Bell’s Estate Act 1886 No bel (NSW)

An Act to enable El izabeth Bell and Richard Holds wor th or other the Trus tees or Trus tee for the t ime being of the will of the late H e n r y Bell to m a k e leases of cer ta in he red i t amen t s devised by the said will. [30th July, 1880.]

WH E R E A S thousand e ight hund red and e ighty-one and the reby after cer tain du ly m a d e his will dated t h e first day of F e b r u a r y one

H e n r y Bell la te of Rose H a l l Da r l i nghu r s t Sydney

A n n i e A u g u s t a Bel l should m a r r y to pay annua l ly to he r in a similar way a similar sum of four hund red pounds and to pay the residue of t he rents and income of t h e said proper ty ( including un t i l t he marriage; of t he said Annie A u g u s t a Bell such las t -ment ioned year ly sum of four hund red pounds) to his said wife du r ing her life and after her dea th

specific devises and bequests gave all t he rest residue and remainder of his estate and effects real and personal u n t o his Trus tees therein­ after n a m e d be ing his wife t he abovenamed El izabeth Bell and R icha rd Holdswor th the i r heirs executors adminis t ra tors and assigns

according to t h e n a t u r e a n d t e n u r e thereof As to all t h a t his proper ty

s i tuate in P i t t - s t r ee t Sydney k n o w n as Bell 's Chambers upon t rus t to m a n a g e and receive the rents and profits thereof dur ing the life of his said wife and to pay the reou t t h e s u m of four hund red pounds annua l ly as the re in ment ioned to his d a u g h t e r Florence J e a n e t t e

K i t c h i n g the wife of Charles Wil l iam Ross K i t c h i n g a l i e u t e n a n t in

t he R o y a l M a r i n e L i g h t I n f a n t r y n e x t w h e n and in case his daugh te r

dea th t h e n upon t rus t to pay the whole of t h e ren t s and income arising from t h e said proper ty k n o w n as Bell 's Chambers and divide t h e same equal ly be tween his said two daugh te r s F lorence J e a n e t t e K i t c h i n g and Ann ie A u g u s t a Bel l du r ing the i r respective lives and upon the dea th of each of t h e m t h e n as to one moie ty of the said proper ty to hold t h e same upon t ru s t for t h e child if only one or chi ldren if more t h a n one of t he daugh te r of t h e tes ta tor so dy ing absolutely

if more t h a n one as t enan t s in common b u t in case t h e d a u g h t e r

of t h e said tes ta tor so dy ing should die w i t h o u t leaving issue he r

surviving t h e n to hold t h e ent i re ty of t he said proper ty upon t ru s t for t h e survivor of h i s said two daughte rs for life a n d after her dea th for he r child or chi ldren absolute ly in t h e same m a n n e r as t he re ­ inbefore provided as to a moie ty thereof and in case b o t h his said daugh te r s should die w i t h o u t leaving issue t h e m respectively surviving t hen his said p roper ty k n o w n as Bell 's Chambers should fall in to a n d become p a r t of t h e residue of his said res iduary real a n d personal estate A n d as to his freehold p roper ty a t or near D a r l i n g H a r b o u r

Sydney aforesaid k n o w n as R y a n ' s (Dixon-street) con ta in ing abou t one

acre and th ree quar te rs—as Zol lner ' s Galvanized I r o n W o r k s conta in­ ing abou t two roods and e ight perches—also a bu i ld ing k n o w n as D a r l i n g Brewery let on lease to Mr . Toohey—also stores recent ly bu rned and k n o w n as L a r k i n ' s P roduce Stores s i tua ted in H a r b o u r - s t reet—also a block of land in Fac tory-s t ree t opposite Zol lner ' s Stores —also a block of l and a t t h e corner of Fac to ry and Dixon Streets and let on lease to Mr . D u n k as a t imber -ya rd—and all o ther houses l and

or premises s i tuated near t he propert ies j u s t enumera ted upon t ru s t for

t he t es ta to r ' s said wife for life a n d after he r death upon similar t ru s t s in favour of his two sons Charles Sydney Bell and Francis Lendon Bell respect ively and their respect ive chi ldren wi th similar t rus t s over in case of e i ther dy ing wi thou t leaving issue surviving as were in t he will now in reci ta l before expressed or declared in favour of or respect ing t he tes ta tor ' s two daugh te r s F lo rence J e a n e t t e K i t c h i n g and A n n i e A u g u s t a Bell respec t ing his said p roper ty k n o w n as Bell 's Chambers A n d as to all t h e res t and residue of his said residuary rea l and personal es ta te t he said tes ta tor directed his Trustees to hold t he same upon cer ta in t rus t s in his said will ment ioned A n d the said tes ta tor empowered the said Trustees to let and demise all or any par t of his res iduary real estate for such t e r m or t e rms not exceeding in the case of improved proper ty four teen years and in t he case of vacan t land n ine ty -n ine years upon such t e rms and condit ions as they m i g h t t h i n k

