Wentworth Estate Partition Act 1919 (NSW)

Wentworth Estate Partition Act. WENTWORTID ESTATE PARTITION ACT, An Act to make effectual an Indenture of Partition, george v, dated the twenty-second day of September, one thousand cight hundred and. fifty-one, prepared for the purpose of carrying into effect a Decree of the Supreme Court of New South Wales in its Fquitable Jurisdiction dated the twelfth day of December, one thousand cight hundred and fifty, whereby the said court confirmed a partition of certain lands devised by the will of the late Darcey Wentworth, situated in the districts of Mawarra, Appin, and Bankstown, in the State of New South Wales. [Assented to, 29th December, 1919.] Wwreeras Darey Wentworth, late of Homebush, / in the Colony of New South Wales, on the fifth day of July, one thousand cight hundred and twenty- seven, duly made, signed, and published his last will and testament in writing of that date, whereby reciting that he was possessed of extensive real estates which he was desirous of bequeathing to his children in such manner as that the same should be enjoyed by them respectively only for and during the period of their natural lives, in order therefore to limit the same strictly in entail to them his said children, and to the several and respective heirs of their bodies respectively, the said testator gave, devised, and bequeathed the whole of his property, real, personal, and mixed, wheresoever the same might be situate, except as thereinafter was excepted, unto his friends John Thomas Campbell, William Lawson, William Redfern, Esquires, and unto his the said testator's son William Charles Wentworth, Esquire, their heirs, executors, administrators, and assigns, according Preambio. 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George V. according to the respective nature and quality thereof To have' and to hold his the said testator's said real personal and mixed estate to them his the said testator's said trustees and the survivor of them, and the heirs, executors, administrators, and assigns of such survivor In trust nevertheless to and for the uses, intents, and purposes following, that was to say (aftcr devising certain legacies and annuities and declaring certain trusts in respect thereof) Upon trust to allow his, the said testator's said son William Charles Wentworth to have, possess, and enjoy certain of his the said testator's estates and property in the said will particularly mentioned and described, the said William Charles Wentworth to possess and enjoy the said estates, hereditaments and premises respectively, and every part and parcel thereof for and during the term of his natural life, and from and after his decease the same to go and descend to his first and other sons and daughters in tail in the order of primogeniture, males to be preferred to females, and to the several and respective heirs of their bodies so as that each possessor should take only a life estate and interest in the same. And in the event of the said William Charles Wentworth's decease without issue then the said testator gave and devised his said estates to his said trustees and their heirs in trust to allow his the said testator's other children thercinafter mentioned to possess and enjoy the same, strictly limited to life interest and entail to each of them respectively in the order of primogeniture, males to be preferred to females, in the order in the said will particularly mentioned, it being distinctly understood that the estate he then devised to his said son William Charles Wentworth was in full compensation for the one thousand acres of land granted to him at IMawarra or the Five Islands. And (after certain devises and declarations of trust in favour of his son Darcy Wentworth) upon further trust to allow his the said testator's children Martha, Sophia, Robert, Mary Anne, and Katherine to possess and enjoy the whole of his the said testator's Illawarra estate (including certain lands at Liverpool and Appin and the said one thousand acres of land so granted to the said William Charles Wentworth as aforesaid), being the lands mentioned and described in the First Schedule to Wentworth Estate Partition Act. to the Indenture of Partition dated the twenty-second George V. day of September, one thousand eight hundred and tifty- one, hereinafter mentioned for and during the periods of the respective natural lives of his the suid testator's said five therein last-mentioned children to be held and enjoyed by them respectively and by their respective heirs of their bodies as tenants in common and not as joint tenants, with the like limitations as to remainder to their respective issue and to succession in default of such issue as was thereinbefore in the said will limited and appointed with regard to the other estates thereby by the said will devised and bequeathed to his the said testator's said son William Charles. And the said testator declared that in the event of the death of any of his said nine children (in the said will particularly mentioned) without issue of their bodies as therein afore- said, he the said testator gave and devised the estate or estates thereinbefore given and devised in trust for such children and their issuc as therein aforesaid as should dic without issue to the eldest of his the said testator's said children who should be then living in the order of succession therein particularly mentioned to be had and held by such