An Act to vest in the Crown certain lands held in trust for the erection and endowment of a hospital under the will of the late David Berry and certain other lands, and for dealing with such lands and the proceeds and revenues thereof; to provide for making certain payments in respect thereof; to provide for the establishment and maintenance by the Crown of a public hospital at or near the township of Berry to be called the “David Berry Hospital”, and subject thereto of technical and agricultural colleges and other institutions for the promotion of agricultural and veterinary science; and for purposes consequent thereon or incidental thereto.
WHEREAS David Berry, late of Coolangatta, duly made his will, dated the twenty-third day of September, one thousand eight hundred and eighty-nine, whereof he appointed John Hay and the Honorable James Norton trustees and executors, and whereby he directed his said trustees to set apart the sum of one hundred thousand pounds for the purpose of erecting and endowing a hospital for non-infectious diseases for the benefit particularly of inhabitants of Broughton Creek and the district of Shoalhaven, and generally of all persons to whom it might be accessible, and for the purpose aforesaid his said trustees were authorised to pay the said sum into the hands of other trustees to be selected and appointed by them, and to grant all necessary powers for the establishment and management of the said hospital, including the appointment from time to time of officers and of new trustees whenever vacancies might occur through death, resignation, incapacity or otherwise, and including the making of all necessary by-laws: And after making certain further bequests and devises, and giving certain directions, the said testator charged all the residue of his real and personal estate in his said will now in recital, not therein disposed of, with, inter alia, all moneys directed by his said will to be expended or appropriated by his said trustees; and the said testator appointed, devised, and bequeathed unto his said trustees and their heirs, executors, administrators, and assigns, all other real and personal estate which he had power to dispose of by will upon trust to collect, sell, and dispose of in the same manner specified in his said will, but declared that his said trustees should be at liberty to postpone the sale or realisation of any part of the same so long as they should think fit; and the said testator declared that as he was anxious to prevent any disputes or litigation from arising after his death in consequence of any real or supposed obscurity in his said will, or otherwise in connection with his estate, he constituted his said trustees sole judges of the meaning and intent of his said will and of all questions in respect of which disputes might arise, and any person or persons or corporate or other body who should institute legal or other proceedings for the purpose of questioning or impugning any decision arrived…