Act of Parliament authorizing the administration of Elizabeth Kitchin's estate during her Lunacy


The copy of this Act was kindly sent to me by Raymond Mercier. Of particular interest (to me) is the listing of the estates of Sir Samwell Newman (page 1) and the description of the Old Palace Yard tenement on Page 2.

A transcript of the first page and a half of the Act has also been kindly supplied to me by Raymond and can be found at the bottom of this page.


Transcript of the first page and a half of the Act, supplied to me by Raymond Mercier

An ACT to Impower the Committee of the Estate of Elizabeth Kitchin, Widow, a Lunatick,
one of the Sisters and Co-heirs of Sir Samuel Newman, Baronet,
deceased, to make Leases of her Estate, during her Lunacy.

Whereas Sir Samuel Newman, Baronet, was, in his Life-time, and at the time of his Death, seised of and in a Messuage or Tenement, situate and being in the Old Palace-Yard, in the Parish of Saint Margaret's Westminster, in the County of Middlesex; and also of and in divers Messuages, Lands, Tenements, and Hereditaments, in the Parish of Preston Deanery, in the County of Northampton; and of and in certain Lands, called Evercreech Park, in the Parish of Evercreech, in the County of Somerset; and also of and in divers Messuages, Lands, Tenements, and Hereditaments, called Thornbury Park, in the County of Gloucester; and also of divers Messuages, Lands, Tenements, and Hereditaments, in the Parish of Fyshead Magdalen, in the County of Dorset, in Fee-simple, and was also seised of, or intitled to, divers other Lands, Tenements, and Hereditaments, in Fyshead Magdalen aforesaid, held by him, by virtue of, and under, a Lease or Leases made or granted to him, and his Heirs, by Right Reverend the Lord Bishop of Bristol, for Three Lives named therein; and was also possessed of a Leasehold Messuage in Palace-Yard aforesaid, by virtue of, and under, a Lease from the Dean and Chapter of the Collegiate Church of Westminster, for the Residue of a Term of years then to come, and unexpired :

And whereas the said Sir Samuel Newman die in the Month of June 1747, intestate, and without issue; and, upon his death, all his Freehold Estate descended and came to Frances Newman, Barbara Newman, and Elizabeth Kitchin (the then Wife of William Kitchin), his Three Sisters, and Co-heirs at Law, as Coparceners, in equal Shares and Proportions; and the said Frances Newman, since the Death of the said Sir Samuel Newman her Brother, obtained Letters of Administration of his Personal Estate and Effects; and thereby the legal Estate, and Interest of and in the said Leasehold House in Palace-Yard, came unto, and vested in her, for the Residue of the Term granted by the said former Lease, then to come; since which a new Lease hath been granted, by the said Dean and Chapter of Westminster, of the said House and Premises, for a Term of Thirty-five Years, commencing from Lady-Day, 1747; which is now likewise vested in her the said Frances Newman, for the benefit of herself, and of the said Barbara Newman, and Elizabeth Kitchin, her said two Sisters, in equal shares and Proportions :

And whereas the said William Kitchin died in the Month of June 1753, without leaving any Issue by the said Elizabeth Kitchin :

And whereas the said Elizabeth Kitchin had the Misfortune to become disordered in her Mind; and, by Inquisition taken on the 26th Day of June last, by virtue of a Commission under the Great Seal of Great Britain, the said Elizabeth Kitchin was found to be a Lunatick, and to have been so for the Space of Fifteen Years then last; and the Custody of the Person of the said Elizabeth Kitchin the Lunatick, by virtue of a Grant under the Great Seal of Great Britain, hath been committed to the said Barbara Newman; and the Care and Management of the said Lunatick's Estate hath been granted to the said Frances Newman:

And whereas the said Freehold Messuage or Tenement, in the said Parish of Saint Margaret, Westminster, is in such a decayed and ruinous State and Condition, that it will be absolutely necessary to pull down, rebuild, or substantially repair, the same: But it is apprehended, that no Person will take a Lease thereof, for the Purpose aforesaid, without having a long Term of Years granted of the said Premises :

And whereas great Part of the said Estates, in the Counties of Somerset and Dorset, have been usually demised and demiseable, and are now in Lease for Lives, or for Years determinable on Deaths; and the said Frances Newman and Barbara Newman are satisfied and convinced, that it will be greatly for the Benefit if themselves, and of the said Elizabeth Kitchin, their Sister, and tend to the Preservation and Improvement of their Estate, that the said Course and Method of leasing such Part of the said Estates as are lying in the Counties of Somerset and Dorset, should be continued, and kept up; and that Leases may be, from time to time, granted of other Parts of the said Freehold Estates descended to them; and also of the said Leasehold House, before-mentioned, at improved yearly rents, or otherwise, as herein after-mentioned; But, by reason of the Lunacy of the said Elizabeth Kitchin, and of her Title to One individual Third Part of the said Premises, no such Leases, as aforesaid, can be effectually made, without the Aid and Authority of an Act Parliament:

Therefore Your Majesty's most Dutiful and Loyal Subjects the said Frances Newman, and Barbara Newman, do most humbly beseech Your most Excellent Majesty, that it may be Enacted; And be it Enacted, by the King's most Excellent Majesty, by and with Advice and Consent of the Lords Spiritual and Temporal, and Commons, in the present Parliament assembed, and by the authority of the same,

..........

[Details of the property to be administered.]

1754 27 George II, Private Acts, Chapter 7.


Page created 4th Mar 2003 - last updated 23 Nov 2003