Bell’s Estate Act 1886 50 Vic (NSW)

An Act to enable Elizabeth Bell and Richard &"s#" Holdsworth or other the Trustees or Trustee for the time being of the will of the late Henry Bell to make leases of certain hereditaments devised by the said will. [80th July, 1886. |

wr LEAS Henry Bell late of Rose Mall Darlinghurst Sydney Preamb'e. duly made his will dated the first day of "February one thousand eight hundred and eighty-one and thereby after certain specific devises and hequests gave all the rest residue and remainder of his estate and effects real 'and personal unto his Trustees therein- after named being his wife the abovenamed Elizabeth Bell and Richard Holdsworth their heirs executors administrators and assigns according to the nature and tenure thereof As toall that his property situate in Pitt-street Sydney known as Bell's Chambers upon trust to manage and receive the rents and profits thereof during the life of his said wife and to pay thereout the sum of four hundred pounds annually as therein mentioned to his daughter Florence Jeanette Kitching the wife of Charles William Ross Kitching a Lieutenant in the Roy: 'al Marine Light Infantry next when and in case his daughter Annie Augusta Bell should marry to pay annually to her ina similar way a similar sum of four hundred pounds and to pay the residue of the rents and income of the said property (including until the marriage of the said Annie Augusta Bell such last-mentioned yearly sum of four hundred pounds) to his said wife during her life and after her death

Power to Trustees to grant ordinary leases for seven years.

50° VIC. 1886.

Bell's Estate.

death then upon trust to pay the whole of the rents and income arising from the said property known as Bell's Chambers and divide the same equally between his said two daughters Florence Jeanctte Kitching and Annie Augusta Bell during their respective lives and upon the death of cach "of them then as to one moiety of the said property to hold the same upon trust for the child if only one or children if more than one of the daughter of the testator so dying absolutely if more than one as tenants in common but in case the daughter of the said testator so dying should die without leaving issue her surviving then to hold the entirety of the said property upon trust for the survivor of his said two daughters for life and after her death for her child or children absolutely in the same manner as there- inbefore provided as to a moicty thereof and in case both his said daughters should die without leaving issue them respectively surviving then his said property known as Bell's Chambers should fall into and become part of the residue of his said residuary real and personal estate And as to his frechold property at or near Darling Harbour Sydney aforesaid known as Ryan's (Dixon-street) containing about one acre and three quarters—as Zollner's Galvanized Iron Works contain- ing about two roods and eight perches—also a building known as Darling Brewery let on lease to. Mr. Toohey—also stores recently burned and known as Larkin's Produce Stores situated in Harbour- street—also a block of land in Factory-street opposite Zollner's Stores —also a block of land at the corner of Factory and Dixon Strects and Ict on lease to Mr. Dunk as a timber-yard—and all other houses Jan¢ or premises situated near the properties just enumerated upon trust for the testator's said wife for life and after her death upon similar trusts in favour of his two sons Charles Sydney Bell and Francis Lendon Bel respectively and their respective children with similar trusts over in case of cither dying without leaving issue surviving as were in the wil now in recital before expressed or declared in favour of or respecting the testator's two daughters Florence Jeanctte Kitching and Annie Augusta Bell respecting his said property known as Bell's Chambers And as to all the rest and residue of his said residuary real and persona estate the said testator directed his Trustees to hold the same upon certain trusts in his said will mentioned And the said testator empowered the said Trustees to let and demise all or any part of his residuary real estate for such term or terms not exceeding in the case of improved property fourtcen years and in the case of vacant land ninety-nine years upon such. terms and conditions as they might think fit such leases to be leases in possession and not in reversion And whereas the said testator dicd on the twenty-fifth day of February one thousand eight hundred and eighty-one and his said will was shortly after his death duly proved by his executors the said Elizabeth Bell and Richard Holdsworth before the Supreme Court of this Colony in its ceclesiastical jurisdiction And whercas doubts have been entertained whether the power of leasing contained in the said will extends to the properties devised in the manner hereinbefore recited for the benefit of the said testator's two daughters and their respective issuc and his two sons and their respective. issue and it is expedient and all adult parties beneficially interested are desirous that the Trustees of the. said will should have such powers of leasing and dealing with the said properties as are hereafter contained "Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Counciland Legislative Assembly of New South Wales in Parliament assembled and by the aut hority of the same as follows :—