Mrs. Mann's Trust Act 21 Vic (NSW)

An Act to enable Charles Boydell or the Trustees or Trustee for the time being under a certain Indenture of Settlement bearing date the second day of January one thousand eight hundred and_ thirty-eight made between James Mitchell and Georgina Hely of the first part Gother Kerr Mann of the second part and Mary Hely of the third part and Robert Scott and Charles Boydell of the fourth part to sell and dispose of certain Lands mentioned and referred to in the said Settlement and to invest the Money to arise from such sale in Government or real Securi- ties upon the Trusts of the said Settlement. [15th December, 1857.]

ITEREAS one Frederick Augustus Hely now deceased did on

the third day of December one thousand cight hundred and

thirty being then seized in fee of the lands messuage hereditaments and premises hereinafter mentioned and referred to duly make his last will and testament and thereby after bequeathing as therein mentioned gave devised and bequeathed all and singular other his property whether real or personal unto James Mitchell and Robert Futter (in the said will described) their heirs exccutors and administrators upon trust to pay the rents issues and profits thereof to Georgina Lely his wife until some or one of his children being a son should have attained the age of twenty-one years or being a daughter should have attained that age or be married with the consent of his said wife and from and after the happening of either of the two last-mcntioned events then as to two full third parts of the value of his said property both real and personal (the whole into three parts being divided) in trust to pay and transfer one-fifth sharc of the said two full third parts unto and for the

use

Mrs. Mann's 'TRUSTEE,

Preamble.

21° VIC. 1857.

Mrs. Manws Trustee.

use of each of his five children on attaining the age of twenty-one years or being married with such consent as aforesaid if a daughter And whereas subject to the life interest of the said Georgina Hely in the remaining one-third part of the said real and personal estate the same is by the testator's said will limited and made payable to and amongst the said five children of the said Frederick Augustus Hely and Georgina his wife in the same manner and proportions as are limited and devised as to the said two full third parts of the said property And whereas the said Frederick Augustus Hely duly made and published a codicil to his said will bearing date on or about the thirtieth day of November one thousand eight hundred and thirty-five and thereby devised to the said Georgina Hely for her life all that messuage called Engehurst and also all those nine acres of land more or less whercon the same is built and which is situated on the north side of the South Head Road with remainder to the said James Mitchell and Robert Futter their heirs and assigns upon the same trusts and for the same ends and purposes as are in the said will mentioned limited and appointed with respect to the rest of his real and personal property And whereas the said Frederick Augustus Hely departed this life some time in the month of September one thousand eight hundred and thirty-six without having revoked or altered his said will execpt by his said codicil And whereas the said Robert Futter disclaimed and refused to act under the trusts of the said will and codicil And whereas the said testator left five children him surviving that is to say Mary Johanna Hely (now Mary Johanna Mann) Georgina Fanny IIcly (now Georgina Fanny Strickland) Tlovenden Hely Gertrude Jane Hely (now Gertrude Jane Drew) and Henry Lindsey Wely And whereas by a certain indenture of settlement bearing date the second day of January one thousand eight hundred and thirty-cight and made between James Mitchell and the said Georgina Iely of the first part Gother Kerr Mann of the second part the said Mary Johanna Hely (therein described as Mary Iely) of the third part and Robert Scott and Charles Boydell of the fourth part (after reciting that upon a treaty for a marriage between the said Gother Kerr Mann and the said Mary Hely it was agreed that the whole of the real and personal property to which the said Mary Ifely was entitled under the will of her said father should be settled upon her for life with remainder to the said Gother Kerr Mann her intended husband for his life with remainder to the issue of the said intended marriage in equal shares and after further reciting that the said Mary Hely as onc of the five children of the said Frederick and Georgina Hely was entitled to one-fifth part of two undivided parts of the real and personal property of her said father deceased) the said James Mitchell at the request of the said Mary Johanna Hely and Gother Kerr Mann and with the consent of the said Georgina Hely granted assigned and transferred unto the said Robert Scott and Charles Boydell their heirs executors administrators and assigns All that one undivided equal fifth part or share of and in all the real and personal property of the said Frederick Augustus Hely deceased devised and bequeathed by his will to the said James Mitchell and Robert Futter as afore- said (subject nevertheless to the said life interest of the said Georgina Hely therein) upon the trusts in the said indenture of settlement particularly mentioned And whereas the said intended marriage was afterwards duly had and solemnized with the consent of the said Georgina Hely and there is issue of the said marriage nine children that is to say Gother Frederick Georgina Alice Mary Caroline Fanny Maria Theresa Elsie Leslie Gordon Kate Emily Ellen Reginald Fyers and Gertrude Bessie infants under the age of twenty-one years And whereas by an indenture of partition bearing date the third day of January one thousand cight hundred and forty-eight and made between the