Dillon's Estate Act of 1884 No dea (NSW)

Ail Act to author ize t he sale of cer tain land devised by Joseph Napoleon Dillon and to provide for the inves tment and appropria­ t ion of the proceeds. [31st October, 1884.]

\ T 1IE11EAS Joseph Napoleon Dil lon la te of Sydney deceased being

\T seised in fee of t h e land described in t h e Schedule here to made
and executed his las t will bear ing date t he seventeenth day of Decem­ ber one thousand e ight h u n d r e d and fifty-two in the Avords folloAving t h a t is to say " T h i s is t he last will and t e s t amen t of m e Joseph N a p o ­ leon Dil lon of Sydney in t he Colony of N e w South Wales gen t l eman be ing of sound and disposing mind memory and unde r s t and ing give and bequea th u n t o m y Avife M a r y A n n after p a y m e n t of m y debts and funera l expenses all my household furn i tu re and effects of Avhat n a t u r e a n d k ind soever I give and devise to m y son J o s e p h Napoleon Dillon all m y r igh t t i t le and in teres t in and to s ixty acres of l and a t Cook's RiAer for t he t e r m of his na tu r a l life t he r en t s and profits of t h e said l and to be applied toAA'ards his ma in tenance and educat ion un t i l he shall ar r ive a t t h e age of tAventy-oUe years and after his death t he said land to go to his chi ldren if any in equal shares as t enan t s in common and in case he shall die w i thou t issue t hen to m y said Avife if she shall survive for he r life and a f t e r her dea th to m y oAvn r igh t heirs A n d

I appoin t m y said Avife execut r ix of this m y will I n tes t imony

Avhcrcof I h a v e he reun to s e t m y h a n d and seal th is scA'enteeth day of December in t h e year of our Lord one thousand e ight hund red and fifty-two" A n d Avhcrcas the said Joseph Napoleon Dil lon departed

t h i s life on or about t h e twen t ie th day of M a y one thousand e ight

hundred and fifty-five wi thou t hav ing al tered or revoked his said will and leaving his said Avife and son h i m s u r v i A u n g A n d A v h c r e a s t h e l and in t h e said will ment ioned be ing the same as is described in t he Schedule here to has been b rough t under t h e provisions of the " R e a l P rope r ty A c t " ( twenty-s ix th Victor ia n u m b e r nine) a n d its amend ing Acts and a certificate for an es ta te for l i f e in respect thereof has issued in favour of Joseph Napoleon Dil lon t h e younger be ing the son of t he said tes ta tor ment ioned in his said will A n d A v h e r e a s t he will contains no

au thor i ty for t h e sale of t h e said land du r ing the son's life A n d it is

impossible; therefore wi thou t t he aid of Pa r l i amen t to sell t he same or to demise it for a longer period t h a n the life of the said s o n in conse­ quence A v h c r c o f t he land cannot be advantageously cul t ivated and it remains unproduc t ive of income A n d whereas i t is impor t an t in the intci'csts of all concerned having t i t le whe the r in possession or pros­ pect ively there in t ha t the whole legal estate in the said land should be ves ted in Trustees to be appointed for the purpose and subject to t he provisions hereinafter expressed to sell t he land and invest and apply t he proceeds of sale as here inaf ter directed E c it therefore enacted by the Q u e e n ' s mos t Exce l l en t Majes ty by and wi th t he advice and consent of t he Legislat ive Council and Legislat ive Assembly of NCAV South Wales in Pa r l i amen t assembled and by the au thor i ty of the same

as fo l loAvs :—•

1. After t h e pass ing of th is A c t t h e AA'hole legal es ta te of a n d

in the land devised by t h e aforesaid will shall for t he purposes of th is A c t vest in Gerald Eoss Campbel l of Sydney in t h e Colony aforesaid barristcr-at-kvw and J o h n MacDona ld of t he same place commission

i agen

agen t or o ther t he Trustees u n d e r th is A c t for t he t ime being and the i r heirs and assigns and shall be divested ou t of every person w ho now is or would hereafter b u t for th is A c t become ent i t led there to .

