An Act to confer certain powers and authori ties upon Stephen John Pearson and the Reverend John Douse Langley as trustees of two several indentures dated the twenty-second day of June, one thousand eight hundred and seventy-live, and the seventeenth dav of Mav, one thousand eight hundred and seventy-eight, under which certain lands and moneys were vested in the said Stephen John Pearson and Reverend John Douse Langley on certain trusts in the said indentures
| mentioned. | [HUh March, 1892.] |
| WI 1 E I I E A S | J u n e , in t h e year one thousand e ight hund red and seventy-five, |
| by inden tu re | bear ing | date t h e | twenty-second | clay of |
| and | m a d e | be tween | I l a n n a h | El iza | W a t k i n s , | there in | described | as | of |
| P a r r a m a t t a , | in t he | Colony of N e w | South Wales , widow, of t h e | first |
| p a r t ; | J o s e p h | Wal l i s , | there in | described | as | of | Southwood | F a r m , a t |
| Mi t t agong , in t he Colony aforesaid, farmer , | of t he second p a r t ; | t he |
said I l a n n a h Eliza W a t k i n s and the Reverend Rober t Le thbr idgo K i n g , there in described as of Liverpool, in t he Colony aforesaid, Clerk in H o l y Orders ( the executors of t he wil l of Erancis Net terv i l le W a t k i n s ,
| formerly | of | P a r r a m a t t a | aforesaid, | Esqu i re ) , | of | the | th i rd | p a r t ; | and |
| S tephen J o h n Pearson, there in | described | as | of | P a r r a m a t t a | aforesaid, |
b a n k manager , and t h e Reverend J o h n Douse Lang ley , of Sydney, in the Colony aforesaid, Clerk in H o l y Orders (and which said S tephen J o h n Pearson and J o h n Douse Lang ley are thereinaf ter designated a n d referred to as " the said t r u s t e e s " ) , of t he four th p a r t : A n d rec i t ing t h a t t he said I l a n n a h El iza W a t k i n s was desirous of m a k i n g a provision for her nephew, t he said Joseph Wal l i s , and for his wife and issue, in m a n n e r there inaf ter appear ing , it was witnessed by the said inden tu re
| t h a t for effectuating | t he said desire, and in considerat ion of t he n a t u r a l |
love and alfection of t he said I l a n n a h El iza W a t k i n s for t h e said Jo seph Wal l i s and for his wife a n d issue, and for o ther good considera t ions, t he said H a n n a h Eliza W a t k i n s did the reby for herself, her
| t h e said t rus tees or t he survivor of t h e m , or t h e executors or admin is t ra to rs of such survivor should invest t h e said sum of one thousand five h u n d r e d pounds w h e n paid, to t h e m or h im, and all ins ta lments thereof which m i g h t from t ime to t ime be paid, and all o ther moneys which m i g h t come to t he hands of t he said t rus tees or t h e survivor of t hem, the i r executors or adminis t ra tors , u n d e r or by v i r tue of any of t h e t rus t s or provisions the re in contained in, inter alia, t he purchase of freehold p roper ty in t he said Colony of N e w South | Wales , |
| heirs , executors , and | adminis t ra tors , covenant w i th | t h e | said | t rus tees , |
| the i r | heirs , executors , and | adminis t ra tors , | t h a t | she, t h e | said | I l a n n a h |
El iza W a t k i n s , her heirs , executors , or adminis t ra tors , would, a t t h e reques t of t h e said t rus tees or t he survivor of t h e m , or the executors or adminis t ra tors of such survivor , or w i t h o u t any such request , pay u n t o t he said t rus tees or t h e survivor of t hem, or t he executors or adminis t ra tors of such survivor, the sum of one t h o u s a n d five
| h u n d r e d pounds , and | it was | declared | by the | said i nden tu re | t h a t |
| Wales , and | t h a t t hey should | s tand | possessed thereof | upon t h e t rus t s |
thereinaf ter declared concern ing the same : A n d the said i nden tu r e fu r the r witnessed t h a t for t h e considerations aforesaid the said H a n n a h Eliza W a t k i n s did thereby by v i r turc and in exercise of every power and au thor i ty t h e r e u n t o enabl ing her , direct , l imit , and appoin t ,
| and also grant , assign, release, and conl i rm : | A n d the said H a n n a h |
Eliza W a t k i n s and R o b e r t Le thb r idgc King , and each of t hem, did gran t , release, assign, and transfer, and the said Joseph Wal l i s did gran t , release, and confirm u n t o t he said t rus tees , the i r heirs and
| assigns, all t h a t piece or parcel of | land | conta in ing | by | a d m e a s u r e m e n t |
| four hundred acres, be t h e same more; or less, s i tuate in t he distr ict | of |
Mi t t agong , in t h e coun ty of Camden ; and commenc ing a n d bounded as in t h e said inden tu re ment ioned ; and also all t ha t piece or parcel of land conta in ing seventy-five acres OIK; rood and th i r ty - two perches,
