Wentworth Estate Partition Act 1919 (NSW)

Wentworth Estate Partition Act.

WENTWORTID ESTATE PARTITION ACT,

An Act to make effectual an Indenture of Partition, george v,

dated the twenty-second day of September, one thousand cight hundred and. fifty-one, prepared for the purpose of carrying into effect a Decree of the Supreme Court of New South Wales in its Fquitable Jurisdiction dated the twelfth day of December, one thousand cight hundred and fifty, whereby the said court confirmed a partition of certain lands devised by the will of the late Darcey Wentworth, situated in the districts of Mawarra, Appin, and Bankstown, in the State of New South Wales. [Assented to, 29th December, 1919.]

Wwreeras Darey Wentworth, late of Homebush, / in the Colony of New South Wales, on the fifth day of July, one thousand cight hundred and twenty- seven, duly made, signed, and published his last will and testament in writing of that date, whereby reciting that he was possessed of extensive real estates which he was desirous of bequeathing to his children in such manner as that the same should be enjoyed by them respectively only for and during the period of their natural lives, in order therefore to limit the same strictly in entail to them his said children, and to the several and respective heirs of their bodies respectively, the said testator gave, devised, and bequeathed the whole of his property, real, personal, and mixed, wheresoever the same might be situate, except as thereinafter was excepted, unto his friends John Thomas Campbell, William Lawson, William Redfern, Esquires, and unto his the said testator's son William Charles Wentworth, Esquire, their heirs, executors, administrators, and assigns, according

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Wentworth Estate Partition Act.

George V. according to the respective nature and quality thereof

To have' and to hold his the said testator's said real personal and mixed estate to them his the said testator's said trustees and the survivor of them, and the heirs, executors, administrators, and assigns of such survivor In trust nevertheless to and for the uses, intents, and purposes following, that was to say (aftcr devising certain legacies and annuities and declaring certain trusts in respect thereof) Upon trust to allow his, the said testator's said son William Charles Wentworth to have, possess, and enjoy certain of his the said testator's estates and property in the said will particularly mentioned and described, the said William Charles Wentworth to possess and enjoy the said estates, hereditaments and premises respectively, and every part and parcel thereof for and during the term of his natural life, and from and after his decease the same to go and descend to his first and other sons and daughters in tail in the order of primogeniture, males to be preferred to females, and to the several and respective heirs of their bodies so as that each possessor should take only a life estate and interest in the same. And in the event of the said William Charles Wentworth's decease without issue then the said testator gave and devised his said estates to his said trustees and their heirs in trust to allow his the said testator's other children thercinafter mentioned to possess and enjoy the same, strictly limited to life interest and entail to each of them respectively in the order of primogeniture, males to be preferred to females, in the order in the said will particularly mentioned, it being distinctly understood that the estate he then devised to his said son William Charles Wentworth was in full compensation for the one thousand acres of land granted to him at IMawarra or the Five Islands. And (after certain devises and declarations of trust in favour of his son Darcy Wentworth) upon further trust to allow his the said testator's children Martha, Sophia, Robert, Mary Anne, and Katherine to possess and enjoy the whole of his the said testator's Illawarra estate (including certain lands at Liverpool and Appin and the said one thousand acres of land so granted to the said William Charles Wentworth as aforesaid), being the lands mentioned and described in the First Schedule