Rogers' Estate Act 1875 No rea (NSW)

ANNO T R I C E S I M O OCTAVO

V I C T O R I A E R E G I N A E

An Act to enable and authorize Martha Rogers or other the Trustee or Trustees for the time-being of the Will of the late George John Rogers to sell a parcel of land situate at Craigend in the City of Sydney and to make provision for the investment of the proceeds of the sale thereof. [18th May, 1875.]

of the parcel of land described in the Schedule hereto made and

WH E R E A S George John Rogers late of Sydney in the Colony of New South Wales solicitor now deceased being seized in fee

executed his last will and testament in writing and thereby devised all his real property unto the said Martha Rogers as therein mentioned with remainder to all the children of the said George John Rogers by the said Martha Rogers And whereas the said George John Rogers died on or about the sixteenth day of January one thousand eight hundred and sixty-three leaving the said Martha Rogers and seven children of their marriage him surviving And whereas the said will contains no power or authority for the sale of the said land during the Life of the said Martha Rogers And whereas it is considered expedient to authorize an immediate sale of the said land and to invest the proceeds of sale thereof upon real or Government security of New South Wales Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council 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 Martha Rogers or the trustee

or trustees for the time-being of the said will either personally or by her or their attorney or agent acting under a power of attorney to sell

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the land and hereditaments described in the Schedule to this Act either by public auction or by private contract and either in one or more parcels or allotments and with such rights-of-way in and over such land or any portion thereof as she he or they shall deem expedient and for such price or prices as can be reasonably obtained for the same and when sold to convey the same or any part or parts thereof to the purchaser or purchasers his her or their heirs and assigns and there­ upon the said land or such part thereof as shall be so conveyed by the said Martha Rogers or the trustee or trustees for the time-being of the said will and the legal estate therein shall vest absolutely in the person or persons to whom the same shall be so conveyed his her or their heirs and assigns.

2. I t shall be lawful for the said Martha Rogers or the trustee or trustees for the time-being of the said will to allow to any purchaser or purchasers of the said land or any part or parts thereof credit for any number of years not exceeding five years for a payment of a part of his her or their purchase money upon such terms as to interest and otherwise as may by the said Martha Rogers or the trustee or trustees for the time-being of the said will be deemed reasonable and proper Provided that the land shall be rendered a security by mortgage for so much of the purchase money thereof as shall remain unpaid together with the interest thereon until the same shall have been paid and the receipts of the said Martha Rogers or of the trustee or trustees for the time-being of the said will or of her or their attorney or agent appointed as aforesaid shall be a sufficient disc large to the purchaser or purchasers of the said land or any part or parts thereof for the purchase money therein expressed to be received and shall exonerate him or them from seeing to the application or investment thereof.

3. The said Martha Rogers or the trustee or trustees for the time-being of the said will shall invest the moneys or any part or parts thereof arising from such sale or sales either at interest upon real securities in New South Wales or upon Debentures or Treasury Bills or other securities of the Government of New South Wales as the said Martha Rogers or the trustee or trustees for the time-being of the said will shall think fit and the proceeds shall be applied and paid in pursuance of the terms of the said will.

SCHEDULE.

All that piece or parcel of land situate lying and being in the County of Cumber­ land and Parish of Alexandria in the Colony of New South Wales being lots fifty-seven fifty-eight fifty-nine sixty sixty-one sixty-two sixty-three sixty-four sixty-five sixty-six sixty-seven sixty-eight sixty-nine seventy-five seventy-six seventy-seven and seventy-eight of the Craigend Estate containing three roods and thirty-three perches more or less Commencing in Surry-street at the south-west boundary of the Craigend Estate and bounded on the south-east by Surry-street being lines bearing north-easterly two hundred and eighty-eight feet and one hundred and eighty feet to Macleay-street on the north­ east by Macleay-street being a line bearing north-westerly sixty-seven feet and thence on the east by that street being a line bearing northerly one hundred and eight feet on the north by a line parallel to William-street and distant ninety-nine feet therefrom bearing westerly eighty-three feet six inches on the west by a line bearing southerly until it meets a line parallel to Surry-street and distant fifty-five feet therefrom on the north­ west by the said line parallel to Surry-street and distant fifty-five feet therefrom bearing south-westerly to the south-west boundary of the Craigend Estate and on the south­ west by that boundary being a line bearing south-easterly fifty-five feet to Surry-street at the point of commencement. An