Kirkpatrick Masonic Trust Empowering Act 1998

Reprint as at 1 March 2002

Kirkpatrick Masonic Trust Empowering Act 1998

Private Act1998 No 1
Date of assent14 May 1998
Commencement14 May 1998

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.


An Act to—

  • (a) widen the purposes for which the residuary estate of the late Samuel Kirkpatrick may be applied towards assisting with the education and accommodation of female children who are in need; and

  • (b) confer powers to sell, lease, or let Kirkpatrick House, and to sell or dispose of its furniture and effects; and

  • (c) require the proceeds of any sale of Kirkpatrick House and the proceeds of any sale of the furniture and effects to form part of the residuary estate of the late Samuel Kirkpatrick; and

  • (d) confer power to acquire or erect alternative accommodation for the wider purposes to which the residuary estate may be applied; and

  • (e) consolidate and amend legislation relating to the Kirkpatrick Masonic Institute

  • Preamble

    Whereas—

    A Samuel Kirkpatrick (the testator) of Nelson, manufacturer, died on 21 May 1925:

    B The Public Trustee is the trustee under the testator's will:

    C Under his will (paragraph 7 of which is set out in the Schedule of this Act), the testator—

    • (a) gave his family residence at Nelson and the furniture and other effects in it so as to permit a Board of Governors (the Board) to manage it as a Masonic institution or boarding establishment primarily for the boarding and maintenance and (if his residuary estate was sufficient and the Board thought it expedient) education of female orphans of certain Freemasons; and

    • (b) provided for the income from his residuary estate to be applied by the Board for the purposes of carrying on the institution:

    D The institution was opened on 4 April 1926 and became known as the Kirkpatrick Masonic Institute, but is now known as Kirkpatrick House:

    E The Kirkpatrick Masonic Institute Empowering Act 1930 enabled the Board to accept and use gifts for the purposes of the Institute, and to distribute money to the orphans for certain purposes:

    F The Kirkpatrick Masonic Institute Empowering Amendment Act 1983 enabled the Board, among other things, to—

    • (a) provide for the boarding and maintenance at Kirkpatrick House of the daughters of Freemasons of good standing in their Lodges or of any other female children nominated for admission by a Lodge or other Masonic body, who are in a position of need because of the death, illness, or misfortune of either or both parents; and

    • (b) if the residuary estate is sufficient and the Board thinks it expedient, pay for the education of any of those children while resident in Kirkpatrick House and pay for their further education and advancement in life after leaving Kirkpatrick House,—

    but with preference being given to female children who qualify under paragraph 7 of the testator's will:

    G The Board has advised the Public Trustee that because it has become uneconomic and inappropriate to manage Kirkpatrick House for the original purposes, the Public Trustee should have the power to sell, lease, or let Kirkpatrick House and apply the proceeds to the wider purposes specified in paragraph H. The Board has also advised the Public Trustee that the Public Trustee should have the power to acquire or erect alternative accommodation:

    H The Board has also advised the Public Trustee that the trusts created by the will (as extended and varied by legislation) would be of greater public benefit if they were widened to permit the Board to use the income from the residuary estate to—

    • (a) assist in paying for the education, at any level, of any female children who have been nominated by a Lodge or other Masonic body and who are in need because of the death, illness, or misfortune of either or both parents; and

    • (b) provide accommodation for, or assist in paying for the accommodation of, those female children while they are being educated (whether or not they are receiving assistance from the Board with the cost of their education),—

    but with preference being given to children of deceased Freemasons:

    I The Public Trustee agrees that it is desirable to widen the trusts in the manner proposed by the Board:

    J The objects of this Act can be attained only by legislation.