Paton's Settlement Act of 1900 (NSW)

Act, 1900. 45

Paton's Settlement.

An Act to authorise and enable the trustee —, Pars or trustees for the time being of a cer- — tain indenture of settlement bearing date the twenty-second day of November, one thousand eight hundred and sixty-one, made between Theophilus Paton of the first part, Mary Ann Paton (then Mary Ann Allison) of the second part, and the Reverend John Dunmore Lang and Robert Watson of the third part; and under a certain instrument of transfer under the Real Property Act dated the fifth day of November, one thousand eight hundred and ninety-four; and under a certain declaration of trust dated the twenty- second day of April, one thousand eight hundred and ninety-five, under the hands and seals of Henry Elliott and Andrew Fenwick, to obtain payment out of Court of certain money now standing to the credit of the said trust estate in the Supreme Court of New South Wales, in its cquitable jurisdiction ; and to provide for making certain payments thereout; and for the investment of the balance thereof; and to declare and deter- mine the trusts thereof; and to provide for the ultimate distribution thereof; and for other purposes. [5th November, 1900. ]

HIEREAS in and previously to the year one thousand eight Preamble. hundred and sixty-one Theophilus Paton of Sydney, in the

Colony of New South Wales, was scised of ar well entitled to the equity

of redemption in and to certain lands, tenements, and hereditaments, more

46:

Act, 1900.

Paton's Settlement.

more particularly described in Schedule A to this Act, subject to a mort- gage over the said lands, tenements, and hereditaments to Adolphus William Young, to secure the payment of the sum of one thousand pounds and interest: And whereas by an indenture of marriage settlement, dated the twenty-second day of November, one thousand eight hundred and sixty-one, made between the said Theophilus Paton of the first part, Mary Ann Paton (then Mary Ann Allison) of the second part, and the Reverend John Dunmore Lang and Robert Watson, trustees, of the third part, the said lands, tenements, and hereditaments were conveyed to the said trustees subject to the said mortgage upon trust from and after the solemnisation of the marriage hetween the said Theophilus Paton and Mary Ann Paton, which took place on the twenty-sixth day of November, one thousand eight hundred and sixty-one, to receive the rents, profits, and proceeds thereof and to pay the same to the said Mary Ann Paton during her life for her sole and separate use, without power of anticipation, subject to her maintaining and educating thereout every child of the said marriage, and on the decease of the said Mary Ann Paton to pay the said rents, proceeds, and profits to the said Theophilus Paton for his life, and from and after his decease to apply the said rents, profits, and proceeds to the support, maintenance, and education of every such child of the said marriage until the youngest child should attain the age of twenty-one years, or being a daughter should marry under that age; and upon that complete event, upon trust, to sell and dispose of the said land, and to divide and pay over the proceeds equally share and share alike to between and among such children then living, and the child or the children per stirpes of any of such children who might have died leaving lawful issue: And whereas there were issue of the said marriage eleven children and no more, namely :—Theophilus James Paton, Claude Stephen Paton, George Kerr Paton, Maude Helen Elliott (formerly Mande Helen Paton),now the wife of James Augustus Elliott, of Rockhampton, Queensland, Ernest David Paton, and Arthur Lang Paton (hereinafter called '' the adult beneficiaries,'') and Eva Gertrude Paton, Herbert Septimus Paton, and John Robert Paton (hereinafter called '' the infant beneficiaries,'') the last three being infants who are now living, and Bertha Alice Paton, born in the year one thousand eight hundred and seventy-six, and died in January, one thousand eight hun- dred and seventy-eight, aged about eighteen months, and John Dunmore Paton, born in April, one thousand eight hundred and seventy-eight, and died in October, one thousand eight hundred and seventy-eight: And whereas the said Reverend John Dunmore Lang died in the year one thousand eight hundred and seventy-eight, and by a deed dated the fifteenth day of February, one thousand eight hundred and eighty-three, the said Mary Ann Paton appointed the said Theophilus Paton a trustee in his place and stead under and by virtue of a power contained in the seid settlement: And whereas the said Robert Watson died on the fifth