Rotton's Estate Act of 1883 46 Vic (NSW)

New South Wales.

ANNO QUADRAGESIMO SEXTO

VICTORIA REGIN &.

An Act to enable the Trustees of the Will of asiovs gsr. the late Henry Rotton to sell and grant =~ Mining Leases of certain lands devised by the said Will and for the other purposes therein mentioned, [29th March, 1883, |

. HEREAS Tenry Retton late of Blackdown in the district of Preamble. Bathurst in the Colony of New South Wales hereinafter called the said testator duly made his last will dated the sixteenth day of July onc thousand eight hundred and seventy-nine and thereby appointed Henry M'Crummin Keightley William Foxton Hayley and Alfred John Pechey executors and trustees of his said will and upon making certain specific devises the said testator devised all the residue of his real and personal estate to be divided in equal shares between his wife and his thirteen children being in all fourteen shares share and share alike (subject as to the share of one daughter to a deduction of one thousand four hundred pounds) And the said testator directed that should any of his children die before attaining majority his or her share should revert to his residuary estate and be divisible equally amongst his surviving children except in the case of a daughter marricd by consent of her guardian or guardians And the said testa- tor further directed that his said wife's share of his said residuary estate and the shares of his infant children should be invested by his trustees in good sound Government sezurities or valuable frechold a properties

46° VIC.

rotlon's Estate.

1883.

properties and the interest arising therefrom should be paid as fol- lows His said wife's share to herself for her own use and _ benefit so long as by the provisions in that behalf contained in the said will she should be entitled to receive the same and his infant children shares to their guardian or guardians as the case might be for the clothing maintenance education and teaching any trade business or profession till they should be entitled by attaining their majority to receive their full shares except in the case of a daughter married by consent of her guardian or guardians as the case might be before attaining her majority in which case she should be entitled to receive her share in full immediately upon her marriage unsubject as thereinbefore directed to marital control And whereas the testator duly made a codicil to his said will dated the twenty-seventh day of March one thousand eight hundred and cighty whereby he gave cer- tain directions with reference to the share of the said residuary estate of his said will devised and bequeathed to his son Peter Rotton but did not further or otherwise alter his said will And whereas the said testator duly made a second codicil to his said will dated the seven- teenth day of July one thousand eight hundred and eighty-one whereby he gave a certain pecuniary legacy but did not further or otherwise alter his said will And whereas the said testator duly made a third codicil to his said will dated the twenty-fourth day of Septem- ber one thousand eight hundred and cight-one and by the said codicil revoked so much of his said will as gave to his son Gilbert Henry Rotton any share in the division of his property and gave to the said Gilbert Henry Rotton all the said testator's interest in certain con- ditional purchases at Carden in the said Colony but did not further alter or revoke his said will And whereas the said testator died on the eleventh day of Cctober one thousand cight hundred and eighty- one leaving surviving His widow and thirteen children of whom four are infants under the age of twenty-one years and without having revoked or altered his said will save in so far as the same is revoked or altered by his said codicils and without having revoked or altered his said codicils or any of them and the said will and codicils were duly proved by the sa id Henry M'Crummin Keightley William Foxton Hayley and Alfred John Pechey on the tw enty -ninth day of November one thousand cight hundred and eighty-one And whereas the said Alfred John Pechey died on the fifth day of June one thousand eight hundred and eighty-two And whereas the said testator at the time of his death was seized of or entitled to certain lands in the said Colony not specifically devised by the said will which said lands are mentioned and particularly described in the Schedule hereto And whereas it is doubtful whether the provisions of the said will authorize or empower the trustees thereof to sell any part of the said lands And whereas the said will contains no power to lease the said lands or any portion thereof And whereas certain of the said lands are supposed to con- tain valuable deposits of minerals And whereas it is expedient in