William Clift Trust Estate Act 1926 (NSW)
| WUliam Clift Trust Estate. | 237 |
IVILLIAM CLIFT TRUST ESTATE
ACT.
An Act to appoint additional trustees of the will George V.
and codicils of William Clift Lite of Breeza in the State of New South Wales to enable the trustees of the said 'will and codicils to sell the real estate devised therein to allocate the incidence of certain charges imposed by the said -will and codicils on the said real estate and for other purposes incidental thereto, [Assented to, 5th March, 192().]
'AT'^IIEREAS at the respective dates of Ins 'will and Preamble.
codicils and death hereinafter mentioned William Clift formerly of Breeza in the State of New Sonth Wales Avas carrying' on the business of a grazier at Breeza afore said in co-partnership rvith Joseph Clift Samuel Clift and ■George Clift under and hy virtue of certain Articles of Agreement dated the third day of September om; thousand eight hundved and seA'enty-scven : And Avhereas hy his will dated the eleventh day of Octohei' one thousand eight hundred and eighty-eight the said William Clift appointed his wife Mary Ann Clift his son Samuel Branxton Clift and Joseph Henry Clilt executrix executors and trustees thereof and charged his estate generally Ardth the payment of an annuity of seventy-eight pounds per annum to his brother James Clift and subject to the provisions of the said Articles of Agreement gaA'e devised and becpieathed unto his five sons the said Samuel Branxton Clift John Branxton Clift William George Clift Alexander Morson Clift and "Walter "Williana Clift all his share nml interest in the lands live stock and plant then the pioperty of the said partnership in Avhich the said
y '
testator
238 William Clift Trust Estate.
George V. testator included also all liis lands at Breeza or in tliat neighbourhood in tlie nature of freehold and then standing in his name his said sons taking the real estate as tenants in common and the live stock and other personal estates share and share alike the whole standing charged nevertheless with the payment hy his ■ said sons within seven years after his decease of the sum of four thousand pounds to his wife the said Mary Ann Clift and five thousand pounds to each of his live daughters in the said will named the said sums bearing interest at the rate of four pounds per centum per annum for the said period of seven years or until pay ment and in respect of the said, devise and hf'quest to his said sons the said testator declared liis will and meaning to be that should any of the said sons die- Avithout leaving lawful issue him surviving tlie share of such son should fall into and merge in the devise to his surviving brothers the lawful issue of such a one as might have died leaving such issue him surviving taking Ijetween them tlie share of their deceased parent: And wliereas liy a first codicil to his said will dated the third day of November one thousand eiglit hundred and eighty.eight the said testator declared that sliould any of his said sons die leaving a Avife but no issue him surviving he charged the deAUSc and bequest to his said sons generally with the payment to such AA'ifo of the sum of tAvo thousand five hundred pounds to he paid to her Avithin tAA'cĥ e months after tlie death of her husband provided that if such husband should hy his last Avill forbid such payment the provision therein contained for the benefit of his said Avife should not come into operation : And Avhereas the said testator subsequently executed second and third codicils to his said Avill the terms of Avhich arc not now m aterial: And Avhereas by a fourth codicil to his said Avill the said testator charged the said annuity to his brother James Clift only upon his station lands and interest instead of generally upon his estate and the said testator also revoked the legacy gh^en hy his will to his said Avife of four thousand pounds and in lieu thereof charged his estate Avith the payment to his said Avife of an annuity of one hundred and sixty pounds payable half- yearly : And Avhereas the said testator died on the thirtieth
day
| William Clift Trust Estate. | 239 |
Henry Clift as such executrix and executors as aforesaid : And whereas the said Mary Ann Clift died on or about the fourteenth day of February one thousand nine hundred and fourteen and the annuity bequeathed to her has been fully paid and discharged : And whereas the legacies (and all interest thereon) bequeathed hy the said will to tlie said five daughters of the testator and charged on the said lands have long since been fully paid and satisfied : And whereas tlie said Joseph Henry Clift died o]i or about the twenty-sixth day of January one thousand eight hundred and ninety-four: And whereas the said Samuel Branxton Clift is now the sole trustee of the will and codicils of the said testator: And whereas the said James Clift mentioned in the said wilt and the fourth codicil tliereto died long since and the annuity bequeathed to him has been fully paid and satisfied; And wliereas the said Samuel Branxton Clift who is now of the age of seventy-two years is married to Jane Sojihia Dixon Clift and has lawfvd issue now living four children and no more namely ;— Clive Eric Clift Alva May Stanton wife of Arthur Stanton Eaymond Lysle CliH and Vida Bae Clift all of whom arc adults : And whereas John Branxton Clift who is now of tlu' age of seventy years is a widower and has lawful issue now living four children and no more namely:—John McElhone Clift Arthur Branxton Clift William Ambrosoli Clift and Joseph Allen Clift all of whom are adults: And wher(!as the said William (feorge Clift married iflizabeth Ann Clift and died on or about the fourteenth day of November one thousand eight hundred and ninety-two leaving him surviving the said Elizabeth Ann Clift and three children and no more namelv :—M^illiam Clift Jjilian Mav Clift and Verlic Vickers wife of -lobn Vickers: And whereas upon the death of the said William George Clift leaving such issue as aforesaid his undivided share in the said lands became absolutely vested : And whereas by his last will dated the twenty-third day of October one
