Hutchinson Estate Act of 1884 No hea (NSW)

An Act to enable William Matthew Hutchin­

son Gibbons Richard Hutchinson Roberts

and Arthur Huffing'ton or other the Trustees for the time being of the Will of

William Hutchinson deceased to sell cer­

tain land and houses in York-street and

Clarence-street in the City of Sydney and to provide for the application of the pro­

t w o houses from the houses on which an annuity to his daugter Sarah Nichols was charged and made payable with other hereditaments to hold the same unto the said Trustees their heirs and assigns for and during the life of the said testator's daughter Martha Lackey in the wil l called Martha Roberts upon trust that the said Trustees and the survivors and the survivor of them their and his heirs and assigns should during the life of the said Martha Lackey receive; the rents issues and profits of the said hereditaments and premises and should pay the same as and when the same should be received unto such person or persons only and for such intents and purposes only as the said Martha

ceeds thereof. [6th March, 1884.]

W H E R E A S Wi l l i am Hutchinson duly made and executed his last

will dated the twentieth day o f December one thousand eight

hundred and forty-live and thereby gave and devised unto his Trustees namely John Rose Holden George Al len and John Henry Black all those three brick-built houses situate in York-street south of the Wes lcyan Centenary Chapel and also all those two houses in Clarence-

street adjoining M r . Blaxland's south of the gateway dividing the said

Martha Lackey should from time; to time by writ ing under her band direct or appoint but not so as to dispose of or affect the same by sale mortgage charge or otherwise in the way of anticipation and in default

of such direction or appointment into her own hands for her own sole
separate and peculiar use exclusively of her then present or any future husband and without being in anywise subject to bis debts control interference or engagements and the receipts in writing of the said Martha Lackey whether she should be single or married should be sufficient discharges for the same and after the decease of the said Martha Lackey the said testator gave and devised the said hereditaments and premises to the use of all the children if more than one then born
or 1 hereafter to be b o m of the said Martha Lackey by her then present
husband in equal shares and proportions as tenants in c o m m o n in tail with cross remainders between them in tail A n d whereas the said testator made a codicil to his said will dated the sixth day of February one thousand eight hundred and forty-six which did not affect tin; devise hereinbefore stated A n d whereas the said testator died on the twenty-sixth day o f July one thousand eight hundred and forty-six without having revoked or altered his said will and codicil and the same were shortly after his death duly proved in the Supreme Court in its Ecclesiastical Jurisdiction by the said John Hose Holden one of the executors named in the said will leave1 being reserved to the other executors named in the said will to come in and prove the same A n d whereas b y an indenture dated the sixteenth day of November one thousand eight hundred and forty-six the said George Al len and John Henry Black the other executors named in the said will absolutely and irrevocably renounced and disclaimed unto the said John Hose Holden his heirs executors administrators and assigns all the real and personal

estates given devised and bequeathed and all the trust powers and
authorities Avhatsoever by tin; said will and codicil given devised or bequeathed to or vested in them the said George Al len and John Henry Black in conjuct ion with the said John Lose Holden as afore­ said A n d whereas b y virtue of divers mesne assurances and acts in the law and ultimately by an indenture dated the fifth day of Apri l one thousand eight hundred and seventy-one and made between Arthur 11 uilington at that time the sole surviving or acting Trustee of the said will of the first part A n d r e w l lardie M'Cul loch of the second part and the said Arthur Huffington and Wi l l i am Matthew Hutchinson Gibbons and Richard Hutchinson Roberts of the third part of the said Wi l l i am Matthew Hutchinson Gibbons and Richard Hutchinson Roberts were

appointed Trustees of the said will and codici l and of all the real and
personal estates thereby given devised and bequeathed as aforesaid

joint ly with the then existing Trustee the said Arthur Huffington upon the trusts and with under and subject to the powers and authorities expressed and declared in the will and codicil of the said Wi l l i am Hutchinson deceased A n d whereas the said Martha Lackey formerly Martha Roberts had b y her first husband Joseph Roberts who died in the year one thousand eight hundred and forty-nine seven children and no more namely -lane Neich wife of Augustus Neich Richard Hutchinson Roberts Fanny Eliza Houison wife of Alexander Houison Mary Elizabeth L o v e wife of James Graham Love James Joseph Roberts Joseph James Roberts and Martha Roberts wife of John- George Roberts A n d whereas on the marriage of the said Augustus Neich and Jane Neich there was made no settlement or agreement for a settlement of the share of the said Jam? Neich in the said heredita­ ments and premises A n d whereas the said share o f the said Jane Neich is charged with certain sums in favour of Thomas Salter and is also subject to a subsidiary charge of two thousand six hundred pounds in favour of Charles Henry Myles and the said Thomas Salter being a

further

further security which is also charged upon the share of the said Mary Elizabeth L o v e in the said hereditaments and premises A n d whereas by an indenture dated the twenty-fifth day of Ju ly one thousand eight hundred and seventy-eight and made between the said Alexander Houison of the first part the said Eanny Eliza Houison his wife of the second part and the said Joseph James Roberts and John George L a c k e y (Trustees) of the third part the said Alexander Houison granted and released and the said Eanny Eliza Houison appointed and assured unto the said Trustees their heirs executors and administrators {inter alia) all the interest or share of the said Eanny Eliza Houison or of the said Alexander Houison in her right in and to the said hereditaments and premises so devised as aforesaid together with full and irrevocable

power and authority unto the said Trustees their executors and
administrators and other the Trustees or Trustee for the time being
of the indenture n o w in statement to use the name and act as the
attorney of the said Alexander Houison his executors and adminis­ trators in {inter alia) making and executing or joining in making and executing all releases and other documents which might be required in any matter connected with the said hereditaments and premises to hold the same unto and to the use of the said Trustees their heirs executors administrators and assigns upon the trusts in the said indenture declared for the benefit of the said Eanny Eliza Houison and her children A n d whereas on the marriage of the said James Graham L o v e and Mary Elizabeth L o v e there was made no settlement or agreement for a settlement of the share of the said Mary Elizabeth L o v e in the said hereditaments and premises A n d whereas previously to the year one thousand eight hundred and eighty the said share of the said Mary Elizabeth Love was charged with considerable sums in favour of the said Charles Henry Myles and Thomas Salter A n d whereas by an indenture dated the ninth day of October one thousand eight hundred and eighty and made between the said James Graham L o v e and Mary Elizabeth L o v e of the first part the said Martha Lackey wife of the Honorable John Lackey of the second part the said Augustus Ne ich and Jane Neich his wife of the third part and Charles Henry Myles and Thomas Salter of the fourth part for the considerations mentioned in the said deed the various sums charged on the said share of the said Mary Elizabeth L o v e were settled at the sum

of two thousand six hundred pounds and the same share was accordingly
charged with payment of that sum to the said Charles Henry Myles and Thomas Salter A n d whereas b y divers assurances and acts in the

law and ultimately b y virtue of an indenture dated the thirtieth day	of June one thousand eight hundred and seventy-three and made
between Thomas Bately Ro l in and Thomas Salter (being then mort­ gagees) of the one part and Andrew Hardie M ' C u l l o c h of the other
part the shares of the said James Joseph Roberts and Joseph James
Roberts in the said hereditaments and premises were conveyed and assured to the said Andrew Hardie M ' C u l l o c h his heirs and assigns
A n d whereas by an indenture of mor tgage dated the fourteenth day o f
September one thousand eight hundred and seventy-six and made between the said Andrew Hardie M ' C u l l o c h of the one part and the Australian Mutua l Provident Society of the other part the said shares
of the said James Joseph Roberts and Joseph James Roberts were with
other property mortgaged to the said Australian Mutua l Provident
Society to secure payment of the sum of five thousand pounds andintcrest A n d whereas on the marriage of the said John George Rober ts and
Martha Roberts there was made no settlement or agreement for a settlement of the share of the said Martha Rober ts in the said here­ ditaments and premises A n d whereas the said share of the said Martha Roberts is charged with certain sums in favour of the said Charles

Henry

Henry M y l c s A n d whereas the said gateway mentioned in the said will is in fact part of the said two houses in Clarence-street aforesaid being the entrance to a passage leading from Clarence-street aforesaid to the back of the said houses which passage has always been used and

enjoyed by the owners and occupiers of the said houses and b y no
other persons except that the owners and occupiers of the house in Clarence-street on the north side of the said passage have opened a door into and have been permitted to use the same A n d whereas the said piece of land on which the said houses in Clarence-street and York-street aforesaid devised b y the said will stand including the said passage is described in the Schedule hereto A n d whereas all 1 lie houses and buildings on the said piece of land an; in a ruinous con­ dition and there is no fund provided b y the said will for the repair of the same and there is no power in the said will to sell the said premises or to let the same on a building or repairing lease or other­ wise than for a term not exceeding twenty-one years at the best rent

that can reasonably be gotten and it is in consequence impossible to
sell or let the said premises and the same will become vacant and unproductive A n d whereas it will be for the benefit of all parties interested therein and they arc desirous that the said premises should be sold A n d whereas the said Martha Lackey is desirous of releasing her life interest in the proceeds of sale of the said premises to the

intent that the same may be divided among her said children according

to their respective interests A n d whereas the said premises cannot be sold without the authority of the Legislature Be it therefore enacted

by the Queen's Mos t Excel lent Majesty b y and with the advice and
consent of the Legislative Counci l and Legislative Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows : —

