William Lockhart estate: enabling trustees to sell the lands of Old Melrose Act 1837
|Publication Date:||January 01, 1837|
(7 Will. 4 & 1 Vict.) c. 14
An Act for enabling the Trustees of William Eliott Lockhart deceased, of Borthwickbrae, to sell the Lands of Old Melrose and Part of the Estate of Borthwickbrae to pay the Debts affecting the Same.
[10th June 1837]
ANNO SEPTIMO GULIELMI IV REGIS. Cap.14. An Act for enabling the Trustees of William Eliott Lockhart deceased, of BorthwiMrae, to sell the Lands of Old Melroseand Part of the Estate of Borthwickbrae to pay the Debts affecting the same. [10th June 1837-] W HEREAS William Eliott Lockhart Esquire, of Borthwick- Entail of brae, since deceased, by a Disposition and Deed of Entail Borthwick- bearing Date the Twenty-third Day oiJanuary One thousand brae and eight hundred and nineteen, and registered in the Books of Council ex' and Session the Twenty-seventh Day of March One thousand eight hundred and thirty-seven Years, conveyed, alienated, and disponed to and in favour of himself in Liferent, and to Allan Eliott, his eldest Son procreated of the Marriage betwixt him and Mrs. Marianne Eliott Lockhart, his Spouse, and the Heirs whatsoever of his Body, in Fee'; whom failing, to Walter Eliott Lockhart, his Second Son, and the Heirs whatsoever of his Body ; whom failing, to William Eliott, his Third Son, and the Heirs whatsoever of his Body; whom failing, to Gilbert Eliott, his youngest Son, and the Heirs whatsoever of his Body; whom failing, to any other Son or Sons to be procreated of his then present or any subsequent Marriage, according to their Right of Primogeniture, and the Heirs whatsoever of the Bodies of such Son [Private.'] 4 u or 7GULIELMI IV. CapAL Churchyard thereof, pertaining to the said Lands; as also all ati J whole these Two Husband Lands in Eildon now called Peasehill, with the Teind Sheaves, as well Parsonage as Vicarage, of the same included, Tofts, Crofts, Parts, Pendicles, and haill Pertinents thereof whatsoever, lying within the Town and Territory of Eildon, Lordship and Regality of Melrose, and Shire of Roxburgh, together with all Right, Title, Interest, Claim of Right, Property, and Possession, petitory or possessory, which he the said William Eliott Lockhart, his Predecessors and Authors, Heirs and Successors, had, have, or could anyways claim or pretend thereto or to any Part thereof in Time coming; but always with and under the Conditions, Provisions, Limi tations, Restrictions, Clauses irritant and resolutive, Declarations, Powers, and Faculties as set forth in the said Deed of Entail, and such as are usual in Settlements of Land in strict Entail by the Law and Practice of Scotland: And whereas the said William Eliott LockhaH, by a Trust Deed dated the said Twenty-third Day of January One thou sand eight hundred and nineteen, and registered in the Books of Council and Session the Thirteenth Day of April One thousand eight hundred and thirty-three, conveyed his Lands and Estate of Borthwickbrae, Flex, and others above described, and his whole other Real and Personal Property (excepting the Lands and Estate of Old Melrose, also above described), to the following Trustees; videlicet, Marianne Eliott Lockhart, his Wife, Sir Alexander Muir Mackenzie of Delvine, Baronet, the Honourable James Clerk Rattray, one of the Barons of His Majesty's Court of Exchequer in Scotland, William Bertram Esquire, of Nisbet, (all since deceased,) John Corse Scott Esquire, of Sinton, and John Tod, Writer to the Signet, and to the Survivors or Survivor of them, any Three being a Quorum; with Powers of Manage ment and for the Purposes following; videlicet, first, for Payment of Debts, Funeral Expences, and Expences of executing the Trust j second, for Payment of Bequests and Provisions granted or to be granted to younger Children, and particularly of Ten thousand Pounds Sterling to be divided equally among William and Gilbert and Jane and Margaret Eliott, the Testator's younger Children, payable and to pay Interest from the first Term of Whitsunday or Martinmas after the Testator's Death, the Share of any Child succeeding to the said Entailed Estates of Borthwickbrae or Old Melrose, or dying, to be divided among the Survivors; and the Daughters, and Survivor of them, while unmarried, to have besides an Annuity of One hundred Pounds from the Heir of Borthwickbrae; and these Provisions were declared to be over and above any Sums payable to the younger Children from the Estate of Cleghorn belonging to their Mother third, the Trustees were directed to convey to the said Marianne Eliott Lockhart, in addition to the Provisions contained in her Con tract of Marriage, the Dwelling House, Stable, and Pertinents in George Square, (liferented by Mrs. Simpson, Sister of the Testator,) and also to make over to her all the Furniture and other Effects at Cleghorn, and all the executry Rents of that Estate; fourth, the said Trustees were thereby directed to entail Wester Essenside and Burnfoot as a Surrogatum for