Ennis Estate Act of 1886 50 Vic (NSW)

An Act to enable the Trustees of certain 5 =. Land at Rocky Point to lease mortgage or sell the same and to provide for the application of the moneys so obtained and for other purposes. [Lt th August, 1C86.]

HEREAS by a certain memorandum of transfer bearing date Preamble.

the twenty-fifth day of June one thousand cight hundred anc

eighty certain lands and hereditaments situated at Rocky Point near Sydney in the Colony of New South Wales and fully described in the said memoranduin and the declaration of trusts hereinafter recited anc the Schedule hereto annexed were vested by John Robert Ennis then of Rocky Point aforesaid but now of Queensland in Charles Stuar Cansdell the younger of Sydney civil engineer and Richard Lacy of Kogarah Esquire And whereas the object. of such transfer was the making of a provision for Jessic Mary Ennis the wife of the saic John Robert Ennis and their children And whereas by a declaration of the trusts of the said land and hereditaments as witnessed by a certain instrument bearing date the twenty-fifth day of June one thousan eight hundred and eighty and made between the said Charles Stuart Cansdell and Richard Lacy therein styled the said Trustees of the first part the said John Robert Ennis of the second part the said Jessie Mary Ennis of the third part and George Frederick John Ennis ILelena Alice Ennis Amy Mary Ennis Ida Roberta Ennis and Robert Joseph

Stanley

50° VIC. 1886.

Ennis Estate.

Stanley Ennis children of the said John Robert Ennis and Jessie Mary Ennis of the fourth part They the said Trustees with the privity and consent of the said John Robert Ennis thereby covenanted declared and agreed with and to the said Jessie Mary Ennis and also separately with and to the said children that they the said Trustees should and would stand possessed of the said lands and hereditaments being all that parcel of land containing by admeasurement fifty acres more or less situate at Rocky Point in the parish of Saint George in the county of Cumberland in the said Colony being portion thirty-two delineated in the public map of the said parish deposited in the office of the Surveyor- General with the appurtenances upon trust to permit and suffer the said Jessie Mary Ennis to occupy and reside thereon or at her option to receive the rents issues and profits thereof to and for her sole and separate use for her life free from the debts control or engagements of the said John Robert Ennis or of any her future husband but with- out power of alienation during coverture And upon the death of the said Jessie Mary Ennis to set apart ten acres of the said land conveni- ently enjoyable with the dwelling-house thereon erected and thence- forth during the minority of any son of the said John Robert Ennis and Jessie Mary Ennis or while any daughter of theirs shall remain unmarried to permit and suffer the said ten acres of land with the said dwelling-house to be oceupied as the home of the said child or children under twenty-one years of age and of the said daughter or daughters unmarried And upon the attaining majority of any son or the marriage of any daughter whichever may first happen to divide the residue of the said land into as many lots or portions as there shall be children of the said John Robert Ennis and Jessie Mary Ennis living Such portions to be as nearly equal in extent as the said Trustees can allot the same and to cause lots to be drawn by for and on behalf of all the said children and to transfer the portions represented by the lot drawn by any son attaining twenty-one years or by any daughter attaining that age or marrying in the following manner that is to say the share of a son to him for his own use and benefit and the share of a daughter to two or more Trustees to be approved of by the said Trustees for the separate use of such daughter with the like provision in favour of each succecding son attaining majority and of each succeeding daughter attaining majority or marrying And upon trust when and so soon as the youngest son of the said John Robert Fnnis and Jessie Mary Ennis shall attain twenty-one years of age and the last remaining daughter shall marry or depart this life to make sale and absolutely dispose of the said ten acres of land and dwelling-house by public auction and to divide and pay the clear proceeds of sale among and to all the children of the said John Robert Ennis and Jessie Mary Ennis then living and the issue of such of them as shall have departed this life leaving lawful issue then living in equal shares and proportions according to the roots but the shares of daughters to be for their separate use And providing always that in case at any time before the trusts thereinbefore declared shall require a sale of the said ten acres of land and dweliing- house it shall be found inconvenient for the said Jessie Mary Ennis to occupy or reside thereon or after her decease it shall be founc inconvenient or undesirable for the children to occupy the same as a house the said Trustees shall be at liberty to demise and lease all or any part of the land in respect of which the trusts are by the said declaration of trusts declared and that from time to time as may he convenient for such term or terms not exceeding the time at which the youngest child would attain twenty-one years of age as they shal think fit at the best rent or rents that can be conveniently obtained for