fit such leases to be leases in possession and not in reversion	A n d
whereas t he said tes ta tor died on the twenty-fifth day of F e b r u a r y

one thousand e ight hund red and eighty-one and his said will was shor t ly after his death du ly proved by his executors t h e said El izabe th Bell and R icha rd Holdswor th before t he Supreme Court of th is Colony in i ts ecclesiastical jur isdic t ion A n d whereas doubts have been en te r ta ined w h e t h e r t h e power of leasing conta ined in t h e said will ex tends to t h e propert ies devised in t he m a n n e r hereinbefore reci ted for t he benefit of t h e said tes ta tor ' s two daugh te r s and the i r respect ive issue and his two sons and the i r respect ive issue and i t is expedient and all adu l t part ies beneficially in teres ted are desirous t h a t t he Trus tees of t he said will should have such powers of leasing a n d deal ing wi th t h e said propert ies as are hereaf ter contained Be i t

therefore enac ted by the Queen ' s Most Exce l l en t Majesty b y a n d

wi th the advice and consent of t he Legis la t ive Council and Legis la t ive

Assembly of N e w South Wales in Pa r l i amen t	assembled and by	t h e
au tho r i t y of t h e same as follows :—
1. I t shal l be lawful for t h e said El izabeth Bel l and Richard Ho ldswor th or t h e survivor of t h e m or o ther t he Trus tees	or	Trus tee

for

for t he t ime be ing of t he will of t he said H e n r y Bell wi th t he consent

in wr i t i ng of the respective t enan t s for life du r ing the i r respective lives and af terwards a t t he discretion of: t h e Trustees to demise all or any portion of t he hered i taments described in t he Schedules A and B here to for any t e r m of years not exceeding seven years to t ake effect in possession or wi th in six ca lendar mon ths from the da te of t h e lease so as there be reserved the best yearly ren t or ren t s t h a t can reasonably be got ten wi thou t t ak ing a n y t h i n g in the n a t u r e of a fine or p r e m i u m and so as the re bo contained in every such lease a condit ion of re -en t ry for non-paymen t wi th in a reasonable t ime to be there in specified of the ren t or r en t s thereby reserved and so as t he lessee or lessees do execute a counte rpar t thereof and do thereby covenant for the due p a y m e n t of t h e r en t or rents thereby reserved.

2. I t shall also be lawful for t he said El izabe th Bell and R i c h a r d Holdswor th and the; survivor of t h e m or o ther the Trus tees or Trustee for t he t ime being of t he will of the said H e n r y Bell witli such consent or at such discretion as aforesaid to demise all or any p a r t of t he hered i taments and premises described in Schedule B except port ions n u m b e r s th ree a n d five to any person or persons who shall improve the same by erect ing or bu i ld ing thereon any new house erect ion or bu i ld ing or by rebu i ld ing repai r ing enlarg ing or improv ing a n y house erection or bu i ld ing t hen s t and ing thereon or by m a k i n g any other subs tant ia l improvements or repairs or shall covenant or am-ee to do so wi th in two years from the da te of such lease together wi th such liberties licenses powers easements and privi leges for or in aid of a n y of t he purposes aforesaid ( including if so t h o u g h t fit l iber ty to appropr ia te any p a r t or par t s of t he said hered i taments for lanes or passages sewers or drains or other works of accommodat ion or con­ venience e i ther to be dedicated to t he publ ic or not) and subject to such exceptions reservat ions restr ict ions covenants and conditions as to t h e said El izabeth Bell and R icha rd Holdswor th or the survivor of t h e m or o ther t he Trustees or Trus tee for t h e t ime be ing shall seem expedien t hav ing regard to the n a t u r e and object of tin; demise so as such demise be n o t for a t e r m exceeding th i r ty - th ree years and so as the re be reserved on every such demise as incident to t he immedia te reversion the bes t year ly r en t or rents c i ther uni form or not t h a t can reasonably be got ten w i thou t t a k i n g a n y t h i n g in t h e na tu re of a fine or p r e m i u m and so as the re bo contained in every such lease a condit ion of re -ent ry for n o n - p a y m e n t wi th in a reasonable t ime to be

lessee or lessees do execute a coun te rpar t thereof a n d do thereby	there in specified of t he ren t or rents thereby reserved and so as the
covenant for the due p a y m e n t of t he r en t or r en t s the reby reserved
and for insurance and repairs .
3. I n case any demise shall be made under e i ther of t he powers conferred by th is A c t on t h e surrender of a former lease or agreement for a lease t he va lue of the lessees in teres t unde r such surrendered lease or agreement m a y be t aken into account in fixing the t e rms ol t h e new lease and no lease made under such c i rcumstances shall by reason of such al lowance be considered as m a d e otherwise t h a n at the
best r e n t w i th in t h e mean ing of this Act .

