New South Wales Consolidated Acts

WALKER TRUSTS ACT 1938 - NOTES

Preamble

WHEREAS on or about the twenty-sixth day of August one thousand eight hundred and seventy-three Thomas Walker late of “Yaralla” Concord near Sydney in the then Colony of New South Wales Esquire duly made his last will and testament whereby after making certain bequests he devised and bequeathed all his real chattel real and leasehold estates and all the rest and residue of his personal estate as therein mentioned unto certain executors and trustees therein named their heirs executors administrators and assigns upon the trusts therein set forth AND the testator declared that in the event of his daughter Eadith Campbell Walker dying without issue (which event has since happened) then as regards the residue of his trust estate his Trustees should divide the same into two portions of as nearly equal value in their judgment as might be practicable and as regards one of those portions should hold the same in trust for certain persons as therein mentioned and as regards the other of those portions should distribute the same amongst charitable (not religious) institutions then or thereafter established in Australia in such proportions and to such institutions as they should determine AND WHEREAS the investments representing the last mentioned portion of the residue of such trust estate are now valued at the sum of three hundred and eighty thousand pounds or thereabouts AND WHEREAS on or about the sixth day of August one thousand eight hundred and eighty-six the said testator by a codicil made to his said will after making certain bequests stated that for a considerable time past he had had it in his mind to establish on part of his land known as “Yaralla” a hospital for the reception and restoration to health of convalescent patients from the hospitals of Sydney or elsewhere and enjoined the trustees of his will and his said daughter to accomplish his design as soon after his decease as it might be practicable to do so and with a view to enabling them to do so he thereby directed his trustees to appropriate and set aside out of his estate not less than one hundred thousand pounds for such purpose AND WHEREAS the said Thomas Walker died on the second day of September one thousand eight hundred and eighty-six and probate of the said will and codicil of the said testator was on or about the twenty-second day of November one thousand eight hundred and eighty-six granted by the Supreme Court of New South Wales to Joanna Walker and James Thomas Walker two of the executors in the said will and codicil named AND WHEREAS the trustees of the will and codicil of the said testator established and have since maintained a hospital known as the Thomas Walker Convalescent Hospital on part of his land at “Yaralla” aforesaid and appropriated a sum of one hundred thousand pounds out of his estate for the building and maintenance of the said hospital AND WHEREAS Alfred Consett Stephen of Sydney aforesaid and Perpetual Trustee Company (Limited) are now the trustees of the will and codicil of the said Thomas Walker deceased AND WHEREAS all the debts of the said Thomas Walker deceased have been paid and all specific and pecuniary legacies bequeathed by him have been satisfied and paid AND WHEREAS on or about the twenty-sixth day of July one thousand nine hundred and thirty-five the abovementioned Eadith Campbell Walker then Dame Eadith Campbell Walker made her last will and appointed the said Perpetual Trustee Company (Limited) to be sole executor and trustee of that her will and the testatrix gave and bequeathed the residue of her real and personal estate whatsoever and wheresoever situate (including all property over which she might have a general power of appointment of disposition by will) unto her trustees upon trust as therein mentioned and directed that her trustee should stand possessed of her residuary estate upon the trusts following that is to say (a) as to two equal third parts in trust for certain persons as therein mentioned and (b) as to the remaining one equal third part in trust for The Returned Sailors and Soldiers Imperial League of Australia New South Wales Branch AND WHEREAS the said testatrix died on or about the eighth day of October one thousand nine hundred and thirty-seven without having been married AND WHEREAS probate of the said will of the said testatrix was on or about the twenty-fifth day of November one thousand nine hundred and thirty-seven granted by the Supreme Court of New South Wales to Perpetual Trustee Company (Limited) the Executor and trustee named in the said will AND WHEREAS by indenture made the fifth day of February one thousand eight hundred and ninety-seven between the said Eadith Campbell Walker of the first part the said Eadith Campbell Walker and the said James Thomas Walker of Sydney aforesaid of the second part and the said Perpetual Trustee Company (Limited) of the third part it was recited inter alia that the said Eadith Campbell Walker having purchased the land therein referred to had caused the said land to be transferred to and vested in the said company for the purposes and upon the trusts thereinafter mentioned AND it was by the said indenture witnessed and declared by and between the parties thereto that the company did hold the securities particularised therein and the money thereby represented and the sum of six thousand pounds therein referred to upon the trusts therein following (all of which trusts are in this Act referred to as “The Yaralla Cottages” AND WHEREAS the said trusts were varied and enlarged by an order of the Supreme Court of New South Wales made on the eleventh day of September one thousand nine hundred and twenty-two on a petition No 116 of 1922 in the Supreme Court of New South Wales in Equity AND WHEREAS the trustees of the will and codicil of the said Thomas Walker deceased are desirous of establishing on the lands in the first schedule to this Act described a convalescent hospital for men to be called The Dame Eadith Walker Convalescent Hospital for Men AND WHEREAS the residuary beneficiaries under the trusts of the will of the said testatrix have consented to the sale of the lands in the first and second schedules to this Act described, by the said Perpetual Trustee Company (Limited) for the sums of £65,000 and £1,025 respectively to the said trustees of the will and codicil of the said Thomas Walker deceased AND WHEREAS certain difficulties have arisen as to the purchase and acquisition of the lands in the schedules to this Act set forth by the said trustees of the will and codicil of the said Thomas Walker deceased by reason of the said Perpetual Trustee Company (Limited) being one of the trustees thereof as well as being the sole executor and trustee of the will of the said Dame Eadith Campbell Walker deceased AND it is desirable that the trustees of the will and codicil of the said Thomas Walker deceased should be authorised and enabled to purchase the said lands with part of the moneys comprised in the charitable fund hereinafter in this Act defined AND WHEREAS it is desirable that the lands in the first schedule to this Act set forth should be vested in His Majesty for the purpose of The Dame Eadith Walker Convalescent Hospital for Men as in this Act mentioned AND WHEREAS it is desirable to commemorate the long association of the said Thomas Walker deceased with the town and district of Tenterfield:

BE it therefore enacted by the King’s Most Excellent Majesty and by 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:

Historical notes

The following abbreviations are used in the Historical notes:

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