Moore Estate Act of 1879 42 Vic (NSW)

An Act to enable the Trustees of the Will of ™o™'s Es William Gosling Moore to sell and lease certain lands and to make provision for the

disposal and investment of the proceeds. [12th March, 1879. ]

IHEREAS William Gosling Moore late of Sydney in the Colony Preamble.

of New South Wales landowner deceased was at the time of his death possessed of or entitled to the lands in the Schedules to this Act described for the estates and interests in the said Schedules respectively mentioned And whereas the said William Gosling Moore duly made Testator's will. and executed his last will in writing bearing date the third day of October one thousand eight hundred and seventy which (omitting the formal portions thercof') is in the words following that is to say "This is the last will of me William Gosling Moore of the City of Sydney in the Colony of New South Wales landowner I bequeath to my sister Helen Moore spinster thirty-nine pounds a year to be paid weekly during her life I bequeath to Alfred Henry' Moore son of my eldest brother John Gcor ec Moore seven hundred pounds And I bequeath to Mrs. Stenhouse wife of my friend Nicol Drysdale Stenhouse Esquire

three

Death and probate.

New trustee.

Insufficiency of assets to pay annuities.

Power to sell &c. for that purpose and to

repair.

42° VIC. 1879.

Moore's Estate.

three hundred pounds I bequeath to my adopted son Edward Samuel Farrier Moore now residing at number seventeen Clement's Inn London five hundred a year for his life and should he marry then to his wife for her life and should his wife bear him children then the said sum of five hundred a year to the child or children to share alike I bequeath to my wife Celia Moore five hundred pounds (£500) a year for her life Also I give her absolutely all my household furniture pictures books and household effects jewellery plate The residue of income to be invested for the benefit of my daughter Wilhelmina Gosling Moore my son William Gosling Moore and all other children my wifeCclia Moore may bear me I appoint my friend Nicol Drysdale Stenhouse of Sydney aforesaid esquire and John Barnett of Sydney Jandholder of Flora Terrace Sydney trustees and executors of this my will I revoke all former wills and codicils" And whereas the said William Gosling Moore died in this Colony on the second day of November one thousand eight hundred and seventy without having revoked or altered his said will and probate thereof was granted on 1 the second day of December one thousand eight hundred and seventy by the Supreme Court of New South Wales in its ecclesiastical jurisdiction to the said Nicol Drysdale Stenhouse and John Barnett And whereas the said Celia Moore on or about the fifteenth day of February one thousand eight hundred and seventy-two intermarried with and is now the wife of Charles Rokeby Scott Maddock And whereas the said Nicol Drysdale Stenhouse died on the eighteenth day of February one thousand eight hundred and seventy. three And whereas bya certain indenture bearing date the fifteenth day of January one thousand eight hundred and seventy -four and made between. the said John Barnett of the one part and the said Celia Maddock of the other part the said John Barnett duly appointed the said Celia Maddock a trustee of the said will in the stead of the said Nicol Drysdale Stenhouse And whereas the said William Gosling Moore left him surviving all the parties named in the said will and the said Wilhelmina Gosling Moore and William Gosling Moore the younger who are both infants under the age of twenty-one years were the only children of the said William Gosling Moore and Celia his wife And whereas the Helen Moore died in the year one thousand eight hundred and seventy-one and the said annuity of thirty-nine pounds was paid to her up to the time of her death And whereas the legacies bequeathed by the said will of the said William Gosling Moore to the said Alfred Henry Moore and Margaretta Stenhouse have heen duly paid and satisfied out of the personal estate of the said William Gosling Moore but the income of his real and personal estate is insufficient to pay the annuities now subsisting bequeathed by the said will And whereas there is at present no power to sell any of "he said lands or to grant leases thereof and there are no funds available under the trusts of the said will for the maintenance and repair of the houses now standing or hereafter to be erected upon the said lands and certain of such houses have become dilapidated and may soon become wholly untenantable and cease to yield an income sufficient to satisfy the annuities now subsisting bequeathed by