Whereas Eliza White, late of Christchurch, widow, died on 13 November 1909, having first made her last will and testament bearing date 10 March 1907 and 1 codicil of the same date not material to the present situation, which will and codicil were proved in the Supreme Court of New Zealand at Christchurch on 9 December 1909:
And whereas the present trustees of the said will and codicil are Maud Magdalean White, of Christchurch, spinster, Beatrice Joseph Bunz, of Christchurch, widow, 2 of the daughters, and Charles Joseph James Morkane, of Christchurch, medical practitioner, a grandson of the testatrix:
And whereas, after bequeathing certain legacies and making certain dispositions of her property, the testatrix devised and bequeathed the residue of her real and personal estate to her trustees upon trust out of income thereof to pay certain annuities, with power to apply the surplus income of her estate in paying off mortgages charged on her real estate or such further mortgages as she empowered her trustees to raise for the purpose of building upon or improving her said real estate, with power for her trustees to sell the whole or any part of her real and personal estate, and by her said will she further directed that her trustees are to stand possessed of the residue of her real and personal estate subject as aforesaid in trust for the purpose of founding, building, equipping, and maintaining 2 orphanages in or near Christchurch, one for the reception of destitute female orphan children and the other for the reception of destitute male orphan children, the orphanage for female orphan children to be first established and the orphanage for male orphan children not to be undertaken unless or until the trust estate of the testatrix shall be more than sufficient for the one first to be established, and by the said will she further directed that each such orphanage should be placed under the immediate management of some recognized religious order in the Roman Catholic Church approved of for the purposes by the Roman Catholic Bishop of Christchurch for the time being, and to be called Saint Joseph's Orphanage, and she further directed that the trustees should associate themselves with the Roman Catholic Bishop for the time being in all matters connected with the admission of children to the orphanage and the general policy of management thereof:
And whereas, in pursuance of such directions, the trustees have purchased all that parcel of land containing 11 acres 2 roods 25 perches, situated in the Lincoln Road, of Christchurch, being Lot 1 on Deposited Plan 9989, Part Rural Section 141, and being the whole of the land comprised and described in certificate of title, Volume 432, folio 90, and have thereon erected and equipped one such orphanage for the reception of female orphans, known as the Eliza White St. Joseph's Orphanage:
And whereas, in order the more effectually to facilitate the administration of the trusts of the said will, it is desirable to incorporate the trustees of the said will as a body corporate and to enlarge their numbers and to include the said Bishop for the time being as a member of such body while as far as reasonably possible preserving the representation on that body of the personal descendants of the testatrix and to strengthen it as an administrative body:
And whereas to facilitate the administration of the orphanage it is desirable that the same and the control thereof shall be vested in the Roman Catholic Bishop of Christchurch:
And whereas the resources of the said estate of the testatrix are such that in the opinion of the trustees it is found impossible to erect and equip a second orphanage for male orphan children, and in the circumstances thereof it is desirable that further powers be conferred on the trustees for the time being or other body administering the trusts of the said will.