Chapman's Estate Leasing Act of 1881 44 Vic (NSW)

Cuarman's EsraTe LEasING,

Preamble.

An Act to enable the Trustees of the Will of the late Thomas Chapman to grant leases for any term not exceeding fifty years from the passing of this Act of certain portions of the real estate devised by the said Will and to make roads streets and ways over upon and adjacent to the said lands and for other purposes in the said Act to be mentioned. [5th April, 1881, |

AY "HEREAS Thomas Chapman late of Kiama in the Colony of

New South Wales gentleman duly made and exceuted his last will and testament dated the fourteenth day of August in the year one thousand eight hundred and seventy-three and thereby appointed Samuel Charles then of Eureka Iiama aforesaid gentleman and Walter Hayes then of Kiama aforesaid painter and glazier (but now of Croydon near Sydney in the said Colony) the Exceutors and Trustees of his said' will' and (izder alia) devised to his said Trustecs his land in Dowling-street Sydney upon trust to pay the rents and profits thereof respectively (not by way of anticipation) to a step- daughter of the said testator Charlotte Rutter Hrances Kendall wife of William Rutter Kendall for her sole and inalienable use during her then present or any future coverture and for which rents and profits

her receipts alone should be sufficient discharges to the said Trustees and

1881. 44° VIC.

Chapman's Estate Leasing.

and from and after the decease of the said Charlotte Rutter Frances Kendall the said testator devised the said parcel of land and premises with the appurtenances to the child if only one or the children if more than one who either before or after the limitation in the said will contained in favour of the said Charlotte Rutter Frances Kendall should take effect in possession should attain the age of twenty-one years or who should die under that age in such manner as the said Charlotte Rutter Frances Kendall should by any testamentary writing appoint and in default of appointment to her in fee-simple And the said testator the said Thomas Chapman devised his land at Miller's Point Sydney purchased by him from Henry Cooper with the two dwelling-houses cottages and premises thereon erected being the said lands hereinafter mentioned as being situate in Merriman-street in Sydney and also his land situate near Pinc Cottage Bourke-street Surry Hills Sydney with the appurtenances as the same was formerly occupied by one Shaw with the appurtenances being the land situate in Bourke and Dowling streets near Sydney aforesaid to his said Trustees under and subject to similar limitations in favour of another stepdaughter of the said testator Cecilia Sophia Rutter wife of John Jewell Rutter to those contained in the hereinbefore mentioned devise by the said testator to his said Trustees in favour of the said Charlotte Rutter Frances Kendall And whereas the said Thomas Chapman the testator died on the seventh day of Novembcr in the year one thousand eight hundred and seventy-four leaving him surviving the said William Rutter Kendall and Charlotte Rutter Hrances Kendall his said wife and three children that is one son and two daughters and no more now aged respectively twenty years seventeen years and fourteen years and the said John Jewell Rutter and Cecilia Sophia Rutter his said wife and four children that is three sons and one daughter and no more now aged respectively sixteen years fourteen years twelve years and ten years And whereas probate of the said will was granted to the said Samuel Charles and Walter Hayes on the seven- teenth day of March in the year onc thousand eight hundred and seventy- five And whereas the said testator had in his said will not correctly described the said land and hereditaments situate in Bourke-street and so devised as aforesaid to his said Trustees in favour of the said Charlotte Rutter Frances Kendall and the said Cecilia Sophia Rutter And whereas by a decree of the Supreme Court of New South Wales in the equitable jurisdiction thereof dated the thirteenth day of February in the year one thousand cight hundred and seventy-eight and made in a certain cause wherein the said 'Trustees were plaintiffs and the said William Rutter Kendall and his said wife and the said John Jewell Rutter and his said wife and others were defendants it was ordered and declared that under the devise in the will mentioned of certain land of the testators described in the said will as follows namely :—