Cox’s Marriage Settlement Act (1864 No cms) (NSW)
An Act to enable the Trustees of a Set t lement made on the Marriage of Charles Clarendon Cox and Louisa Stafford Stuart of certain land near Windsor in the Colony of N e w South Wales called or known as " Clarendon" to sell such land and to make provision for the investment of the proceeds of the sale
thereof. [11th April, 1864.]
WH E R E A S by inden tu re bea r ing date on or about t h e seven t e e n t h day of September in t h e year of our L o r d one thousand e ight h u n d r e d a n d fifty-five and m a d e be tween George Cox a n d El izabe th h is wife of t h e first p a r t Charles Clarendon Cox of t h e second pa r t Louisa Stafford S tua r t of t h e t h i r d p a r t and George H e n r y
known
Cox a n d Clarendon S tua r t ( there in s tyled Trustees) of t h e four th p a r t rec i t ing amongs t other th ings t h a t a Mar r i age was in contempla t ion a n d expected shor t ly to be solemnized between t h e said Charles Clarendon Cox and Louisa Stafford S tua r t A n d rec i t ing t h a t t h e said Char les Clarendon Cox was a son of t h e said George and El izabeth Cox a n d t h a t in t h e t r ea ty for t h e said in tended Mar r i age i t had been
agreed t h a t t h e said George Cox should set t le t h e l ands and here
d i t aments thereinaf ter described in m a n n e r thereinaf ter ment ioned I t is witnessed t h a t in considerat ion of t h e said in tended Mar r i age t h e said George Cox did g r a n t ba rga in sell and release and the said El izabe th Cox did remise release and qui t c la im u n t o the said Trus tees and the i r hei rs all t h a t piece or parcel of land conta in ing by es t ima
t ion two h u n d r e d acres more or less ly ing and s i tuate in t h e Dis t r i c t
of M u l g r a v e P lace in t h e Colony aforesaid bounded on t h e n o r t h by a lagoon on t h e west by G. W . E v a n s on the south by a l ine west e igh t a n d a half degrees south t h i r t y chains and on t h e cast by R o b e r t
Eor res te r t h e said two hund red acres of land being k n o w n b y t h e
n a m e of Cox's F a r m (and which said land and hered i taments are now
k n o w n as or called Clarendon) to hold t he said land and heredi ta m e n t s (subject t o a cer ta in i nden tu re bear ing date seventh day of
| October one thousand e ight h u n d r e d and | fifty-three | and m a d e between |
| t h e said George Cox and El izabeth his wife of t he one p a r t | and | J o h n |
| T ibbu t t of t h e o ther p a r t whereby t h e said land was mor tgaged to | t h e |
said J o h n T ibbu t t for secur ing a cer ta in sum there in n a m e d wi th in teres t ) to t he several uses and upon and for t he several t rus t s in ten t s and purposes thereinaf ter declared t h a t is to say to t h e use of t h e said George Cox a n d his assigns for t h e t e r m of his life and after his decease to t h e use of t h e said Char les Clarendon Cox for life unless and u n t i l he should have become an insolvent unde r any A c t re la t ing to insolvency or should have executed any deed or i n s t r u m e n t for ass igning and conveying his whole es ta te and effects for t he benefit of h i s Creditors A n d from and after t h e decease of t h e said Charles Clarendon Cox or his so becoming an insolvent or execut ing any such deed t h e n to t he use of t he said Trus tees and the i r hei rs upon t ru s t for t h e said Louisa Stafford S tua r t for life and after he r decease t hen upon t ru s t for such one or more child or chi ldren of t he said in tended Mar r i age in such propor t ions and for such estates a n d interes ts and subject to such charges condit ions and l imi ta t ions and in such m a n n e r and form as t he said Charles Clarendon Cox should by any deed or deeds or by his last will d i rect or appoin t and in default of such direct ion or appo in tmen t and so far as any such should no t ex tend t h e n to t h e only child or equally share and share al ike to and amongs t t he chi ldren t h e n l iving and t h e child or t he chi ldren per stirpes of any t h e n dead the share of each such child to become vested a t t he age of twenty-one years or on t h e day of Mar r i age in t he case of any d a u g h t e r and t h e division or par t i t ion to be made on t h e younges t such child a t t a in ing such age of twenty-one years A n d whereas t h e said Char les Clarendon Cox short ly after t h e execut ion of such I n d e n t u r e duly in te r -marr ied wi th t he said Louisa Stafford S t u a r t A n d whereas t he said Louisa Stafford Cox formerly Louisa Stafford S tua r t as aforesaid has depar ted th is life A n d whereas there was issue of t he said Mar r i age only one child namely Louisa El iza Cox a t p resen t an infant of t h e age of seven years or the reabou t A n d whereas t h e said mor tgage referred to in t he said i nden tu re of sett le m e n t has been paid off by t h e said Charles Clarendon Cox and duly released A n d whereas t h e said i nden tu re of se t t lement conta ins no power to or in favour of t h e Trustees or any o ther persons to sell t h e
| a re bui ld ings on the said land or por t ions thereof which are very old said lands and hered i taments the re in comprised A n d whereas the re | and which from t ime to t ime requ i re a great expend i tu re to keep | |||||
