Maria Theresa Roche Indenture

This Indenture made the thirtieth day of March in the year in the year of our Lord one thousand eight hundred and fifty three Between William Henry Cole of the City of Melbourne in the Colony of Victoria Gentleman of the first part Maria Therisa Roche of Collingwood near Melbourne aforesaid Spinster of the second part and Henry William Campbell of the said City Doctor of Medicine and James Stewart of the same place Wine Merchant Trustee Nominated by and on behalf of the said Maria Therisa Roche of the third part

Whereas a Marriage hath been agreed upon and intended Shortly to be Solemnized between the said William Henry Cole and the said Maria Therisa Roche
And Whereas
the said Maria Therisa Roche is [seized] of or otherwise well and sufficiently entitled to the piece or parcel of land, and hereditaments herein after particularly described under and by virtue of a certain Indenture of Release bearing date the Second day of October in the year of our Lord one thousand eight hundred and fifty two and made or expressed to be made Between Thomas McClelland of the one part and the said Maria Therisa Roche

Of the other part And Whereas
the said Maria Therisa Roche is possessed or otherwise entitled as Administrix to and of her late husband Edmund Burke Roche deceased to All and singular the real and personal Estate of him the said Edmund Burke Roche deceased
And
whereas the said Maria Theresa Roche is entitled as Legatee to the Sum of Five hundred pounds under the Will of Westby Percivall deceased late Captain in Her Majesty's Royal Navy
And upon the treaty for the said Marriage. It was agreed that the said piece or parcel of land and hereditaments and all the real and personal estate of the said Edmund Burke Roche deceased and the said Legacy of Five hundred pounds should be conveyed and assured in the manner upon the trusts and for the intents and purposes hereinafter mentioned.
Now this Indenture Witnesseth
that in pursuance of the said Agreement and in Consideration of the said intended Marriage and also of Ten shillings of lawful money by the said Henry William Campbell and James Stewart paid to the said Maria Therisa Roche at or before the sealing and delivery of these presents the receipt whereof the said Maria Therisa Roche Doth hereby Acknowledge, She the said Maria Theresa Roche with the Consent and approbation of the said William Henry Cole testified by his being a party hereto and exerting these presents Hath granted bargained sold released and confirmed and by these presents Doth grant bargain sell release and confirm unto the said Henry William Campbell and James Stewart and their heirs the release hereby made taking effect without a previous bargain and sale or lease for a year by virtue of the provisions of the Act in that case made and provided
All that
piece or parcel of land situate lying and being on the parish of Jika Jika in the County of Bourke in the said Colony of Victoria being part and parcel of portion Number Fifty seven on the said parish commencing at a point One hundred and thirty two feet South from another point in the Northern boundary line of the said Section distant Two hundred and thirty one feet East from the North West Corner or Angle of the said Section and bounded on the West a Road or Way called Charles Street bearing South Sixty six feet on the South by other portion of the said Section Number Fifty seven being at a line at right Angles with said Street bearing East One hundred and sixty five feet on the East by a reserved Road or Way bearing North Sixty six feet on the North by a line at right Angles with said reserved Road bearing West One hundred and sixty five feet to the commencing point Together with all and singular edifices buildings fences walls ways waters watercourses easements privileges rights members and appurtenances whatsoever to the said land
hereditaments and premises as any of them belonging or in anywise appertaining and also All the real Estate of or belonging to her the said Maria Therisa Roche to which she as Administrix of her late husband Edmund Burke Roche deceased is or shall hereafter be entitled to under and by virtue of any letters of Administration granted or to be hereafter granted to her of the aforesaid Estate of the said Edmund Burke Roche deceased And all reversions remainders yearly and other rents issues and profits to the said piece or parcel of land belonging or in [?] appertaining and to the said real estate of the said Edmund Burke Roche Deceased. And all the Estate right title and interest freehold inheritance use trust possession property claim and demand whatsoever of her the said Maria Therisa
Roche of into out of or upon the said hereditaments and premises and every of them respectively
To have
and
To hold
the said piece or parcel of land and all other the hereditaments And all and singular other the premises herein
described and intended to be granted and released unto the said Henry William Campbell and James Stewart their heirs and assigns for ever upon the several trusts and to and for the several uses intents and purposes and with under and subject to the several powers provisions declarations and agreements herein after expressed and declared of and concerning the same that is to
say
To the use
of the said Maria Therisa Roche and her heirs of the said intended Marriage [?] to be had and Solemnized and from and after the Solemnization thereafter to [?] of the said Maria Therisa Roche for and during the term of
her natural life to and for her own sole and separate use and benefit to the use of such person or persons as she the said Maria Therisa Roche by any writing under her hand shall at any time not withstanding her Coverture direct or appoint or in default of such direction and appointment Then In trust to pay the rents issues and profits of the said hereditaments and premises into the proper hands of the said Maria Therisa Roche for and during her life to and for the sole separate and particular use and benefit and at the sole and uncontrolled disposal of the said Maria Therisa Roche not withstanding her said intended Coverture, and without the same one being subject to the debts or engagements to the said William Henry Cole And the receipts of the said Maria Therisa Roche alone not withstanding her Coverture shall be a good and sufficient discharge for so much of the said rents and profits as shall [?] herein acknowledged and expressed to be received and from and after the decease of the said Maria Therisa Roche
Then to the use
of all and every Child and
