The Altamont (Amendment of Deed of Trust) Act, 1993

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Number 1 (Private) of 1993

THE ALTAMONT (AMENDMENT OF DEED OF TRUST) ACT, 1993

PREAMBLE

ARRANGEMENT OF SECTIONS

Number 1 (Private) of 1993

THE ALTAMONT (AMENDMENT OF DEED OF TRUST) ACT, 1993

AN ACT TO AMEND THE PROVISIONS OF AN INDENTURE OF CONVEYANCE IN TRUST DATED THE THIRD DAY OF OCTOBER, ONE THOUSAND NINE HUNDRED AND SIXTY-THREE AND MADE BETWEEN THE HONOURABLE JEREMY ULICK BROWNE, COMMONLY CALLED LORD ALTAMONT (THEREIN AND HEREINAFTER CALLED “THE SETTLOR”) OF THE ONE PART AND RICHARD MICHAEL RITCHIE AND ANTHONY GOS-SELIN TROWER (THEREIN CALLED “THE TRUSTEES”) OF THE OTHER PART WHEREBY THE HEREDITAMENTS AND PREMISES DESCRIBED IN THE FIRST AND SECOND SCHEDULES TO THE SAID INDENTURE WERE GRANTED AND CONVEYED BY THE SETTLOR TO THE TRUSTEES TO HOLD THE SAME UPON THE TRUSTS SET OUT IN THE SAID INDENTURE OF CONVEYANCE AND SUBJECT TO THE POWERS AND PROVISIONS CONTAINED THEREIN. [1st March, 1993]

Preamble

WHEREAS by Indenture of Conveyance in Trust dated the 3rd day of October, One Thousand Nine Hundred and Sixty-Three and made between the Honourable Jeremy Ulick Browne, commonly called Lord Altamont, (therein called “the Settlor”) of the One Part and Richard Michael Ritchie and Anthony Gosselin Trower (therein called “the Trustees”) of the Other Part, the said Honourable Jeremy Ulick Browne granted and conveyed unto the said Richard Michael Ritchie and Anthony Gosselin Trower the hereditaments and premises described in the First and Second Schedules to the said Indenture of Conveyance in Trust to hold the same unto the Trustees in Fee Simple subject to the charges in such Schedules respectively set out and as to the hereditaments described in the Second Schedule thereto to the Estate therein of Lord Sligo during his life and the said power annexed thereto to create a jointure rent charge and as to all the said hereditaments to the uses upon the trusts and with and subject to the powers and provisions thereinafter declared of and concerning the same that is to say: to the use of the Trustees for the term of one thousand years from the date of those Presents without impeachment of waste upon the trusts thereinafter declared concerning the same and subject thereto; to the use of the Settlor and his Assigns during his life without impeachment of waste and from and after his death to the use of his first and other sons severally and successively according to seniority in tail male with remainder to the use of the right heirs of the Settlor forever.

AND WHEREAS the hereditaments and premises described in the First Schedule to the said Indenture of Conveyance in Trust were as follows: (1) one undivided moiety of and in ALL THAT AND THOSE the Mansion House known as Westport House in the Barony of Murrisk and County of Mayo with the pleasure grounds and lands adjoining thereto containing one hundred and forty-six acres 0 roods and twenty perches or thereabouts statute measure as more particularly shown on the map annexed thereto and thereon edged red, being part of the lands comprised in Folio 5616 of the Register County of Mayo subject in conjunction with the other moiety thereof to and with the benefit of a Lease dated the 2nd day of October, One Thousand Nine Hundred and Sixty-Three and made between Lord Sligo and the Settlor of the One Part and Westport House Limited of the Other Part; (2) ALL THAT AND THOSE the several fishery known as Delphi comprising the lands hereditaments and fishing rights registered in Folio 47282 of the Register County of Mayo and that part of the fishing rights registered in Folio 145 of the Register County of Mayo as is included in a Transfer dated the 27th day of September, One Thousand Nine Hundred and Sixty-Three from Lord Sligo to the Settlor and all other the estate and interest of the Settlor in the Fishery and fishing rights in tidal waters which said Fishery and fishing rights are attached to the Delphi Fishery in the Barony of Murrisk and County of Mayo subject to a charge dated the 28th day of September, One Thousand Nine Hundred and Sixty-Three and made between the Settlor of the One Part and Richard Michael Ritchie and Anthony Trower and Jasper More of the other Part to secure repayment of the sum of Sixteen Thousand Pounds with Interest.

