Isler's Estate Act 36 Vic (NSW)

An Act to enable the Trustees of the Will of '"s 2"

Henry Isler deceased to sell certain lands situate at Gladesville on the Parramatta River near Sydney being part of the real estate of the said Henry Isler and to invest the money to arise from such sale for the benefit of the parties severally interested in the said real estate under the said Will. [25th April, 1873. ]

\ TIEREAS Henry Isler late of Gladesville on the Parramatta Preamble. River near Sydney deceased by his last will and testament bearing date the twenty-second day of August one thousand cight hundred and sixty-three after appointing John Dawson of Sydney solicitor his wife Jane Isler and his son Ienry Isler Trustees and executors of his said will gave and bequeathed unto them all his personal estate and property wheresoever the same might be upon

trust as therein mentioned to convert such portion thereof as should

36° VIC. 1873.

Isler's Estate.

should not consist of money or Bank or insurance shares into money and after payment thereout of all his just debts and funeral and testamentary expenses to invest the same in such Government real or other securities as his said Trustees should deem most advisable and during the minority of his children to pay and apply the income derivable from such investments and from such portion of his estate as at the time of his death consisted of Bank or insurance shares towards the maintenance and support of his said wife (so long as she should remain his widow) such part or parts thereof as should be deemed necessary to the support maintenance education and advance- ment in life of his children in equal shares and proportions and upon arrival at age of the youngest of his said children or such youngest being a female being married with the consent of the guardian of his said children for the time being then upon trust to divide such investments Bank and insurance shares and premises amongst his said wife and children equally the shares of his daughters thereof to be for their sole separate and individual use and benefit and also gave and devised the real estate of which he should die seized of or entitled to unto his said Trustees and their heirs and assigns upon trust during the minority of his said children to pay and apply the rents issues and profits thereof in the same manner and upon and for the like trusts intents and purposes as were by his said will declared with respect to the application of the interests dividends and profits to arise from his personal estate and on the arrival of his youngest of his said children at the age of twenty-one years or being a female being married such consent as aforesaid upon trust to convey his said real estate to his said wife (if she should so long continue his widow) and his said children share and share alike as tenants in common And the said Henry Isler declared that if his said wife should again marry she should forfeit all interest she took under his said will And the said Henry Isler em- powered his said Trustees or Trustee at any time during the minority of any of his said children to sell and dispose of any unproductive part of his said real estate and directed that the proceeds derivable there- from should be invested in like manner as the moneys to arise from the conversion into money of his personal estate were directed to be invested and also empowered his said Trustees to execute all necessary assurances for vesting the land when sold in the purchaser or pur- chasers thereof And the said Henry Isler authorized his said Trustees to apply the whole or any part of the income of the presumptive share or shares of any child or children of his who being a son or sons should be under the age of twenty-one years or being a daughter or daughters under that age or unmarried towards his her or their main- tenance education or advancement in life And whereas the said Henry Isler died on the third day of February one thousand eight hundred and sixty-five without having revoked or altered his said will leaving his wife and five children two of whom to wit Emily Jane Isler and Florence Marie Isler are still infants under the age of twenty- one years him surviving And whereas the residuary estate consists among other particulars of certain freehold land and hereditaments situate at Gladesville aforesaid and more particularly described in the Schedule hereto And whereas the aforesaid land is not unproductive land within the meaning of the before recited will so as to be affected by and subject to the power of sale thereby given over unproductive land And whereas negotiations have taken place and are still pending between the said John Dawson Jane Isler and Henry Isler as such Trustees as aforesaid and the Governor with the advice of the Executive