Hamilton's Trust Act 22 Vic (NSW)

Hamuzton's Trus-

TEES. An Act torenable the Trustees of the Settlement made on the Marriage of Hugh Hamilton with Margaret Clunes Innes to sell part of the Trust Property and invest the proceeds of sale on real Securities. [15th August, 1858. ]

THEREAS by an indenture bearing date the twenty-second day of August one thousand cight hundred and fifty-three and made between Hugh Hamilton of the district of Lachlan in the Colony of New South Wales Esquire of the first. part Margaret Clunes Innes of Parramatta in the county of Cumberland in the same Colony spinster

of

Preamble.

1858. 22° VIC.

Hamilton's Trustees.

of the second part and George Macleay of Brownlow Hill in the county of Camden in the same Colony and John Stirling of Mossman's Bay in the said county of Cumberland Esquires of the third part after reciting among other things that a marriage was intended shortly to be solemnized between the said ilugh Hamilton and Margaret Clunes Innes the said Hugh Hamilton did assign transfer and set over

unto the said George Macleay and John Stirling and the survivor of

them bis executors and administrators among other things five hundred head of cattle and five brood mares then depasturing at Tommanbil Boyde in the district of Lachlan in the said Colony of New South Wales being all then the property of and in the possession of the said Hugh Hamilton together with all the inerease progeny produce profits benefits and advantages of and from the said cattle and mares from time to time respectively arising and accruing upon trust from time to time and at any time or 'times to sell exchange or otherwise dispose of such and so many of the said cattle and of the said brood mares respectively and of the increase progeny and produce thereof respectively as to them should seem most expedicnt and for the benefit of the persons interested under the trusts therein expressed and declared but so nevertheless as to maintain as nearly as may be during the continuance of all or any of the said trusts the same number of' brood mares as aforesaid and a number of cattle equal to the number thereof thereby assigned or a proportionate number according to the trusts from time to time subsisting and from time to time at proper and convenient seasons of the year by public sale or otherwise to convert into money the excess of such cattle and the increase progeny and produce thereof over and above such full and propor- tionate number as the case may be whether of cattle or brood mares and out of such money and all or any other the proceeds from time to time coming to their hands by way of profits or otherwise of the said cattle or their increase and progeny or the increase and progeny of any such mares to supply any deficiency which may occur by