Viscount Wentworths estate: vesting part of the estates devised by his will in trustees, to be sold to Earl Howe, the proceeds to be applied in the purchase of estates in Leicestershire and Warwickshire, to be settled to the subsisting uses of his will Act 1823

Publication Date:January 01, 1823
 
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Viscount Wentworths estate: vesting part of the estates devised by his will in trustees, to be sold to Earl Howe, the proceeds to be applied in the purchase of estates in Leicestershire and Warwickshire, to be settled to the subsisting uses of his will Act 1823

(4 Geo. 4) c. 24

An Act for vesting Part of the Estates devised by the Will of Thomas Viscount Wentworth in Trustees, upon Trust to sell the same to the Right Honourable Richard William Penn Earl Howe, and to apply the Money arising form the Sale thereof in the Counties of Leicester and Warwick, or one of them, to be settle to the subsisting Uses of the said Will.

[4th July 1823]

ANNO QUARTO GEORGII IV. REGIS. *******4N(*************#*#*******1t***********##* Cap. 24. An Act for vesting Part of the Estates devised by the Will of TJiomas Viscount Wentworth in Trustees, upon Trust to sell the same to the Right Honourable Richard William Venn Earl Howe, and to apply the Money arising from the Sale thereof in the Purchase of other Estates in the Counties of Leicester and Warwick, or one of them, to be settled to the subsisting Uses of the said Will. [4th July 1823.] W HEREAS the Right Honourable Thomas Viscount Wentworth Win 0f and Baron Wentworth of Nettlestead, did, in such Manner as Thomas the Law requires for the Validity of Devises of Freehold Viscount Estates, duly sign and publish his last Will and Testament in Writing, QV.fnTtwor bearing Date the Eighth Day of June One thousand eight hundred and 1805 five, whereby he gave and devised all and singular his Manors, Mes suages, Lands, Tenements, Rectories, Advowsons, Tithes, Rents and other Hereditaments whatsoever, situate in the several Counties of Leices ter and Warwick, to which, under the Settlement made previous to his Marriage with his Wife Mary, late Dowager Countess Ligonier, he was entitled in Fee Simple in Reversion expectant on the Limitations therein contained, to his Sons successively in Tail Male, subject to the Term for Years, and Charges thereby created, and to the Mortgages or Incum brances therein mentioned or recited; and also all other his Manors, Mes- [Privatei] 4 % suages, 4GE0RGII IV. Cap.U. suages, Lands, Tenements, Rectories, Advowsons, Tithes, Rents, and Hereditaments whatsoever and wheresoever, of or to which he was seised or entitled for an Estate of Freehold and Inheritance, or of Freehold only, in Possession, Reversion, Remainder, or Expectancy, or which in virtue of any special Power he was enabled or authorized to dispose of (except nevertheless those to which he was entitled under the Marriage Settlement or Will of his late Great Uncle Thomas Rowney Esquire deceased, or as his Heir at Law, in the several Counties of Gloucester, Worcester, Warwick, Northumberland, Durham, Tork, Middlesex, and Surrey, and the City of London, or elsewhere, and also except certain Estates as were vested in him upon any Trust or by way of Mortgage, with the Appurtenances thereto respectively belonging), unto his Friends, the Right Honourable Morton Lord Henley and Sir James Bland Burgess (now Sir James Bland Lamb) of Beauport, in the County of Sussex, Baronet, and their Heirs, to the Uses following ; (that is to say), to the Use, Intent, and Purpose that they the said Morton Lord Henley and Sir James Bland Lamb, and the Survivor of them, and his Heirs, should and might from Time to Time during the natural Life of the Testator's Sister Judith Lady Milbanke, (who afterwards assumed the Name of Noel, since deceased), Wife of Sir Ralph Milbanke Baronet, (now Sir Ralph Noel Baronet), have, receive, and take, by, from, and out of all his said Manors, Messuages, Lands, Tenements, Hereditaments, and Premises therein-before devised, One Annuity, clear yearly Rent Charge, or Annual Sum of Five hundred Pounds Sterling, clear of all Deductions and Abatements whatsoever, by Two even and equal Half-yearly Portions on Midsummer Day and Christmas Day in every Year, and the First Payment thereof was to be made on such of the said Days as should first happen after the said Testator's Decease ; and the said Testator directed that the said Morton Lord Henley and Sir James Bland Lamb, and the Survivor of them, and his Heirs, should pay the said annual Sum of Five hundred Pounds, as the same should from Time to Time be received, unto such Person or Persons, and for such Ends, Intents, and Purposes as the said Judith Lady Noel should from Time to Time, notwithstanding her then present or any future Coverture, or whether Covert or Sole, by any Writing or Writings under her Hand appoint, and when and as no such Appointment should be made, to pay the same into the proper Hands of the said Judith Lady Noel, for her own sole and separate Use ; to the Intent that the same might not be subject to the Controul, Debts, or Engagements of her then present or any future