1. I t shall be lawful for the said Wi l l i am Mat thew Hutchinson Gibbons l l ichard Hutchinson Pober ts and Arthur Huffington or other the Trustees or Trustee for the time being of the will of the said W i l l i a m Hutchinson deceased with the consent of all mortgagees and incumbrancers of the land described in the Schedule hereto or of any

part or share thereof to sell and dispose of the said land with the houses

and buildings thereon and all appurtenances thereto b y public auction

or private contract and either together or in parcels as the Trustees or
Trustee for the time being of the said will shall think most expedient

for such price or prices as can be reasonably had or obtained for tin;

same and upon every such sale it shall be lawful for the Trustees or
Trustee for the time being of the said will to convey and assure the
said land or any part thereof to the purchaser or purchasers thereof

and thereupon the same shall vest absolutely in the said purchaser or purchasers his or their heirs and assigns freed and discharged from all mortgages charges and incumbrances and from the said trusts affecting the same and from all estates tail of all and every o f the said children

of the said Martha Lackey in the same premises and all remainders

reversions estates rights interests and powers to take effect after the; determination or in defeasance of such estates tail or any of them

A n d the receipt in writing of the Trustees or Trustee for the time
being of the said will shall absolutely discharge the purchaser or purchasers of the said land or any part thereof f rom the purchase money payable b y h im or them and from all liability to sec to the application thereof.

2. The Trustees or Trustee for the time being of the said will

shall stand possessed of all moneys arising f rom any such sale as aforesaid upon trust after payment thereout of all expenses of and incidentat to the said sales and of and to the obtaining of this A c t to apply the same in manner hereinafter mentioned.

3. The Trustees or Trustee for the time being of the said wil l

shall pay to or apply for the benefit of each of the said seven children

of the said Martha Lackey or their respective assigns a sum equal to

one-seventh part of the amount of such purchase money after deducting and paying to incumbrancers upon the share in question according to their priorities the amounts due in respect of their respective incum­ brances or if the said sum shall not be sufficient to discharge the amounts due to such incumbrancers then the said sum shall be applied in paying such amounts so far as the same sura will extend.

4. The amounts payable under this A c t by the Trustees or Trustee for the time being of the said will to or for the benefit of tin; said Jane Neich Mary Elizabeth L o v e and Martha Roberts shall be paid into their proper hands respectively and their respective receipts shall notwithstanding coverture be sufficient discharge for the same.

5. The amount payable under this A c t b y the Trustees or Trustee for the time being of the said will to or for the benefit of the said Eanny Eliza Houison shall be paid to the said Joseph James Rober t s and John George Lackey or other the Trustees of the said settlement to hold the same upon the trusts and subject to the powers provisoes agreements and declarations contained in the said indenture

of settlement of the twenty-fifth day of Ju ly one thousand eight
hundred and seventy-eight or such of the same trusts powers provisoes agreements and declarations as are now subsisting or capable of taking eil'ect and the receipt of the said Joseph James Roberts and John

George Lackey or other the Trustees of the said settlement shall he a

sufficient discharge for the same.

C. This A c t may be cited as the " Hutchinson Estate A c t of

1884."

SCHEDULE.

All that piece or parcel of land containing by admeasurement one rood twelve perches or thereabouts situated in the parish of St. Andrew county of Cumberland and

Colony of New South Wales being part of allotment number eleven of section number

twenty-seven in the City of Sydney originally granted to William Hutchinson Com­ mencing at a point on the building-line on the south-west side of York-street bearing south-easterly and distant two hundred and seventy-four feet two inches from the inter­ section of the building-line on the south-west side of York-street with the building-line

on the south-east side of King-street and bounded thence on the north-east by the

to the north-east corner of a brick wall thence on the south-east by the northern side of

building-line of Fork-street aforesaid bearing south-easterly eighty-three feet six inches

said brick wall and by the southern side of a stone wall to its south-west corner being in all a line bearing south-westerly one hundred and seventeen feet eight inches thence again on the south-east by a line bearing south-westerly fifty-two feet four inches to the building-line on the north-east side of Clarence-street thence on the south-west by the building-line of Clarence-street aforesaid bearing north-westerly eighty-two feet and thence on the north-west by a line passing along the southern side of a brick wall and the southern side of a stone wall bearing in all north-easterly one hundred and seventy feet four inches to the point of commencement.

A n