Viscount Clive estate: vesting parts in trustees upon trust to sell, and purchase of more convenient estates Act 1820
| Jurisdiction | UK Non-devolved |
| Citation | 1820 c. 20 |
ANNO PRIMO
GEORGII IV. REGIS.
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Cap.
20.
An Act for vesting Parts of the Settled Estates of
the Right Honourable Edivard Herbert, commonly-
called Viscount
Clive,
in Trustees, upon Trust to
sell, and for laying out the Monies arising from
such Sales in the Purchase of more convenient
Estates. [8th July 1820.]
W
HEREAS by Indentures of Lease and Release, bearing indentures
Date respectively the Nineteenth and Twentieth Days of of
Lease and
August One thousand eight hundred and fourteen, the &eo!?teA9th
said Indenture of Release being made between the Right Honour- 1814 ug*
able Edward Earl of Powis, and John Probert of
Copthorne
in the
County of Salop, Esquire, the Devisees named in the last Will and
Testament of the Right Honourable George Edward Henry Arthur
late Earl of Powis, now deceased, and which said John Probert was
the sole Executor named and appointed in the said Will of the said
George Edward Henry Arthur late Earl of Powis, of the First
Part; the Right Honourable Edward Herbert, commonly called Lord
Viscount Clive, therein described to be eldest Son of the said
Edward Earl of
Powis,
by the Right Honourable Henrietta Antonia
Countess of
Powis,
his Wife, the only Sister and Heiress at Law of
the said George Edward Henry Arthur late Earl of
Powis,
of the
Second Part; William Clive of Styche in the County of Salop,
Esquire, and John
Robinson
of
Denston
Hall in the County of Suffolk,
Esquire, a General in His Majesty's Army, of the Third Part; and
[Private,'] 5 / the
1°GE0RGII IV. Cap.20.
the Most Honourable Ingram Seymour Marquis of Hertford, and
the Right Honourable George Augustus Earl of Pembroke and
Montgomery, of the Fourth Part; reciting that the said George
Edward Henry Arthur late Earl ofPowis, being seised in Fee Simple
of or otherwise well entitled to the Barony of
Porwis,
and divers
Castles, Honors, Manors, Lands, and other Hereditaments in the
Counties of Montgomery and Salop, and elsewhere in the United
Kingdom of Great Britain and
Ireland,
and possessed of certain
Leasehold Estates, did duly make and publish his last Wilt and
Testament in Writing, in such Manner as to pass Real Estates,
bearing Date the Twenty-eighth Day of June One thousand seven
hundred and ninety-nine, and did thereby give and devise all that
his Barony of Poms, and all his Castles, Honors, Manors, Messuages,
Lands, Tenements, Hereditaments, and Real Estates whatsoever and
wheresoever, unto and to the Use of the said Edward now Earl of
Powis (then Edward Lord Give), the Right Reverend Folliot Herbert
Walker Cornwall, then Lord Bishop of Bristol, afterwards Lord
Bishop of Hereford, and now Lord Bishop of Worcester, and the
said John Probert, their Heirs and Assigns, upon the Trusts never-
theless therein and in Part herein-after mentioned ; (that is to say,)
as to, for, and concerning all such Tenements and Hereditaments as
were vested in him in Fee as a Trustee and Mortgagee, upon the
Trusts and to and for the Purposes for which the same Trust Estates
were conveyed to and became vested in him, and as to, for, and con-
cerning all his Hereditaments and Real Estates in the Kingdom of
Ireland,
and the following Estates belonging to him in the several
Counties of Salop and Montgomery; (that is to say,) his several
Manors or Lordships of
Oswestry,
Duparts, and Tray
an,
the Rectory
of
Oswestry,
the Advowson of the Vicarage there, and all his Estates
in the said Manors or Lordships, his Manor of Llanwddun, otherwise
Saint John of
Jerusalem,
with the Rectory of Llanwddun, and the
several Lands, Tenements, and Tithes within and belonging to the
said Manor and Rectory, the Park and Demesnes of Llyssin, with
the several lands and Hereditaments near and adjoining thereto,
commonly called the Llyssin Estate, and all and every his Lands,
Tenements, and Hereditaments in the several Parishes of Llangadfan,
Llanerfull, Garthbibio, Mallwyd, Lhnfair, Llangyniew,
Myvod,
Llanfyllin, Llanfihangel, Llanfechan, Llansaintfraid, Hirnant, Llan-
rhayadr, Pennant, and Llangynog, with their and every of their
Rights, Members, and Appurtenances, upon Trust that they his said
Trustees, or the Trustee for the Time being, should as soon after his
Decease as conveniently might be, absolutely sell and dispose of his
said Estates in the said Kingdom of
Ireland,
his said Oswestry and
other Estates last therein and herein-before mentioned, or such Part and
Parts thereof as they his said Trustees or the Trustee for the Time
being should in their or his Judgment think proper, and as should
be necessary for answering the Purposes therein and herein-aiiter
mentioned, either together or in Parcels, to the best Purchaser or
Purchasers, and for the best Price and Prices which could be reason-
ably got for the same; and upon further Trust that they, his Trustees
or Trustee for the Time being, should pay and apply the Money? arisr
nig from such Sale and Sales, and the Rents, Issues, and Profits of his
d Estates so by him directed to be sold in the meantime, in the
l'GEORGII IV. Cap.20.