I . This Ac t m a y be cited for all purposes as " Bell 's Es ta te Act

1886."

S C H E D U L E A .

SCHEDULE A.

BELL'S CHAMBERS PROPERTY.

All t h a t parcel of land s i tua te in the city of Sydney par ish of Sa in t J a m e s in t he county o f Cumber land and Colony of New South W a l e s being lots one two three and pa r t of lot four as shown on the plan annexed to a cer ta in i n d e n t u r e da ted t he sixth day of J u n e one thousand eight hundred and sixty-one and regis tered N o . 449 book 73

bounded on the east by P i t t - s t r ee t	Commencing a t a point on the west side thereof	being
the nor th -eas te rn corner of Laycock 's p roper ty	( then in t he occupation of Messrs .	M o r t

and Co.) and bear ing nor th t h r e e degrees th i r ty minu te s west seventy-one feet th ree inches on the nor th by a line bear ing westerly sixty-six feet dividing it from other por t ion of lo t four to a lane on the west by t h a t lane bear ing souther ly sixty-five feet t h r ee inches to t he n o r t h e r n boundary of Laycock 's p roper ty aforesaid and on t h e south

by t h a t boundary bear ing eas ter ly to t h e point of commencement .

Also all t h a t parce l of land s i tua te as aforesaid be ing por t ion of lot n u m b e r four

as shown on the p lan a r n e x e d to a cer ta in inden tu re da ted t he th i r t i e th day of May one thousand eight hundred and sixty-one and regis tered No . 187 book 73 bounded on the east by P i t t - s t r ee t Commencing a t a point on the west side thereof d is tant seventy-one feet t h r ee inches nor ther ly from the nor th -eas te rn corner of Laycock ' s p roper ty ( then in t he occupat ion of M o r t and Co.) and bear ing n o r t h th ree degrees th i r ty minu tes west six feet n ine inches to Terry-place on the no r th by Ter ry-p lace westerly sixty-six feet to its junc t ion with a lane on the west by the said lane ( twen ty feet wide) bear ing souther ly six feet n ine inches and on the south by a l ine bear ing eas te r ly dividing it from other por t ion of lot number four to t h e point of commencement .

S C H E D U L E B .

D A i i i . T X f i H A H B O U B PROPERTY.

1. All t h a t piece or parcel of land s i tua te in the said city of Sydney Commencing

a t the nor th-eas t corner on the west side of Dickson-s t ree t a t the south-west corner of a l lo tment n u m b e r four according to the plan of subdivision of Dickson ' s g r a n t and bounded on the no r th by the sou th boundary of t h a t a l lo tment bear ing west one degree nor th sixty-five links and by a fu r the r prolongat ion of the same bear ing wester ly seven chains for ty-seven l inks on the west by the waters of Dar l ing Harbour bear ing south eleven degrees east ninety-five links thence south for ty- three degrees east one chain th i r ty - th ree l inks thence east four degrees south two chains seventy-five l inks and lastly sou th sixty l inks to t he intersect ion of a line which is a p ro longa t ion westerly of the south bounda ry of a l lo tment n u m b e r one on the south by the aforesaid pro longat ion of and by the south boundary of a l lo tment n u m b e r one in an easter ly direction to Diekson- s t ree t and on the east by the west side of Dickson-s t ree t bear ing nor th eighteen degrees for ty minu tes east two chains seventy- three l inks to the point of commencement .

2. Also all t ha t parcel of land s i tua te in the parish of Saint Andrew in t he said city of Sydney conta ining by admeasurement th i r ty - th ree perches and qua r t e r of a perch be ing por t ion of a g ran t to J o h n Dickson Commencing a t the in tersect ion of t he east side of Ha rbou r - s t r e e t wi th t he south side of a reserved lane twelve feet wide and	bounded on the west by t he east side of Ha rbour - s t r ee t bear ing sou th four degrees t h r e e
minu te s east sixty-two feet ten inches to t he nor th-west corner of a l lo tment A 10 of t he
p rope r ty of David Dickson on the south by the south side of the south wall of t he s tores erected on a l lo tment B 10 of the p rope r ty of J a m e s Dickson bear ing easterly eighty-two feet eight inches to t he no r th -wes t corner of the mill erected on a l lo tment A 10 of t he
p r o p e r t y of David Dickson again on t h e east by a line bear ing no r the r ly one foot one
and a half inches to t he cen t re of the said wall of t he s tores erected on a l lo tment B 10 of t he p roper ty of James Dickson again on the south by the cen t r e of t h e said wall bear ing easter ly thirty-five feet four inches to the west side of W i n t e r u p and Oliver 's purchase on the east by the west side of W i n t e r u p and Oliver 's purchase bea r ing nor ther ly sixty-four feet to the nor th-wes t corner thereof again on the south by the n o r t h bounda ry of W i n t e r u p and Oliver 's purchase bear ing easterly twenty-s ix feet n ine inches to the west side of Dickson-s t ree t Eas t again on the east by t he west side of Dickson-s t ree t Eas t bear ing no r t h fifteen degrees sixteen minutes west for ty- three feet to t he south-east co rne r of a l lo tment A 11 of t he p rope r ty of David Dickson on t h e no r th by a fence bear ing wester ly twenty-five feet t en inches to the nor th-eas t corner of t he stores a t p resent the p rope r ty of J a m e s Dickson again on the nor th by the n o r t h side of the wall of t he said s tores bear ing westerly twenty-five feet to t h e nor th -wes t corner thereof again on the west by the west side of t he wall of t h e said s tores bear ing souther ly twenty-e igh t feet six inches to t he south-east ex t remi ty of a reserved lane twelve feet wide and again on t h e n o r t h by the south side of the said reserved lane bea r ing west seven degrees fifty-eight minutes south seventy-five feet n ine inches to the poin t of commencement bo the said several dimensions a l i t t le more or less.

3. Also all t ha t parcel of land s i tuate in the parish of Saint Andrew in t he said
city of Sydney containing by admeasuremen t two roods and seven and a half perches

being a por t ion of the late J o h n Dickson 's g ran t of fifteen acres t h r ee roods and four

perches dated eighth March one thousand eight hundred and th i r ty-one Commencing a t

t he intersect ion of t he west side of Ha rbour - s t r ee t with the no r th side of Fac tory-s t ree t and bounded on the east by the west side of Harbour - s t ree t bear ing nor th four degrees th ree minutes west one h u n d r e d and eighty-eight feet to t he in tersect ion thereof with t he south side of Pier -s t ree t on the nor th by the south side of Pier -s t ree t bear ing west one degree n ine minu tes south one h u n d r e d and twen ty - two feet t en inches to the nor th­ west corner of the Soap Fac tory lately occupied by "William Allen on the west by the west side of t he said factory abu t t i ng on the waters of Da r l i ng H a r b o u r bearing souther ly one hundred and eighty-seven feet n ine inches to the south-west corner thereof and on the south by the south side of said factory and pa r t of t he n o r t h side of Fac to ry-s t ree t bear ing east two degrees two minutes n o r t h one h u n d r e d and th i r ty - two feet to t he point of commencement be the said several dimensions a l i t t le more or less.

4. Also all t h a t parcel of land s i tuate in the parish of Saint Andrew in the said city of Sydney containing by admeasurement twenty and a qua r t e r perches being allot­ men t s one two and three of section B 5 Commencing a t the in tersect ion of the west side of Diekson-street with the south side of Fac tory-s t ree t bounded on the east by the west side of Diekson-s t reet bear ing south-eas ter ly sixty-five feet to t he nor th -eas t corner of a l lo tment n u m b e r four sold to G. Gardner on the south by the no r th boundarv- l ine of a l lo tment n u m b e r four bear ing westerly seventy-four feet six inches to the east side of a reserved lane twelve feet wide on the west by the east side of the said reserve lane bear­ ing nor th -wes te r ly e ighty- three feet four inches to t he intersect ion thereof with t he south side of Fac to ry - s t r ee t on the north by the south side of Fac tory-s t ree t bear ing easter ly seventy-seven feet six inches to the point of commencement lie the said several dimensions a l i t t le more or less.
5. Also all tha t piece or parcel of land s i tuate in the parish of Saint Andrew in
the said city of Sydney conta ining by admeasurement one rood eight and th ree quar t e r

perches Commencing at a point on the west side of Diekson-s t reet East one h u n d r e d and

twenty- two feet nor th of the intersect ion thereof with t he nor th side of Gou lburn - s t r ee t

