Harriot Betts’ Trustees Act 1855 No hbt (NSW)

An Act to enable J o h n Bell Metcalfe and William Teale the Trustees under a certain Indenture of Sett lement dated the third of January one thousand eight hundred and forty-eight made between Harriot Bet ts of the one part and Michael Metcalfe and Charles Lowe of the other part to sell certain Lands at the Glebe near the City of Sydney and to invest the money to arise from such sale upon the Trus ts of the said Settlement. [13th

November, 1855.]

WH E R E A S J a n u a r y one thousand eight h u n d r e d a n d forty-eight H a r r i o t

Bet t s t he younger of t he Glebe near t he city of Sydney in t he

Colony of N e w South Wales spinster be ing seized in fee (subject to t h e life es ta te there in) of her mothe r H a r r i o t Be t t s widow of t he land messuage and hered i taments hereinafter ment ioned and referred to g ran ted released and assured unto Michael Metcalfe a n d Charles Lowe bo th of Sydney aforesaid the re in described four acres of land in t he par ish of P e t e r s h a m in t he Colony aforesaid wi th t he messuage thereon erected called " K e w Cottage;" wi th t he outbui ld ings and premises there to belonging and in the Schedule to th is Act par t i ­ cularly described upon t ru s t to pay the ren t s and profits of the said land messuage and he red i t ament s to or to pe rmi t the said land messuage and he red i t amen t s to be occupied by the said Har r io t Bet ts the younger r en t free for her life for her sole and separate use and after her decease upon t ru s t tha t the said Trus tees should sell t h e said land messuage and hered i taments in m a n n e r there in men­ t ioned for such price as they should t h i n k reasonable and the said Har r io t

by an inden ture bear ing date t he th i rd day of

H a r r i o t Be t t s t h e younge r the reby directed t h a t t he said Trustees should s tand possessed of t h e moneys to arise from such sale in trust for he r nephews and nieces thereinaf ter named t h a t is to say Harr io l Bet t s George P a n t o n Be t t s M a r i a B o w m a n Bet t s M a r g a r e t Louisa

Bet t s Clara Leonora Bet t s and J o h n J a m e s Arbou in Be t t s t h e sis

chi ldren of J o h n Be t t s deceased t h e b ro the r of t h e said H a r r i o t Betts

and E d w a r d Nisbe t t Arbou in Be t t s t h e only child of E d w a r d Dent

Be t t s deceased ano ther b ro the r of t he said H a r r i o t Be t t s in equal shares and propor t ions as t enan t s in common wi th benefit of survivor­ ship as in t he said i nden tu r e is ment ioned A n d whereas t h e said

H a r r i o t Be t t s t he m o t h e r of t h e said H a r r i o t Be t t s t h e younge r and

t h e said E d w a r d M s b e t t Arbou in Be t t s he r said nephew have departed

th i s life A n d whereas t h e said four acres of l and messuage and he red i t aments have become of considerable value and h igh ly advan­ tageous offers to purchase pa r t s thereof f ront ing to t he waters ol P o r t J a c k s o n have been m a d e to t h e said H a r r i o t Be t t s and the said Trustees b u t i na smuch as such Trus tees have no power to sell unt i l after t h e dea th of t h e said H a r r i o t Be t t s t h e younge r and doubts exist whe the r t h e said H a r r i o t Be t t s has power to revoke t h e said reci ted i nden tu re of se t t lement a n d to execute valid conveyances to purchasers of t h e said four acres of land messuage and heredi ta­ men t s the re in comprised a n d it would be h ighly beneficial as well to t h e said H a r r i o t Be t t s as to t he ces tuique t rus t s in t he said se t t l ement named if t h e Trus tees thereof were author ized a n d em­ powered to sell and dispose of e i ther t h e whole of t h e said land messuage and he red i t amen t s or such pa r t thereof as wi th the con­ sent of t he said H a r r i o t Be t t s t h e younger i t m i g h t be deemed expedient t o sell A n d whereas by an order of t h e Supreme Cour t of t h e said Colony dated t h e twenty-second day of Sep tember in t he year one t housand eight h u n d r e d and fifty-five i t was ordered t h a t t h e said J o h n Bell Metcalfe and W i l l i a m Teale be appoin ted Trustees of t h e said i nden tu re of se t t lement of t h e th i rd day of J a n u a r y one t housand eight h u n d r e d and forty-eight in t h e place a n d stead of t h e said Michael Metcalfe and Charles Lowe and t h a t t h e rea l and personal proper ty comprised in the said i nden tu re of se t t lement ment ioned bo and the

same is the reby vested in t h e said J o h n Bel l Metcalfe and Wi l l i am

Teale the i r heirs executors adminis t ra tors and assigns as jo in t t enan t s

according to t h e n a t u r e of t he p roper ty upon t h e t rus t s and for t h e

in ten t s a n d purposes of t h e said i nden tu re of se t t l ement Be i t t he re ­

fore enacted by H i s Exce l lency t h e Governor Genera l of N e w	South
W a l e s by and wi th t he advice and consent of t h e Legislat ive

