Vesting part of the estate of Milliken (Renfrewshire) in trustees, to be sold for satisfaction of debts Act 1836
| Jurisdiction | UK Non-devolved |
| Citation | 1836 c. 15 |
ANNO SEXTO & SEPTIMO
GULIELMI IV. REGIS.
Cap.
15.
An Act to vest a Part of the Entailed Estate of
Millihen in the County of Renfrew in Trustees,
to sell the same, and apply the Price
thereof,
or
the Securities to be granted thereon, towards
satisfying the Debts affecting the said Entailed
Estate, and the Debt contracted for Money laid
out in the Improvement of the same.
[4th July 1836.]
W
HEREAS by Disposition and Deed of Entail bearing Disposition
Date the Twentieth Day of December in the Year One an<1 Deed of
thousand eight hundred and sixteen, registered in the Enta'l.ofthe
Register of Entails in Scotland the First Day of February in the Xruste"8
Year One thousand eight hundred and seventeen, and in the Books nominated
of Council and Session in Scotland the Tenth Day of May in the by James
Year One thousand eight hundred and nineteen, made and granted Milliken,
by George Fergusson Lord Hcrmand, one of the Senators of the MinXen.'de-
College of Justice and a Commissioner of the High Court of ceased, 20th
Justiciary in Scotland, the orrfy surviving Trustee nominated and Dec-1816-
appointed by the deceased James Milliken Esquire, of Milliken, in
manner therein-after mentioned, reciting that the said James Milliken,
by Trust Disposition dated the First Day of June in the Year One
thousand seven hundred and seventy-three, and recorded in the
Books of Council and Session Office (R MCK.) the Twentieth Day
[Private."] 4 u of
354 6°&7° GULIELMI IV. CapA5.
of June in the Year One thousand seven hundred and seventy-six,
on the Narrative and for the Causes therein mentioned, gave,
granted, and disponed to and in favour of Sir Adam Fergusson of*
Kilkerran, Baronet, Lieutenant Colonel William Macdowall of Garth-
land,
John Russell Clerk to the Signet, David Russell Accountant
in Edinburgh, all since deceased, and to such other Person or Persons
as the said James Milliken should thereafter appoint by a Writing
under his Hand, or the major Part of them who should accept, and
to the Survivors of them, or major Part of such Survivors, and fail-
ing all the said Trustees excepting One, to the Survivor, his Heirs
and Assignees, heritably, in Trust and for the Uses and Purposes
therein particularly specified, his whole Means and Estate of every
Description which should pertain and belong to him at the Time of
his Death, and, without Prejudice to the said Generality, the Lands
and Estate therein particularly specified, with full and ample Powers
of Management and Sale
thereof;
and in case his said Irustees or
Quorum of them should think proper not to sell his said Estates, or
to reserve any Part thereof unsold, and that from Circumstances
which might thereafter occur they should think it necessary for the
Preservation of his Estate, or such Part thereof as might remain
unsold, to lay all or any of his Heirs who should succeed to his said
Estate or any Part
thereof,
under Limitations and Restrictions, with
full Power to his said Trustees, as well those therein named as those
who might thereafter be named by him as aforesaid, to lay such
Restrictions and Limitations upon all or any of* his said Heirs who
should succeed to his foresaid Estates or any Part
thereof,
as to
them should seem proper; and he thereby empowered his said
Trustees named or who might be named, as said is, and Quorum of
them, as aforesaid, to engross such Conditions and Restrictions in the
Conveyances to be made by them to his said Heirs in prosecution of
the said Trust accordingly ; and he thereby declared the several
Uses and Purposes for which the said Trust Disposition was granted
by him, and to be accepted of by his said Trustees, to be, first, for
Payment of all his just and lawful Debts, Funeral Expences, and
Legacies, secondly, for Retention of the Expence of executing said
Trust, thirdly, for implementing and fulfilling the several Bonds of
Provision granted by him to Mary Milliken otherwise Spens, his
youngest Daughter, Wife of Doctor Nathaniel Spens, Physician in
Edinburgh, and in the last place he ordained and appointed his
said Trustees, and Survivors or Survivor of them, and their foresaids,
to convey and make over the free Residue of his Lands and Estate
which might happen to remain unsold, or to make Payment of the
Price
thereof,
if sold, to Jean Milliken or Napier, his eldest Daughter,
Wife of William Napier Esquire, of
Culcroich,
and the Heirs whom-
soever of her Body, whom failing, to the said Mary Milliken and
the Heirs whomsoever of her Body, whom all failing, to his own
nearest Heirs and Assignees whomsoever, but always with and
under such Conditions and irritant and resolutive Clauses as to his
said Trustees or Quorum of them should seem proper; and he
thereby bound and obliged his Heirs to ratify and confirm the said
Trust, and all and whatever Matters and Things which should be
transacted by the said Trustees in the Execution
thereof;
and more-
over, in case at the Time of his Death he should happen to be
possessed
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