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CROWN PRIVATE ESTATE ACT 1800
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CAP. LXXXVIII.
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An Act concerning the Disposition of certain Real and Personal Property of His Majesty, His Heirs and Successors; and also of the Real and Personal Property of Her Majesty, and of the Queen Consort for the Time being. [28th July 1800.]
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Preamble, Anne, Cap.
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His Majesty, His Heirs or Successors, out of Monies not appropriated to any Publick Service, not to Manors, &c. which have come to His Majesty, or shall come to Him or His Heirs or Successors from any Person not being Kings or Queens of the Realm. Enactment to operate as from the Birth of His Majesty.
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WHEREAS in and by an Act passed in the First Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for the better Support of Her Majesty’s Household, and of the Honour and Dignity of the Crown, it was (amongst other Things) enacted, That all and every Grant, Lease, or other Assurance, which, from and after the Twenty-fifth Day of March One thousand seven hundred and two, should be made or granted by Her said Majesty, Her Heirs or Successors, Kings or Queens of this Realm, under the Great Seal of England, Exchequer Seal, Seals of the Duchy and County Palatine of Lancaster, or any of them, or by Copy of Court Roll, or otherwise howsoever, of His present Majesty, shall extend to any Manors, Messuages, Lands, Tenements, or Hereditaments, of whatsoever Tenure the same may be, which have at any Time heretofore been purchased by His Majesty, or shall at any Time hereafter be purchased by, His Majesty, His Heirs or Successors, out of any Monies issued and applied for the Use of His or Their Privy Purse, or with any other Monies not appropriated to any Publick Service, or to any Manors, Messuages, Lands, Tenements, or other Hereditaments, of whatsoever Tenure the same may be, which have come to His Majesty, or shall or may come to Him, or His Heirs or Successors, by the Gift or Devise of, or by Descent or otherwise, from any of His, Her, or Their Ancestors, or any other Person or Persons not being Kings or Queens of this Realm; and the Intent of this Enactment is, that the same shall operate, to all Intents and Purposes, as from the Birth of His present Majesty.
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Such Copyhold or Leasehold Manors, &c. so purchased, &c. shall be vested in the Earl of Cardigan in Trust, and such as shall be purchased, &c. shall be vested in such Trustees as His Majesty shall appoint.
Trustees to be admitted to the Lands according to the Nature of the Estate therein, and shall be deeined the Tenants.
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II. And be it further enacted, That all and singular the Manors, Lands, Tenements, and Hereditaments of Copyhold or Customary Tenure, or of Leasehold Tenure, which have been purchased by His Majesty as aforesaid, or which have come to His Majesty by the Gift or Devise of, or by Descent or otherwise from any of His Ancestors, or any other Persons not being Kings or Queens of this Realm, whether the same have been surrendered or assigned to His Majesty, or to any Person or Persons in Trust for His Majesty, shall be, and the same are hereby vested in James Earl of Cardigan, his Heirs, Executors, and Administrators, according to the Tenure of such Manors, Lands, Tenements, and Hereditaments respectively, in Trust, nevertheless, for His Majesty; and that all such Copyhold or Customary, and Leasehold Lands, Tenements, and Hereditaments respectively, as shall be purchased in Manner aforesaid by His Majesty, His Heirs or Successors, or shall come to His Majesty, His Heirs or Successors, by the Gift or Devise of, or by Descent or otherwise from any of His or Their Ancestors, or any other Persons not being Kings or Queens of this Realm, shall be vested in some Trustee or Trustees for His Majesty, His Heirs and Successors, from Time to Time, to be respectively named or appointed by Instrument in Writing under the Sign Manual of His Majesty, His Heirs and Successors respectively; and the said James Earl of Cardigan, and such other Trustee or Trustees as aforesaid, shall be duly admitted to such Copyhold or Customary Lands, Tenements, or Hereditaments as aforesaid, by the Lords or Ladies of the Manor or Manors of which the same shall be holden, according to the Nature of the Estate therein, on Payment of such Fines, and subject to such Rents, Services, and Customs, as of Right shall be due and accustomed in respect thereof; and the said James Earl of Cardigan and such other Trustee or Trustees as aforesaid shall be deemed, as in respect of the Lords or Ladies of such Manors respectively, and all other Persons whatsoever, to be the true and only Tenants of such Copyhold or Customary Lands, Tenements, and Hereditaments respectively, so that no Lord or Lady any Manor, not any other Person or Persons, shall be prejudiced thereby.
