Hill's Estate Act of 1881 45 Vic (NSW)

1881. 45° VIC. 59 Hills Estate.

An Act to authorize the Trustees of the "sn.

Marriage Settlement of Mrs. Sophia Mary Hill formerly Sophia Mary Atkinson to sell mortgage and lease certain lands in the village of Collingwood near Liverpool in the Colony of New South Wales and to invest the proceeds thereof. [19th Decem- ber, 1881.]

HWEREAS by an indenture dated the first day of March in the Preamble.

year of our Lord one thousand eight hundred and fifty-cight and made between James Henry Atkinson. thereinafter styled the settlor of the first part Rowland Brodhurst [ill of the second part Sophia Mary Atkinson now Sophia Mary Will of the third part and Thomas Blackett Stephens and Edward Wrench thereinafter styled the Trustees of the fourth part reciting that a marriage was intended shortly to be solemnized between the said Rowland Brodhurst Hill and the said Sophia Mary Atkinson and upon the treaty for the said marriage it had been agreed between the parties thereto that the lands and hereditaments sct forth and deseribed in the Schedule to this Act whereof or whereto the settlor was seized and possessed or well entitled in fee simple should be conveyed and settled as thereinafter contained the scttlor granted sold aliencd and released unto the Trustees and their heirs all the lands tenements and hereditaments set forth and described in the said Schedule hereto to hold the same to the Trustees their heirs and assigns for ever to the uses and upon the trusts and for the intents hereinafter declared and expressed conecrning the same that is to say to the use of the settlor his heirs and assigns until the solemnization of the said then intended marriage and immediatcly thereafter to the use of the Trustees their heirs and assigns upon trust at their discretion either to receive and pay to the said Sophia Mary Atkinson or to permit her to receive during the term of her natural life the rents and profits of the thereby released lands tenements hereditaments and premises subject to certain deductions for premiums of insurance and the costs of necessary repairs if any such payment to the said Sophia Mary Atkinson by the Trustees or such receipt by herself to be to and for her own sole and separate use free from the control debts or engagements of her said intended or any future husband and every such payment to be made to her sole receipt notwithstanding coverture and from and immediately after the death of the said Sophia Mary Atkinson upon the following trusts respectively according to the several states of cireumstances there- inafter mentioned. that is to say if the said Sophia Mary Atkinson should have lawful issue of the said intended or any future marriage but no husband her surviving then in trust for such issue equally share and share alike upon their respectively attaining the age of twenty-one years with benefit of survivorship if any should die under that age And if the said Sophia Mar y Atkinson should leave any such issue Y and also a husband her surviving then in trust for and among such issue in manner and subject to the provisions aforesaid in that Dehalf but with the deduction by the Trustees and their payment to such husband for his natural life of so much of the rents and profits aforesaid as should be equivalent to onc equal share calewated on the footing of such husband taking share and share alike with such issue Provided that