| t h e m in repair and t h e said l and is subject to submersion from floods and the same is i l l -adapted for be ing leased by the said Trus tees to advantage and is l ikely as i t a t present s tands to deter iorate in va lue A n d whereas i t is considered t h a t by selling such land and set t l ing t he proceeds ar is ing from the sale thereof u p o n t h e same or similar t r u s t s | ||||||
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| m e n t a n d author iz ing the inves tment of such proceeds in t h e purchase of o ther lands in N e w South Wales or u p o n real or Governmen t secur i ty the re in i t will be considerably to t he advantage of t he said persons beneficially interested there in as aforesaid A n d t h e said Trus tees of such se t t lement and t h e said George Cox and Charles Claren don Cox are desirous t h a t t he said l and should accordingly be sold and the proceeds thereof settled and invested as aforesaid Be i t there fore enacted by the Queen ' s Most Excel len t Majesty by and wi th the advice and consent of t h e Legislat ive Council and Legislat ive Assembly of New South W a l e s in Pa r l i amen t assembled and by t h e au thor i ty of t h e same as fol lows:— |
1. I t shall he lawful for t he said George H e n r y Cox and Clarendon S t u a r t as such Trus tees as aforesaid or t h e Trus tee
or
Trus tees for t h e t ime being of t h e said se t t lement to sell t h e said
land a n d he red i t ament s comprised in t h e said i nden tu r e e i ther by publ ic auc t ion or by pr iva te cont rac t (with full l iber ty to b u y in any such he red i t amen t s a t any such sale by auc t ion and to re-sell t he same) and e i ther in one or more parcels or a l lo tments a n d a t one t i m e or several and wi th such r igh t s of way in a n d over any port ion of such land as he or they shall deem mos t expedient and for such pr ice or prices as can be reasonably obtained for t h e same a n d when sold to convey the same or any p a r t or pa r t s thereof to t h e purchaser or purchasers the i r or his heirs or assigns or to such uses and in such m a n n e r as such purchase r or purchasers m a y direct and the reupon t h e said he red i t aments or such pa r t thereof as shall be so conveyed by t h e said George H e n r y Cox a n d Clarendon S tua r t or t he Trustees or Trus tee for t h e t ime be ing of t he said se t t lement and the legal es ta te the re in shal l vest absolutely in t h e person or persons to whom t h e same shall be so conveyed the i r hei rs and assigns or go and remain to such uses and in such m a n n e r as aforesaid freed a n d dis charged from t h e t rus t s created by the said inden ture .
2. I t shall be lawful for t he said George H e n r y Cox a n d Clarendon S tua r t or t h e Trus tee or Trustees for t h e t ime be ing of t h e said se t t lement to allow to any purchase r or purchasers of t he said land or any p a r t or pa r t s thereof credit for any n u m b e r of years no t exceeding seven years for p a y m e n t of h is or her purchase money or any p a r t thereof upon such t e rms as to in te res t or otherwise as m a y by the said George H e n r y Cox and Clarendon S tua r t or t he Trus tee or Trustees for t h e t ime being of t he said se t t lement be deemed proper Provided t h e l and sold to such purchaser or purchasers shall r emain unconveyed or be mor tgaged or otherwise rendered a securi ty or t he re be o ther proper real securi ty t a k e n for t h e unpa id purchase money aforesaid toge ther wi th in teres t thereon un t i l t he same shal l have been paid.
3 . I t shall be lawful for and i n c u m b e n t on t he said George
H e n r y Cox and Clarendon S tua r t or t h e Trus tee or Trus tees for the t ime be ing of t he said se t t lement from t ime to t ime to invest and re-invest t h e moneys ar is ing from such sale or sales or any invest m e n t s m a d e in pu r suance of th i s A c t e i ther a t in teres t in or upon rea l securit ies or in or upon debentures of t h e Governmen t of N e w South W a l e s or in or u p o n t h e purchase of o ther lands and he red i t aments in
N e w South W a l e s as t h e
said George H e n r y Cox a n d
Clarendon
S tua r t
or t h e Trus tee or Trus tees for t h e t i m e be ing of t he said se t t lement
shall t h i n k fit a n d from t i m e to t ime to sell a l ter va ry and t ranspose any such securit ies or inves tments for others of a l ike n a t u r e A n d all t he powers a n d author i t ies here in conta ined respec t ing t h e land comprised in such se t t lement shal l apply equal ly to all inves tments and re- investments of t h e said t r u s t moneys m a d e in accordance wi th t he provisions of th i s Ac t A n d e i ther or any of t h e modes of invest men t aforesaid shall be deemed and cons t rued to be equal ly in accord ance w i t h t he i n t en t a n d m e a n i n g of t h e said se t t lement and shall be
subject to t h e t r u s t s of t h e said se t t lement so far as such t rus t s shall be applicable there to . 4. This A c t shal l be styled and m a y be ci ted as " Cox's Mar r i age
Se t t l ement A c t . "
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