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Grant already made by His Majesty not to be defeated by this Act.
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III. Provided always, That nothing herein contained shall extend to defeat or impeach any Grant or Disposition which hath been already made by His Majesty, or by His Direction, of any Manors, Messuages, Lands, Tenements, or Hereditaments so purchased by His Majesty as aforesaid and conveyed, surrendered, or assured to or in Trust for His Majesty, but all such Grants and Dispositions respectively shall be valid and effectual to all Intents and Purposes, as the same would have been if they had been made after the passing of, or were conformable to the Provisions in this Act contained.
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His Majesty, His Heirs and Successors, may sell or devise such Estates as His Majesty’s subjects may like Estates belonging to them.
Trustees shall convey such Estates as His Majesty, &c. shall direct.
Provisions for Conveyance of Trust Estates by Infants shall extend to Trustees for His Majesty.
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IV. And be it further enacted, That notwithstanding any Thing in the said recited Acts contained, or any other Statute, Law, Custom, or Usage to the contrary, it shall be lawful for His Majesty, His Heirs and Successors, from Time to Time, by any Instrument under His and Their Royal Sign Manual, attested by Two or more Witnesses, or by His and Their last Will and Testament in Writing, or any Writing in the Nature of a last Will or Testament, to be signed and published by His Majesty, His Heirs and Successors respectively, in the Presence of and to be attested by Three or more Witnesses, at His and Their free will and Pleasure, to grant, sell, give, or devise all and every or any of the Manors, Messuages, Lands, Tenements, and Hereditaments so purchased or to be purchased, by or which have or shall so come to His Majesty, His Heirs or Successors as aforesaid, whether of Freehold, or Copyhold or Customary, or Leasehold Tenure, and whether conveyed or assured to, or otherwise vested in His Majesty, His Heirs or Successors, or to or in any Person or Persons in Trust for His Majesty, His Heirs or Successors as aforesaid, unto any Person or Persons, for any Estate or Estates, or for any Intents or Purposes, His Majesty, His Heirs or Successors respectively shall think fit, as any of His Majesty’s Subjects may grant, sell, give, or devise any the like Manors, Messuages, Lands, Tenements, and Hereditaments respectively, belonging to such Subjects respectively, by their respective Deeds or other Instruments, or last Wills and Testaments respectively; and all and every Person and Persons who shall be seized or possessed of, or entitled to any such Manors, Messuages, Lands, Tenements, or Hereditaments respectively, or any Estate or Interest therein respectively, in Trust for His Majesty, His Heirs or Successors respectively, shall convey, surrender, assign, or otherwise assure the same, in such Manner as His Majesty, His Heirs or Successors, under His or their Royal Sign Manual respectively, to be attested as aforesaid, shall direct; and all and every of the Provisions made by Law for the Conveyance of Trust Estates by Infants, Idiots, and Lunaticks, shall extend to such Persons as are or shall be a Trustee or Trustees for His Majesty, His Heirs and Successors respectively, and such Trust Estates shall be conveyed, surrendered, and assured by such Infants, Idiots, and Lunaticks, or the Committees of such Idiots or Lunaticks accordingly.
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If no Dispositions of such Estates be made by His Majesty, or a Disposition be made which shall not exhaust the Whole, Estate undisposed of shall descend as if this Act had not been made, subject to certain, Provisions.
Freebolds which shall to detend shall be subject to the Restrictions of the recited Acts.
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V. And be it further enacted, That if no Disposition by Grant, Will, or otherwise, shall be made in pursuance of this Act by His Majesty, His Heirs or Successors, of any such Manors, Messuages, Lands, Tenements, and Hereditaments as aforesaid, or if any Disposition which shall be so made shall not exhaust the whole Estate or Interest of His Majesty, His Heirs or Successors respectively in the same, then and in every such Case all such Manors, Messuages, Lands, Tenements, and Hereditaments, whereof no such Disposition shall be made as aforesaid, or so much of the Estate and Interest therein respectively as shall not have been so disposed of, shall descend and go in such and the same Manner, on the Demise of His Majesty, His Heirs and Successors respectively, as the same would have descended and gone if this Act had not been made, subject nevertheless to the Provisions herein-after contained, as to so much thereof as shall be Personal Estate of His Majesty and His Successors; and all and every of such Mannors, Messuages, Lands Tenements, and Hereditaments, being of Freehold Tenure in Fee Simple, which shall so descend on the Demise of His Majesty, or any King or Queen of this Realm, shall be subject to all the Restrictions in the said recited Acts, contained, in the same Manner as the same would have been subject thereto if this Act had not been made.
