William Earl of Devon estate: enabling sales of estates in Ireland for payment of incumbrances, authorizing a mortgage of the Irish estates, to be spent on improvements, and other provisions Act 1847

Publication Date:January 01, 1847
 
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William Earl of Devon estate: enabling sales of estates in Ireland for payment of incumbrances, authorizing a mortgage of the Irish estates, to be spent on improvements, and other provisions Act 1847

(10 & 11 Vict.) c. 12

An Act for enabling certain Estates in Ireland of the Right Honourable William Earl of Devon deceased to be sold, and the Proceeds arising therefrom, after Payment of certain Charges and Incumbrances, to be applied in Payment or towards Reduction of the Charges and Incum-brances affecting the Family and other Estates in England late of the said Earl of Devon; and for authorizing the raising by Mortgage of the Estates in Ireland, until sold, of a limited Sum of Money, to be applied, under the Direction of the High Court of Chancery in England, in or towards permanently improving the said Estates in Ireland; and for making Provision for the Liquidation and Payment of the Principal Monies and Interest; and for other Purposes.

[22d July 1847]

ANNO DECIMO & UNDECIMO VICTORLE REGINA. *************************************************** Cap.1%. An Act fou enabling certain Estates in Ireland of the Right Honourable William Earl of Devon deceased to be sold, and the Proceeds arising therefrom, after Payment of certain Charges and Incumbrances, to be applied in Payment or towards Reduction of the Charges and Incumbrances affecting the Family and other Estates in England late of the said Earl of Devon; and for authorizing the raising by Mortgage of the Estates in Ireland, imtil sold, of a limited Sum of Money, to be applied, under the Direction of the High Court of Chancery in England, in or towards permanentlv improving the said Estates in Ireland; and for making Provision for the Liquidation and Payment of the Principal Monies and Interest; and for other Purposes. [22d July 1847.] W HEREAS the Right Honourable William Earl of Devon deceased was, or claimed to be at the Time of the Exe- cution of his Will and Codicils herein-after recited, and thenceforth to his Decease, seised of or entitled to divers Castles, [Private.'] 4 ,. . Manors, 362 10 & 11 VICTORLE, Cap.\2. Manors, Lands, Advowsons, and Hereditaments in the County of Will of Wil- Devon in England and in the County of Limerich in Ireland: And liam Earl of vvilereas the sa\fi William late Earl of Devon, being so seised or entitled, 3d May 1831. duty made and published his last Will and Testament in Writing, bear-ing Date on or about the Third Day of May One thousand eight hundred and thirty-one, executed and attested as by Law was then required for rendering valid the Devise of Freehold Estates, and thereby, after giving divers pecuniary Bequests and Legacies, gave and devised unto his Brother in Law the Right Honourable George Lord Carleret, since deceased, and his Nephew Sir John Courlenay Honyivood Baronet, since also deceased, and their Heirs, all his the said Testator's Castles, Manors, Lands, Advowsons, and Hereditaments in England and in Ireland, and all Remainders, Reversions, and Expectancies of and in the same, and all other the Real Estates in England and Ireland of or to which he the said Testator was at the Time of making his said Will seised or entitled at Law or in Equity, in pos-session, reversion, remainder, or over or or in respect of which he had any Power of Disposition or Appointment, to hold the same to the said George Lord tarieret and Sir John Courtenay Honywood, and their Heirs, to, for, and upon the Uses, Trusts, Intents, and Pur-poses, and subject to the Powers, Provisoes, and Declarations in and by his said Will limited, expressed, and declared concerning the same, (that was to say,) to the Use of the said George Lord Carteret and Sir John Courtenay Honywood, their Executors and Administrators, during the Term of Five hundred Years, to commence from the Time of his the said Testator's Decease, upon the Trusts therein-after declared concerning the same, and from and after the End, Expiration, or other sooner Determination of the said Term of Five hundred Years, and in the meantime subject thereto and to the Trusts thereof, to certain Uses in the usual Course of strict Settlements for the Benefit of the said Testator's Sons, and the Sons of such Sons, and the Heirs Male of their Bodies, and in default of such Issue Male as therein mentioned of the said Testator's Body to the Use of William Reginald Cowtenay Esquire, now commonly called Lord Courtenay, therein described as eldest Son of his said Testator's Relation William Courtenay Esquire, now William Earl of Devon, during the Term of the Life of the said William Reginald Lord Courtenay, without Impeachment of Waste, with Remainder to the Use of the said Testator's Brother in Law the Right Honourable Lord Robert Edward Somerset and Major General John Locke, and their Heirs, during the Life of the said William Reginald Lord Courtenay, upon trust to