Fitzgerald's Enabling Act 39 Vic (NSW)

Pew South Hales.

ANNO TRICESIMO NONO

VICTORIA REGINA.

PES EEE E LESSEE SE SEE EES SESS ESE SE SER ESSE EEE ES SS

An Act to authorize the Executor of the last "is

ENABLING,

Will of Robert Fitzgerald to pay andthe ~~ Trustees of the "Hawkesbury Benevolent Society" to receive a certain capital sum

of money in lieu of an annual payment. [9th February, 1876.]

HEREAS Richard Fitzgerald late of Windsor in the Colony of Preamble.

New South Wales deceased by his last will and testament charged all his personal estate of whatever nature and kind soever with the payment of all his debts funeral and testamentary expenses and legacies and by his said will gave and bequeathed the annual sum of fifty pounds sterling during the life of Robert Fitzgerald the executor and Trustee of his said will unto the Treasurer as Trustee for the time being of "' The Hawkesbury Benevolent Society" for the use and benefit of and to be applied towards the charitable purposes of the said Society and further by his said will requested the said Robert Fitzgerald to give a like annual sum and secure the payment of the same after his decease unto the Treasurer or Trustees of the said Society for the like use benefit and charitable purposes And whereas Robert Marsden Fitzgerald is the devisee legatee and executor of the last will and testa- ment of the said Robert Fitzgerald deceased And whereas after the death of the said Robert Fitzgerald doubts arose as to the liability of the said Robert Marsden Fitzgerald as such executor to pay to the Trustees of the said Society the annual sum of fifty pounds sterling or to make provision for securing the annual payment thercof as aforesaid And whereas in order to remove such doubts a special case was stated for the opinion of the Supreme Court of New South Wales pursuant to the statute passed in the Session of Parliament holden in the sixteenth