2.    I t shal l be lawful for t h e said Gerard Ross Campbel l and J o h n

MacDona ld (who hereinaf ter in th is A c t are included unde r t he designa­ t ion of Trustees) and for o ther t h e Trus tees for t he t ime be ing u n d e r th i s A c t a t such t ime or t imes as they shall t h i n k fit to sell t h e said land or a n y p a r t or pa r t s thereof b y publ ic auct ion in one or in more lot or lots and wi th such r ights-of-way if any over t he same and in such m a n n e r genera l ly and upon such t e rms a n d conditions as they shall deem expe­ dient a n d for such price or prices as can reasonably be obtained for t he same wi th power to b u y in t h e land or lots offered for sale by auct ion and to va ry or rescind any cont rac t for sale e i ther on t e rms or g ra tu i ­ tous ly a n d to resell w i thou t be ing responsible for any loss occasioned the reby and to convey the said l and or t h e p a r t or par t s thereof sold to t h e pu rchase r or purchasers and his or the i r heirs and assigns or to such uses and in such m a n n e r as such purchaser or purchasers m a y direct a n d the reupon t h e said l and or such pa r t or par t s thereof as shall be conveyed b y t h e said Trustees and the legal estate the re in shall vest absolutely in the person or persons to w h o m the same has or have been so conveyed his or the i r heirs and assigns or shal l r e m a i n to such uses a n d in such m a n n e r as aforesaid freed and discharged from the t rus t or t rus t s created b y t h e said will or b y th is A c t Provided t h a t t h e

Trus tees shal l no t thereby lose the i r l ien on t h e land conveyed for	so
m u c h of t h e purchase money as shall r emain unpa id thereon.

3.    I t shall be l a A v f u l for t h e Trustees for t h e t ime being to allow

to any purchase r or purchasers credit for any n u m b e r of years no t exceeding four teen years for t h e p a y m e n t of so m u c h of t he purchase money as shal l no t exceed two- th i rds of t h e whole u p o n such t e rms as to in teres t and otherwise as m a y by the Trustees be deemed reasonable Provided t h a t t h e land sold shal l r emain unconveyed or be otherwise

rendered a securi ty by m o r t g a g e wi th power of en t ry and sale a n d

o ther usua l provisions for p a y m e n t of t h e purchase money remain ing

unpa id toge the r wi th the interest the reon u n t i l satisfied Provided

fu r ther t h a t no twi ths t and ing any such secur i ty be ing t a k e n the vendors '

l ien for t h e purchase money shall no t be the reby affected.

4. The receipt or receipts in wr i t ing of t h e Trustees for t h e pu rchase money and in teres t thereon as to t h e whole or any p a r t or par t s of t h e land shal l be full discharges to t he purchaser or purchasers for t he same and from all l iabil i ly to see to t he appl icat ion thereof and from any l iabil i ty for t h e loss non-appl ica t ion or misappl ica t ion of t h e

same or any pa r t thereof.

5. I t shal l be lawful for t h e Trus tees of th is Ac t for t h e t ime

be ing on t h e receipt of t he proceeds of t h e sale of any p roper ty sold unde r t he provisions of th i s A c t to deduc t t he costs and expenses of and inc identa l to such sale and also so m u c h of t he costs and expenses of all par t ies of and inc identa l to t bc pass ing of th is A c t as shall be fairly chargeable to t he part ies in teres ted in t h e proper ty out of t h e sale of which such proceeds shall have arisen A n d t h e said Trustees shall af ter deduc t ing such costs and expenses of sale and costs of pass ing th is A c t as aforesaid pay the balance of t h e said proceeds wi th in three m o n t h s a t t h e la tes t after t he receipt thereof toge ther w i th t h e ren t s

if any received in respect of t he same premises in to t h e Supreme

Cour t o f New Sou th "Wales in its Equ i t ab l e Ju r i sd ic t ion in t h e m a t t e r of t h e said will to an account to be ent i t led in the t rus t s of t h e said will .

