Holt's Wingello Estate Act of 1895 59 Vic (NSW)

Hoxt's

Wincecro stare,

Preamble.

59" VIC. 1895.

Hoilt's Wingello Listate.

An Act to rectify a certain indenture of lease dated the third day of November, one thousand eight hundred and cighty-four, and to empower Alfred William Holt, his executors or administrators, to assign or to underlet certain lands and heredita- ments therein comprised without first obtaining a certain license in writing. [22nd November, 1895. |

HEREAS Thomas Molt, late of Bexley, in the county of Kent, England, deceased, was, on the third day of November, one thousand eight undred and cighty- four, and also at the date of his death hereinafter rc cited, duly se ised, possessed of, or otherwise well. entitled to the several lands and hereditaments in the Colony of New South Wales (particulars whereof are respectively set out in the Schedule hereto): And whereas by an indenture of lease, dated the third day of November, one thousand eight hundred and cighty-four, made between the said Thomas Ifolt, his heirs, executors, adminis- trators, and assigns, the lessor of the one part, and Alfred William Holt, of Arthursleigh, near Marulan, in the Colony of New South Wales, his heirs, executors, administrators, and assigns, the lessce of the other part, the said lessor did for the consideration in the said indenture of lease appearing demise and lease unto the said lessee the said lands and hereditaments, to hold the same unto the said lessee for the term of ninety-nine years from the date thercin mentioned, at the yearly rent of one hundred pounds sterling: .And whercas by the said indenture of lease the said lessee covenanted (among other things) that he would not assign or underlet the said premises during the said term without the license of the said lessor in writing in that behalf first had and obtained (which covenant is herein- after referred to as "the said covenant''?): And. whereas the said covenant was introduced into the said indenture of lease by inad- vertence and mistake: And whereas the said lessce was not aware at the time of executing the said indenture of lease, and has only recently ascertained the effect of the said covenant as therein contained: And whereas the said lessee would not have entered into or executed the said indenture of lease if he had known the effect of the said covenant as therein contained: And whereas the said Thomas Holt died on the fifth day of September, one thousand eight hundred and eighty- cight, having duly made and executed his last will and testament, dated the sixth day of March,-one thousand eight hundred and eighty- cight, and a codicil thereto, dated the thirteenth day of March, one thousand eight) hundred and cighty-eight: And whereas by his said will the said Thomas Holt devised the said lands and heredita- ments unto the Australian trustees of that his will and their heirs to the use of the said Alfred William Holt, for his life without impeachment of waste with remainder to use of Claude Alfred Wallis Holt, the first son of the said Alfred William Ifolt, for his life without impeachment of waste with successive remainders in tail male to the use of the first and other sons and the first and other daughters of the said Claude Alfred Wallis Holt, with further successive remainders over in favour of the testators sons and daughters and their respective issue