dayof Marcli one tliousand eight hundred and eighty-nine George V
and probate of the said will and four codieils was on
the thirtieth day of September one thousand eight
hundred and eighty-nine duly granted to the said
thousand
240 William Clift Trust Estate.
George V. thousand eight hundred and ninety the said Williani-.
George Clift devised and bequeathed all his real and personal estate to the said Elizabeth Ann Clift and probate of his said will was duly granted to her as executrix : And whereas by indenture of settlement dated the eightli day of Alarch one tliousand eiglit hundred and ninety- three the said Elizabeth Ann Clift conveyed and assigned the property so devised and liequeathed to her to trustees therein named upon trust for herself for her life with remainder to her said throe children in equal shares: And whereas the said Alexander Morson Clift died on or about the eleventh day of January one thousand nine Imndred and eleven a baclielor and intestate: And whereas the said AValter AÂ illiam Clift who is now of the age of lifty-one years is married to Edith Clift and lias lawful issue now' living nine children and no more of whom two namely:—Mary Gertrude Ann McElhone O’Neill wife of John O’Neill and AAllliam Thomas AEcEllione Clift are adults : And whereas by marriage settlement dated the fourteenth day of Eebruary one thousand ei"ht hundred and ninety-nine the said AAbalter AAulliam Clift assigned to Arthur McElhone as trustee all his share and interest under the will of the said testator AA'iHiam Clift to hold the same in trust to pay to his wife the said Edith Clift three hundred pounds per annum and the halance of the rents and profits to him the said AA’alter AAllliam Clift during their joint lives and after the death of either to pay the whole of the said rents and profits to the survivor and after the death of the survivor to hold the said share upon trust for the children of the marriage : And Avhereas by a decree of the Supreme Court of N cav South AÂ ales in E(puty made on the thirteenth day oh October one thousand eight hundred and ninety-nine in the suit of the said Samuel Branxton Clift and others versus the said Alary Ann Clift and others it Avas declared tliat upon the true construction of the said Avill and codicils of the said testator AA'illiam Clift the said Samuel Branxton Clift John Branxton Clift AAhlliam George Clift Alexander Aforson Clift and AA'alter AA’illiam Clift respectively took absolute interests in their respective shares of the lands devised to them as aforesaid subject hoAvever to a gift over of all the share of each of
the
| William Clift Trust Estate. | 24,1 |
the said sons of tlie said testator "William Clift in the George V.
event of the death at any time of the son entitled to such
share without leaving lawful issue him surviving ; And
whereas shortly before the death of the said testator
"William Clift in pursuance of the said Articles of
Partnership a Partition was effected by the said partners
of the land then the property of the partnership and
certain lands amounting in area to twenty-nine thousand
two hundred and nineteen acres or thereabouts were
thereupon transferred to the said testator William C lift;
And wliereas by Indenture of Conveyance and Assign
ment dated the twenty-seventh day of June one
thousand nine hundred and twenty-four and made
between the said Elizabeth Ann Clift and Verlie \lckers
of the first part the said Elizabeth Ann Clift of the
second part the said William Clift Verlie Vickers and
Lilian May Clift of the third part and the said Samuel
Branxton Clift and John Branxton Clift of the fourth
part all the right title and interest of what kind soever
taken hy the said Elizabeth Ann Clift William Clift
Verlie Vickers and Lilian May Clift and each of them
by virtue of the said Indenture of Settlement of the
eighth day of IMarch one thousand eight hundred and
ninety-three and of the wills of the said testator William
Clift and the said "VV̂ illiam George Clift were conveyed
and assigned to the said Samuel Branxton Clift and
John Branxton Clift for their sole use and benefit
absolutely as tenants in common: And whereas hy
Indenture of Mortgage dated the twenty-seventh day
of June one thousand nine hundred and twenty-four
and made between the said Samuel Branxton Clift and
John Branxton Clift of tire first part Hugh Ilamon
Massie General Manager of the Commercial Banking
Company of Sydney Limited of the second par t and the
| Commercial Banking Company of Sydney Limited of the | ■ |
| thii-d part all the right title and intei-est of what kind soever taken by the said Samuel Branxton Clift and John Branxton Clift by virtue of the said Indenture of Conveyance and Assignment of the twnity-seventh day of June one thousand nine hundred and twenty-four w:i« granted assigned and transferred unto the said Com mercial Banking Company of Sydney Limited by way of mortgage to secure to the said Bank the repayment of a |
