Mackenzie’s Trust Act 24 Vic (NSW)

MACKENZIE's 'TRUSTEES,

Preamble reciting settlement.

An Act to confer powers to sell and grant Build- ing Leases upon the Trustees of the Marriage Settlement of William Henry Mackenzie and Helen his wife. [9th May, 1861.]

HEREAS by an indenture bearing date the thirty-first day of March one thousand eight hundred and thirty-two and made between William Henry Mackenzie then and therein described as of Sydney in the Colony of New South Wales (but now of Melbourne in the Colony of Victoria) Esquire of the first part Helen Hawkins then of Bathurst in the said Colony spinster now the wife of the said William Henry Mackenzie of the second part and John Piper Mac- kenzie then and therein described as of Bathurst aforesaid (but now of

Sydney aforesaid) Esquire and George Cox then and now of Mulgoa in the

1861. 24° VIC.

Mackenzie' sT% ~ustees.

the said Colony Esquire of the third part a certain parcel of land containing one acre one rood and twenty-one perches situate on the Surry [fills in Sydney aforesaid therein particularly deseribed was in consideration of 'the marriage then intended between the said William ILenry Mackenzie and his said wife conv eyed to the said John Piper Mackenzie and George Cox and their heirs to the use (after the said marriage) of the said William L[enry Mackenzic and his assigns for his live and thereafter (with a provision tor supporting contingent remainder) for the use of the child or children of the said marriage his her and their heirs and assigns and if more than one in such shares and proportion and in such manner as the said William T[enry Mackenzic and Ifeclen his wife or in default of joint appointment as the survivor should as therein mentioned appoint and in default of any appointment to the use of such child or children and his her or their respective heirs and assigns equally between them if more than one as tenants in common with benefit of survivorship in case of the death of any or cither of them under the age of twenty-one years and with "the ultimate remainder to the use of the said William Henry Mackenzie his heirs and assigns for ever And whereas the buildings hitherto erected on {he land' occupy a small portion thereof only and are old and dilapi- dated and yield only a small rental which is "greatly reduced as income by the cost of necessary repairs And w hereas the whole of the said land is of considerable' value as a site for building and it would be greatly for the advantage of all parties bencficially interested under the said settlement that the Trustees thereof when and as convenient opportunity shall offer and with such consent as hereinafter provided should be empowered to realize such value either in purchase money