Hutchinson Estate Act of 1884 47 Vic (NSW)

Hortentnson

Esrate.

Preamble.

An Act to enable William Matthew Hutchin- son Gibbons Richard Hutchinson Roberts and Arthur Huffington or other the Trustees for the time being of the Will of William ILutchinson deceased to sell cer- tain land and houses in York-street and Clarence-street in the City of Sydney and to provide for the application of the pro- ceeds thereof. [6th March, 1884.]

ITERQ@AS William ILutchinson duly made and executed his last

will dated the twentieth day of December one thousand cight hundred and forty-five and thereby gave and devised unto his Trustees namely John Rose Holden George Allen and John ITenry Black all those three brick-built houses situate in York-street south of the Wesleyan Centenary Chapel and also all those two houses in Clarence- strect adjoining Mr. Blaxland's south of the gateway dividing the said two houses from the houses on which an annuity to his daugter Sarah Nichols was charged and made payable with other hereditaments to hold the same unto the said Trustees their heirs and assigns for and during the life of the said testator's daughter Martha Lackey in the will called Martha Roberts upon trust that the said Trustees and the survivors and the survivor of them their and his heirs and assigns should during the life of the said Martha Lackey receive the rents issues and prolits of the said hereditaments and premises and should pay the same as and when the same should be received unto such person

or persons only and for such intents and purpuses only as the said Martha

1884. 4G" VIC.

Hutchinson Estate,

Martha Lackey should from time to time by writing wider her hand diveet or appoint but not so as to dispose of or affect tlie same by sale mortgage charge or otherwise in the way of anticipation and in default of such direction or appointment into her own hands for her own sole separate and peculiar use exclusively of her then present or any future husband and without being in anywise subject to his debts control interference or engagements and the receipts in writing of the said Martha Lackey whether she should be single or marricd should be sufficient discharges for the same and after the decease of the said Martha Lackey the said testator gave and devised the said hereditaments and premises to the use of all the children if more than one then born or thereafter to be born of the said Martha Lackey by her then present hushand in equal shares and proportions as tenants in common in tail with cross remainders between them in tail And whereas the said testator made a codicil to his said will dated the sixth day of February one thousand eight hundred and forty-six which did not affect the devise hereinbefore stated And whereas the said testator died on the twenty-sixth day of July one thousand cight hundred and. forty-six without having revoked or altered his said will and codicil and the same were shortly after his death diy proved in the Supreme Cowt in its Keclesiastical Jurisdiction by the said John Rose olden one of the executors named in the said will leave being reserved to the other executors named inthe said will to come in and prove the same And whereas by an indenture dated the sixteenth day of November one thousand eight hundred and forty-six the said George Allen and John lienry Black the other executors named in the said will absolutely and irrevocably renounced and disclaimed into the said John Rose Holden his heirs executors administrators and assigns all the real and personal estates given devised and bequeathed and all the trust powers and authorities whatsoever by the said will and codicil given devised or bequeathed to or vested in them the said George Allen and John Ilenry Black in conjuction with the said John Rose Holden as afore- said And whereas by virtuc of divers mesne assurances and acts in the law and ultimately by an indenture dated the fifth day of April one thousand eight hundred and seventy-one and made between Arthur Iluflington at that time the sole surviving or acting Trustee of the said will of the first part Andrew Hardie isCulloch of the second part and the said Arthur ILuffington and William Matthew ILutchinson Gibbons and Richard Hutchinson Roberts of the third part of the said William Matthew Lutchinson Gibbons and Richard Hutchinson Roberts were appointed 'Trustees of the said will and codicil and of all the real and personal estates thereby given devised and bequeathed as aforesaid jointly with the then existing Trustee the said Arthur Huflington upon the trusts and with under and subject to the powers and authorities expressed and declared in the will and codicil of the said William Hutchinson deceased And whereas the said Martha Lackey formerly Martha Roberts had by her first husband Joseph Roberts who died in the year one thousand cight hundred and forty-nine seven children and no more namely Jane Neich wife of Augustus Neich Richard Hutchinson Roberts Fanny Eliza |Louison wife of Alexander ILouison Mary Elizabeth Love wife of James Graham Love James Joseph Roberts Joseph James Roberts and Martha Roberts wife of John George Roberts And whereas on the marriage of the said Augustus Neich and Jane Neich there was made no settlement or agreement for a settlement of the share of the said Jane Neich in the said heredita- ments and premises And whereas the said share of the said Jane Neich is charged with certain sums in favour of Thomas Salter and is also subject to a subsidiary charge of two thousand six hundred pounds in favour of Charles Henry Myles and the said Thomas Salter being a