Children of the said Maria Theresa Roche by her former husband Edmund Burke Roche deceased for such Estates and intents and in such shares and proportions and to be vested in him her or them at such respective Ages or times and in such manner as the said Maria Therisa Roche alone and notwithstanding her Coverture by any deed or instrument in writing to be sealed and delivered by her in the presence of and attested by a Credible Witness or by
her last Will and Testament in writing or any writing in the nature of her last Will and Testament to be signed by her in the presence of Four or more Credible Witness shall direct or appoint and in default of such direction or appointment or so far as the same shall not extend
To the
Use
of All and every the aforesaid Children of the said Maria Therisa Roche begotten by her late husband the said Edmund Burke Roche deceased equally be divided between or amongst them if more than one share and share alike as joint tenants upon the said Children respectively attaining the age of Twenty one Years if Males or if females upon attaining that age or Marrying which ever should first happen and if any of the said Children of the said Maria Therisa Roche begotten by the said Edmund Burke Roche deceased shall die before attaining his or her Majority of Twenty one Years or if a female attaining that Age or Marrying Then as to the original part or share parts or shares of such Child or Children
who shall so die before attaining their respective ages of Twenty one Years if Males or if Females attaining that Age or Marrying
Then
to the
Use
of the Survivors and Survivor equally to be divided between or amongst them if more than one share and share alike And in default of such Children attaining their Majority as aforesaid or Marrying as aforesaid
To the Use
of such person or persons as the said Maria Therisa Roche not withstanding her Coverture by any deed or deeds direct limit or appoint And in default of such direction limitation or appointment
Then To the Use
of the said Maria Therisa Roche her heirs and assigns for ever
And this Indenture further Witnesseth
that in Consideration of the said intended Marriage of the said Maria Theresa Roche with the consent of the said William Henry Cole testified by his being a party to and executing these presents Doth by these presents bargain sell assign transfer and set ever unto the said Henry William Campbell and James Stewart their executors administrators and assigns All that the said sum of Five hundred pounds bequeathed to the said Maria Therisa Roche by the herein before [reciled] Will of the said Westby Percivall as aforesaid and the interest hence forth to
become due and payable upon the same and all the right claim and demand whatsoever of the said Maria Therisa Roche in to or out of the same Together with all powers remedies and means whatsoever legitimate or necessary for suing for recovering receiving and giving effectual releases and discharges for the said sum of Five hundred pounds and the Interest and every part thereof
To have
Receive and
Take
the said sum of Five hundred pounds interest and premises expressed to be hereby assigned unto the said Henry William Campbell and James Stewart there executors administrators and Assigns In trust for the said Maria Therisa Roche her executors administrators and assigns the said intended Marriage shall be had and solemnized and [?] [solemnizion thereof upon trust that they the said Henry William
Campbell and James Stewart or the Survivor of them his executor or administrators shall call in and receive the said sum of Five hundred pounds when and so soon as the same shall become payable and upon the receipt of the said sum of Five hundred pounds or any part thereof to pay the same into the hands of the said Maria Theresa Roche in default thereof then to layout and invest the said sum
Upon such Trusts
and in manner as the said Maria Therisa Roche by any deed or Instrument under her hand shall direct or appoint not withstanding her said intended Coverture and without the same being subject to the debts and control of the said William Henry Cole and the receipt of the said Maria Therisa Roche alone shall be a sufficient discharge for the said sum and interest not withstanding her said intended Coverture and in default of such direction or Appointment
To the Use
of the said Children of the said Maria Theresa Roche by her late Husband the said Edmund Burke Roche deceased upon their respectively obtaining their aforesaid Majority of Males or of Females upon obtaining that Age or Marrying share and share alike
Provided always
that if any of the said Children shall die before they or any of them attain their majority or becoming an Eldest Son or being a daughter shall depart this life before she shall attain that age or be married then and in that case no direction or appointment having been made or given by the said Maria Theresa Roche to the contrary as well as the original share of every such Son so dying or becoming and Eldest Son and such daughter as dying under the Age of Twenty one Years without being married or so as much as shall not have been advanced for him her or them As also such parts or shares as by virtue of this present Clause shall have accrued unto the Sons or Daughter last mentioned shall go and belong to the Survivors or Survivor of them and the same shall be paid and payable at such days and times and shall go in the same manner to
such Survivors or Survivor as his her or their Original share or shares
And
the said William Henry Cole doth hereby for himself his heirs executors administrators or assigns covenant promise and agree with and to the said Henry William Campbell and James Stewart that if at any time during the said intended Coverture any real Estate whatsoever shall descend or devolve to or vest in the said Maria Therisa Roche or in any person or persons in trust for her or to or in the said William Henry Cole in her right then and in that case and so after as the same shall happen he the said William Henry Cole shall and will at the Costs and Charges of the said Maria Theresa Roche make do and execute or cause and procure to be made done and executed or join or concur with the said Maria Therisa Roche her heirs executors administrators or assigns in the making doing and executing of all such acts deeds conveyances assignments and assurances in the law whatsoever as shall be necessary and proper for conveying surrendering assigning assuring and confirming the said real Estate in such manner as that the same maybe vested in them the said Henry William Campbell and James Stewart their heirs executors administrators and assigns and for and upon such and the same Trusts and to and for the same [?] intents and purposes as before mentioned In Witness
whereof the said parties to these presents have herinto set their hands and seals the day and year first above written.

William Henry Cole

Maria Theresa Roche

W. H. Campbell
Jas Stewart