Whitney Estate Act of 1902 (NSW)

Act, 1902. 8

/ "Whitney state.

An Act to enable the Trustees of the Will of the worsey terre. late William Franklin Whitney to sell, give i credit on sales, mortgage, partition, divide, exchange, lease, evant mining leases, make applications under the Mining on Private Lands Acts, and make applications to bring land under the Real Property Act; and for other purposes. [17th September, 1902. ]

JILEREAS at the respective dates of his will, codicil, and death, Preamble, hereinafter mentioned, William Franklin Whitney, late of Coombing Park, near Carcoar, in the Colony of New South Wales (since deceased), was carrying on the business of coach proprictors, railway contractors, mail contractors, general graziers, and such other matters, including mining, as might be determined, in partnership with James Rutherford, of Bathurst, in the said Colony, under the name or style of " Cobb and Company" : And whereas at the date of the death of the said William Franklin Whitney certain lands anc hereditaments (forming portion of the asscts of the said partnership and more particularly described in the indenture of mortgage next hereinafter mentioned) were subject to an indenture of mortgage, dated the twenty-scventh day of December, one thousand eight hundrec and eighty-nine, made betwecn the said James Rutherford, of the first part, the said William Franklin Whitney, of the second part, anc Walter Russell Hall, of the third part, to secure the repayment of the sum of fifty thousand pounds and interest thercon as therein mentioned: And whereas at the date aforesaid certain other assets of the saic partnership therein more particularly described were subject to a bil of sale and stock mortgage in favour of the said Walter Russell ILall and dated the thirtieth day of June, one thousand cight hundred and ninety-three, to secure the repayment of the sum of thirty thousan¢ pounds, and interest thereon as therein mentioned: And whereas the said William Franklin Whitney duly made and executed his last wil and testament, dated the fourth day of September, one thousand cight hundred and ninety-four, whereby, after appointing his wife, Isabella Whitney, sole exccutrix and trustee thereof, he gave his share in the said business so carried on by him in partnership with the said James Rutherford as aforesaid to his said trustec, Isabella Whitney, upon trust, in the words following, that is to say :—''Upon trust, to convert the same into money, and after such conversion in the first place to hold the sum of two thousand pounds in trust for my son, Glassford Franklin.