WHEREAS by his last will and testament and two codicils thereto, bearing date respectively the seventeenth day of July, one thousand eight hundred and eighty, the ninth day of June, one thousand eight hundred and eighty-five, and the twenty-fourth day of July one thousand eight hundred and eighty-eight, and which taken collectively are hereinafter referred to by the denomination of the said will, the Honourable William Robinson, of Christchurch and Cheviot Hills, gentleman, after making certain specific bequests of personal property, devised and bequeathed all his real and the residue of his personal estate to Joseph Palmer, Francis Henry Dillon Bell, Charles Ralph Campbell, and his daughters Elizabeth Eliza, Eleanor, and Emily, therein called his said trustees, and the survivor or survivors of them, and the executors, administrators, and assigns of such survivor, upon and for the trusts, intents, and purposes, and with and under and subject to the powers, provisoes, and declarations therein expressed: And whereas the said Honourable William Robinson died at Christchurch aforesaid on or about the ninth day of September, one thousand eight hundred and eighty-nine, without having altered or revoked his said will further or otherwise than is set forth in the said several codicils: And whereas the said will was duly exhibited, read, and proved before John Edward Denniston, Esquire, a Judge of the High Court of New Zealand; and by order bearing date the twenty-seventh day of September, one thousand eight hundred and eighty-nine, administration of the estate, effects, and credits of the deceased was granted to Joseph Palmer, Francis Henry Dillon Bell, Charles Ralph Campbell, Elizabeth Eliza Robinson, Eleanor Lance, and Emily Robinson, the executors and executrices in the said will named: And whereas the said will is now filed of record in the office of the High Court of New Zealand at Christchurch aforesaid: And whereas the said testator by his said will declared that, subject to certain annuities and other payments thereby directed to be made and the trusts therein declared, the trust premises arising from and constituting his real and residuary personal estate should be divided or considered as divided into as many equal shares as he should have daughters living at the time of his death; and one such share should be appropriated or considered as appropriated to each of his daughters respectively: And whereas the testator by his said will set forth and declared the trusts upon which the share of each of his said daughters respectively should be held and dealt with by the said trustees: And whereas, subsequently to the death of the said testator, his said daughter Emily in his said will mentioned married Patrick Campbell, of Christchurch aforesaid, gentleman: And whereas the five daughters of the testator in his said will mentioned all survived him, and are now living, and are all now of the age of twenty-one years— to wit, Elizabeth Eliza Robinson, of Christchurch, spinster; Sara, the wife of Charles Ralph Campbell, of Cheviot Hills, gentleman; Caroline, wife of Francis Henry Dillon Bell, of Wellington, Esquire, Barrister-at-law; Eleanor Lance, of Okeover, near Christchurch, but now residing in England, widow; and Emily, wife of Patrick Campbell, of Christchurch aforesaid, gentleman: And whereas, during the first triennial period under The Land and Income Assessment Act 1891, the trustees under the said will were dissatisfied with the amount at which the whole of the lands constituting the Cheviot Estate mentioned in the said will were assessed for the purposes of the said Act, and in accordance with the provisions of the said Act they called upon the Commissioner of Taxes either to reduce the said assessment to the sum at which the said lands were valued in the return made by the said trustees, or else to purchase such land at the sum at which the same was so valued by them in such return: And whereas the said Commissioner, in the exercise of the discretion vested in him by the said Act, refused to reduce the said assessment and elected to purchase and acquire the said land at the sum at which the same was valued in such return, namely, the sum of five hundred and twenty thousand four hundred and forty dollars: And whereas, by order in Council bearing date the twenty-ninth day of December, one thousand eight hundred and ninety-two, and published in the New Zealand Gazette number five, bearing date the nineteenth day of January, one thousand eight hundred and ninety-three, His Excellency the Governor gave his consent to such purchase and acquirement: And whereas, by reason of the said purchase and acquirement of the said Cheviot Hills property a large sum of money has come or will shortly come into the hands of the trustees under the said will, for which it will be obligatory on them to find investments, and the burden of their duty as such trustees will be largely increased and rendered much more onerous than was anticipated either by the testator or themselves: And whereas it is desirable, both in the interests of the beneficiaries under the said will and of the said trustees, that the funds arising from the sale and realisation of the real and the residue of the personal estate of the testator after satisfying the costs, charges, and expenses attending such sale and realisation, and the debts and liabilities of the testator and of his trust estate, should be divided into as many equal shares as there were daughters of the testator living at his death, and that each such share should be transferred to and held by separate trustees upon the same trusts and to and for the same persons as the trustees of the said will now hold the same: And whereas, having regard to the great change that has taken place in the constitution of the said estate by reason of the aforesaid purchase and acquirement of the said Cheviot Hills Estate, and the large sums of money for which it will be the duty of the trustees of the said will or of such share and shares respectively to find investment, it is desirable that the powers of investment conferred upon the said trustees by the said will should be enlarged within certain reasonable and defined limits: And whereas the objects of this act are not attainable otherwise than by legislation:
The references to the
“High Court” was substituted, as from 1 April 1980, for a reference to the
“Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124). The reference to
“five hundred and twenty thousand four hundred and forty dollars” was substituted, as from 10 July 1967, for a reference to
“two hundred and sixty thousand two hundred and twenty pounds” pursuant to section 7(1) of the Decimal Currency Act 1964 (1964 No 27).