1
The founder herself and the custodian trustee or trustees and the managing trustees which shall be hereafter appointed and constituted as hereinafter provided will stand seized and possessed of all the freehold and leasehold properties particulars of which are set out in the First and Second Schedules hereto subject to the various encumbrances thereon which now are or may for the time being be existing and subject to all the obligations present and future in respect of those properties respectively and all other properties real and/or personal which the founder may from time to time hereafter by declarations of trust or assurance of any kind appropriate to the said trust or vest in trustees or custodian trustees for the purposes of such trust (all of which are comprised and hereinafter referred to as the trust premises) upon trust that the same and the net income from time to time arising therefrom and the furnishings above mentioned and the furniture from time to time in the said Home for the purposes of same shall be appropriated and used in perpetuity for the establishment maintenance continuance and carrying on of a Home for Jewish Orphan and destitute Children in Wellington aforesaid in continuance of the establishment for those purposes now carried on by the founder in the premises erected upon the said piece of land situated in Rintoul Street in the said City described in Schedule 1 hereunder written (hereinafter referred to as the Home) with and subject to the stipulations and provisions hereinafter set out.
2
The trust premises and the net income arising therefrom shall be used and applied for the maintenance support housing upbringing clothing benefit and education of such Jewish Orphan Children whether of New Zealand or brought to New Zealand from elsewhere as are now inmates of the Home or shall be admitted to the Home as hereinafter provided and also where necessary any expenses in connection with any such inmates incurred preliminary to their admittance or upon their leaving the Home and any other expenditure required in the execution of the trust as set out in these presents.
4
Children shall be admitted to the Home by the founder or after her death or retirement from the active management by the managing trustees when duly constituted their decisions being expressed at meetings called by notice oral or written of not less than twenty four hours to act by a majority notwithstanding that some of such trustees have had no notice of the meeting.
6
The founder shall during her life have the general management of the Home and her sole remuneration for such management shall be a right for her with her husband to board and reside in the same Home in the apartments therein at present occupied by them or in other apartments on the same property and to receive all necessary medical and nursing attendance whilst incapacitated by illness and to receive from time to time such amounts as she shall require for her own personal expenditure the founder causing to be kept an account of all receipts and disbursements in connection with the upkeep of the Home and the maintenance and clothing of the children for the time being inmates of the Home and all expenses connected therewith and with any of the matters aforesaid.
7
The managing trustees when constituted shall from time to time appoint such person or persons as they may think fit to carry out any of the purposes of the trust including (as from the ceasing of the founder to manage the Home) a manager to have the general management of the Home.
8
All outgoings in connection with the said Home and the properties for the time being constituting the trust premises including City Rates costs of repair and upkeep of the properties and interest on any mortgages or charges on any of the said properties shall be a first charge upon the receipts in connection with the trust premises and shall be promptly paid upon their respective due dates out of moneys in hand.
9
For the purpose of erecting any building or making any improvements on any of the lands constituting for the time being the trust premises whether or not by reinstating or in place of any buildings which may be destroyed or damaged wholly or partially or by erecting other buildings in place of any existing buildings any money required may be raised by the founder or by the managing trustees by means of mortgage of any of the lands and premises forming part of the trust premises on such terms and conditions as may be arranged with power to pay off existing mortgages out of any moneys so borrowed and the custodian trustee or trustees shall where required execute all proper documents and instruments required for any such purpose.
10
Any of the trust premises may at any time be sold or realised otherwise than by sale and the proceeds expended in the purchase of other properties or the improvement of other of the trust premises the intention being that as far as reasonably possible the capital of the trust premises shall be preserved intact for the purposes of the trust but there shall be no compulsion to sell or realise any property for the reason that it is of a terminable or wearing-out nature.
11
The managing trustees when duly constituted shall meet for discussion of the affairs of the trust and the trust premises and decisions thereon in accordance with regulations made from time to time by them and in cases of urgency such meetings may be held upon notice to the trustees or such of them as may be accessible by registered post of not less than three days of the time of the meeting.
12
It is declared that the Home established in pursuance of the trust shall be carried on as far as reasonably possible in accordance with the following provisions that is to say:—
13
For the purpose of assisting in supervising the management of the said Home it is desired that there shall be a Board of Management of the said Home constituted of the managing trustees or such of them as they shall from time to time appoint together with the president for the time being of the Wellington Hebrew Congregation (if willing to act) and such other persons as the trustees shall from time to time appoint the following persons being suggested as the first of the last mentioned appointees Miss Lena Van Staveran, Mrs Aaron Samuels, Mrs Kantor, Mrs J Meltzer, Mrs L Caselberg, Mrs M Gotlieb, Mrs S Tresider and Mrs D Lewis and such Board of Management or the majority present at a meeting duly called shall have such powers and authorities as the Managing trustees shall from time to time direct but under the overriding control of the managing trustees.