| s i tuate a t | Mi t t agong , | coun ty of | Camden, | port ions | of J . | T. | Wi l son ' s |
| g ran t , and bounded as in t he said i nden tu re | ment ioned, toge the r | w i th |
| al l | houses, bui ldings , | fixtures, | fences, | ways, watercourses, | r ights , |
| privi leges, easements , advantages , and appur t enances whatsoever | to |
| t h e said lands | a n d | hered i taments , or | any p a r t | thereof | apper ta in ing , |
| and all the estate, t e rms of years, r igh t , t i t le , interest , claim, | a n d |
| demand of | the said | H a n n a h | Eliza | W a t k i n s , and of | t he | said | R o b e r t |
| L e t h b r i d g c | K i n g , and | Joseph | Wal l i s | in to and u p o n the | same | premises , |
a n d also t he t e r m of years created by t h e i nden tu r e there inaf ter ment ioned , to have and to hold t he said land, hered i taments , and premises there inbefore expressed, to be thereby gran ted u n t o and to t h e use of t h e said t rus tees and the i r heirs, freed and discharged from
| a | cer ta in | i nden tu re | of | t h e | t h i r t e en th | day of | A u g u s t , one | thousand |
| e ight hundred and sixty, made be tween t h e | said | Erancis | Net te rv i l l e |
W a t k i n s of t he one par t , and the said Joseph Wal l i s of t he other pa r t , and registered as n u m b e r eight hundred and forty-six, book s ix ty-nine , and from the p a y m e n t of all moneys in tended to bo the reby secured, b u t upon and for t h e t rus t s thereinaf ter men t ioned : A n d Avhereas, it was provided by t h e said indenture , a n d i t was the reby agreed and declared t h a t it should he lawful for t h e said H a n n a h Eliza W a t k i n s , from t ime to t ime , and a t any t ime or t imes, by a n y deed or deeds (hut w i t h o u t prejudice to any previous exercise of any of t he powers thereinbefore con ta ined) , to vary or revoke all or any of t h e uses, t ru s t s , estates , powers, and authori t ies , thereinbefore l imi ted a n d declared, of and concern ing the said lands, heredi taments , and premises, and the said s u m of one thousand five hundred pounds, or any of t hem, or any pa r t or par t s thereof ; and by the same or any other deed, or
| and concerning, t he said lands , hered i taments , and premises, and the | deeds, to declare a n y new or o ther uses, estates, t rus t s , or powers of, |
| said sum of one thousand five h u n d r e d pounds , t he uses or t rus t s whereof respect ively should be so var ied or revoked as aforesaid : A n d Avhereas M a r y El iza Wal l i s , who, a t t h e date of the said first |
| men t ioned inden tu re , was t he wife of t he said Joseph Wal l i s , | depar ted | |
| th is life on t he twen t i e th day of J a n u a r y , one thousand eight h u n d r e d and seventy-six ; and the re were l iv ing on the seventeenth day of M a y , one thousand e ight h u n d r e d and seventy-eight , five children of |
| t h e said Joseph Wal l i s | and | the said | M a r y | Eliza W a l l i s : | A n d Avhereas | |
| t he | said | Joseph Wal l i s | in te rmar r ied | wi th | M a r y | J a n e | Wal l i s | on | t he | |
| n i n t h day of December , one thousand e ight h u n d r e d and seventy-six, and there Avas l iving on the seventeenth day of May, one thousand e ight h u n d r e d and seventy-e ight , one child of t h e said las t -ment ioned |
| marr iage : | A n d Avhereas the said H a n n a h Eliza W a t k i n s Avas desirous | |
| of a l t e r ing and va ry ing the uses, t rus t s , estates, powers, and authori t ies of the said inden tu re of t he twenty-second day of J u n e , one thousand e ight h u n d r e d and seventy-five : A n d Avhereas by i nden tu r e bear ing |
da te
da te t he seventeenth day of May, in the year one thousand e ight h u n d r e d and seventy-eight , and made be tween the said I l a n n a h Eliza
| W a t k i n s of t h e first | pa r t , t h e | said | Joseph Wal l i s | of | t he | second par t , |
| t h e | said M a r y J a n e Wal l i s | of t he th i rd | par t , and t h e | said | S tephen | J o h n |
| Pearson and Reve rend | J o h n | Douse Langley , there inaf te r | called | " t h e |
| said t rus t ees , " of t h e | four th | pa r t , i t was witnessed t ha t , inter | alia, | i n |
order to effectuate t he said desire, t he said H a n n a h Eliza W a t k i n s did, in pu r suance of any and every power in anywise enabl ing he r to va ry and revoke cer ta in of t he uses, t rus t s , powers, and author i t ies conta ined in t he said inden tu re of the twenty-second day of J u n e , one thousand eight h u n d r e d and seventy-five, so as to comply wi th t he directions there inaf ter in t h e now reci t ing inden tu re contained thereby, direct t h a t i t should be lawful for t he said t rus tees to lend and advance to the said Joseph Wal l i s , out of t h e said s u m of one thousand five
