Thomson's Marriage Settlement Act 1849 13 Vic (NSW)

mass An Act for defining the powers of the Trustees or

Senmuenese Trustee for the time being of the Settlement made on the Marriage of the Honorable Edward Deas Thomson with Anne Maria his wife and for giving better effect to Sales and Exchanges made and to be made pursuant thereto and for other purposes. [24th Sep- tember, 1849. ]

Preamble. TLEREAS by an indenture bearing date on or about the seven- teenth day of September one thousand cight hundred and thirty-three made between Richard Bourke a Major-General in the British Army and Governor-in-Chief of the territory of New South Wales of the first part Edward Deas Thomson Esquire of the second part Anne Maria Bourke daughter of the said Richard Bourke of the ; third

1849. 13° VIC.

Thoison's Marriage Settlement.

third part and the Tonovable William Westbrooke Burton one of the Judges of the Supreme Court of New South Wales and George Macleay Esquire of the fourth part (being a settlement made in contemplation of a marriage then intended and afterwards had and solemnized between the said Edward Deas Thomson and Anne Maria Bourke) certain lands and hereditaments were conveyed and assured unto the said William Westbrooke Burton and George Macleay and their heirs to the uses upon the trusts and for the intents and purposes thereby declared And whereas by the said indenture certain powers of sale and exchange and other powers and authorities are conferred upon the said William Westbrooke Burton and George Macleay and the survivor of them and the hcirs of the survivor And whereas Dy the same indenture it is provided that in case the said William West- brooke Burton and George Macleay or any future Trustee should dic or be desirous of being discharged from the trusts thereby created or should neglect or refuse to act in the said trusts at any "time hefore they should be fully performed it should be lawful for the said Edward Deas Thomson and Anne Maria Bourke and for the survivor of them and the heirs and executors of such survivor with the consent of the surviving or continuing Trustee to nominate or appoint any other person to be a Trustee or Trustees in the place and stead of them the said William Westbrooke Burton and George Macleay or cither of them or such future Trustee or Trustecs as should happen to dic or be desirous of being discharged from or neglect or refuse to act in the trusts afore- said and upon such nomination or appointment that the 'Trustees or Trustee for the time being or the heirs or executors of the surviving Trustee should release convey surrender transfer and assure all and singular the said trust. estate in such manner as that the same might be vested in the surviving or continuing Trustee or Trustees and the person or persons who should be appointed to be a new 'Trustce or Trustecs upon the same trusts and for the same purposes as are in the said settlement mentioned and declared of and conecrning the same or to for and upon such of the uses trusts intents and purposes as according to the event and existence of persons should be then subsisting or