Fisher Trusts Declaratory Act 1899 (NSW)

An Act to declare the trusts of certain property —risue: revsrs

DrcLaRATORY,

passing under the will of William Charles — Wentworth, late of Vaucluse, near Sydney,

in the Colony of New South Wales, Esquire, deceased, in trust for his daughter Thomasine

Cox Fisher, her husband and children. [29% December, 1899.

V IERUAS William Charles Wentworth, late of Vauchaise, near Preamble. Sydney, in the Colony of New South Wales, but at the date of

his will hereinafter mentioned, residing in England, on the nineteenth

day of October, one thousand cight hundred and seventy, made and

excented his last will and testament by which after giving directions

for payment of his just debts, funeral, and testamentary expenses, and

after making certain specific devises and bequests, and in particular

after dirceting his said trustees with all convenient speed after his

decease to raise from and out of his residuary estates or the procecds

thereof

Act, 1899.

Fisher Trusts Declaratory.

thereof the sum of ten thousand pounds sterling together with interest for the same half-yearly after the rate of six pounds per centum per annum from the date of his death until the actual payment thereof, and to invest the said sum of ten thousand pounds as therein mentioned and to stand possessed of the said sum of ten thousand pounds and the securities for the same and the dividends, interest, and yearly income thereof respectively upon certain trusts for the benefit of the said testator's son D'Arey and the children or child of his said son D' Arey, the said testator declared that if there should be no child or issue of his said son D'Arey who should become entitled to an absolute vested | interest in the said trust premises, then and in such case subject and without prejudice to the trusts thereinbefore declared and to any pay- ment which might be made in pursuance thereof the said sum of ten thousand pounds, and the stock, funds, and securities in or upon which the same should or might be laid out or invested, or so much thereof as might not have been effectually appointed under the powers aforesaid, should sink into and form part of his residuary personal estate and be paid and applied accordingly, and by his now reciting will the said testator gave, devised, limited, and appointed unto his wife Sarah Wentworth, his son Fitzwilliam Wentworth, his son-in-law Jolin Reeve, his son-in-law Thomas John Fisher, and his friends, James Milson and James Alexander (therein and hereafter referred to as "trustees ''), their heirs and assigns, all the rest, residue, and remainder of his messuages, lands, tenements, and hereditaments and real estates in the colony or territory of New South Wales, including his mansion-house, called "* Vaucluse," and the lands within the fences from and after the decease of his said wife and the marriage or death of all his three unmarried daughters, Eliza Sophia Wentworth, Laura Wentworth, and Edith Wentworth, and also including such part of his Vaucluse estate as lies outside the fences thereof, "from and after his (the testator's) death (subject to such leases as might be granted thercof), and including all estates the devises whereof therein contained might lapse or determine by any means whatsoever, and generally all and singular other the messuages, lands, tencments, and hereditaments and real estates whatsoever and wheresoever, either in Great Britain, Australia, or elsewhere, or any estate or interest therein (not therein otherwise disposed of, except such hereditaments as were vested in him as a trustce or mortgagee) with their appurtenances, to hold the same unto and to the use of them his trustees their heirs and assigns for ever, subject and without prejudice to a clause thereinbefore contained restricting the sale of his Vaucluse estate upon trust as soon as conveniently might be after his decease to make sale and absolutely dispose thereof, either altogether or in parcels, and either by public auction or private sale, or partly i in the one mode and partly in the other, and at such price or prices as his trustees or trustee should think