| h u n d r e d pounds , any s u m or sums of money not exceeding | five |
h u n d r e d pounds t ha t m i g h t be required to purchase , advance, or ca r ry on any business, stock, p lan t , or appur tenances for t he said Joseph Wal l i s t h a t m i g h t be approved of by t he said t rus tees : A n d the said t rus tees were to lend such s u m upon such t e rms and condit ions, and to t ake such secur i ty as t hey m i g h t t h i n k mos t advisable : A n d whereas cer ta in
| o ther direct ions were given b y t h e said | H a n n a h El iza "Watkins in t h e |
| now reci t ing i nden tu re : | A n d whereas t he said H a n n a h El iza "Watkins |
| died on t h e seventeen th day of J a n u a r y , one thousand | e ight | hundred |
and eighty-one : A n d Avhereas the re is no power or au tho r i t y conferred by ei ther of t h e hereinbefore reci ted indentures of the twenty-second day of J u n e , one thousand e ight hund red and seventy-five, and t h e seventeenth day of M a y , one thousand e ight h u n d r e d and seventy- eight , upon t h e said t rus tees to use or expend any of the moneys ar is ing from the said lands in erect ing and cons t ruc t ing houses or o ther bui ld ings and improvement s on t h e said lands, or in ma in ta in ing , repa i r ing , or m a k i n g additions to t h e houses and bui ld ings a l ready erected or which m a y hereafter be erected thereon : A n d whereas the said Joseph Wal l i s has expended his own proper moneys in t he erect ion of houses, bui ldings , and o the r improvement s on the said lands , and in ob ta in ing a Torrens ' t i t le to p a r t thereof, a n d the re is no power or
| au tho r i t y | conferred | by | ei ther of t h e said las t -ment ioned | hereinbefore |
| reci ted inden tu res upon the said t rus tees to repay to t h e said | Jo seph |
Wal l i s t h e moneys so expended : A n d whereas it is expedient t h a t such powers and author i t ies as are hereinbefore referred to should be conferred upon t h e said S tephen J o h n Pea r son and Reverend J o h n
Douse Lang ley or o ther , t h e t rus tees for t h e t ime being of t he said
reci ted inden tures : Be it therefore enacted by the Queen ' s Most
| Exce l l en t Majes ty , | b y and wi th t h e advice and consent | of | t he |
Legislat ive Counci l 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 tho r i t y of the same, as fo l lows:—
| 1. I t shall be lawful for the said S tephen J o h n Pearson | a n d |
Reve rend J o h n Douse Langley , or t he t rus tee or t rus tees for t he t i m e be ing of t h e said indentures of t h e twenty-second day of J u n e , one thousand eight h u n d r e d a n d seventv-five, and the seventeenth dav of May , one thousand eight h u n d r e d and seventy-eight , in the i r discretion to app ly such par t of t h e ren ts , issues, and profits of t he lands comprised in t he said hereinbefore reci ted indentures , and of t h e moneys ar is ing from the sale thereof, and of t h e income ar is ing f rom t h e inves tment of such moneys , as m a y be necessary for t he purpose of pu l l ing down, e i ther wholly or in par t , t h e house heretofore k n o w n as " Southwood H o u s e , " facing the Old Sou th M a i n R o a d on the said land, and in erect ing and cons t ruc t ing , a t a cost not exceeding one thousand pounds , a new house and o ther bui ld ings and improvements
in
in lieu thereof, and in maintaining, repairing, and making additions to the houses and buildings already erected or which may be hereafter erected upon the said lands.
2. I t shall be lawful for the said Stephen John Pearson and Reverend John Douse Langley, or the trustees for the time being of the said indentures in the first section hereof mentioned, to repay to the said Joseph Wallis, as and when they in their discretion shall think fit, all or any portion of the moneys, not exceeding in the whole the sum of five hundred pounds, heretofore expended by him in the erection and construction of houses, buildings, and other improvements on the said lands, and in obtaining a Torrcns' title to part of the said lands.
3. I t shall be lawful for the said Stephen John Pearson and Iieverend John Douse Langley to pay out of the moneys in the first section hereof mentioned, or out of any other moneys in their hands, subject to the trusts of the said indentures in the first section hereof also mentioned, all reasonable expenses incurred by them in procuring the passing of this Act.
4. This Act shall be styled the "Watkins-Wallis Trust Estate
Act of 1892."