Old trusts replaced by new trusts
2 Old trusts replaced by new trusts
Pursuant to the provisions of the Anglican Church of Australia Lands Vesting Act 1892 2, the proceeds of sale of certain lands affected by that Act were applied by the Diocesan Trustees to the erection of buildings and other improvements on portion of Swan Location 12 then vested in the Trustees and the purchase of certain other lots portion of Swan Location 12, all of which said lands are referred to in the Schedule to this Act, and by virtue of that Act the said lands are held by The Perth Diocesan Trustees upon and subject to trusts and uses relating to the establishment and conduct of an orphanage that are, by reason of changed circumstances, impossible, impracticable or inexpedient to carry out.
Pursuant to certain bequests and endowments, the investment of certain personal estate, and at the request of the Synod of the Diocese of Perth, The Perth Diocesan Trustees hold on trust certain moneys bequeathed for orphanage purposes, for the purposes of the trusts and uses relating to the orphanage referred to in subsection (1), bequeathed specifically to the Swan Boys’ Orphanage or the Swan Girls’ Orphanage (being names by which the said orphanage was known), and for purposes related thereto, all such purposes being purposes that are, by reason of changed circumstances, impossible, impracticable or inexpedient to carry out.
The Perth Diocesan Trustees, and the Synod of the Diocese of Perth, being desirous that the land, buildings and other improvements and the moneys, referred to in subsection (1) and subsection (2) should be utilised in a manner not inconsistent with the intent of the purposes of the trusts and uses which were intended to relate thereto, and the children for whose benefit such trusts and uses were intended to operate being provided for in other ways so that such land, buildings and improvements are no longer required for or deemed suitable for an orphanage, the said lands, buildings, improvements and moneys are by virtue of this provision of this Act freed and absolutely discharged from any trust, use, or condition affecting the same prior to the coming into operation of this Act and on and from the coming into operation of this Act shall be held by The Perth Diocesan Trustees subject to the provisions of section 3.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.