succeeding child and the heirs of his or her body, subject { to the like limitations and conditions as therein aforesaid: And whereas the said testator was at the times of his so making the said will and of his death seized and possessed of the said lands mentioned anc described in the said First Schedule to the said indenture other than the said one thousand acres of land grantec to the said William Charles Wentworth: And whereas the said testator died on the seventh day of July, one thousand cight hundred and twenty-seven, without having in any way altered or revoked his said last wil and testament, which was, on the twenty-second day o May, one thousand eight hundred and twenty-eight, duly proved in the Supreme Court of New Soutit Wales in its Ecclesiastical Jurisdiction, when administration of the estate of the said Darey Wentworth was duly erantec to the said John Thomas Campbell, William Lawson, and William Charles Wentworth: And whereas the said testator left him surviving his children Martha Wentworth, in the said will called Martha; Sophia Wentworth, therein called Sophia; Robert Charles Wentworth Wentworth Estate Partition Act. 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Wentworth, therein called Robert; Mary Anne Went- worth, therein called Mary 'Anne ; ; and Katherine W entworth, therein called Katherine: And whereas by an indenture dated the first day of January, one thousand eight hundred and forty-seven, and made between the said William Charles Wentworth and Sarah Wentworth his wife of the one part, and Robert Towns and Stephen Addison of the other part, which indenture was duly acknowledged by the said Sarah Wentworth, reciting that the said William Charles Wentworth had accepted the said devise to him and was desirous of conveying the said one thousand aeres of land so granted to" him as aforesaid upon the trusts of the said will in manner thereinafter mentioned, the said William Charles Went- worth and the said Sarah Wentworth released the said one thousand acres of land unto the said Robert Towns and Stepheu Addison and their heirs, to hold the same unto the said Robert Towns and Stephen Addison and their heirs to such uses and upon the trusts and for the ends intents and purposes expressed and declared in and by the said will of and concerning the said testator's said Illawarra estate: And whereas the said Martha Went- worth on or about the twelfth day of March, one thousand cight hundred and twenty- eight, intermarricd with John Reddall : And whereas the said Martha Reddall diced in the year one thousand cight hundred and forty-seven, leaving her surviving Thomas Alexander Reddall, her eldest son and heir at law; And whereas the said Sophia Wentworth on or about the twenty-cighth day of December, one thousand eight hundred and thirty-three, intermarried with the said Robert Towns: And whereas by an indenture dated the eighth day of January, one thousand eight hundred and fifty- six, duly acknow icdged by the said" Sophia Towns, the said Robert Towns and Sophia Towns did grant and release to Randolph John Want and his heirs the undivided equal fifth share of the said Sophia Towns and all other the interests of the said Sophia Towns in the said lands mentioned and described in the said First Schedule to the said Indenture of Partition, dated the twenty-second day of September, one thousand eight hundred and fifty-one, to hold the same unto the, said Randolph John Want and his heirs to such uses as the said Sophia Towns should Wentworth Estate Partition Act. should appoint, and in default of and subject to any George V. such appointment to the use of the said Sophia 'Towns and her heirs: And whereas in the year one thousand cight hundred and forty a judgment was obtained against the said Robert Charles Wentworth in the Supreme Court of New South Wales, and in pursuance of an alias writ of fieri facias, dated the thirteenth day of June, one thousand eight hundred and forty- nine, andissued for the satisfaction of the said judgment, the sheiilf by a deed poll dated the twenty-first day of July, one thousand eight hundred and forty-nine, bargained and sold to John Baker Smithers all the interest of the said Robert Charles Wentworth in the undivided fifth share or other the interest of him the said Robert Charles Wentworth in the said lands mentioned and described in the Iirst Schedule to the said Indenture of Partition secondly, thirdly, ninth tenthly, cleventhly, and twelfthly deserihed, to hold t same unto the said John Baker Smithers and his heirs: And whereas the said John Baker Smithers made the said purchase as trustee for the said Robert Towns and the said Stephen Addison: And whereas by an in- denture dated the twenty-fifth day of July, one thousand eight hundred and forty-nine, the said John Baker Smithers granted and released to the said Robert Towns and Stephen Addison and their heirs the said interest so bargained and sold to the said John Baker Smithers by the said deed poll, to hold the same unto the said Robert Towns and Stephen Addison and their heirs, as to one equal moicty thereof, as the said Robert Towns should by deed appoint, and in default of and subject to such appointment to the use of the said Robert Towns and his heirs, and as to the remaining moiety as the said Stephen Addison should by deed appoint, and in default of and subject to such appointment, to the use of the said Stephen Addison and his heirs: And whereas in