the Balance of the Price of certain Lands sold for Redemption of the Land Tax of the Estate of Cleghorn, but winch was afterwards done, so far as necessary by the Testator himself; fifth, it was thereby provided, that the Heirs of En- 1 tail 7GULIELMI IV. Cap.U. 357 tail should have Possession of Borthwickbrae House with its Pertinents, with One hundred and fifty Acres of Ground contiguous, or in lieu thereof an Annuity of Two hundred Pounds Sterling; and lastly, after all the Debts due by the Testator were paid, and Discharges thereof recorded (Annuities excepted), the Trustees are directed to divest themselves and convey the said Lands and Estates of Borth wickbrae, Flex, and others, in Terms of and under the Conditions and Provisions of the said Deeds of Entail, in favour of the Heir for the Time; to record the Entails, and to complete proper feudal Titles in the Person of the Heir ; which Trust Deed contains Obligation to infeft, Procuratory of Resignation, Precept of Sasine, and other usual Clauses : And whereas by a Codicil annexed to the said Trust Deed Codicil to dated the Twenty-eighth Day of October One thousand eight hun- ^eyu.st dred and twenty-nine, and registered of the Date of Registration of the Bonhwick- said Trust Deed, the said William Eliott Lockhart limited the Sum for brae and younger Children to Seven thousand Pounds, and the Provisions in Flex- their Favour from the Cleghorn Estates were thereby directed to be imputed in part thereof, except Annuities, of which Sum of Seven thousand Pounds the Testator's Third Son William was to receive Three thousand Pounds, unless in the Events of his succeeding to the said Estate of Old Melrose, or of his dying unmarried or intestate, in any of which Events the said Provision was appointed to revert to the Heir of Entail in the Estate of Borthwickbrae, and the remaining Four thousand Pounds were directed to be divided equally between the said William EliottLockhart'sTwo Daughters, each having Power to dispose of One Half; and the other Half, if they should die un married, to descend to the Heir of Borthwickbrae ; and it was further provided that the Annuity of One hundred Pounds provided to the Testator's Daughters and the Survivor of them, by the said recited Trust Deed, should be in addition to an Annuity of equal Amount secured to them from the Estate of Cleghorn while unmarried, but that no Interest or Annuity should be payable while they resided with their Parents or the Survivor of them : And whereas, by a supple- Supplemen- mentary Trust Deed dated the Twenty-ninth Day of March One thou- tary Trust sand eight hundred and thirty, and recorded in the Books of Council De!d cn" and Session the Thirteenth Day of April One thousand eight hundred jvie]"fse t0 and thirty-three, the said William Eliott Lockhart deceased conveyed to the above- the Trustees above named, with the Exception of the said John Corse named Scott and the Addition of John Romanes, the Lands and Estate of Old Irustees- Melrose and Peasehill, above described, with Directions to convey the same, in Terms of the Entail of the said Estate before recited, to the said Walter Eliott, his Second Son, upon his agreeing to pay or provide for a Debt which amounted to Ten thousand Pounds contracted by the said William Eliott Lockhart deceased, and heritably secured over the said Estate of Old Melrose, but in case he should decline to take the Property on these Conditions, or should not satisfy the said Trustees within One Year or Eighteen Months after the Death of the said William Eliott Lockhart (which Period was by an after Codicil prolonged to Four Years) that he could provide for the Liquidation of the Debt affecting the said Lands and Estate, either during his own Lifetime or at the Period of his Decease, they were directed to entail the said Estate of Old Melrose in the same Way and on the same Series of Heirs as the said Estate of Borthwickbrae, [Private.] 4 ,y in 358 7GULIELMI IV. Cap.U, in which Case the said Walter Eliott was to receive a pecuniary Pro* vision of Two thousand Pounds; and the said Trustees were thereby further authorized to entertain any Proposal by the said Allan Eliott Lockhart for denuding themselves of the said Trust Estates, either in whole or in part, in case he could satisfy them that he had provided, by Insurances or otherwise, for the whole Debts and Provisions which could be made to affect the said Estates, and the former Provision of Three thousand Pounds to William Eliott was thereby restricted to Two thousand Pounds; and the said John Corse Scott was withdrawn from being a Trustee, and John Romanes, Writer in Codicil to Edinburgh, added to the Number of Trustees: And whereas, by a Supplenien- Codicil annexed to the said supplementary Trust Deed dated the Deed o Old Twenty-third Day of May One thousand eight hundred and thirty-two, Melrose. and registered the said Thirteenth Day of April One thousand eight hundred and thirty-three, the said...
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