Redfern Estate Trust Act 1847 11 Vic (NSW)

RepFern Estate 'Trust.

Preamble.

An Act to appoint John Alexander to be the Trustee of certain Indentures of Lease and Release by way of Settlement bearing date respectively the second and third days of August one thousand eight hundred and

forty-two and for other purposes therein mentioned. [2nd October, 1847.]

HEREAS by indentures of lease and release by way of settle- ment bearing date respectively the second and third days of August one thousand eight hundred and forty-two and made between William Lachlan Macquarie Redfern Esquire of the first part James Alexander Esquire and Sarah Alexander his wife of the second part and John Alexander of Sydney in the Colony aforesaid merchant and John Betts and David Wallace merchants of the third part all that parcel of land containing one hundred acres more or less situated in Sydney in the Colony aforesaid bounded on the north by a west line of thirty chains commencing at the south-west corner of the Surry Hill Farm on the west by a south line of thirty-four chains on the south by an east line of thirty chains and on the east by a north line of thirty- four chains passing through the swamp and which said parcel of land is known as the Redfern Estate was together with other property conveyed and assured unto and to the use of the said John Alexander John Betts and

1847. 11° VIC. 131 Redfern Estate Trust.

and David Wallace their heirs and assigns upon and for the trusts ends intents and purposes and with under and subject to the powers provisocs agreements and declarations therein mentioned expressed and contained of and conecrning the same And whereas by an indenture bearing date the twenty-second day of February one thousand cight hundred and forty-three indorsed on the said last hereinbefore in part recited indenture of the third day of August one thousand cight hundred and forty-two and made between the said John Alexander and David Wallace of the one part and the said John Betts of the other part the said John Alexander and David Wallace did irrevocably disclaim unto the said John Betts all the lands and hereditaments granted and conveyed by the hereinbefore in part recited indentures of scttlement to them in conjunction with the said John Betts together with the conveyance thereof respectively made as aforesaid by the same indentures of settlement and all the trusts powers and authorities whatsoever by the same indentures given to or vested in them the said John Alexander and David Wallace in conjunction with the said John Betts as aforesaid upon or over the same hereditaments And whereas portions of the said lands and hereditaments have been sold under the trusts of the said indentures of settlement And whereas the said John Betts departed this life on the first day of September one thousanc eight hundred and forty-six leaving an infant heir him surviving And whereas there now remains no trustee of the said indentures of settle ment and no sufficient power in the said indentures of settlement to appoint a new trustee or trustees in the place of the said trustees anc trustee who have so disclaimed and who has so died as aforesaid Anc whereas from the nature of the trusts of the said indentures of scttle- ment no trustce can be appointed by the Supreme Court of the saic Colony who could perform the trusts of the said indentures of settle ment And whereas it would be greatly for the benefit of the persons interested under the said indentures of settlement to have a trustee appointed to carry out the trusts of the said indentures of settlemen and such persons are desirous that the said John Alexander should be