pursuance of a pluries writ of fieri facias, dated the first day of September, one thousand eight hundred and forty-nine, and issued for the satisfaction of the said judgment, the sheriff, by a deed poll dated the ninth day of October, one thousand eight hundred and forty- nine, bargained and sold to John Gilchrist all the interest of the said Robert Charles Wentworth in the undivided Wentworth Estate Partition Act. George V. undivided fifth share or other the interest of him, the said Robert Charles Wentworth, in the said lands mentioned and described in the First Schedule to the said Indenture of Partition firstly, fourthly, fifthly, sixthly, seventhly, and eighthly described, to hold the same under the same unto the said John Gilchrist and his heirs, to such uses as the said John Gilchrist should appoint, and in default of and subject to any such direction or appointment to the use of the said John Gilchrist and his heirs: And whereas by an indenture the said John Gilchrist did appoint, and did also grant and zelease to the said Robert Towns and Stephen Addison and their heirs the said interest so bargained and sold to the said John Gilchrist by the said deed poll dated the ninth day of October, one thousand eight hundred and forty-nine, to hold the same unto the said Robert Towns and Stephen Addison and their heirs, as to one equal moicty thereof, as the said Robert Towns should by deed appoint, and in default of and subject to such appointment to the use of the said Robert 'Towns and his heirs, and as to the remaining moiety as the said Stephen Addison should by deed appoint, and in default of and subject to such appointment to the use of the said Stephen Addison and his heirs: And whereas the said Mary Anne Wentworth, on or about the nineteenth day of December, one thousand eight hundred and forty, intermarried with the said Stephen Addison: And whereas by an indenture dated the cighteenth day of December, one thousand cight hundred and forty-nine, and duly acknowledged by the said Mary Anne Addison, the said Stephen Addison and Mary Anne Addison did grant and release to the said Randolph John Want and his heirs the undivided equal fifth share of the said Mary Anne Addison in the said lands mentioned and described in the said First Schedule to the said Indenture of Partition dated the twenty-second day of September, one thousand eight hundred and fifty-one, to hold the same unto the said Randolph John Want and his heirs to such uses as the said Mary Anne Addison should by decd or will appoint, and in default of and subject to any such appointment to the use of the said Mary Anne Addison and her heirs: And whereas by an indenture dated the twenty-seventh day of January, one Wentworth Estate Partition Act. one thousand eight hundred and forty-seven, the sak Katherine Wentworth did grant and release unto the said Randolph John Want and his heirs the undivided equal fifth share of the said Katherine Wentworth in the said lands mentioned and described in the said Firs Schedule to the said Indenture of Partition except the several parcels therein respectively fourthly and ninthly described 'Lo hold the same unto the said Randolph John Want and his heirs to such uses as the sai Katherine Wentworth should by deed or will appoint, and in default of and subject to such appointment to the use of the said Katherine Wentworth and her heirs: And whereas by au indenture dated the thirticth day of January, one thousand eight hundred and forty-seven, the said Natherine Wentworth did grant and release unto the said Robert Towns and William Curie Botts and their heirs all the lands and hereditaments in and by the said indenture lastly hereinbefore recited com- prised and assured to hold the same immediately after the marriage of the said Katherine Wentworth with Benjamin Darley to sach uses as the said Benjamin Darley and Katherine Wentworth by deed should jointly appoiat: And whereas the said Katherine Went- worth on or about the sixth day of February, one thou- sand cight hundred and forty-seven, intermarvied with the said Benjamin Darley : And whereas by an indenture dated the twenty-soventh day of Mareh, one thousand eight hundred and forty-eight, the said Benjamin Darley and the said Katherine Darley his wife did jointly appoint that the lands thereinafter more particularly described should go, remain, and be to the uses therein- after deciaved of and coneerning the same, and the said Katherine Darley and the said Benjamin Darley did grant and release unto the said Robert Towns and Alexander Donaldson Kellic and their heirs all the lands in the said First Schedule to the said Indenture of Partition which were assured by the said indentures of the first day of February, one thousand eight hundred and forty- seven, and the thirticth day of January, onc thousand cight hundied and forty-seven, except the lands in the said schedule fourthly and ninthly described, and also all the Jand and estate devised to or to which the said Benjamin Darley and Katherine Darley or cither of them George V. 