AND WHEREAS the hereditaments and premises described in the Second Schedule to the said Indenture of Conveyance in Trust were as follows: (1) the remaining undivided moiety of the hereditaments and premises more particularly set out at Item One in the First Schedule thereto and subject as therein; (2) all other the lands hereditaments and premises registered in Folios 5616, 5617, 5618, 3S, 4S, 5S, 6S and 14S of the Register County of Mayo and all other the lands premises and hereditaments subject to the trusts of the Re-Settlement therein recited (other than the portions thereof set out in the First Schedule thereto) subject to (i) a Charge dated the 8th day of July One Thousand Nine Hundred and Fifty-Eight from Lord Sligo and the Trustees to the Guardian Assurance Company Limited to secure repayment of Twelve Thousand Five Hundred Pounds with interest (this Charge is registered as a burden on Folios 5616, 5S and 6S of the Register County of Mayo) and (ii) all amounts due and owing by the Trustees at the date thereof whether in respect of payment made on their behalf or otherwise; (3) Such part (if any) of the estate of the Eighth Marquess of Sligo deceased as may be received by the Trustees after the date thereof.

AND WHEREAS the said Indenture of Conveyance in Trust further provided that the said Honourable Jeremy Ulick Browne was seised of the hereditaments and premises described in the First Schedule thereto for an Estate of inheritance in Fee Simple in possession subject as therein but otherwise free from encumbrances.

AND WHEREAS the said Indenture of Conveyance in Trust further provided that the said Honourable Jeremy Ulick Browne was also seised of the hereditaments and premises described in the Second Schedule thereto for an Estate of inheritance in Fee Simple in remainder expectant on the death of his father, the most Honourable Denis Edward, Tenth Marquess of Sligo (therein called “Lord Sligo”) subject as therein and to the power conferred on Lord Sligo by a Re-Settlement (therein called “the Re-Settlement”) dated the 20th day of July, One Thousand Nine Hundred and Twenty and made between the most Honourable George Ulick, Sixth Marquess of Sligo and the Honourable Ulick de Burgh Browne of the First Part, the Honourable Sir Arthur Howe Browne of the Second Part and the said Honourable Sir Arthur Howe Browne and Sir Robert Blosse Lynch of the Third Part to appoint the yearly sum of One Thousand Pounds to his surviving widow for her life but otherwise free from encumbrances.

AND WHEREAS the said Honourable Jeremy Ulick Browne inter-married with Jennifer June Cooper and there were born of the said marriage five children and no more, namely Sheelyn Browne, Karen Browne, Lucinda Browne, Clare Browne and Alannah Browne.

AND WHEREAS the said Honourable Jeremy Ulick Browne by Deed Poll dated the 17th day of April, One Thousand Nine Hundred and Eighty-Six (enrolled in the Central Office of the High Court on the 18th day of April, One Thousand Nine Hundred and Eighty-Six) changed his name to Jeremy Ulick Browne Altamont.

AND WHEREAS by Deed of Appointment of New Trustees dated the 2nd day of April, One Thousand Nine Hundred and Seventy the Governor and Company of the Bank of Ireland and Bank of Ireland Nominees Limited were appointed Trustees for the purposes of the said Indenture of Conveyance in Trust and Richard Michael Ritchie and Anthony Gosselin Trower retired as Trustees of such trust.

AND WHEREAS certain of the properties described in the First and the Second Schedules have been sold and other properties and/or securities and investments substituted therefor.

AND WHEREAS the said Indenture of Conveyance in Trust does not contain any power of revocation which can be exercised by the said Honourable Jeremy Ulick Browne Altamont.

AND WHEREAS the said Honourable Jeremy Ulick Browne Altamont for the purposes of the better management and utilisation of the hereditaments and premises described in the First and Second Schedules to the said Indenture of Conveyance in Trust is now desirous of amending the provisions of the said Indenture of Conveyance in Trust to include a power of appointment during the lifetime of the Settlor and a power to withdraw the whole or any part of the property described in the First or the Second Schedule to the said Indenture of Conveyance in Trust or any property substituted therefor from the provisions of the trusts created by the said Deed.

AND WHEREAS the purposes aforesaid cannot be effected without the authority of the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS: