Heley's Estate Act 1883 46 Vic (NSW)

An Act to enable Edward Joseph Rubie and aes rere. Thomas O'Connor the Trustees of the will of the late Michael Heley and the duly appointed committee of Albina Heley an insane patient and also the Trustees of a certain indenture of settlement dated the twenty-sixth day of April one thousand eight hundred and seventy-five to sell certain Jands and hereditaments in the Schedules A and B hereto described and to provide for the application of the pro- ceeds Of such sale and for other purposes therein mentioned. [27th April, 1883. |

TILEREAS Thomas Ieley late of Sydney was at the time of his Preamble.

death seized in fee-simple of the lands and hereditaments in Schedule A hereto described and set forth And whereas the said Thomas Heley died on or about the twenty-ninth day of November one thousand cight hundred and sixty-seven intestate leaving him surviving his widow Mary Ifecley and five children and no more that is to say Mary Ann Ellen Eliza Albina and Michael Heley And whereas administration of the estate of the said 'Thomas Ileley was duly granted by the Supreme Court of New South Wales in its ecclesiastical jurisdiction to the said Michael Heley on the fifth day of February one thousand eight hundred and sixty-eight And whereas by divers conveyances and assurances in the law the said Mary Ann Ellen and Eliza Ifeley have duly conveyed granted and released all their right title and interest in the said lands and hereditaments as next of kin of the said Thomas Ifeley to the said Michael Heley absolutely

And whereas the said Michael Heley thereupon became and at the time

46° VIC. 1883.

Heley's Estate.

time of his death still was entitled to four-fifths of the fee-simple of the said lands and hereditaments subject only to the right and claim of the said Mary Heley the widow of the said Thomas Heley as dowress as hereinafter mentioned And whereas the said Michacl Heley duly made and executed his last will and testament in writing bearing date the third day of May one thousand eight hundred and seventy-nine whereby he devised and bequeathed all his property real and personal unto his children in equal shares and he appointed John Magner and Thomas O'Connor 'Trustees and executors thereof And whereas the said testator died on the fourth day of May one thousand eight hundred and seventy-nine without having altered or revoked his said will and leaving him surviving two children and no more that is to say Mary Teresa and Ellen Clotilda Heley both infants And whercas probate of the said will was duly granted by the said Supreme Court in its ecclesiastical jurisdiction on the thirticth day of June one thousand eight hundred and seventy-nine to the said executors therein named And whereas the said Albina Heley for the past cighteen years has been and now isan inmate of the Hospital for the Insane at Glades- ville And whereas the said Albina Heley is entitled as one of the next of kin of the said Thomas Heley (subject only to the said right of her mother the said Mary Heley as dowress) to one-fifth of the fee-simple of the said lands and hereditaments And whereas by an order of the Supreme Court of New South Wales in its lunacy jurisdiction made the twentieth day of February one thousand eight hundred and eighty- three the said Albina Heley was duly declared to bea person of unsound mind and incapable of managing her affairs and Edward Joseph Rubie and the said Thomas O'Connor were thereby duly appointed the committee of her estate and leave was given to them as such com- mittee to apply to the Parliament of New South Wales for an Act to enable them to sell the said lands and hereditaments And whereas on the death of the said Thomas Heley his widow the said Mary Icley became entitled during her lifetime to one-third of the rents anc profits of the said lands and hereditaments in respect of her dower And whereas she is desirous that the said lands and hereditaments should be sold and that her right to dower should be satisfied and paid as hereinafter provided And whereas at the date of the indenture of settlement next hereinafter mentioned the said Michael Heley was also seized in fee-simple of the lands and hereditaments in Schedule B hereto annexed more particularly described and sct forth An whereas by an indenture of settlement made the twenty-sixth day of April one thousand eight hundred and seventy-five between the said Michael ILeley of the first part and Mary Ifeley his wife o the second part and William Ahern and James Sheridan therein described as the said Trustees of the third part in consideration of the sum of ten shillings paid by the said Trustees to the said Michacl Heley and also for and in consideration of the natural love and affection which the said Michacl Heley had and bore towards his wife the said Mary Heley and for divers other good and valuable causes and considerations him thereunto moving the said Michael Helcy appointed granted and released unto the said Trustees the said lands and hereditaments in Schedule B hereto described to*hold unto the said Trustees and their heirs to the use of the said Trustees during the natural life of the said Mary IIcley upon Trust to pay the rents issues and profits thereof unto such person or persons for such intents and purposes and in such manner as the said Mary IHeley by any writing or writings under her hand when and as the same should become due but not by way of assignment charge or anticipation thereof should notwithstanding her then or any future coverture direct and appoint and in default of any such direction or appointment or