Pringle’s Estate Mortgaging Act 1886 50 Vic (NSW)

An Aet to enable the Trustees of the will of tu sas's kerr

Morte aGine.

the late Robert Pringle of Tamworth in — the Colony of New South Wales to borrow money by mortgage and pledge of certain real and personal estate devised and bequeathed by the said Will for the pur- pose of enabling the said Trustees to pay off a ecrtain debt owing by the said Testator and certain debts incurred by the said Trustees in administering the said estate and to enable the said Trustees to improve the same. [1st July, 1886.]

J UEREAS Robert Pringle late of Tamworth in the Colony of New Preamble.

South Wales gentleman deceased duly made his last will dated the eighteenth day of January one thousand eight hundred and seventy- five and thereby appointed John M'Donald of Tamworth in the Colony of New South Wales Clerk of Petty Sessions William Frederick M'Carthy of Sydney in the said Colony solicitor and David Williamson Irving of Tamworth aforesaid Police Magistrate executors and Trustees thereof and declared that the Word Trustees whenever in the said will used should mean the said Trustees and also any new Trustees to be appointed from time to time thereafter and the survivors and survivor of any such 'Trustees or Trustee named or thereafter to be appointed as aforesaid and the continuing or acting 'Trustees or Trustee and the heirs exccutors and administrators of the last surviving or continuing or acting 'Trustee in case of a vacancy in the trust but only so long as such vacancy should exist And by his said will the said testator gave and

ad devised

50, VIC. 1886.

Pringle's Estate Mortgaging.

devised. all the houses messuages lands hereditaments and real estate of or to which he was then or at his death should be scized or entitled at law or in equity or of which he had or should have power to dispose of by will (except what he otherwise disposed of by his said will or any codicil thereto) unto and to the use of his said Trustees according to the nature thereof respectively Upon trust that they the said Trustces should whenever it should seem to them wise to do so sell the same either entirely and altogether or in parcels and either by public auction or private contract with power to buy in and rescind any contract for sale of the said premises or any part thereof and to resell the same without being answerable for any loss which might happen thereby and also with power to insert any special or other stipulations in any contract for or conditions of sale either as to title or evidence of title or other- wise and with powers to execute make and do all such conveyances assurances and things for effectuating any such sale as aforesaid as might be necessary or expedient and as to estates or property vested in him as Trustee or mortgagee he gave and devised the same to his said Trustees to hold upon and subject to the trusts or equities affecting the same respectively And as to his estate called Summer Hill situated on the Peel River consisting of the dwelling-house store and other outbuildings and the garden orchard and paddocks used and enjoyed therewith he directed that his daughter Mabella Winton M'Carthy the wife of Herbert Tiffin Stephen M'Carthy should subject to the. rusts provisos and declarations therein contained be permitted to occupy the same as tenant at will of his said Trustees at a weekly rent of one peppercorn if demanded provided she should keep the building and fences in good repair making due allowance for ordinary wear and tear until his said Trustees should sell the same or otherwise determine the said tenancy And as to his estate called "Bective House" situated in the township of Bective consisting of a dwelling-house and outbuildings together with the garden and cultivation paddocks appurtenant thereto and generally used and occupied therewith and also four or six acres of land in front of Bective House he directed that his daughter Catherine Janette Kingscote the wife of William Anthony Kingscote Esquire should subject to the trusts provisos and declarations thercin contained be permitted to occupy the same asa tenant at will of his said Trustees at a weekly rent of one peppercorn if demanded provided