natural Life, and without Impeachment of Waste, " provided that the said John Lowe and the said John Wallis, before " the said Edward James Wilcocks receives any Benefit or Advantage " in a pecuniary Way from my Estate, shall have paid all my 'Debts* " Obligations, including the Fulfilment and Completion of all my " existing Contracts and Devises, as herein-after directed, and shall " have otherwise fulfilled my Intentions, and completed such Works* as " I may be prosecuting at the Time of my Death, and from and after " the Determination of that JSstatq by Forfeiture or otherwise in the " ^Lifetime of the said Edward James Wilcocks. then to the Use of " the said JbAn -Lowe and Jb/m Wallis, and their Heirs, during the "'* natural Life of the said Edward James Wilcocks, upon trust to " support and preserve the contingent Uses and Estates herein-after " limited from being defeated and destroyed, and on and after the " Payment and Discharge of all my Debts, Obligations, Devises, " and the Completion of all my existing Contracts, to permit and " suffer the said Edward James Wilcocks during his Life to receive a and take the Rents and Profits of my said Manors, Messuages, " Lands, Tithes, Tenements, Hereditaments, and'Real Estate to " and for his and their own Use and Benefit, provided that he the ". said Edward James. Wilcocks shall immediately on receiving any "? Benefit from my Estate directly take theNatne of Tr.effryr and " that he shall, as soon as he can be empowered so to do, drop the " Name of Wilcocks, and use in common Speech and^ Writing the '* Surname of Treffry only, otherwise that he the said Edward '* Jame& Wilcocks, shajl ngtibe entitled to any Benefit under my Will, " but that which he would have had and enjoyed shall belong to the " Person next in Remainder or Expectation after him, provided- %$ "* complies with.: WJ Requests,, and from and aft$r, his Decease*. thn "* immediately to. the Use ,and Behoof of the eldest Son of the said " Edward James Wilcocks for and, during his natural Life, without " Impeachment qf Waste, provided that all my Debts, Contracts, ? aiiiiir^ii ? r ? i ? ' u and Devises be all first paid,, discharged, com* , and satisfied, and from and after the Determination " of that Estate by Forfeiture or otherwise in his Lifetime, to " the said John Lowe and John Wallis, and their Heirs, for and " during- the Life of th# eldest Sqn- of the said Edward Ja^nes " Wilcocks lawfully begott^n^ upon trust to support the contingent " Uses and Estates hereinafter limited from being defeated or c destroyed, and for that Purpose to make Entries and bring Actions " as Occasion shall require, and from and after, the Decease of the " eldest 16 & 17 VICTORIA, Cap:25 M - JS-- Treffry* sEstate Act, 1853. Wilcocli v eldest Son of his Bbdy lawfully to be begotten, and to his Heirs " for ever, but in case of the Death of the eldest Son of the said (( Male ii Wallis, a a u the Second, Third, Fourth, and every other Son of the said Edward James Wilcocks lawfully to be begotten, severally, successively, and in Remainder One after another in Order and Course* a!s they respectively shall be in Priority of Birth, and of the Heirs Male of the respective Bodies of such Second, Third, Fourth, arid every other Son, every elder of' such Sons and the Heirs Male of f his Body being always to be preferred and to take before every ?c younger of them and the Heirs Male of his Body, provided that *' the First, Second, Third, Fourth, and every other Son of the said ** Edward James Wilcocks who may become entitled to my Estate " .shall, before he or either of them shall receive the Rents and a ? f Treffry, Wilcocks, u Treffry " the same He it Treffry Wilcocks "Name, and should either Party, as he may otherwise become " entitled to' the Rents and Profits of my Estate, refuse or neglect to; effry only, stud "'?to take and use the Arms of Treffry u a " neglecting or refusing shall forfeit and lose all Claim and-'Title u to the Property, and the Person next entitled who shall comply v with my Request shall take Precedence, and be entitled to have " and hold the same, and in default of suchi Issue of the said Edward James Wilcocks and the Sons of his Body lawfully to be begotten, upon trust to the said John Lowe and John Wallis, or their it Wilcocli "those' before named as the Person or Persons to take the Reiits a " and Issues of the Property,) to and for the Use and Behoof of the " next elder Brother of the said Edward James Wilcocks, the next Brother in, Succession to him and the next after him, (they being a Treffry Dormer, now Jane Treffry Wilcocks, Male (£ u spective Bodies of Wilcocks lawfully it u Brother according to Priority of Birth taking Precedence- of the other or others, and., the Sons of each Brother as they may respec- u tively become entitled under my Will to take Precedence according1 11 to Priority of Birth respectively, and each and every One of theiri u who may so become entitled to comply with the' same Conditions tt Treffry F J " before 16 & 17 VICTORIA, CaP.2h. + Treffry's Estate Act, 1853. " before stated in every Particularj or otherwise to forfeit all Claim ' and Title to the Property, which is then to be held by the said " John Lowe and John Wallis, and their Heirs, for the Use and " Benefit of the Person next entitled under my Will, and should all " the Parties above named die without Heir Male Issue them sur- u a a a viving, then upon trust to the said John Lowe and John Wallis, and their Heirs, for the eldest Daughter of the said Edward James Wilcocks lawfully to be begotten, and for the Heirs Male of her Body lawfully to be begotten, each taking Precedence according to Priority of Birth, and should the eldest Daughter die without tc a a u " Issue Male, then to the Second, Third, Fourth, and every other Daughter successively according to Priority of Birth, the eldest always taking Precedence, and to the Heirs Male of their Bodies respectively, as each may become entitled to the Rents and Issues of the Property, and in default of such Issue Male from any ; u u (C " Daughter of the said Edward James Wilcocks lawfully to be begotten, then to the Heir Male according to Priority of Birth of the Daughter or Daughters of the next or other Brothers of the said Edward James Wilcocksy the eldest Daughter and her Male Heirs of the next Brother taking Precedence before the Second, Ci u a a cc u ii U " Third, or other Daughters of the said next Brother of the said Edward James Wilcocks, and in default of such Issue then to the eldest Heir Male of the Daughter who may be the eldest of the next Brother and who has Issue Male, or if he has no Daughter who has Issue Male, then to the eldest or other Daughter of the Fourth Brother, the eldest always taking Precedence, and in case of no Issue Male of any Daughter of either of the Four Brothers, then in trust to the said John Lowe and John Wallis, and their Heirs, for the Use and Benefit of the eldest Son, or if he die without Issue, of the Second, Third, Fourth, or other Son of the only Sister of the said Edward James Wilcocks lawfully to be begotten, cc it u it " the elder taking Precedence of the younger, and to the Heirs Male of their Bodies lawfully to be begotten for ever, and in default of Heirs Male then to the Heir Male according to Priority of Birth of the eldest Daughter of the said Sister, or, should she have no Heir Male, to the eldest Heir Male of the Second, Third, or other " Daughter lawfully to be begotten who may be Daughters of the " said only Sister of the said- Edward James Wilcocks, and in default c U u ct £ a c' of such Issue then in trust to the said John Lowe and John Wallis, and their Heirs, for the Use, as to the Rents and Profits, of the only Son of my Cousin who married John Mills, and the Heirs Male of the Body of such only Son of my Cousin lawfully to be begotten, the elder taking Precedence of the younger for ever, upon Condition that every one who may in Succession become...

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