Lee and Brady Settlement Act of 1893 56 Vic (NSW)

Le: asoBeam An Act to enable the trustees for the time being of a certain settlement made by William Lee and Maria Brady, and dated the twelfth dav of June, one thousand eight hundred and sixt v-one,to effect sales, mort- eages, leases, and exchanges of the lands and hereditaments comprised i in or subject to the trusts of the said settlement. [7th June, 1893. ]

Preamble. HEREAS by an indenture dated the twenty-seventh day of October, one thousand eight hundred and forty-three, and

made between William Lee therein deseribed of the first' part, Mary, the wife of the said William Lee, of the second part, John Dargin and Thomas Kite of the third part, and James William Bligh cf the fourth part for the considerations therein expressed, the several parcels of land and hereditaments particularly described in the First Schedule hereto were (infer alia) released and confirmed unto and to the use of the said John Dargin and Thomas Kite, their heirs and assigns, wpon trust when and so soon as Maria Brady and Elizabeth Lord (then Maria Lee and Elizabeth Tec) should severally and respectively attain the age of twenty-one years or marry (events which have happencd), as to one moicty or half part of the said lands and hereditaments for the said Maria Brady, her heirs and assigns, and as to the other moiety for the said Elizabeth Lord, her heirs and assigns; and to convey and assure the same to the said Maria Brady and Elizabeth Lord, their heirs and assigns respectively, as tenants in common: .And whereas by an indenture dated the fifth day of April, one thousand eight hundred and sixty-one, and made between James Brady of the first

part,

1893. 56° VIC.

Lee and Brady dy Settlement.

part, the said Maria Brady of the second part, the said William Lee of the third part, and the said John Dargin and Thomas Nite of the fourth part, after reciting the hereinbefore recited indenture of the twenty-seventh day of October, one thousand eight hundred and forty- three, and that the said Mary Lee was then living, and that the said Maria Lee was then the wile of the said James Brady, and had issue by the said James Brady; and that the said Elizabeth Lee was then the wife of the said George William Lord (in the said indenture called xeorge Lord), and had issue by the said George William Lord; and that the said James Brady was, by virtue of his said marriage with the said Maria Lee and of his having issue by her, entitled during the joint lives of him and his said wife to the rents of one undivided moiety of the said several parcels of land and hereditaments (particularly described in the said First Schedule hereto), and to an estate for life in the said moiety in the event of his surviving his said wile; and that the said William Lee had contracted with the said James Brady for the absolute parchase of the said estate and interest of the said James Brady of and in the said several lands and hereditaments for the sum of five hundred pounds, and that the said parties thereto were desirous of having the said hereditaments settled to the uses thereinafter declared, it was witnessed that in pursuance of such desire and in consideration of the natural love and affection which the said William 'Lee had and bore to his said daughter Maria Brady, and in con- sideration of five hundred pounds to the said James Brady, paid by the said William Lee, the said James Brady, at the request of and by the direction of the said Wiiliam Lee, did surrender and yield up unto the said John Dargin and Thomas Kite, their heirs and assigns, and did also direct and appoint; and the said Maria Brady did direet and appoint according to their several and respective estates, rights, and interests therein the one undivided moiety of her the said Maria Brady of and in the said lands in the First Schedule hereto par- ticularly described unto the said John Dargin and Thomas Kite, their heirs and assigns, to such uses, upon such trusts, and for such ends, intents, and purposes as the said Maria Brady should by any deed, or by her last will and testament, and notwithst: nding coverture, direct, limit, or appoint, and for want of and until such direction, limitation, or appointment, or so far as the same showd not extend in trust for the said Maria Brady during her life to her sole and separate use, and free from the debts, 'control, interferenee, or engagements of her then present or any futare husband : And whereas the estate of the said James Brady was by an order of the Supreme Court of New South Wales, bearing date the first. day of June, one thousand cight hundred and sixty-one, duly placed under sequestration according to law, and Frederick William Perry was duly appointed the official assignee of the said insolvent estate: And whereas by an indenture, dated the twelfth day of June, one thousaad eight hundred and sixty-one, and made between the said William Lee of the first part, the said John Dargin and 'Thomas Kite of the second part, the said John Lee and George Lee of the third part, and the said Maria Brady of the fourth part, it is witnessed that for the considerations therein expressed the said Maria Brady, in pursuance and performance of the power of appointment to her given and limited by the said recited indenture of the fifth day of April, one thousand eight hundred and sixty-one, did appoint, and the said John Dargin and Thomas Kite did release unto the said John Lee and George Lee, their heirs and assigns, the said moiety to which she, the said Maria Brady, was so entitled under the said recited indentures of the tw enty-seventh day of October, one thousand eight hundred and forty- three, and the fifth day of April, one thousand eight hundred and. sixty-one, as aforesaid, to hold the same