Roberts' Trust Act of 1869 33 Vic (NSW)

* Ronenrs' Tavs" An Act to enable the Trustees of the Will of

Preamble.

Joseph Roberts deceased to sell certain Trust Real Estate and divide the proceeds of sale. [13th November, 1869. ]

HTEREAS Joseph Roberts late of Concord near the City of Sydney in the Colony of New South Wales duly made his last

Will and Testament bearing' date the twenty-sixth day of April one thousand eight hundred and forty-nine by which the said Testator after certain specific devises and bequests gave devised and bequeathed unto his wife Martha Roberts and his brother James Roberts their heirs executors administrators and assigns all the rest residue and remainder of his the said Testator's real and personal estate upon trust to be equally divided between all his the said Testator's children by his wife Martha living at his death or born in due time afterwards share and share alike as tenants in common their heirs and assigns for ever the shares of such as were girls to vest at the age of twenty-one years or marriage with the consent of his the said Testator's Trustees and Executors for the time being and to be settled to their respective use and not to be anticipated or made liable to the debts control or inter- ference of any husband with whom she might intermarry And the

shares

1869. dd VIC. 2

Roberts' Trust.

shares of such as were sons to vest at the age of tw enty-one years and in case of any one or more of his the said Testat or's said children dying under the age of twenty-one years and without issue the shares or share of such child or children was to go to the surviving child or children in the same manner as their her or his original share or shares And whereas the said Testator died on the seventh day of May one thousand. eight hundred and forty-nine without having in any way revoked or altered his said Will which was duly proved in the Supreme Court in its Ecclesiastical Jurisdiction on the thirtieth day of May one thousand eight hundred and forty-nine And whereas all the said children of the said Testator have attained the said age of twenty-one years and certain of the said Testator's daughters are married 'And whereas in conse- quence of the said daughters of the said Testator being married and for the purpose of the better making the division of the said Testator's residuary real estate it is advisable that such residuary real estate should be sold And whereas all the parties entitled to and interested in the said Testator's said residuary real estate are desirous that the same should be sold and the proceeds equally divided among the said Testator's said children being so as aforesaid entitled to and 'interested in the said residuary real estate And whereas the Trustees of the said Testator's said Will have no power to sell the said residuary real estate and the said parties entitled thereto are desirous that the said Trustees should have such power And whereas it is advisable and the said Testator's said married daughters and their husbands respectively desire that such said daughters respective shares of and in the moneys to arise from the sale of the said residuary real estate of the said Testator and the stocks funds and securities in or into which the same may respectively be invested or transferred should be held and be upon the trusts hereafter with respect to the same provided and declared And whereas an Act of the Legislature is necessary for carrying out the said desire and purposes 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 :—