Harriot Betts’ Trustees Act 1855 19 Vic (NSW)

An Act to enable John Bell Metcalfe and William, "ger ners Teale the Trustees under a certain Indenture of Settlement dated the third of January one thousand eight hundred and forty-cight made between Harriot Betts of the one part and Michael Metcalfe and Charles Lowe of the other part to sell certain Lands at the xlebe near the City of Sydney and to invest the money to arise from such sale upon the Trusts of the said Settlement. [18th November, 1855.]

V WEREAS by an indenture bearing date the third day of Preamble. January one thousand eight hundred and forty-cight Harriot Betts the younger of the Glebe near the city of Sydney in the Colony of New South Wales spinster being scized in fee (subject to the life estate therein) of her mother Iarriot Betts widow of the land messuage and hereditaments hereinafter mentioned and referred to granted released and assured unto Michael Metcalfe and Charles Lowe both of Sydney aforesaid therein described four acres of land in the parish of Petersham in the Colony aforesaid with the messuage thereon. erected called " Kew Cottage" with the outbuildings and premises thereto belonging and in the Schedule to this Act parti- cularly described upon trust to pay the rents and profits of the said land messuage and hereditaments to or to permit the said land messuage and hereditaments to be occupied by the said Harriot Betts the younger rent free for her life for her sole and separate use and after her decease upon trust that the said Trustces should sell the said land messuage and hereditaments in manner therein men- tioned for such price as they should think reasonable and the said TLarriot

Trustees to sell and to convey.

19 VIC. 1855.

Harriot Betis' Trustees.

Harriot Betts the younger thereby directed that the said Trustces should stand possessed of the moneys to arise from such sale in trust for her nephews and nieces thereinafter named that is to say Harriot Betts George Panton Betts Maria Bowman Betts Margaret Louisa Betts Clara Leonora Betts and John James Arbouin Betts the six children of John Betts deceased the brother of the said Harriot Betts and Edward Nisbett Arbouin Betts the only child of Edward Dent Betts deceased another brother of the said Harriot Betts in equal shares and proportions as tenants in common with benefit of survivor- ship as in the said indenture is mentioned And whereas the said Harriot Betts the mother of the said Harriot Betts the younger and the said Edward Nisbett Arbouin Betts her said nephew have departed this life And whereas the said four acres of land messuage and hereditaments have become of considerable value and highly advan- tageous offers to purchase parts thereof fronting to the waters of Port Jackson have been made to the said Harriot Betts and the said Trustees but inasmuch as such Trustees have no power to sell until after the death of the said Harriot Betts the younger and doubts exist whether the said Harriot Betts has power to revoke the said recited indenture of settlement and to execute valid conveyances to purchasers of the said four acres of land messuage and heredita- ments therein comprised and it would be highly beneficial as well to the said Harviot Betts as to the cestuique trusts in the said settlement named if the Trustees thereof were authorized and em- powered to sell and dispose of either the whole of the said land messuage and hereditaments or such part thereof as with the con- sent of the said Harriot Betts the younger it might be deemed expedient to sell And whercas by an order of the Supreme Court of the said Colony dated the twenty-second day of September in the ycar one thousand eight hundred and fifty-five it was ordered that the said John Bell Metcalfe and William Teale be appointed 'I'rustees of the said indenture of settlement of the third day of January one thousand cight hundred and forty-eight in the place and stead of the said Michael Metcalfe and Charles Lowe and that the real and personal property comprised in the said indenture of settlement mentioned be and the same is thereby vested in the said John Bell Metcalfe and William Teale their heirs executors administrators and assigns as joint tenants according to the nature of the property upon the trusts and for the intents and purposes of the said indenture of scttlement Be it there- fore enacted by Mis Execllency the Governor General of New South Wales by and with the advice and consent of the Legislative Council thereof as follows—