G. The Trus tees for t he t i m e be ing shal l s tand seised of t he said
land un t i l sold and conveyed a s aforesaid or of such por t ions thereof

as from t i m e to t i m e remain unsold in t r u s t for such person or persons

as

as b u t for this A c t would be ent i t led for t h e t ime being to the same or to some estate or in te res t the re in to t he ex t en t of such es ta te or in teres t respectively u n d e r t he aforesaid will and subject to t he provisions

t h e r e i n expressed concern ing t h e same.

7 . The Cour t shall have the same power to apply and deal wi th

such moneys in every respect as if t he same had been paid into Cour t unde r t he Ac t passed in t he twenty-first year of H e r present Majesty 's re ign in t i tu led " An Act for better securing Trust Funds and for the

relief	of	Trustees."
8.	I t shall bo lawful for t h e Supreme Court i n E q u i t y from t ime

to t ime to allow to t h e said Trustees for t h e t ime being of th i s Ac t such commission or percen tage as shall be j u s t and reasonable for thei r pains or t rouble in effectuating such sale or sales or otherwise in exercising t h e powers and performing t h e dut ies hereby conferred and imposed.

9. "Whenever e i ther of t he Trustees herein named dies or goes to reside out of N e w South "Wales or desires to be discharged from or refuses or becomes incapable to act in t he t r u s t s created by th is Act before t h e same have been fully performed he shall be held to have vacated such t rus t s and t he r eupon the surviving or con t inu ing Trus tee m a y by i n s t r u m e n t in wr i t i ng appoint a new Trus tee in the place of t h e Trus tee so vaca t ing his office and as often as any new Trus tee is so appointed all t h e t r u s t p roper ty t hen r ema in ing unconveyed shall

by v i r tue of such i n s t rumen t become vested in t h e new Trus tee jo in t ly

w i th t he surviving or con t inu ing Trus tee a n d every new Trustee appoin ted as aforesaid shal l have t h e same powers as if he had been original ly named in this Act .

10. The Trustees for the t ime being unde r this A c t m a y m a k e

and a l t e r any roads or streets over t h e said land as they shal l deem expedient and also may erect m a k e a n d a l ter any walls sewers drains or o ther works u p o n the said land which m a y in t h e discretion of t he said Trustees conduce to t he improv ing or more advantageously selling t he said l and or any p a r t thereof The cost of any such works on t h e p a r t of t h e Trustees may be deducted by t h e m as expenses inc identa l to the sale under th is Ac t and for any of t he purposes of this section the Trus tees for t he t ime being m a y reserve and dedicate any ways

ei ther absolutely or condi t ional ly any pa r t or pa r t s of the said land.

1 1 . This A c t m a y be cited as " Di l lon 's Es t a t e A c t of 1884 ."

T H E S C H E D U L E .

All t h a t piece of land si tuated on the Rocky Poin t Road in tho parish of Sa in t George aud county of Cumber land con ta in ing s ixty- three acres fifteen	perches
or the reabou t s	Commencing on the eas te rn side of Rocky Po in t Road a t its intersect ion
wi th Pa rk - s t r ee t and bounded thence on the west by t h a t road bear ing nor the r ly	twenty-

two chains seven l inks to A. Kenne r l ey ' s for ty- two acres g ran t on t he nor th by t h a t

g r an t bear ing eas ter ly twenty- two chains forty-seven l inks to a swamp on the nor th-eas t and on (ho nor th-west by lines along tho margin of t ha t swamp bear ing south fifty-three degrees fifteen minu tes east ono chain n ine ty l inks sou th fifty degrees n ineteen minu tes east two chains n ine ty - th ree l inks south sixty-six degrees forty-five minu tes east one chain four links and n o r t h eighty-seven degrees one minu te east one chain eighty-eight links to Scarborough P a r k on the oast by t h a t pa rk bear ing souther ly eighteen chains eighty l inks to Pa rk - s t r ee t aforesaid and on the south by t h a t s t ree t bear ing westerly

twen ty -n ine chains fifty l inks to the point of commencement .

A n