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Estates so vested in His Majesty or in Trussees shall be subject to all Taxes.
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VI. And be it further enacted, That all and every of such Manors, Messuages, Lands Tenements, and Hereditaments, whether of Freehold, or Copyhold or Customary, or Leasehold Tenure, which shall be so as aforesaid from Time to Time vested in His Majesty, His Heirs or Successors or in any Person or Persons in Trust for His Majesty, His Heirs and Successors respectively, shall from Time to Time be subject and liable to all such Taxes, Rates Duties, Assessments, and other Impositions, Parliamentary and Parochial, as the same would have been subject and liable to if the same had been the Property of any Subject of this Realm; and all such Rates, Taxes, Assessments, and Impositions shall, so long as the said Manors, Messuages, Lands Tenements, and Hereditaments shall be vested in His Majesty, His Heirs or Successors, or in any Person or Persons in Trust for His Majesty, His Heirs or Successors as aforesaid, be ascertained, rated assessed, or imposed thereon, in the same Manner and Form, in all Respects, as if the same Manors, Messuages, Lands, Tenements, and Hereditaments respectively were the absolute and beneficial Estate of any of His Majesty’s Subjects; but nevertheless such Rates, Taxes, Assessments, and Impositions, shall be paid and payable in the Manner herein-after directed, and not otherwise.
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Taxes. &c. charged upon such Estates to be paid out of the Privy Purse.
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VII. And be it further enacted, That so long as any such Manors, Messuages, Lands, Tenements, or Hereditaments shall be or remain vested in His Majesty, His Heirs and Successors, or in any Trustee or Trustees for His Majesty, His Heirs or Successors as aforesaid, freed and discharged from the Provisions and Restrictions in the said recited Act respectively, all Taxes, Rates, Duties Assessments, Impositions, Rents, and other annual Payments, Fines and other Outgoings, which shall from Time to Time be charged and chargeable upon, or be or become due and payable in respect of all such Manors, Messuages, Lands, Tenements, and Hereditaments respectively, shall be paid and discharged out of the Privy Purse of His Majesty, His Heirs and Successors respectively, and Accounts thereof shall from Time to Time be returned to the Person or Persons for the Time being executing the Office of His Majesty’s Privy Purse, or his or their Deputy, who shall, and out of any Monies in his or their Hands applicable for the Use of His Majesty, pay and discharge the same.
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Her Majesty, during the joint Lives of Their Majesties, by Deed, or by Will may dispose of Mannors, &c. purchased by or in Trust for, or that may vest in Her Majesty, or in Trust for Her and may be queath all such Chattels and Personal Estate, as if She were Sole;
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VIII. And whereas by the Law of England and Queen Consort, Wife of the King, is capable of taking, granting, or disposing or Property as if she were a Feme Sole; but Doubts may arise how far this Capacity of granting or disposing or Property extends, and especially whether, during the Life of the King Her Husband, it includes the Power of devising and bequeathing by last will and Testament: And whereas His Majesty is desirous that Her Majesty Queen Charlotte, His Majesty’s Royal Consort, during His Majesty’s Life, should have full and complete Powers, as well by Her last Will and Testament as by Deed, to grant, alien, and dispose of any Manors, Messuages, Lands, Tenements, Rents, Tythes, and Hereditaments, which have been purchased by or in Trust for or otherwise vested in Her Majesty, or which shall hereafter be purchased by or in Trust for or shall be otherwise vested in or in Trust for Her Majesty, under and by virtue of any Deed, Gift, Will, or otherwise, except as herein-after is mentioned and of any Goods and Chattels, where Real or Personal, and Personal Estate of what Kind soever, belonging to Her Majesty, in the same Manner as Her Majesty might dispose thereof if she were sole and unmarried; and it may be convenient that the like