Gibson’s Estate Act 26 Vic (NSW)

26° VIC. 1862.

Gibson's Estate.

Gmsov's Esra, At) Act to enable the Trustees of a Settlement

Preamble.

made by John Dicksen Gibson and Catherine Anne Leary of Land in the City of Sydney to sell the said Land and to make provision for

the investment of the proceeds of the sale thereof. [7th November, 1862.]

HEREAS by an indenture bearing date on or about the eleventh day of October in the year of our Lord one thousand eight hundred and fifty-four and made between John Dickson Gibson of the first part Catherine Anne Leary of the second part and Andrew Lenehan Richard Harnett and Edward Wyld (therein styled Trustees) of the third part reciting amongst other things an intended marriage between the said John Dickson Gibson and Catherine Anne Leary and an agreement for the settlement of the conditions therein mentioned in manner thereinafter appearing it is witnessed that in consideration of the said intended marriage and in pursuance of the said agreement the said Catherine Anne Leary with the privity and consent of the said John Dickson Gibson her intended husband and in pursuance of the power and authority to her reserved in and by a certain indenture bearing date the ninth day of August in the year of our Lord one thousand eight hundred and fifty-two and made between Daniel Joseph Tierney and Andrew Lenehan of the first part George Leary of the second part the said Catherine Anne Leary of the third part and John Dunsmure of the fourth part and by virtue of every other power and authority her in anywise enabling in that behalf appointed and released the lands hereditaments and premises comprised in the said indenture of the ninth day of August one thousand eight hundred and fifty-two and in the now reciting indenture of settlement also described or referred to unto the said trustees and their heirs for ever upon certain trusts in the said indenture of settlement expressed for the benefit of the said Catherine Anne Leary and John Dickson Gibson or the sur- vivor of them and the children of the said intended marriage And whereas the said John Dickson Gibson duly intermarried with the said Catherine Anne Leary and the said John Dickson Gibson departed this life on or about the fifth day of September in the year of our Lord one thousand eight hundred and. sixty-one leaving behind him the said Catherine Anne Gibson (late Catherine Anne Leary) and issue of the. said marriage him surviving And whereas the said Edward Wyld has never in any way acted or intermeddled in the trusts of the said settle- ment And whereas the said indenture contains no power for the trustee or trustees therein named or thereby appointed to sell the said land And whereas the buildings on the said land are very old and from time to time require great outlay and expenditure to keep them in tenantable repair And whereas it is considered that if authority can be obtained for the sale of such land the proceeds of the sale thereof may from time to time be advantageously invested in the purchase of other lands in New South Wales or upon real or Government security therein And whereas the said Catherine Anne Gibson is desirous that the said lands should be sold and the proceeds thereof invested as aforesaid Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by "the authority of the same as follows :—