W e s t and bounded on the cast by the west side of Diekson-s t ree t Eas t bear ing n o r t h fifteen degrees sixteen minu tes west one hundred and seven feet to t he south-east corner of a port ion of said block A I I sold to Wil l iam Shor t on the nor th by the south boundary- l ine of Shor t ' s purchase bear ing westerly ninety-four feet t h r ee inches to Diekson-s t ree t W e s t on t he nor th-west by Dickson-slreet west bear ing south e ighteen degrees twelve minu tes west twenty feet eight: inches to the intersect ion of the south­ east side of Diekson-street West with t he cast side of Harbour - s t r ee t on the west by t he east side of Ha rbour - s t r ee t bear ing south four degrees th ree minu tes east one hundred and six feet four inches to the intersection thereof with the north side of a reserved lane twelve feet wide on part of the south by the no r th side of the said reserved lane bear ing east seven degrees east fifty-eight minu tes nor th seventy-four feet four inches to the stone wall of Isaac ' s s tore on par t of t he oast by the said stores bear ing nor ther ly sixteen feet six inches to the nor th-wes t corner thereof again on the south by the nor th side of the said s tores bearing eartorly twenty-five feet to the nor th-eas t corner thereof and from thence by a fence bearing easter ly twenty-five feet ten inches to the poin t of commencement be the said several dimensions a l i t t le more or less.

G. Also all t ha t piece of land s i tuate at t he head of Da r l i ng H a r b o u r in the said

city of Sydney and parish of Saint Andrew conta ining fourteen perches or the reabou t s being a l lo tments one two and three of section four del ineated in t he public map of t he said

Freder ick Cape by two several Crown G r a n t s respectively dated the th i r t ie th day	Colony deposited in the office of the Surveyor-Genera l as originally g ran ted to Wil l iam
of March one, thousand eight hundred and seventy-one and regis tered Vol. c x v u r folios 48 and 49.

Saving and except ing out of the said Da r l i ng H a r b o u r p r o p e r t y —

All tha t piece or parcel of land s i tuate in t he said parish of Saint Andrew and city of Sydney Commencing at t he intersect ion of the west side of Harbour - s t ree t with t h e n o r t h side of Pier-street and bounded on the east by the west side of Ha rbour - s t r ee t bear ing nor th two degrees fifty minutes east one hundred and e ight feet on the. nor th by a l ine bear ing west one degree nine minutes south eighty-five feet on the west by a l ine bea r ing south two degrees five minu tes west one hundred and n ine feet six inches to t he in te rsec t ion of the no r th side of Pier -s t ree t on t he south by the no r th side of Pier-s t reet bea r ing east one degree nine minu tes no r th eighty-five feet to t he point of

commencement conta ining by admeasurement th i r ty - th ree and a half perches.

Also all t h a t piece or parcel of land s i tuate as aforesaid Commencing a t a point

on t he wes te rn boundary of Diekson-s t ree t W e s t being the south-eas tern corner of a l lo tment number one of t he subdivision of the Dickson E s t a t e and bounded thence by t h e said bounda ry of Diekson-s t reet bear ing nor th-eas ter ly eighty-two feet eight inches thence by a l ine bear ing south-wester ly n ine ty- four feet to the southern bounda ry of the aforesaid a l lo tment thence by t h a t boundary of a l lo tment bear ing easter ly twenty- th ree feet six inches to the point of commencement conta in ing by admeasu remen t th ree and a half perches and numbered eight on plan being port ions of a l lo tments number s one and two of the subdivision of t he aforesaid estate .

Also

Also call t h a t piece or parcel of land s i tua te as aforesaid being por t ion of a g ran t of fifteen acres th ree roods four perches to J o h n Dickson	Commencing a t the junc t ion
of t he south-eas tern	boundary of Dickson-s t ree t W e s t wi th t he eas te rn bounda ry of

Ha rbou r - s t r e e t and bounded thence by tho said boundary of Dickson-s t ree t W e s t bear ing nor th-eas te r ly twen ty feet eight inches thence by the boundary- l ine dividing tho p rope r ty of Wi l l i am Shor t from land be longing to the Trus tees of the la te H e n r y Bell bear ing nor th-eas te r ly twenty-five feet n ine inches thence by a line para l le l to t he south­ eas te rn boundary of Dickson-s t ree t W e s t bearing south-wester ly eighty-five feet thence by the eas t e rn boundary of H a r b o u r - s t r e e t bear ing no r the r ly fifty-eight feet to t h e po in t of commencement conta in ing four and a half perches n u m b e r e d eight on plan All of which said excepted parcels of land having being conveyed to the Commissioner for Bail ways.