14
It is desired that in making of appointments from time to time of persons to carry out the working of the said Home and the teaching of the inmates thereof preference shall be given to persons who have been inmates of the Home where such are available and are deemed to be suitable also that the same shall be considered in appointing new managing trustees.
15
Upon the death or incapacity to act through absence from Wellington illness or disablement for more than six calendar months of any of the managing trustees or otherwise upon any of them ceasing to act as same or becoming incapable of so acting the remaining managing trustees or the majority of same may appoint a managing trustee in his or her place.
16
The founder or the managing trustees when duly constituted or the majority of them may if and when they shall think fit but with the consent of the founder whilst able to act employ at a fit remuneration any suitable person or persons to do any act or acts in pursuance of the trust including the receipt of money although the managing trustees or some of them could themselves have done that act or those acts and any of the managing trustees being a person engaged in any profession or business or any firm of which he shall be a member may if so employed make and be paid out of the trust funds such reasonable charges for the services rendered as he or they might make and recover if those services had been performed for and at the request of any person or institution for whom the trustee in question was not acting as a trustee.
17
If it shall appear to the founder or the managing trustee at any future time that in view of the purposes of the trusts it is desirable that the said Home should be removed to another site in or near the City of Wellington aforesaid and that such a site is available or can be advantageously obtained the founder or the managing trustees may for the purposes of the trust with the consent of the founder while able to act remove the said Home to such other site and for that purpose may purchase the land and premises comprising such site and may if found advisable erect upon it buildings for such purpose and suitably furnish the same the moneys required for such purpose being found either from accumulations of capital moneys of or belonging to the trust or from the sale of any lands or other properties of or belonging to the trust and/or from any other source or by the raising of a mortgage or mortgages upon any of the properties of the trust including any such land so purchased.
18
Further real or personal property may from time to time be added to the trust premises by the founder or others.
20
All or any of the trusts and powers vested in or exercisable by the managing trustees when duly constituted under these presents or otherwise shall so long as there shall be not less than three of them be capable of being performed or exercised by a majority of the managing trustees for the time being with the consent of the founder whilst capable of acting and any action or decision of such majority with such consent shall be as valid and effectual as it would have been if done or made by all the managing trustees for the time being.
In witness whereof the said Annie Deckston (the founder) has hereunto set her hand this Thirty first day of March, Nineteen hundred and thirty six (1936).
The First Schedule
All that piece of land situate in the City of Wellington aforesaid containing one Rood One and One tenth perches (1 rd and 1.1 p) more or less being part of Section 971 City of Wellington and being the land comprised in Certificate of Title Register Book volume 132 folio 300 Wellington Registry subject to mortgage to Timothy Buckley to secure the principal sum of $2000 and interest thereon.
The Second Schedule
All that piece of land situate in the City of Wellington containing Eleven and six tenths perches (11.6 p) more or less being part of Section 7 Evans Bay District and being Lot 2 on Deposited Plan Number 5531 and being the land comprised in Certificate of Title Register Book Volume 294 folio 131 Wellington District subject to mortgage Registered Number 141768 to Edith May Barker to secure the principal Sum of Two thousand dollars ($2,000) and interest thereon.
Secondly, all that piece of land containing Twenty eight and seven tenths perches (28.7 p) more or less being part of Section 7 on plan of Evans Bay District being part of Lots 20 and 21 on Deposited Plan Number 1109 being the land contained in Certificate of Title Register Book Volume 199 folio 61 Wellington Registry subject to mortgage Number 184671 to His Majesty the King to secure Four thousand Eight thousand seven hundred and fifty dollars ($8, 750) and interest thereon and Subject to mortgage Number 184723 to AH Wallace to secure Three thousand dollars ($3,000) and interest thereon.
Thirdly, all that piece of land containing Twenty six and five tenths perches (26.5 p) more or less situated in the City of Wellington being part of Town Acre 59 and being Lot 2 and the part marked “Right of Way”
on Deposited Plan 929 Wellington Registry and being land contained in Certificate of Title Register Book Volume 393 folio 200 subject as to “Right of Way”
to rights thereover created by transfers 39782 and 194215 also to conditions in City Council's consent endorsed on Deposited Plan 929 also to Order in Council 289 exempting Nairn Street from Section 117 of Public Works Act 1908 as to conditions re building line also to Mortgage Number 191578 to Dominica Caroline Bowden to secure One thousand six hundred dollars ($1,600) and interest thereon and to Mortgage to the Commercial Bank of Australia Limited.
