Isler's Estate Act (1873 No iea) (NSW)

An Act to enable the Trustees of the Will of Henry Isler deceased to sell certain lands situate at Gladesville on the Parramatta River near Sydney being part of the real estate of the said Henry Isler and to invest the money to arise from such sale for the benefit of the parties severally interested in the said real estate under the said Will. [25th April, 1873.]

h u n d r e d a n d s ix ty- three after appoin t ing J o h n Dawson of Sydney solicitor his wife J a n e Is ler and his son H e n r y Is ler Trustees and executors of his said will gave and bequeathed u n t o t h e m all his personal es ta te and p roper ty wheresoever t he same m i g h t be upon t r u s t as there in men t ioned to conver t such por t ion thereof as	should
WH E R E A S	River nea r Sydney deceased by bis last will a n d	t e s t amen t

H e n r y Is le r late of Gladesville on t he P a r r a m a t t a

bea r ing date t he twenty-second day of A u g u s t one thousand eight

should not consist of money or B a n k or insurance shares in to m o n e y and after p a y m e n t the reou t of all his j u s t debts a n d funeral and t e s t amenta ry expenses to invest t h e same in such Government rea l or o ther securit ies as his said Trustees should deem mos t advisable and dur ing the minor i ty of his chi ldren to pay and apply t h e income derivable from such inves tments and from such por t ion of his es ta te as a t t h e t ime of his death consisted of B a n k or insurance shares towards t h e ma in tenance and suppor t of his said wife (so long as she should r emain his widow) such par t or pa r t s thereof as should be deemed necessary to t he suppor t ma in tenance educat ion and advance­ m e n t in life of his chi ldren in equal shares and proport ions a n d upon arr ival a t age of t he younges t of his said chi ldren or such younges t be ing a female be ing mar r ied wi th t he consent of t he guard ian of his said chi ldren for t h e t ime being t hen upon t rus t to divide such inves tments B a n k and insurance shares and premises amongs t his said wife and chi ldren equal ly t he shares of his daugh te r s thereof to be for the i r sole separate and individual use and benefit and also gave and devised t h e real estate of which he should die seized of or ent i t led to u n t o his said Trustees and their heirs and assigns u p o n t r u s t dur ing t h e minor i ty of his said chi ldren to pay

a n d apply t he ren t s issues and profits thereof in t h e same m a n n e r

a n d upon and for t h e l ike t rus t s in ten t s a n d purposes as were b y his said will declared wi th respect to t h e appl icat ion of t he interests dividends and profits to arise from his personal estate and on t h e arr ival of his younges t of his said chi ldren a t t he age of twenty-one years or be ing a female be ing marr ied such consent as aforesaid upon t ru s t to convey his said real es ta te to his said wife (if she should so long cont inue his widow) and his said chi ldren share and share al ike as t enan t s in common A n d t h e said H e n r y I s le r declared t h a t if his said wife should aga in m a r r y she should forfeit all in teres t she took under his said will A n d the said H e n r y Is ler em­ powered his said Trustees or Trus tee a t any t ime dur ing t h e minor i ty of any of his said chi ldren to sell and dispose of any unproduc t ive pa r t of his said real estate and directed t h a t t he proceeds derivable there­ from should be invested in l ike m a n n e r as t h e moneys to arise from t h e conversion in to money of his personal estate were directed to be invested a n d also empowered his said Trustees to execute all necessary assurances for ves t ing t h e land w h e n sold in t he purchaser or pur ­ chasers thereof A n d the said H e n r y Is ler authorized his said Trus tees t o apply t he whole or any pa r t of t he income of t he presumpt ive share

or shares of any child or chi ldren of his who being a son or sons
should be unde r t h e age of twenty-one years or be ing a daugh te r or

daugh te r s unde r t h a t age or u n m a r r i e d towards his he r or the i r ma in ­

tenance educat ion or advancement in life A n d whereas t h e said

H e n r y Is le r died on t h e th i rd day of F e b r u a r y one thousand eight

h u n d r e d and sixty-five wi thou t hav ing revoked or al tered his said wil l leaving his wife a n d five children two of w h o m to wit E m i l y J a n e I s le r and F lo rence Mar ie Is ler are still infants unde r t h e age of twenty- one years h i m surviving A n d whereas t h e res iduary estate consists a m o n g other par t iculars of cer ta in freehold land and heredi taments s i tuate a t Gladesville aforesaid and more par t icular ly described in t h e Schedule here to A n d whereas t h e aforesaid land is no t unproduc t ive land wi th in t h e mean ing of t he before recited will so as to be affected by and subject to t he power of sale the reby given over unproduct ive l and A n d whereas negot iat ions have t aken place and are still pending

