Archibald Thompson's Trust Estate Act (1880 No att) (NSW)

An Act to enable the Trustee of the Will of the late Archibald Thompson to invest the personalty in building upon and improving the Real Estate devised by the said Will. [7th May, 1880.]

WH E R E A S Archibald Thompson late of Sydney in t h e Colony of wil l and t es tament bear ing date t he s ixteenth day of October one N e w South Wales Esqu i re du ly made and executed his last
thousand e ight hund red and seventy-eight and the reby appointed Stephen Campbel l Brown and Thomas Thompson the Trustees of his said will and devised and bequea thed all his real and personal estate to his said Trustees upon t rus t to convert his personal estate and to s tand possessed thereof upon t ru s t after p a y m e n t of his debts and legacies to inves t t he same upon real or Gove rnmen t securities in N e w South W a l e s or in t he stocks shares or debentures of any publ ic Company except mil l ing Companies and the said tes ta tor declared t h a t t h e said Trustees should stand seized and possessed of his real estate and all such stocks funds and securities as aforesaid upon t ru s t to divide t h e a n n u a l income equal ly share and share al ike to and a m o n g his wife J a n e Thompson and all his children and the issue of any deceased child or chi ldren d u r i n g the i r respective lives or un t i l t he

final dis t r ibut ion of t h e said estate as the re in provided A n d after t h e

decease of all his chi ldren t hen as to t he corpus of his t r u s t estate and all income since t h e last division of income in t r u s t for t h e issue of such of his chi ldren as should have left issue l iv ing a t t he period of final d is t r ibut ion such issue to t ake as tenants in common per stirpes

unde r t he said wil l t h a t pa r t of t he said personal es ta te should be invested in erect ing dwell ing-houses and bui ld ings on t h e said piece of	l and
as there in provided	A n d whereas t he said Archibald Thompson	died

on the twenty-second day of F e b r u a r y one thousand e ight h u n d r e d and seventy-nine leaving h im surviving his wife J a n e Thompson and eleven chi ldren n ine of w h o m are unde r the age of twenty-one years A n d whereas probate of the said will was gran ted to the said Thomas Thompson on the four th day of Apr i l one thousand e ight h u n d r e d and seventy-nine A n d whereas t h e said S tephen Campbel l Brown has duly renounced and disclaimed the estates interests and t rus ts of t h e said will A n d whereas t he balance of t h e personal estate of t he said

tes ta tor after p a y m e n t of debts and legacies now amoun t s to t he s u m

of four thousand seven hund red pounds or thereabouts A n d whereas p a r t of t he real estate of t h e said tes ta tor consists of a piece of vacan t land a t Redfe rn near Sydney aforesaid (which is more par t icu lar ly described in t h e schedule hereto) which is sui table for bu i ld ing pur ­

poses A n d whereas it would be beneficial to all part ies interested

land and in improving and laying out t h e same h u t the re is no power in t he said wil l for t he t rus tee so to invest t h e said personal estate A n d whereas ano the r pa r t of t he said rea l estate consists of a piece of land a t Redfern aforesaid adjoining t h e piece of land hereinbefore ment ioned on which is erected a co t tage k n o w n as Red fe rn Lodge A n d whereas it would be beneficial to al l parties in teres ted u n d e r t h e said will t h a t pa r t of t he said personal es ta te should be invested in a l te r ing and adding to t he said cot tage so as to obtain a h igher r en ta l therefor b u t t he re is no power in t h e said will for t he said t rus tee so to invest t h e said personal es ta te Be i t therefore enacted b y the Queen ' s Mos t Exce l l en t Majesty by and wi th t h e advice and consent of t h e Legis la t ive Counci l and Legis la t ive Assembly of N e w South Wales in

P a r l i a m e n t assembled and b y the au thor i ty of t he same as follows :—

1. I t shall be lawful for t he said Thomas Thompson or the t rus tee or t rus tees for t h e t ime be ing of t h e said will of t h e said Arch iba ld Thompson to invest t h e said personal es ta te of t h e said tes tator or any p a r t thereof in erect ing dwelling-houses and bui ld ings on the said piece of vacan t land described in t h e Schedule here to and in improv ing and laying out t h e said piece of l and and in a l t e r ing and adding to t he said co t tage k n o w n as Redfern Lodge.

2. Al l moneys so invested shal l be subject to the t rus t s in t h e said will declared concern ing the said real estate of t h e said tes ta tor .

3. This A c t shal l he s tyled a n d m a y be cited as " Archibald

Thompson ' s T rus t E s t a t e A c t . "

S C H E D U L E .

Description of Land adjoining Redfern Lodge.

All t h a t piece or parcel of land port ion of t he la te Archibald Thompson 's land

s i tua te in P i t t - s t r ee t Redfern County of Cumber land Colony of New Sou th W a l e s commencing at t he building-line on the wes te rn side of P i t t - s t r ee t a t the south corner of dwarf wall and iron ra i l ing in f ron t of Redfern Lodge and bounded on the east by t h e said side of P i t t - s t r ee t by a l ine in a souther ly direction one hundred and twen ty feet

on t he south side by a l ine in a wester ly direct ion one h u n d r e d and twen ty - th ree feet six

inches on the west side by a l ine in a nor the r ly direct ion one hundred and t w e n t y feet

and on t h e n o r t h side by a l ine in an easter ly direction along the south wall of	E e d f e r n
Lodge one hundred and twen ty - th ree feet six inches t o t h e poin t of	commencement .