Redmond's Estate Act of 1879 42 Vic (NSW)

An Act to authorize the sale mortgage aid Bs Bvt leasing of certain Jands and hereditaments devised by the Will of Winifred Redmond deceased and for other purposes therein mentioned. [27th February, 1879. |

\ ILEREAS Winifred Redmond late of Sydney in the 'Colony of Preamble. New South Wales widow deceased was at the time of her death hereinafter mentioned seized and possessed of (amongst other lands) the lands and hereditaments in the several Schedules to this Act mentioned and described for an estate of inheritance in fee simple free from incumbrances And whereas the said Winifred Redmond duly signed and published her last will and testament dated the twentieth day of September one thousand eight hundred and fifty-nine and thereby

4.2" VIC. 1879.

Redmond Ss . Estate.

thereby after certain bequests and devises not material to be here set forth devised all other her real estate whatsoever and wheresoever unto Sir Daniel Cooper John Larking Scarvell and Sarah Scarvell his wife their heirs and assigns to hold as to each of the respective portions of her real estate thereby appointed unto or for the benefit of her respective grandchildren and their issue in trust until the grandchild respectively entitled thereto or interested therein should attain his or her age of twenty-one years to apply the rents and profits of such portion of her estate in or towards his or her maintenance and education respectively and when and so soon as each such grandchild should attain his or her age of twenty-one years then as to the portion of the estate of the said testatrix thercinafter appointed to him or her respectively to the use of such grandchild respectively if a male for the term of his natural life or if such grandchild should be a female in trust to pay or apply the rents and profits of the respective property for her respective separate use apart from any husband with whom she might at any time intermarry and so as not to be subject to his engagements or control And after the decease of such grandson or grand-daughter respectively to the use of his or her child or children or issue in such shares or proportions if more than one as he or she should by any deed or will respectively appoint And in default of such appoint- ment to the use of such child or children or issue equally between them if more than one and their his or her respective heirs and assigns per stirpes and not per capita And in ease of the death of any of the said grandchildren without leaving children or issue who should become entitled under the said will or under some appointment made pursuant thereto the share or shares which should lapse by such means should accrue to and be equally divided among the other grand children and their respective children and issue in augmentation of the specific devises made to them respectively and should follow the same destination and the said testatrix thereby devised and appointed under the trusts and provisions thereinbefore contained unto or for the benefit of her grandson Sydney Scarvell and his issue all the lands and hereditaments in the first schedule to this Act mentioned and more particularly deseribed Also after the decease of his father the said John Larking Scarvell and his mother the said Sarah Searvell all the lands and hereditaments in the second schedule to this Act mentioned and more particularly described and also one-seventh part of the lands and hereditaments in the third Schedule to this Act mentioned and more particularly described And the said testatrix thereby devised and appointed under the trusts and provisions aforesaid unto or for the benefit of her grandson George Scarvell and his issue all the lands and hereditaments in the fourth Schedule to this Act mentioned and more particularly described And also one-seventh part of the lands and hereditaments in the third Schedule to this Act mentioned and more particularly described And the said testatrix thereby devised and appointed under the trusts and provisions aforesaid unto or for the benefit of her grandson Edward Augustus Scarvell and his issue All the lands and hereditaments in the fifth Schedule to this Act mentioned and more particularly described and also one-seventh part of the said lands and hereditaments in the third Schedule to this Act mentioned and more particularly described And the said testatrix thereby devised and appointed under the trusts and provisions afore- said unto or for the benefit of her grand-daughter Sarah Winifred Isabella Mary Scarvell and her issue all the lands and hereditaments in the sixth Schedule to this Act mentioned and more particularly described and also one-seventh part of the said lands and hereditaments in the third Schedule to this Act mentioned and more particularly described and the said testatrix thereby devised and appointed under the trusts