Husband, with a Declaration that the Receipt or Receipts of the said Judith Lady Noel, whether Covert or Sole, or of such Person or Persons as she should appoint to receive the same, should be a sufficient Discharge to his Trustees or Trustee for the said Annuity, with Powers of Entry and Distress in case of Nonpayment thereof by the Space of Twenty-one Days, and Perception of the Rents and Profits in case of Nonpayment thereof by the Space of Forty Days; and to the further Use, Intent, and Purpose that the several other Persons, therein and herein-after named, and their respective Assigns, should and might from Time to Time during the respective Periods therein-after mentioned, have, receive, and take, by, from, and out of his said Manors, Messuages, Lands, Tenements, and Hereditaments therein-before devised, the several and respective Annuities following; (that is to say), Mrs. Maria Noel, Widow of Testator's late Uncle the Reverend Rowney Noel Doctor in Divinity, one Annuity or clear yearly Rent 4 GEORGir IV. C^.24. Rent Charge of Fifty Pounds during her Life; Miss Charlotte Noel (who then resided with her J, an Annuity or clear yearly Rent Charge of Thirty Pounds, during the Joint Lives of herself and the said Maria Noel, and after the said Maria Noel's Decease, of Fifty Pounds during the then Remainder of her Life; Mary Robinson of Turnham Green in the County oiMiddksex, Spinster, one Annuity or clear yearly Rent Charge of Forty Pounds, during her Life, in lieu of Recompence of the like Annuity which the said Testator then paid her ; and his late Servants, John Brown ofKirkby. Malkry, and William Tulet, an Annuity or clear yearly Rent Charge of Twenty Pounds each, during their respective Lives ; and the said Testator directed the said Annuities to be paid on the same Days and Times whereon the above-mentioned Annuity of Five hundred Pounds is directed to be paid, except in respect of the said Annuity of Fifty Pounds to Charlotte Noel, after the Decease of the said Maria Noel, of which the first Payment should be made on the first of the before-mentioned Days of Payment happening after the Determination of her antecedent Annuity of Thirty Pounds; and to the further Use, Intent, and Purpose that the said Maria Noel, Charlotte Noel, Mary Robinson, John Brown, and William Tulet, and their respective Assigns, might have and exercise all and singular the same Powers and Remedies in, over, and upon all and every Part of his said Estates therein-before subject to the Payment to them of the said several and respective Annuities or yearly Rent Charges, as were therein-before given to the said Morton Lord Henley and Sir James Bland Lamb, their Heirs and Assigns, for the Recovery of the Arrears of the said Annuity or yearly Rent Charge of Five hundred Pounds thereinbefore secured to them, in Trust for his said Sister Judith Lady Noel, during her Life ; and subject and without prejudice to the several above-mentioned Annuities or yearly Rent Charges, and the Powers and Remedies therein-before given for securing the Payment thereof, to the Use of his dear Wife, for and during the Term of her natural Life, with Remainder to the Use of the said Morton Lord Henley and Sir James Bland Lamb, and their Heirs, during the Life of his said Sister Judith Lady Noel, in Trust to preserve the contingent Remainders, and to permit the Rents and Profits of his said Estates to be from Time to Time received and enjoyed by such Person or Persons, and for such Ends, Intents, and Purposes as the said Judith Lady Noel should, from Time to Time, notwithstanding her then present or any future Coverture, and whether Covert or Sole, by any Writing or Writings under her Hand direct or appoint, but not so as to deprive herself of the intended Benefit of the same by Sale or Mortgage, or any other Mode of Anticipation ; and in default of such Direction or Appointment, and as and when no such Direction or Appointment should be made or in force, in Trust to pay the same Rents, Issues, and Profits into the proper Hands of his said Sister Judith Lady Noel for her sole and separate Use, to the Intent and so that the same might not be subject to the Controul, Debts, or Engagements of her then present or any future Husband, and might be at her own sole and absolute and uncontrouled Disposal, with aDeclaration that the Receipt or Receipts of the said Judith Lady Noel, whether Covert or Sole, or of such Person or Persons as she shuld appoint to receive the same, should at all Times be good and effectual Discharges to the Person or Persons paying such Rents, Issues, and Profits; and from and immediately after the Decease of the said Judith Lady Noel, to the Use of every Son of her Body, born or to be born in the Testator's Life-time, and every such Son, to take respectively in order of his Birth, for and during 4GE0RGII IV. Cap.U. the Term of his respective Life, without Impeachment of Waste, with a Limitation to the Use of the said Morton Lord Henley and Sir James Bland Lamb, and their Heirs, during his respective Life, in Trust for him, and to preserve contingent Remainders; with Remainder to the Use...

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