Dillon's Estate Act of 1884 48 Vic (NSW)

1884. 48° VIC. 129

Dillon's Estate.

An Act to authorize the sale of certain land ss Sm devised by Joseph Napoleon Dillon and to provide for the investment and appropria- tion of the proceeds. [81sé October, 1884. |

W! TEREAS Joseph Napoleon Dillon late of Sydney deceased being Preamble.

seised in fee of the land described in the Schedule hereto made and executed his last will bearing date the seventeenth day of Decem- ber one thousand eight hundred and fifty-two in the words following that is to say "This is the last will and testament of me Joseph Napo- recites will of leon Dillon of Sydney in the Colony of New South Wales gentleman Jeph Napoleon being of sound and disposing mind memory and understanding give , and bequeath unto my wile Mary Ann after pavment of my debts and funeral expenses all my houschold furniture and effects of what nature and kind soever I give and devise to my son Joseph Napoleon Dillon devise of sixty acres, all my right title and interest in and to sixty acres of land at Cook's River for the term of his natural life the rents and profits of the said jJand to be applied towards his maintenance and education until he shall arrive at the age of twenty-one years and after his death the said land to go to his children if any in equal shares as tenants in common and in case he shall die without issue then to my said wife if she shal survive for her life and after her death to my own right heirs And I appoint my said wile executrix of this my will In testimony whereof T have hereunto sect my hand and seal this seventecth day of December in the year of our Lord one thousand cight hundred anc fifty-two" And whereas the said Joseph Napoleon Dillon departed neath of testator &e. this life on or about the twentieth day of May one thousand cight hundred and fifty-five without having a altered or revoked his said wil and leaving his said wife and son him surviv ing And whereas the Certificate of title as land in the said will mentioned being the same as is described in the ' Schedule hereto has been brought under the provisions of the " Real Property Act" (twenty-sixth Victoria number nine) and its amending Acts and a certificate for an estate for life in respect thereof has issued in favour of Joseph Napoleon Dillon the younger being the son of the said testator mentioned in his said will And whereas the will contains no Will gives no power authority for the sale of the said land during the son's life And it is! impossible therefore without the aid of Parliament to scll the same or to demise it for a longer pericd than the life of the said son in conse- quence whereof the land cannot be advantageously cultivated and it remains unproductive of income And whereas it is important in the interests of all concerned having title whether in possession or pros- pectively therein that the whole legal estate in the said land should be vested in Trustees to be appointed for the purpose and subject to the Expediency of provisions hereinafter expressed to sell the land and invest and apply phreliting Trustees the proceeds of sale as hereinafter directed Be it therefore enacted by the Queen's most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :-—