be tween the said J o h n Dawson J a n e Is le r and H e n r y Is ler as such

Trustees as aforesaid and t h e Governor w i t h t h e advice of t he Execut ive Council wi th reference to t h e sale and purchase .of t he said lands in t h e Schedule here to described for t h e purposes of t h e Luna t i c A s y l u m

a t

at Gladesville aforesaid A n d whereas such a sale cannot be carr ied out w i thou t the sanction of an Act enabl ing the Trustees in t h a t behalf A n d whereas it would be advantageous to the interests of all the par t ies ent i t led to t he said lands t h a t t he same should be so sold and t h e proceeds ar is ing from such sale invested in t he m a n n e r and upon t h e t rus ts in t he said will declared wi th reference to t he proceeds ar is ing from the sale of t he unproduct ive land Be it therefore enacted by the Queen ' s Most Exce l len t Majesty by and wi th t he advice and consent of t he Legislat ive Council and Legislat ive Assembly of N e w South W a l e s in Pa r l i amen t assembled and by the au thor i ty of the same as follows :—

1. I t shall be lawful for t he said J o h n Dawson J a n e Is le r and

H e n r y Is ler as Trustees of t he said will of the said H e n r y Is le r or o ther the Trus tees for the t ime being of t h e said will to sell and dispose of t he land described in the Schedule here to ei ther by publ ic auct ion or pr ivate con t rac t and ci ther in one lot or in several lots as they he or she shall t h i n k most expedient for such price or prices as they he or she shall consider most advantageous to accept for the same and when sold to do and execute all necessary and proper acts and assurances for ves t ing t he same in t he purchaser thereof freed and discharged from the t rus ts of t he said will and t h e receipts of the said Trustees for t h e moneys to arise from such sales unde r t h e powers hereby conferred shall effectually discharge t he persons pay ing the same thereupon a n d from seeing to t he appl icat ion thereof or from

liabil i ty as to t he misappl icat ion or non-appl ica t ion thereof.

2. The said J o h n Dawson J a n e Is le r a n d H e n r y Is ler or other

persons selling unde r t h e powers hereby conferred shall wi th all convenient speed invest the moneys to arise from the sale of t he said land (after deduc t ing therefrom all t he expenses a t t endan t on such sale) in l ike m a n n e r and upon such t rus t s for the widow and ch i ldren of the said H e n r y Is le r as are by t h e said will declared concern ing t h e proceeds t h a t should arise from the sale of any un­ product ive p a r t of t he real estate of the said Henry Is ler in t h e exercise of t he power of sale thereby given in respect thereof.

3.    This A c t may be cited as " Is ler 's Es ta te Ac t . "

SCHEDULE.

All that parcel of land containing by admeasurement three roods thirteen perches situate in the county of Cumberland parish of Hunter's Hill at Gladesville Commencing on the eastern side of the road from the Old Ferry to Gladesville and Ryde at the south­ western corner of Folkard's land and bounded thence on the north-east by the south-western boundary-line of that land bearing south-easterly two chains and eighty links to a road dividing it from part of the Lunatic Asylum grounds on the south-east by that, road bearing south-westerly five chains and forty-three links on the south-west by a line bearing north-westerly forty-one links to the first-mentioned road and on the west by that road bearing northerly five chains and fifty-four links to the point of commencement.

Also all that parcel of land containing by admeasurement two acres one rood twenty- three perches situate in the county of Cumberland parish of Hunter's Hill at Gladesville Commencing at the junction of the eastern side of the road from the Old Ferry to Glades­ ville and Ryde with the southern side of a proclaimed road from Gladesville to Hunter 's Hill and bounded thence on the north by the last-mentioned road bearing easterly eight chains and forty links to a road dividing it from part of the Lunatic Asylum grounds on the south-east by that road bearing south-westerly five chains and thirty-six links on the south-west by the north-eastern boundary-line of Folkard's land bearing north-westerly four chains and eleven links to the first-mentioned road and on the west by that road bearing northerly three chains and ninety-nine links to the point of commencement.

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