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Wentworth Estate Partition Act. them might be entitled under and by virtue of the said will of the said Darcy Wentworth to hold the same unto the said Robert Towns and Alexander Donaldson Kellic and their heirs to the uses thereinafter expressed and declared of and concerning the same: And it was thereby declared that the appointment and release therecinbefore contained should operate and enure to and for such estate and purposes and in such manner as the sail Benjamin Darley and Katherine Darley his wife by deed should appoint: And whereas Robert Darcy Wentworth Towns was the eldest son of the said Sophia Towns and was born on the twentieth day of November, one thousand cight hundred and forty-one: And whereas Katherine Darley the Younger was on the said twenty-second day of September, one thousand eight hundred and fifty-one, the date of the said indenture of partition, the eldest daughter of the said Katherine Darley, and the said Katherine Darley had not at the said lastmentioned date ever had any son: And whereas Hugh Darcey Addison was the eldest son of the said Mary Anne Addison and was born in the year one thousand eight hundred and forty-two: And whereas a suit was instituted in the Supreme Court of New South Wales in its Equitable Jurisdiction by an amended original Bill and two supplementary Bills wherein the said Robert Towns and Sophia Towns his wife, Alexander Donaldson Kellie, Benjamin Darley and Katherine Darley his wife, and Thomas Alexander Reddall, an infant by his next friend the said Robert 'Towns, were plaintiffs, and the said Stephen Addison and Mary Anne Addison his wife, and John Reddall, by his guardian George Want, were defendants. And it was by a deerce pronounced in the said suit on the fourteenth day of May, one thousand cight hundred and fifty, deereed that it be referred to the Master in Equity to see what shares, estate, and intercst the several parties to the said suit were respectively entitled to of and in the lands in the pleadings mentioned to be situate at Iawarra, Liverpool, and Appin, under the will of the said Darcy Wentworth, deceased, or otherwise being the lands mentioned and described in the First Schedule to the said Indenture of Partition, and that the Master should make a separate report thereof, and that after the Master Wentworth Estate Partition Act. Pr] Master showd have made such separate report a partition George V. should be made of the said lands betw een the said yarties according to the shares, estate, and interest the Master should find they were respectively entitled to, and that commissioners should make a division and 'partition of the said lands into such shares as the said varties should be found to be entitled to by metes and pounds; and it was further deereed that the several daintiffs and defendants should execute all necessary deeds and assurances for conveying and assuring sci several equal parts or shares to the parties who should xc found to be entitled thereto; and in case a perfect conveyance could not then be made of any of the sail varts or shares by reason of any temporary obstacle, any of the parties to the said partition were to be at liberty to apply to the court for a conveyance when such obstacle should be removed, and in the meantime the several parties thereto should hold and enjoy the allotted shares according to their respective Yr ishts and interests therein : And whereas the Master in Equity, in pursuance of the said decree, made a separate report dated the twenty- sixth day of August, one thousand eight hundred and fifty, whereby he found, inter alia, that the said Darcy W éntworth by his said avill devised to cach of his said children Sophia, Martha, Robert, Mary Anne, and Katherine, one equal undivided fitth share of the said lands, being the Jands meniioned and described in the afirst Sehedide to the said Indenture of Partition for live with remainders to their sons and daughters in tail in scceession, one after the other according to senfority of age and priority of birth, the sons to take before the daughters, the datignters not to take as conareeners hit in svecession one after the other: And whereas the said report was confirmed: And whereas by another decree prononneed by the said court on or about the twellth day of October, one thonsand eight hundred and fifty, and made in the said suit, and in another supplement: ul suit therein, Robert Darey Wentworth Towns, Tugh Darey Addison, and Katherine Darl ey, by John Henry Challis, their next friend, were plaintiffs, and the said Robert Towns and Sophia Towns his wife, Alexander Donaldson Kellie, Tenjamin Darley and Katherine Darley his wife, and Thomas Alexaider Reddall, by his guardian " George V. gpardian Robert Towns, and Ste ordered that the eeu: »Wontweorth Estate Partition Ack hon Addison and "Mary Aune his wife, and Joha Reddall, by his guardian Georee Want, were defendants, if was deere: Dohat it should be referred to the Master in E quity to enquire whether it, would be for the benefit. of the is ahomy issue of Robert: Weniworth in the supplemental' salt men- tioned that the lands and hereditaments in the pleadings mentioned should be apportioned and divided between them and the several parties to the said third supple- mental suit and the wuborn issue of the said Robert Wentworth, according to their respective estates and interests therein, and whether it would be for the benetit. of such unborn issuc that the deeree and pro- ceedines had in the said original and tivo first-mentioned supplemental suits should be carried on and prosecuted in the said third supplemental suit, and if the Master should*find that it would he for the bénefit of such unborn issue that the decree made in the said original and tw first supplemental suits, dated the fourteenth day