Denton's Estate Leasing and Mortgaging Act 1881 45 Vic (NSW)

1881. 45° VIC. 49

Denton's Estate Leasing and Mortgaging.

An Act to enable the Trustees of the Will of P#st0s's sar

Leastyu AND

the cate Henry Denton to grant building Mer. and improving Leases of certain lands devised by the said Will and to borrow money by mortgage of such lands for the

pur, ose of building upon and improving

the same. [6th December, 1881.]

THERAAS IWenry Denton late of Sydney gentleman deceased Preamble.

duly made his last will dated the twenty- -ninth day of Junc one thousand eight hundred and sixty and thereby appointed John Linsley and Thomas Hicks Executors and Trustees and also declared that ILenry Uicks son of the said Thomas Hicks should be a Trustee of his said will on attaining the age of twenty-one years and by his said will the testator gaye and devised to his said Trustees and their heirs a ceriain messuage and premises situated at the west side of Clarence-street in the "city of Sydney also two houses situate in Kent-street and the house in Market-street. in which the testator then resided upon trust for the said ILenry Hicks during his life and after his death to the use for such child or children of the said Henry Ticks as should be living at his decease or who having died should have left children him her or them surviving and if more than one in equal shares their heirs and assigns for ever as tenants in common But if there should be no child of the said Henry Hicks who should survive him or haviag died should have left issue him her or them surviving then the testator directed that the same should form part of his residuary estate And the testator also devised unto his said Trustees and their heirs all that his messuage and premises situated at the north-west corner of Druitt and Clarence Streets upon trust for Isabella Hicks during her life and after her death in like manner and subject to like limitations in favour of her child or children as in the property devised to the said Ilenry ilicks And by his said will the testator empowered the trustees or trustce for the time being of his said will to let any por- tion of his real estate from year to year or for any period not exeecding seven years for the best rent that could be obtained for the same and also to repair inswe against loss or damage by fire and adjust compound and settle all claims with tenants to make such allowances as they might deem necessary and generally to manage his cstate as they mizht deem most beneficial for the interest thereof And whereas the said testator died on the twenty-first day of November one thousand cight hundred and sixty without hav ing altered or revoked his said will which was proved by the said John Linsley and Thomas Hicks on the fourteenth day of December one thousand eight hundred and sixty And whereas the said Isabella Hicks on the thirteenth day of June one thousand cight hundred and seventy- two intermarried with and is now the wife 'of Geor ee Robert Swyney And whereas the said Wenry Hicks and John Linsley are the present Trustees of the said will And whereas the said Henry Hicks and Tsabella Swynecy have children living all of whom are infants under the age of twenty-one years And whercas the propertics hereinbefore mentioned and devised by the will of the testator are more particularly described in the Schedule hereto And whereas the buildings upon the said lands are old and dilapidated and the rents received in respect of the same are very small and inadequate to the capital value of the said