Brodie’s Enabling Act 1900 (NSW)

Act, 1900. 58

Brodie's Enabling.

An Act to authorise the sale, mortgage, and Brooms Evanuse. leasing of certain lands and hereditaments settled by John Brodie and Hen, his wife ; and for other purposes. [5th November, 1900.]

7 HEREAS at the time of the making of the indenture next here- Preamble.

inafter meutioned. John Brodie, of Lane Cove, near Sydney, was seized and possessed for an estate of inheritance in fee simple of the Jands and hereditaments in the First Schedule to this Aet mentioned and described free from encumbrances: And whereas by an indenture hearing date the tenth day of February, one thousand eight hundred and seventy-five, registered as number seven hundred and nine, book one hundred and fifty-three, and made between the said John Brodie of the first part, Kllen Brodie, his wife, of the second part, and Richard Porter of the third part. for the considerations therein mentioned, the said lands and hereditaments with other lands and hereditaments were conveyed and assured to the said Richard Porter, his heirs and assigns, to hold the same with their appurtenances to the said Richard Porter and his heirs. To such uses upon such trusts, and for such ends, intents, and purposes as the said Ellen Brodie notwithstanding coverture should by any deed or deeds appoint, and in default of, and until such appointment, and so far as any such appointment should not extend to the uses therein expressed: And whereas by a further indenture hearing date the twenty- first day of April, one thousand eight hundred and eighty, and made between the said John Brodie and the said Ellen Brodie, his wife, of the first part, and Peter Gilroy and Mary Gilroy, daughter of the said John Brodie, and wife of the said Peter Gilroy, of the second part, and William Foster of the third part, reciting that the said Ellen Brodie, in con- sideration of the natural love and affection which she bore to the said Mary Gilroy, and for divers other good causes and considerations was desirous of conveying and assuring the said lands and hereditaments in the said indenture expressed, it was witnessed that for certain considera- tions therein expressed the said Ellen Brodie thereby appointed that all the said Jands and hereditaments with the appurtenances thereof should thenceforth go and remain to the uses in the said indenture limited, and the said John and Hilen Brodie granted, bargained, sold, aliened, released, and confirmed unto the said William Foster, his heirs and assigns, all the said lands and hereditaments, together with all buildings, privileges, easements, and appurtenances thereto belonging, and the reversions, remainders, rents, and profits thereof, and all the estate, right, title, interest, property, possession, claim, and demand in law and in equity of the said John and Ellen Brodie to and out of the same, to hold the same unto the ssid William Foster and his heirs, to