of May, one thousand cight hundred and fifty, and the proceedings and partition to be taken and nade in. pursuance thereof be carried on and prosecuted between and be bir 'ing on the pariies to the said third supple- mental suit' and the enid unbarn issuc of the said Robert Wentworth, according 'to their several and respective estates and iuterests in the said 'lands as if they had been parties to the said original and two first-mentioned supplemental suits, and that all past and future proceeaings in all the said therehbefore- mentioned suits be binding on all the saul paruies to the said third supplemental sait and the said unborn issuc of the said Robert Voniworth: And it was ] issioners to be appointed under and by vireae of the said decree showld miecke & division and partition of the said lands into such parts or shares as tle pardes to the said ortsinal and thyeee supplemental suits had heen found to be entitled to by the Master's report, bearing date tue twenty-sixth day of August, one thousand cight hundred and tifty, and the order confirming the same by metes and bounds: And it was. ordered that the said deerce, so far as the same related to the conveyance of allotted parts of the said estate and to the holding and enjoying the same Lefore conveyance, allotted Wentworth Estate Partition Act. 1) should be extended and applied to the parties to the said) George V. {third sepplemental suit and to the unborn issue of the ate aabert Wentworth and the payts or shares to be wlisted to them respectively: And if was ordered that Waat saoild be allovied to the several parties should be heii tad enjoyed by them in' severalty, and all and every the parties and party under disability when capable, and al other proper parties should" join in executing ver conveyances, and, if necessary, duly acknowledge ao suc h other acts necessar y for barring estates tail, sy conveying and vesting the several 'shares in and said premises respectively, according to the severai estates, rights and interests of, in and to the seveval undivided parts and shares of and in the said veais: And whereas the said Master, in pursuance of cae said dast-mentioned decree, made his report dated cae Miiteonth day of October, one thousand cight Woda and fifty, whereby he found that it would be Sot the benetit of the unborn issue of the saw Robert vengvorth (being the said Robert Clarles Wentworth) that tue said lands should be apportioned and divided serween them and the several parties to the said third supplemental suit according to their respe Live estates uid interests thereia, and "that if woula be for the Meuetit of such unborn issue that the deeree and pro- ceedings had in the said original and first-mentionec deiontal suits should be carried on and prodsecutes sda chin su pplemental snit, which said report "ervaurds coniiemed : And whereas ii pursuance 2 sont divst in part recited deeree a comuission was vere) the commissioners therein maaned : An On ii issioners having enised Tots to be drawn ba coscuit Allotment of the sand lands, duly retuned lie sain Coniission, accompanied by a certificate datec sixth aay of November, one thousand cight uid fifty, whereby they certified that they the lands in question consisted of the lands i sada certificate and in the said Virsi.Schedule to tite sand Fadenture of Partition, dated the twenty-second day of September, one thousand eight hundred and oaicyeone, sneationed and deseribed. And the said comaissioucrs further certified that they did make a fair yoatition, division and allotment 'by metes' and Se a Vomdred Noid 2c ; hounds George V. hounds of the said lands into five equal shares, anc the said five portions of the said Jands, beime the Wentworth Estate Partition Act. thata schedule prepared by them and annexed to the said certificate and marked with the letter X containec poriions comprised in the second, third, fourth, tifth ane sixth schedules to the said Tndenture of Partition. Anc the said commissioners did thereby make an allotment. of the said dands in accordance, with the rights anc interests of the parties respectively entitled thereto: And whereas the said partition was duly confirmed by an order of the Supreme Court of New south Wales in iis Equitable Jurisdiction, dated the twelfth day of December, one thousand eight hundred and fifty : Ane eWherens, for the purpose of elfectuating the said) parti- tion by a formal conveyance and assurance, the siaic indenture of partition, dated the twenty-second day of September, one thousand cight hundred and difty-one, was prepared, which said indenture of partition was settled and approved by the Master in Equity, whereby "it was intended that all persons who were entit.ed to the said lands, directly or derivatively, under the said will for estates for life or pur auter vie or in fee, and in possession, Or in remainder or otherwise, should so con- vey and assure the said lands that the several parcels thereof should stand limited in aceordance with the said partition, aud for the said) purpose that the parcels of the said Jands deseribed in the Second Schedule to the said) Endenture of Partition should, after the death of the said Robert Charles Wentworth, be subject to the Uniitations declared by the said will of the sald) Davey Wentworth of and coneerning the share of dhe said Qobert Charles Wentworth of and in the said dands so devised to the said tesiators five children iu and by the said will