Weston's Estate Mortgage Enabling Act of 1892 55 Vic (NSW)

An Act to authorize the Mortgage of certain Wess Be lands and hereditaments devised by the *"** Will of Frederick Weston, deceased. [1st April, 1892. |

\ '7 HEREAS Frederick Weston, late of Parramatta, near Sydney, Preamble. in the county of Cumberland, in the Colony of New South Wales, surveyor, deceased, duly made and published his last will and testament, dated the first day 'of April, one thousand cight hundred and cighty-four, and ther eby devised and bequeathed all 'his real and personal estate (except what he otherwise disposed of by his will or any codicil thereto) unto and to the use of Henry Cornwell and Edward Hlenry Weston (thereinafter called trustees), their heirs, executors, and administrators respectively, upon the trusts therein contained : And whereas the said Frederick Weston died on the fourth day of December, one thousand eight hundred and eighty-six, without having in any way revoked or altered his said will, and leaving him surviving Mary Ann Weston, his widow, and nine children, namely, Ferdinand Charles (since deceased), Frederick, Harry Edward, Kathleen Mary (since deceased), Fanny May, Esther Emily, Norman Sydney, Nora Kate, and Roland Horsley: And whereas the said will was, on the tenth day of March, one thousand eight hundred and eighty-seven, proved in the Supreme Court of New South Wales in its ecclesiastical jurisdiction by the said Tenry Cornwell and Edward Henry Weston, the executors named therein: And whereas portion of the lands, hereditaments, and real estate by the said will devised were, at the time of the death of the said Frederick Weston and still are, subject to certain mortgages, charges, and liabilities: And whereas the estate of the said Frederick Weston is almost totally unproductive, and the said Henry Cornwell and Edward Henry Weston have, in consequence, since the death of the said Frederick Weston, been obliged to incur various liabilities in administering the said estate, and in providing for the maintenance and education of the widow and children respectively of the said Frederick Weston, and there being no moneys in hand belonging to or income arising from the said estate of the said Frederick Weston, the testator's said widow and children are at present dependent solely upon the capital of the said estate for maintenance : And whereas the said real estate cannot be sold at the present time except at a great sacrifice and to the very great prejudice of the said widow and children of the said Frederick Weston: And whereas the said will of the said Frederick Weston, deceased, does not give to the trustees or trustee thereof or to any other person any power to mort- gage, pledge, or otherwise charge the lands and hereditaments thereby devised, and the said Henry Cornwell and Edward Ilenry Weston are consequently unable to raise moncys in order to provide for the whole e of