George Hill's Estate Act of 1894 58 Vic (NSW)

Grorce HiLy's Estate.

Preamble.

Ww EREAS George Hill, late of Surry Hills, in the city of Sydney,

dated the thirteenth day of December, one thousand eight hundred anc seventy-nine, and thereby gave and devised all his 'real estate unto and to the use of his wife Jane Hill, his daughter Florence Hill, and his sons William Charles Hill and Sydney Smith Hall, their heirs anc assigns, upon trust that his trustees should permit and suffer his saic wife during her life to occupy the dwelling-house in which the testator at the time of making his will resided ex any other one of his dwelling-houses his said wife might select, and upon trust out of the rents and profits of the residue of lis real estate to raise anc

An Act to enable the trustees for the time-

being of the Will of the late George Hill, deceased,to purchase, mortgage, and grant leases of lands; to provide for the applica- tion of the moneys borrowed on mortgage and of the rents and profits arising from leases; and for other purposes. [20th Decenber, 1894. |

in the Colony of New South W ales, duiy made his last wil

pay

1894. 58' VIC.

Goon ge 1 Hill's Estate.

pay to his said wife an annuity of five hundred pounds a year for and during the remainder of her life: And as to the real estate devised to the testator by the will of the late Patrick Moore and his interest therein, the testator directed his trustees or trustee to receive the rents and profits thereof during the life of his said wife, and until his youngest child should attain the age of twenty-one years, and until the undivided third part or share in 'the said Patrick' Moore's estate devised to Patrick Moore, of Cook's River, for life should be vested in some person or persons who should be in a position to agree with the testator's trustees or trustee for a partition of the said lands, and to exceute all necessary conveyances upon such partition: And the testator directed his trustees or trustec after the death of his said wife, and atter the coming of age of his said youngest child, so soon as the said undivided third part or share in the said estate should be vested in a person or persons able to agree to and exccute the necessary conveyances upon the partition to arrange and agree with such person or persons for a partition, of the said estate, and as to the rents and other annual proceeds arising irom any estate or interest in the two undivided third parts or shares in the said lands to which the testator was entitled under the said will of Patrick Moore, the testator directed that the same should be received by his trustees or trustee, and applied in and about the necessary reparation and maintenance and insurance of the buildings thereon, and that the balance remaining after such payments should go to and form part of the rents of the testator's real estate until division of his residuary personal estate, and the other portion of his real estate as in the said will mentioned, and the testator declared that after such last-mentioned division, and until a partition could and should be made, his trustees or trustee should stand. possessed of the rents which should arise from the said lands left to him hy the said Patrick Moove upon trust thereout to repair and upe old the buildings upon the said land, and to divide the surplus yearly in equal shares amongst each of the testator's children, excepting 'Mi: ary, the wife of Fitawilliam Wentworth, and Alice, the wife of William Cooper, and Sophia, the wife of James Hill, as should then be living, or shoukl have died leaving issue, him or her surviving, such issue to take per stirpes and not per capita, and from and immediately after a partition of the said lands should have been made upon trust to sell and dispose of as in the said will mentioned, all such portion of the said Jands as upon such partition should be allotted and conveyed to his trustees or trustee, and the testator declared that his trustees or trustee should stand possessed of the moncy to arise from such sale upon trust, firstly, to pay the costs of and attending such partition and such sale, and secondly, upon trust to invest the balance and to pay tho interest, dividends, and income arising therefrom unto the testators said children, including the said Mary, the wife of the said Fitzwilliam Wentworth, and Alice, the wife of the said William Cooper, and Sophia, the wife of the said James Ii], in equal shares during their life, and after the death of any of them leaving issue to divide the said balance equally among such issue, taking per stirpes and not per capita. And the testator declared that if any of his sons should become insolvent, or take the benefit of any Act for the relief of insolvent debtors, or assign his estate for the benefit of his creditors, or eneumber, alien, dispose of, convey, or assign the share by his will devised and bequeathed to such son, or any part thereof, such share should forth- with be vested in, and the testator thereby devised and bequeathed the snme to his trustees during the life of such son, upon trust for the wife of such son during her life, and after her decease for the child or childzen of such son, if more than one in equal shares. And if, ou the happening of any such event, there should be no wife or no child of