as aforesaid, and that the parecls of the said ands deseribed in the third schedule thereto should become vested in the said Thomas Alexander Reddall and the heirs of his body foran estate in fee aul, and subject thereto shout be subject to the limitations declared by the said will of and concerning the share of the said Martha Wentworth of and in the said land so devised to the said testator's five children as aforesaid, and that the parcels of the said lands deseribed in the fourth schedule thereto should, after the death of ' the Wentworth Estate Partition Act. declared by the said will of and concerning the share of che said Sophia Tow ns of and in the said lands so devised fo the said testator's five children as aforesaid, and that che parecls of the said lands described in' the fifth schedule thereto should after the: death of the said watherine Darley be subject to the limitations declared by he said will of and concerning the share of the said Katherine Darley of and in the said lands so devised to the said festator's five children as aforesaid, and that ive pareels of the said Jands deseribed in the sixth schedule thereto should, after the death of the said Mary Aine Addison, be subject to the limitations declared by tie said will of and concerning the share of the said ivy Anne Addison ofand in the said lands so devised to te sd testator's five children as aforesaid : And whereas C stid Thomas Alexander Reddall, the cldest son of tie sat Martha Reddall, did on or about the twenty-first aay ot May, one thousand eight hundred and fifty-five, 'aly exeeute the said indenture of partition and did also duly acknowledge such execittion : And whereas Robert. Dwwvey Wentworth owns, the eldest son of the said Seplin Towns, did, on or about the twelfth day of OQeober, one thousand cight hundred and sixty-five, aay exeeate the said indenture of partition, and did also duty acknowledge such execution: And whereas it doth io tappearthat thesaid indenture of partition wasexecuted vy all the persons entitled under the said will to a share interest in the said lands mentioned and deseribed '1 vie said) Piest Schedule to the said Indenture of Partition op otherwise interested therein, and the execution by woouof the said indenture of partition was necessary forges taat the same should be completely. eilectima: 'ind wereas the said indenture of partition may thereby ee ines actin or not wholly effectual for the purpose for ce he ssiie was prepared s And whereas the said lands sesenimed inthe said First Schedule to the said Indenture of Partition havesinee about the date when the said inden- tive Was lirstexecuted been held and enjoyed in several parcels in accordance with the partition provided for by ie sid Indenture: And whereas it is desirable that the «w dadenture of Partition should be effectual in order viet the titles of the persons intended to take thereunder should aid Sophia Towns, be subject to the limitations George V. George V. Indenture of partition dated 22nd September, IS51, to operate: accordin;: tp intention, Wentworth Estate Partition Act. 'should be perfected i in the manner contemplated by the said decrees of the Supreme Court'ol New South Wales in its Equitable Jurisdiction : And whereas by reason of the deaths of parties interested in the said lands and otherwise the said objects cannot be attained witiout the authority of Parliament: Be it therefore enseted by the King's Most. Excellent Majesty, by and with the adviee and consent of the Legislative Council and Legislative Assembly of New, South Wales in Parliament assembled, and by the authority of the same, as follows :— 1. The said indenture of partition, dated the twenty- 'second day of September, one thousand eight hundred and fifty-one, shall operate, and shall be deemed to have' operated as from the said date, in all respects as though a person had on the twenty-second day of Septe: uber, one thousand eight hundred and fifty-one, been seized and possessed of the lands mentioned and described in the first schedule to the said indenture, together with all eascinents, privileges, advantages, rights, members, and appurtenances thereto, ar to any parb or parts tlercol, belonging, or in anywise appertaining, or therewith, or with any part or p arts thereof, then or theretofore usually held, used, occupied, or enjoyed for an estate in fee simple in possession, freed and discharged from all estates, interests, encumbrances, and rights whatsoever in any other person or persons save and except only such if any wstates, Interest, encumbrances, and rights of any person or persons other than the said Darey Wentworth, deceased, as had existed in the said lands, or in any part or paris thereol, immediately prior to the death of the said: Davey-Wentworth, and were still in existence on the said twenty-second day of September, one thousand cight hundred 'and fifty-one, and such person so. seized and possessed as aforesaid had on the said twenty-second day of September, one thousand eight hundred aud fifty- one, hy the said indenture duly | evanted, bargained, sol, released, ratified, and coutirmed unto Randolph dobn Want in the said indenture mentioned, and his.heirs all and singular, the said Jancs with their and every of their appurtenances to have and to hold the same unto the said Randolph John Want and his heirs to the uses upon the trusts, and for the ends, inients, and purposes |] hereinafter expressed : Wen