Power should be secured to every Queen Consort of this Realm for the Time being: Now therefore be it further enacted, That it shall be lawful for Her Majesty, at any Time or Times during the joint Lives of Their Majesties, by Deed under Her Hand and Seal, to be executed in the Presence of and attested by Two or more Witnesses, or by Her last Will and Testament in Writing, or any Writing in the Nature of a last Will and Testament, to be signed and published by Her in the Presence of and attested by Three or more Witnesses, to grant, give, alien, dispose of, convey, or devise any Manor, Messuages, Lands, Tenements, and Hereditaments, which have at any Time heretofore been purchased, or which shall at any Time hereafter be purchased by or in Trust for Her Majesty, or which shall hereafter come to or devolve upon or vest in Her Majesty, or any Person or Persons in Trust for Her, for any Estate of Inheritance or Freehold, or for any Copyhold or Customary Estate, under or by virtue of any Deed, Gift, Will, or otherwise, for all or any Pare of such Estate, Right, and Interest, as Her Majesty, or such Person or Persons in Trust for Her, now hath or have, or shall or may have in any such Manors, Messuages, Lands, Tenements, and Hereditaments, and also by Her last Will and Testament in Writing to give and bequeath all such Chattels and Personal Estate whatsoever as aforesaid, unto any Person or Persons, and for any Intents and Purposes, and in any Manner She shall think fit, as fully and effectually, in all Respects, as She could or might grant, convey, alien, dispose of, give, devise, or bequeath the same if She were sole and unmarried.
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as also any Queen of this Realm during the joint Lives of the King and such Queen Consort.
Act not to enable Her Majesty or any Queen Comfort to dispose of any Palace, &c. belonging to the King in Right of the Crown, vested in Her for Life.
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IX. And be it further enacted, That it shall be lawful for any Queen for the Time being of this Realm, being the Consort of His Majesty, or any of His Successors, in like Manner, at any Time or Times during the joint Lives of the King and such Queen Consort for the Time being, by Deed under Her Hand and Seal, or by Her last Will and Testament in Writing, to be respectively executed, signed, published, and attested as aforesaid, to grant, convey, alien, dispose of, give or devise, any Manors, Messuages, Lands, Tenements, and Hereditaments, which shall be purchased by or in Trust for Her, or which shall come to or devolve upon or vest in Her, or any Person or Persons in Trust for Her, for any Estate of Inheritance of Freehold, or any Copyhold or Customary Estate, under and by virtue of any Deed, Gift, Will, or otherwise, for all or any Part of such Estate, Right, and Interest as She, or such Person or Persons in Trust for Her, shall have in any such Manors, Messuages, Lands, Tenements, or Hereditaments; and also by Her last Will and Testament in Writing to give and bequeath all such her Chattels, whether real or personal, and Personal Estate whatsoever, to any Person or Persons, and for any Intents and Purposes She shall think fit, as fully and effectually, in all Respects, as if She were sole and unmarried: Provided always, That nothing in this Act contained shall extended to enable Her Majesty, or any Queen Consort of this Realm, to make any Grant, Conveyance, or Disposition of any Palace, or capital Mansion House, Gardens, Lands, or Hereditaments belonging to His Majesty, or any of His Successors, in Right of the Crown, which now are or hereafter shall be vested in Her Majesty, or in any such Queen Consort, for Her Life, as and for Her Jointure or otherwise, under any Letters Patent of His Majesty, or any of His Successors, or by Act of Parliament, or to make any Grant, Conveyance, or Disposition, which Her Majesty and such Queen Consort could not make if sole and unmarried.
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Monies for the Privy Purse, or not appropriated to any Publick Service or Effects which shall not come to His Majesty, or to His Successors, in Right of the Crown, shall be deemed Personal Estate, and subject to Disposition by Will in Writing, and shall be liable to all Debts payable out of the Privy Purse.