first Place, in Payment, Satisfaction, and Discharge of all such Surti
and Sums of Money and the Interest
thereof,
as should be charged
upon or secured by Mortgage of or otherwise affecting all or any
Part of his Real Estates, to the End that his said Estates might be
wholly freed and exonerated from all such Mortgages and Incum-
brances ; and from and after Payment and Discharge of the aforesaid
Mortgages and Incumbrances, then to pay all such Debts as he
should owe on Bond or otherwise, and also the Legacies by his Will
given, as likewise all such other Legacies as the said Testator by any
Codicil to that his Will, or any Writing in the Nature of a Codicil,
should give and bequeath ; and after Payment and Satisfaction of the
aforesaid Mortgages, Incumbrances, Debts, and Legacies, the
Testator's Will was, and he did direct his said Trustees or Trustee
for the Time being to lay out and invest the Surplus Money, if any,
which should arise and be received from the aforesaid Sales, in the
Purchase of Freehold Lands and Hereditaments in the County of
Montgomery, as near as could be to Poms Castle, such Lands and
Tenements so to be purchased to be settled and conveyed to the
same Uses, and upon the same Trusts, and to and for the same Intents
and Purposes, and under and subject to the same Powers and Pro-
visions as were therein-after mentioned of and concerning his Barony
of Powis and other his Estates therein-after mentioned; and in the
meantime and until a proper Purchase or Purchases should offer
wherein to invest such Residue, the Testator's Will was that the same
should be laid out in Manner therein mentioned, and should pay and
apply the Interest thereof in the same Manner and to and for the
same Intents and Purposes as were therein by him directed touching
the Rents and Profits of the Estates to be purchased as aforesaid;
and as for and concerning all that his Barony of Powis in the County
of Montgomery, and all and every other his Estates in the same
County, and elsewhere in England and Wales, whereof no Trust was
therein-before by him declared, as also all such Part and Parts of his
Estates therein-before by him directed to be sold, as his said Trustees
or Trustee for the Time being should deem unnecessary to be sold
for the Purposes aforesaid, his Will was that they his said Trustees
or Trustee for the Time being should stand seised of the said Barony
of Powis and other Estates, upon Trust to receive and take the
Rents,
Issues, and Profits of all and singular the said Barony of
Powis and Premises, for and during and unto the full End and Term
of Ten Years, to commence and be computed from the Day of his
Decease, and in the First Place by and out of such Rents, Issues, and
Profits to pay to his Sister the said Henrietta Antonia, now Countess
of Powis, then Lady Give, such Annuity or yearly Sum as therein
mentioned; and after Payment of the said Annuity, and subject
thereto, upon Trust to pay, apply, and dispose of the Surplus of the
said Rents, Issues, and Profits of
his
said Barony of Powis and Estates
last mentioned, for and during the whole of the said Term of Ten Years
to commence as aforesaid, to and for such and the same Intents and
Purposes, and in like Manner as he had therein-before directed
touching and concerning the Money to arise from the Sale of the
Estates therein-before by him devised to be sold as aforesaid; and
upon further Trust, that they the said Trustees or Trustee for the
Time being should, as soon as conveniently and properly might be
after his Decease, by good and sufficient Deeds, Conveyances, and
Assur-
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