Whereas Ellen Harriet Eames late of Wellington, married woman, died on 1 May 1927 leaving a will dated 27 November 1926 whereof she appointed the Public Trustee as the executor and trustee and whereby, after providing for certain legacies, she directed the Public Trustee to apply part of the net income arising from her residuary estate to her husband during his lifetime and the remaining income to her daughter during her lifetime with remainder to the children of the daughter who satisfied certain conditions: And whereas the husband of the testatrix died on 9 August 1945 and the daughter of the testatrix died on 20 May 1968 without leaving any surviving children: And whereas, certain income provisions in favour of brothers and sisters having failed by reason of the failure of any such brothers and sisters to survive the daughter, the Public Trustee as and from 20 May 1968 held the residuary estate of the testatrix upon trusts to pay a legacy to the Salvation Army and thereafter to hold the residue of the residuary estate on trusts that, should, within 12 months after 20 May 1968, there be erected or definite provision (as to which the Public Trustee should decide and his decision should be final and conclusive) be made for the erection of a Dominion Art Gallery in Wellington under the provisions of the Science and Art Act 1913 (incorrectly cited in the will as the Science and Art Act 1915), then to hold the residuary trust fund for the Board of Science and Art appointed under the said Act, to be applied and expended by that Board in the purchase of pictures for such Dominion Art Gallery, such pictures to be selected by that Board or by delegates selected by that Board and to hang together in the Gallery and to be known as the “The Ellen Eames Collection”: And whereas the will provided further that the receipt of the Secretary of the Board of Science and Art or any other person duly authorised by the Board of Science and Art should be a sufficient discharge to the Public Trustee for the residuary trust fund and the Public Trustee should not be further concerned to see to the application of the residuary trust fund: And whereas the Science and Art Act 1913 was repealed by the National Art Gallery and Dominion Museum Act 1930, the Board of Science and Art accordingly ceased to exist, and no provision was made in the National Art Gallery and Dominion Museum Act 1930 for the succession by the Board constituted by that Act to the Board of Science and Art: And whereas before 20 May 1968 a National Art Gallery had been erected in Wellington pursuant to the National Art Gallery and Dominion Museum Act 1930: And whereas the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial have since 20 May 1968 administered the residuary trust fund through its agent the Public Trustee and has expended money in the purchase of pictures for the National Art Gallery: And whereas it is inexpedient in the presentation of pictures for public exhibition that pictures of diverse character and nature be hung together: And whereas it is desirable for the avoidance of doubt to declare that the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial has been since 20 May 1968 and continues to be the trustee of the residuary trust fund and to provide that all references in the will to the Board of Science and Art should be read as references to the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial as now constituted by the National Art Gallery, Museum, and War Memorial Act 1972 or its successors in respect of the National Art Gallery and that certain provisions in the will be modified: And whereas it is also desirable to make such further provision as hereinafter appears: And whereas the objects of this Act cannot be attained otherwise than by legislation.