preserve the contingent Uses and Estates therein-after limited, but nevertheless in trust for the said William Reginald Lord Courtenay and his Assigns, and after the Decease of the said William Reginald Lord Courtenay to the Use of each of the Sons of the said William Reginald Lord Courtenay born or to be born in the said Testator's Lifetime, successively during the Term of the Life of each such Son, without Impeachment of Waste, and after the Decease of each such Son to the Use of the First and every other Son of each such Son successively, according to Priority of Birth in Tail Male, in such Manner that the eider of the said Sons of the said William Reginald Lord Courtenay, and the First and every other Son successively in Tail Male of such eider Son, might be preferred to and take before the younger of the said Sons of the said William 5 Reginald 10 & 11 VICTORLE, Cap.\% Reginald Lord Coutenay and his and their First and other Sons successively in Tail Male, with Remainder, after the Determination of the Estate for Life of each of the said Sons of the said William Reginald Lord Courtenay by any means in the Lifetime of such Sons, to the Use of the said Lord Robert Edward Somerset and John Locke, and their Heirs, during the Life of each of such Sons of the said William Reginald Lord Courtenay, in trust to preserve the contingent Remainders therein-after limited, and in default of such Issue Male as aforesaid of the said William Reginald Lord Courtenay to the Use of the Son and Sons of the said William Reginald Lord Courtenay who shall be born after the said Testators Death, successively in Tail Male, so that the eider of such Sons and the Heirs Male of his Body should be preferred to and take before the younger of such Sons and the Heirs Male of his and their Body and Bodies, and in default of such Issue to the Use of the other Sons of the said William (now Earl of Devon) born or to be born in his the said Testator' Lifetime, successively during the Life of each such Son, without Impeachment of Waste, and after the Decease of each such Son to the Use of his First and every other Son, successively according to Priority of Birth in Tail Male, in such Manner that the eider of the said other Sons of the said William (now Earl of Devon) and the First and other Sons successively in Tail Male of such eider Son might be preferred to and take before the younger of the said other Sons of the said William (now Earl oi Devon) and his and their First and other Sons successively in Tail Male, and after the Determination of the Life Estate of each of the said other Sons of the said William Earl of Devon by any Means in the Lifetime of such Son to the Use of the said Lord Robert Edward Somerset and John Locke, and their Heirs, during the Life of each such Son, in trust to preserve contingent Remainders, and in default of such Issue Male of the said William Earl of Devon as aforesaid to the Use of the said Lord Robert Edward Somerset and John Locke, and their Heirs, during the Life ofthe said William (now Earl of Devon), in trust to preserve contingent Remainders, but nevertheless to permit the Person or Persons who for the Time being and from Time to Time during the Life of the said William (now Earl of Devon) should be seised of or entitled to the said Testators said Hereditaments in remainder immediately expectant upon the Decease of the said William (now Earl of Devon) to receive the Rents, Issues, and Profits of the said Hereditaments, in the same Manner as if the said William (now Earl of Devon) were actually dead, and from and after the Decease of the said William (now Earl of Devon) to the Use of the Son and Sons of the said William (now Earl of Devon) who should be born after his the said Testators Decease, successively in Tail Male, so that the ekler of such Sons and the Heirs Male of his Body should be preferred to and take before the younger of such Sons and the Heirs Male of his and their Body and Bodies, and for Want of such Issue to the Use of his the said Testator's Relation Thomas Pere-grine Courtenay Esquire (since deceased), therein described as Brother of the said William (now Earl of Devon), and his Assigns during his Life, without Impeachment of Waste, and from and after the Determination of that Estate in his Lifetime to the Use of the said Lord Robert Edward Somerset and John Locke, and their Heirs, 10 & 11 VICTORIA, Cap. 12, Heirs, during the Life of the said Thomas Peregrine Courtenay, in trust to preserve contingent Uses and Estates, and from and after the Decease of the said Thomas Peregrine Courtenay to the Use of Thomas Peregrine Courtenay the younger, the eldest Son of the said Thomas Peregrine Courtenay, and his Assigns during his Life, without Impeachment of Waste, and from and after the Determination of that Estate in his Lifetime to the Use of the said Lord Robert Edward Somerset and John Locke,- and their Heirs, during the Life of the said Thomas Peregrine Courtenay the Son, upon trust to preserve contingent Uses and Estates, and after the Decease of the said Thomas Peregrine Courtenay the Son to the...

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