Bates’s Estate Act of 1881 45 Vic (NSW)

Bares'sEstare, At) Act to authorize the Sale Mortgage and

Preamble.

Leasing of certain Lands and Heredita- ments devised by the Will of Mary Ann

Bates deceased and for other purposes. [18th August, 1881.]

HEREAS Mary Ann Bates late of Parramatta Road in the Parish

of Concord in the County of Cumberland in the Colony of New

South Wales widow deceased was at the time of her death hereinafter mentioned seized and possessed for an estate of inheritance in fee simple of the lands and hereditaments in the first Schedule to this Act men- tioned and described free from incumbrances and of the lands and here- ditaments in the second Schedule to this Act mentioned and described subject to a mortgage from the said Mary Ann Bates to John Gurner which said mortgage has not yet been released nor the principal and interest due and owing on the security thereof paid or discharged And whereas the said Mary Ann Bates duly made and published her last will and testament dated the fifth day of February one thousand eight hundred and fifty-one and thereby devised unto Archibald Campbell and Piddocke Arthur Tompson all the real estate of which she should

die seized or possessed upon trust t his heirs or assigns or the Truste of that her will did and should

iat they or the survivor of them es or Trustee for the time being permit and suffer her son-in-law

Joseph Hyde Potts and her daughter Emma Potts his wife during

their joint lives and after the d

cath of the pre-deceaser for the survivor

1881. 45° VIC.

Bates's Estate.

survivor of them during his or her life to occupy and enjoy the same and receive the rents and profits thereof for their his or her own use and upon further trust after the death of the survivor of them to divide the said estate in equal portions between Francis Loward Potts Tremayne Hyde Potts and Josephine Elizabeth Tarrict Potts the children of the said Joseph Hyde Potts and Emma Potts or such of them as should be then living or at the diserction of her Trustees or Trustee to sell the same and pay over to her said grandchildren the moneys arising from the said sale Provided always and the said testatrix declared it to be her will that in case the said Trustees or cither of them should die in her lifetime or should at her decease renounce the trusts of that her will or in case the said Trustees or either of them or any Trustee or Trustces to be appointed under the now reciting provision should afterwards die or become unable or unwilling to act in the trusts of that her will or should go to reside out of the said Colony before the same should be fully executed and performed then and in such case and so often as the same should happen it should be lawful for the surviving or continuing Trustees or Trustee for the time being or if there should be no surviving or continuing Trustee then for the "retiring Trustees or Trustee or if there should be no such last-mentioned 'Trustee then for the executors or administrators of the last deccased Trustee to appoint