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X. And whereas it is His Majesty’s most gracious Desire that all such Personal Estate and Effects as His Majesty shall be possessed of or entitled to at the Time of His Demise, and over which He shall have the full and absolute Power of Disposition by His last Will and Testament, should be subject and liable to the Payment of all such Debts of His Majesty as shall, during His Lifetime, be properly payable out of His Privy Purse: And whereas it is reasonable that all such Personal Estate and Effects as any of His Majesty’s Successors, Kings or Queens of this Realm, shall be possessed or entitled to in like Manner, should also be subject and liable to the like Charge; and it is expedient to fix and regulate what Personal Estate and Effects of His Majesty and His Successors are subject to such Testamentary Disposition, and in what Form such Disposition shall be made: Now therefore be it further enacted and declared, That all such Personal Estate of His Majesty and His Successors respectively, as shall consist of Monies which may be issued or applied for the Use of His or Their Privy Purse, or Monies not appropriated to any Publick Services, or Goods Chattels, or Effects which have not or shall not come to His Majesty, or shall not come to His Successors respectively, with or in Right of the Crown of this Realm, shall be deemed and taken to be Personal Estate and Effects of His Majesty and His Successors respectively, subject to Disposition by last Will and Testament; and that such at Will and Testament shall be in Writing, under the Sign Manual of His Majesty and His Successors respectively, or otherwise shall not be valid; and that all and singular the Personal Estate and Effects whereof or whereto His Majesty or any of His Successors shall be possessed or entitled at the Time of His and Their respective Demises, subject to such Testamentary Disposition as aforesaid, shall be liable to the Payment of all such Debts as shall be properly payable out of His or Their Privy. Purse, and that, subject thereto, the same Personal Estate and Effects of His Majesty and His Successors respectively, or so much thereof respectively as shall not be given or bequeathed, or disposed of as aforesaid, shall go in such and the same Manner on the Demise of His Majesty and His Successors respectively, as the same would have gone if this Act had not been made.
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Any Will made by His Majesty before the passing of this Act, to be valid.
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XI. And be it further enacted, That any Instrument in Writing made and executed by His Majesty before the passing of this Act, as and for His last Will and Testament, or a Codicil thereto in Manner and Form herein-before provided, shall be as effectual to dispose of the Property Real or Personal intended to be disposed of thereby, as if the same had been made after the passing of this Act.
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His Majesty, His Heirs and Successors, may direct the Execution of any Trusts, to which Lands becoming vested in Them in Right of the Crown would have been liable in the Lands of Subjects, etc.
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XII. And whereas divers Lands, Tenements, and Hereditaments have become and may hereafter become vested in His Majesty, His Heirs and Successors, by Escheat or otherwise, in Right of the Crown, which in the Hands of any of His Majesty’s Subjects would be chargeable with certain Trusts, or applicable to certain Purposes, and His Majesty, His Heirs or Successors, may be desirous that the same should be applied accordingly, notwithstanding any Right which He or They may have to hold the same discharged from such Trusts, or without applying the same to such Purposes; but by reason of the Provisions contained in the said Acts of the First Year of Her said late Majesty Queen Anne, and the Thirty-fourth Year of His Majesty’s Reign, Doubts may be raised whether His Majesty, His Heirs or Successors, can direct such Application thereof: And whereas divers Lands, Tenements, and Hereditaments, as well Free-hold as Copyhold, have escheated and may escheat to His Majesty, His Heirs or Successors, for Want of Heirs of the Persons last seised thereof or entitled thereto, or by reason of some Forfeiture, or otherwise, although not forfeited for Treason or Felony; and it is expedient to enable His Majesty to direct the Execution of any such Trusts or Purposes as aforesaid, and to make any Grants, of any such Manors, Lands, Tenements, or Hereditaments as aforesaid, notwithstanding the Provisions contained in the said recited Acts; be it enacted. That it shall be lawful for His Majesty, His Heirs and Successors, by Warrant under His or their Sign Manual, to direct the Execution of any Trusts or Purposes to which any Manors, Messuages, Lands, Tenements, or Hereditaments, which have escheated or shall escheat to His Majesty, His Heirs or Successors, shall have been liable at the Time the same so escheated respectively, or would have been liable in the Hands of any of His Majesty’s subjects, and to make any Grants of such Manors, Lands, Tenements, and Hereditaments respectively to any Trustee or Trustees, or otherwise, for the Execution of such Trusts, and to make any Grants of any Lands, Tenements, or Hereditaments which have escheated or shall escheat as aforesaid, to any Person or Persons either for the Purpose of restoring the same to any of the Family of the Person or Persons, whole Estates the same had been, or of rewarding any Persons or Person making Discovery of any such Escheat, as to His Majesty, His Heirs or Successors respectively, shall seem fit; any Thing in the said acts, or any of them, to the contrary notwithstanding.
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