sum
242 William Clift Trust Estate.
George V. sum of thirteen thousand five hundred pounds : And
whereas hy an Agreement for Partition dated the twenty- seventh day of June one thousand nine hundred and twenty-four and made between the said Samuel Branxton Clift of the first part the said John Branxton Clift of the second part the said Artliur McElhone of tlie third part the said "Walter "William Clift of the fourth part and the said John Branxton Clift and Samuel Branxton Clift of the fifth part it was agreed to make a partition of the lands devised as aforesaid by the Avill of the said testator William Clift (and move particularly described in the four Schedules annexed to the said Agreement) on the terms thatSamuel BranxtonClift should take in severalty the lands comprised in the said first schedule the said John Branxton Clift should take in severalty the lands comprised in the said second schedule the said Arthur McElhone should take in severalty as such trustee as aforesaid the lands comprised in the said third schedule and the said Samuel Branxton Clift and John Branxton Clift should take as tenants in common the lands com prised in the said fourth schedule : And Avhereas the
| - lands described in the said four schedules comprised all the area transferred fronr the said partnership to the said testator "William Clift as aforesaid all the said testator’s lands at Breeza or in that neighbourhood in the s-aid Avill mentioned and also an area of fifty acres or thereabouts purchased subsequently to his deatli b\’ his said trustees Avith monevs derWed | V | *■ |
from the income of his estate and since held hy such trustees on the trust of tin; said Avill and codicils: And AAdiereas the said scheduled lands comprise all the lands noAV held on the trusts of tlie will of the said testator "William C lift; And Avhereas hy a Decree of the Supreme Court of Ncav South AVales in Equity dated the thirteenth day of AoA'emher one thousand nine hundred and tAventy-four and made in a suit of Avhich Avere parties all the ]iersons then in existence and having any beneficial interest in the said lands the said Arthur McElhone as such trustee and the said Bank as such mortgagee as aforesaid it Ai as ordered that the said lands he partitioned amongst the persons interested therein in accordance Avith the terms of the said Agreement for Partition and it was further ordered that the said land so
partitioned
| William Clift Trust Estate. | 243 |
pai’titioned should ho taken and held subject to the George V. Arrangement made on the twenty-ninth day of October one thousand nine hundred and twenty-four between the said Jane Sophia Dixon Clift of the first part Edith Clift of the second part the said John Branxton Clift of the third part the said Samuel Branxton Clift of the fourth part and the said Walter William Clift of Ihe fifth part the said Jane Sophia Dixon Clift and Edith Clift severally renounced their rights to the con tingent legacies of two thousand five Imndred jiounds each bequeathed as aforesaid by the said first codicil to the will of the testator AVilliani Clift and each of them the said John Branxton Clift Samuel Branxton Clift and Walter William Clift covenanted with the others of them that he would hy his last will or hy a codicil thereto forbid the paynumt of any ])ortion of the said contingent legacy to any wife present or futun^ who might survive him : And Avhereas cacti of the said partitioned areas is uoav of
limitations contained in tlie will of the said testator
the value of Thirty thousand pounds or thereabouts :
And whereas it is expedient that the contingent legacies charged as aforesaid on the said partitioned lands should he secured as to each such legacy on one only of the said partitioned areas and not on the said lands generally :
And Avhereas since the death of the said testator William Clift until the year one thousand nine hundred and tAventy-one a grazing business Avas conducted on the said partitioned lands hy the persons hemeticially interested therein and for that purpose such lands \Acre Avorked as a Avhole : And Avhereas all the stock on the said lands were lost hy drought in the said year and their replace ment has been found impossible: And Avhereas the income now received from the said lands is insufficient to keep down the annual charges thereon : And Avhereas the said Samuel Branxton Clift and the said Arthur McElhone as such trustees and the said Commercial Banking Company of Sydney Limiti'd as such mortgagee as afonesaid and all the persons noAV adult and entitled to beneficial interests in the said lands are of opinion that it Avould he advantageous to all persons concerned if poAver to sell the said lands Avere conferred on the trustee or trustees for the time being of the said Avill and
codicils
244 William Clift Trust Estate.
| George V. codicils of William Clift: | And whereas the said Samuel |
Branxton Clift as snch trustee as aforesaid is advised that no valid authority to sell the said lauds can he con ferred on liim hv anv Court of Law or Equitv : And whereas it is expedient to appoint three additional trustees of the said will and codicils and the present trustee the said Samuel Branxton Clift is advised that it is douhtful whether such appointment can lawfully be made hy him as sole survivin;^ trustee of the said will and codicils : And whereas it is expedient that vesting orders of the said lands consequential on such appointment should be made : Be it tliei’efore enacted hy the King’s Most Excellent iMajesty hy and with the consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—
| Short title. | 1 . This Act moy he cited as the “ 'William Clift Trust Estate Act 1920.” |
| Appointm<.'nt | 2. |
Clive Eric Clift of Breeza in the State of New South lYales grazier Arthur Branxton Clift of the same place grazier and George Hill McElhone of Sydney in the said State dentist arc hereby appointed trustees of the will and codicils of the said lYilliam Clift in addition to the said Samuel Branxton Clift and future appointnumts of new trustees of the said will and codieils may be made in accordance with the ju’ovisions of any Act relating to the appointment of new trustees for the time being in force.
