Moffitt's Estate Enabling Act of 1881 45 Vic (NSW)

1881. 45° VIC, 41 Moffitt's Estate Enabling.

An Act to authorize John Williams or other Mors gsrarz

ENABLING,

the Trustees or Trustee for the time — being of the Will of the late William Moffitt deceased to sell lease or otherwise dispose of portions of the Real Estate of

the said William Moffitt deceased. [6th December, 1881.]

\ HEREAS William Moffitt late of Sydney in the Colony of New Preamble. South Wales bookseller deceased duly made and exccuted his last will and testament dated the fifth day of June one thousand cight hundred and seventy-three and thereby appointed John Williams of Sydney aforesaid Crown Solicitor sole devisee in trust of all his real and personal estate upon trust as to certain properties including the property mentioned in Schedule I hereto for the testator's daughter Schedule I. Sarah Jane Marks wife of James Marks of Jamberoo in the said Colony for her sole and separate use during her lifetime and thereafter upon the trusts in the said will declared concerning the same And as to certain other propertics including the property mentioned in Schedule Schedule 11, II hereto for the said testator's daughter Mary Thorne wife of Robert Thorne of Liverpool-strect in Sydney aforesaid for her sole and separate use during her lifetime and thereafter upon the trusts in the said will declared concerning the same and as to the residue of the said testator's estate upon the trusts in the said will declared And whereas the said William Moffitt died on the thirty-first day of July one thousand cight hundred and seventy-four leaving him surviving his said two daughters and another daughter Elizabcth Preston "Marks wife of Joln Marks then of Jamberoo but now of Darling Point near Sydney aforesaid a Member of the Legislative Council And whereas probate of the said will was duly granted on the twenty-seventh day of August one thousand eight hundred and seventy-four to the said John Williams and Elizabeth Preston Marks the executor and exccu- trix named in the said will And whereas the said will does not contain any power to scll demise or otherwise dispose of the lands and premises thereby devised And whereas and in consequence of the absence of such power and the inability to grant a lease for a longer period than the lives of the respective persons who are entitled as tenants for life to the respective portions devised the said lands and premises remain unimproved and the buildings thercon are becoming deteriorated and of less value through want of repair and otherwise And whereas the lands and premises mentioned in Schedule I hereto can now be sold for a sum of moncy the interest of which when invested will exceed the rental now obtainable for the said lands and premises and it is desirable in the interests of all concerned that the said John Williams or other the Trustee for the time being of the said will should be empowered to sell the said lands and premises and invest the procecds and apply the interest. thereof upon the trusts in the said will declared concerning the said lands and premises And whereas there is reason to believe that the said lands and premises mentioned in Schedule IT hereto can now be let on a building lease for a ground rent equal to the rent at present received and upon favourable conditions as to building and otherwise and it is desirable that the said John Williams or other the Trustee as aforesaid should be empowered to grant such building lease for any period not exceeding twenty-one