Fourthly, Parts of all that piece of land containing three roods and Seven ninety three hundredths perches (3 r 7.93 p) more or less situate in City of Wellington being balance of part of Section 295 and being Lots 1 to 12 inclusive and Lot 15 on Deposited Plan Number 6669 and being balance of land in Certificate of Title volume 339 folio 108 Subject to Order in Council exempting Brougham Street from Section 117 Public Works Act 1908 and Order in Council exempting Nairn Street from same Section subject to conditions as to building and subject also to outstanding lease 51378 as varied by 53757 of parts of land also subject to outstanding lease number 53727 of part of land also to outstanding lease 53758 of parts of land also to outstanding Lease Number 70898 of part of land and to outstanding Agreement for Sale Registered Number 147922 of part of land and to outstanding Agreement for Sale Registered Number 148029 of part of land.
Fifthly, Lease Registered Number 18293 from the Wellington Hospital Board of parts of all that parcel of land containing Two Roods Fourteen and eighteen hundredths perches (2 r 14.18 p) more or less situate in the City of Wellington being part of Reserve Number 12 of the City of Wellington and being also Lots 1 to 4 on Deposited Plan Number 1461 and being the land comprised in Certificate of Title volume 440 folio 35 Wellington Registry.
Sixthly, land held under lease Registered Number 10639 Wellington Registry from various Aboriginal Natives of that piece of land containing seven acres one rood seventeen perches (7 acrs 1 r 17 p) more or less being subdivision 4 of Section 58 Hutt District and being all the land comprised in Certificate of Title Volume 30 folio 54 Wellington Registry.
Seventhly, All that piece of land containing three acres and 34 perches (3 acrs 34 p) more or less being Subdivision 3 of Section 58 Hutt District and being the land comprised in Certificate of Title volume 31 folio 229 Wellington Registry excepting and reserving one public Road one hundred links wide intersecting the area and subject to a right of Road 100 links wide reserved through the area.
Eighthly, the founder's interest in an unregistered Memorandum of Lease protected by Caveat Registered Number 4269 Wellington Registry of all that piece of land containing three acres two roods sixteen perches (3 acrs 2 r 16 p) being Subdivision 1 of Section 58 Hutt in Belmont Survey District and being the land comprised in Certificate of Title volume 157 folio 22 Wellington Registry.
Ninthly, The interest of the founder in Memorandum of Lease executed but not yet confirmed by the Maori Land Court at Wellington over that piece of land containing Ten acres and two roods (10 acrs 2 r) and being the Maori Land Court Subdivision Number 1 of Section 42 Hutt District and being the land comprised and described in Certificate of Title Volume 141, folio 95 Wellington Registry.
Tenthly, the interest of the founder in Lease of Subdivision 2B Section 58 Hutt District from various Maori to the founder being the land described in Certificate of Title volume folio sic: the volume and folio numbers are not shown in the original legislation Wellington Registry.
Eleventhly, the interest of the founder in Outstanding Deed of Lease Registered Number 139453 of that parcel of land containing Five and five tenths perches (5.5 p) more or less situate in the City of Wellington being part of Section 270 and being all the land comprised in leasehold Certificate of Title volume 340 folio 160 Wellington Registry.
Twelfthly the interest of the founder in Outstanding Deed of Lease Registered Number 138454 of that piece of land containing two roods twenty three and four tenths perches (2 r 23.4 p) more or less situate in the City of Wellington being part of Section 270 and being the land comprised in leasehold Certificate of Title volume 340 folio 161 Wellington Registry Subject to the rights created by certain Deeds of sub-lease.
Thirteenthly, all that parcel of land containing fifteen and three tenths perches (15.3 p) more or less being Lot 3 on Deposited Plan Number 929 part of Section 58 City of Wellington and being the land comprised in Certificate of Title volume 97 folio 10 Wellington Registry subject to Mortgage Registered Number 220447 to FAME Limited to secure 4500 and interest.
| Signed sealed and delivered by the said Annie Deckston in the presence of | |
| MATTHEW G NEAL | A DECKSTON |
| Solicitor, | |
| Wellington. | |
The expressions “Two thousand dollars”
, “Eight thousand seven hundred and fifty dollars”
, “Three thousand dollars”
, and “One thousand six hundred dollars”
were substituted, as from 10 July 1967, for the expressions “One thousand pounds”
, “Four thousand three hundred and seventy five pounds”
, “One thousand and five hundred pounds”
, and “Eight hundred pounds”
respectively pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).
The Public Works Act 1908 was repealed, as from 6 October 1928, by section 346 Public Works Act 1928 (1928 No 21). That Act was in turn repealed, as from 1 February 1982, by section 248(1) Public Works Act 1981 (1981 No 35).
The words “Maori”
and “Maori Land Court”
were substituted, as from 27 November 1947, for the words “Natives”
and “Native Land Court”
pursuant to section 2(2) and section 4(2) respectively of the Maori Purposes Act 1947 (1947 No 59).