«)f acl(liti(»nal
trustees.
Allocation of
| incidence of | 3. Notwithstanding anything in the said will or |
| contingent | codicils contained the contingent legacies directed hy the |
| charges. | said first codicil of the Aviil of lYilliam Clift to be paid to the respective wives of such sons of the testator as should die leaving a wife hut no issue surviving and Avithout having forbidden such payment hy Avill or codicil shall he charged only upon the lands contained in the first second and third schedules to the said decree of the Supreme Court in Equity dated the thirteenth day of November one thousand nine hundred and twenty-four or u])on the proceeds of sale of such lands and in manner following and not otherwise :—• |
(i) As to the legacy payable to any Avife of Samuel
|
thereto
| William Clift Trust Estate.- | 245 |
| - | thereto only upon the lands included in tlie George V. said first schedule or upon the proceeds of sale thereof |
(ii) As to the legacy payable to any wife of John ilranxton Clift who may become entitled thereto only upon the lands included in the said second schedule or upon the proceeds of sale thereof
(iii) As to the legacy payable to any wife of Waitin' AVilliam Clift who may become entitled thereto only upon the lands included in the said third schedule or upon the proceeds of sale thereof.
4. (1) The trustee or trustees for the time being of Power to sell
the said will and codicils of AVilliam Clift shall have
power to sell and convey (whether in subdivision or
otherwise) exchange for other lands mortgage lease or
otherwise deal Avith the Avhole or any portion of the
lands contained in tlie said first second and third
schedules to the said lastmentioned Decree freed fi'om
| all trusts charges and limitations alfeeting the same and | ' |
| in all respects as if ho or they were the absolute owner or OAvners of the fee simple in such lands. And the said poAver shall he deemed to include in relation to the said | |
| lands |
| (a) | A poAver to cut and sell or contract for the cutting and sale of any timber |
| (b) | A power to sever and sell fixtures apart from the halance of the property |
| (c) A power to sell any easement right or other | . |
privilege
| (d) | A power to lay out and make such roads streets and AA'ays to he dedicated to the public or not and to grant such easements rights of Avay or drainage over the same as the circumstances oj the case may require |
| (e) | A jiower to suri'cnder any ])ortion of the said lands to the Crown and to accept anv other lands in lieu of such jiortion so surrendered |
(2) Th.e power aforesaid shall he exercised
| (a) | i\s to the lands comprised in the said fii'.̂t schedule only Avit l i the consent in Avritiiig of the said Samuel Dranxton Clift during h i s life, |
(h)
246 William Clift Trust Estate.
| George V, | (h) As to tlip lands comprised in the said second scliodule only with the consent in Avriting of the said John Branxton Clift during liis life | |
|
5. The receipt or I’eceipts in Avriting of the trustee or
Trustees
receipt to be
| sutlicieiil | trustees for the time being of the said Avill and codieils |
| (lischar<;o. | shall he an absolute discharge to any purchaser mortgagor lessee or other person or persons paying any moneys to such trustee or trustees and shall exonerate the person or persons so paying from the necessity of seeing to the application of such moneys from any liability for the non-application or misapi'Jication of the same or any part thereof. |
| Vesting of | |
| lands in | G. Tlie lands contained in the said first second and third schedules of the said Decree of the thirteenth day of November one thousand nine' hundred and tAventy-fonr are hereby A'ested in the said trustees Samuel Branxton Clift Clive Eric Clift Arthur Branxton Clift and George Hill i^[cElhollc their heirs and assigns for an estate of inheritance in fee simple. |
| trustees. | |
| E xcep t as stated |
| tru s ts o f will and | 7 . SaA"c as hereinbefore mentioned the trusts of the |
| codicils shall not |
| be affected h,\- | said Avill and codicils of William Clift shall not bo |
| this Act. | alfected hy the provisions of this Act. |
| Trustees may | 8. The trustee or trustees for the time lieing of the |
| pay costs etc. |
| of Act. | said will and codicils of UTlliam Clift may pay out of the corjms of the trust estate the costs charges and expenses of and incidental to the drafting preparation and passing of this Act. |
VAUCLLSE
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