thereof as follows— Counci l

1.    I t shall be lawful for t h e said J o h n Bell Metcalfe and W i l l i a m

Teale or t h e Trus tees or Trus tee for t h e t ime being of t h e said i n d e n t u r e

of se t t l ement by a n d wi th t h e consent in wr i t ing of t h e said H a r r i o t Be t t s t he younger to sell and dispose of t he said four acres of l and messuage and he red i t ament s by publ ic auc t ion or p r iva te cont rac t a n d ei ther in one lot or in several lots as they shall t h i n k mos t expedient for such prices as they or h e shall consider advantageous to t he t r u s t to accept for t h e same and w h e n sold to convey t h e same or any p a r t or pa r t s thereof to t h e purchase r or purchase r s the i r h i s or he r hei rs and assigns freed and discharged from the t r u s t s c rea ted a n d declared by the said deed of se t t lement and the receipt of t he Trus tees or Trus tee for the t ime being of t h e said se t t l ement shall be a sufficient d ischarge to t he purchaser or purchasers of t h e said l and or any p a r t or pa r t s thereof for t h e purchase money payable by

h im or t h e m respectively and shall wholly exonerate h i m or	t h e m
from seeing to t h e appl icat ion thereof and from all	l iabil i ty as to the

misappl ica t ion or nonappl ica t ion thereof.

2. The moneys to arise from the sale of t he said four acres of land messuage and hered i taments or any p a r t or pa r t s thereof shall w i th all convenient speed he laid out and invested in t h e purchase of o ther lands in or nea r Sydney aforesaid for an es ta te in fee simple of in h a n k shares or on Gove rnmen t or real securit ies or on mor tgage of freehold estates yet so as t h a t du r ing the life of the said H a r r i o t Betts every such purchase or inves tment he made wi th he r consent in wr i t ing A n d t h e said J o h n Bell Metcalfe and W i l l i a m Teale and the survivor of t h e m or o ther t he Trustees or Trus tee for t he t ime being of t h e said se t t lement shall for thwith settle and assure or cause to be sett led and assured the same he red i t amen t so to be purchased to such a n d the same uses and upon such a n d t h e same t rus t s and for such and the same in ten t s and purposes as are by t h e said se t t lement expressed and declared of and concerning t h e said four acres of l and messuage a n d hered i taments or as nea r the re to as t he deaths of par t ies and other cont ingencies m a y admi t of w i th power never theless for t h e said Trustees or Trus tee for t he t ime be ing wi th t h e consent of t h e said H a r r i o t Bet ts d u r i n g he r life to postpone the purchase or purchases hereinbefore di rected A n d in t h e m e a n t ime and u n t i l t h e money ar is ing by t h e sale or sales by th is Ac t author ized shall be invested in t h e purchase of such o ther l ands as aforesaid t h e said J o h n Bell Metcalfe and Wi l l i am Teale and t h e survivor of t h e m or t he Trus tees or Trus tee for t he t ime being of t h e said se t t lement w i t h such consent as aforesaid shall place out such money a t in teres t in bank shares or on Governmen t or real secu­ ri t ies a n d also from t ime to t i m e wi th such consent as aforesaid shall or m a y a l ter va ry and t ranspose such securi t ies for o ther securit ies of t he same or a l ike n a t u r e A n d the dividends in teres t a n n u a l profits a n d proceeds which shall from t ime to t ime arise in respect of such securi t ies shall go and be payable and paid to such person and persons and be applied to a n d for such uses in t en t s and purposes and in such m a n n e r as t h e r en t s and profits of t h e said four acres of land messuages and he red i t aments are or m a y be payable or appl icable unde r and by

v i r tue of t h e said i nden tu r e of se t t lement .

S C H E D U L E .

A l l t h a t p i ece o r p a r c e l of l a n d c o n t a i n i n g b y a d m e a s u r e m e n t fou r ac res m o r e or

less s i t u a t e l y i n g a n d b e i n g i n t h e p a r i s h of P e t e r s h a m i n t h e C o l o n y of N e w S o u t h W a l e s

b o u n d e d on t h e w e s t b y t h e l a t e J o h n B e t t s ' p r o p e r t y b e a r i n g w e s t f o r t y - t h r e e d e g r e e s t h i r t y

m i n u t e s s o u t h t h i r t e e n c h a i n s seventy-f ive l i n k s on t h e s o u t h b y B l a c k w a t t l e S w a m p Cove

on t h e ea s t b y a l i n e b e a r i n g eas t f o r t y - t h r e e d e g r e e s t h i r t y m i n u t e s n o r t h f o u r t e e n c h a i n s

seventy-f ive l i n k s t o t h e m a i n r o a d a n d on t h e n o r t h b y t h a t r o a d b e a r i n g s o u t h f o r t y - t w o

d e g r e e s forty-five m i n u t e s e a s t t w o h u n d r e d a n d e i g h t y - o n e l i n k s t o t h e c o m m e n c i n g p o i n t .