Page:Rhodes Will (Groote Schuur Devolution) Act 1910.pdf/2

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“(2) No buildings for suburban residences shall at any time be erected on the said property and any buildings which may be erected thereon shall be used exclusively for public purposes and shall be in a style of architecture similar to or in harmony with my said residence.

“(3) The said residence and its gardens and grounds shall be retained for a residence for the Prime Minister for the time being of the said Federal Government of the States of South Africa to which I have referred in Clause 6 hereof, my intention being to provide a suitable official residence for the First Minister in that Government befitting the dignity of his position and until there shall be such a Federal Government may be used as a park for the people.

“(4) The grave of the late Jan Hendrik Hofmeyr upon the said property shall be protected and access be permitted thereto at all reasonable times by any member of the Hofmeyr family for the purpose of inspection or maintenance.”

And whereas by Clause 14 of his said Will the testator gave to his said trustees the legacy therein mentioned to be applied as therein mentioned the said Clause 14 being as follows:—

“14. I give to my trustees hereinbefore named such a sum of money as they shall carefully ascertain and in their uncontrolled discretion consider to be ample and sufficient to yield income amounting to the sum of one thousand pounds sterling per annum and not less upon trust that such income shall be applied and expended for the purposes following, that is to say:— (1) On and for keeping and maintaining for the use of the Prime Minister for the time being of the said Federal Government of at least two carriage horses one or more carriages and sufficient stable servants.

“(2) On and for keeping and maintaining in good order the flower and kitchen gardens appertaining to the said residence.

“(3) On and for the payment of the wages or earnings including board and lodging of two competent men servants to be housed kept and employed in domestic service in the said residence.

“(4) On and for the improvement repair renewal and insurance of the said residence furniture plate and other articles.”

And whereas by Clause 15 of his said Will the testator directed as follows:—

“Subject to the conditions and trusts hereinbefore contained the said Federal Government shall from the time it shall be constituted have the management administration and control of the said devise and legacy and that my trustee shall as soon as may be thereafter vest and pay the devise and legacy given by the two last preceding clauses hereof in and to such Government if a corporate body capable of accepting and holding the same or if not then in some suitable corporate body so capable named by such Government and that in the meantime my trustees shall in their uncontrolled discretion manage administer and control the said devise and legacy.”

And whereas by Clause 6 of the said Will it appears that by the expression “Federal Government” the testator referred to a federation of the various States of South Africa or any of them:

And whereas the testator died on the twenty-sixth day of March, 1902:

And whereas the Right Honourable Archibald Philip Earl of Rosebery, K.G., K.T., the Right Honourable Albert Henry George Earl Grey, the Right Honourable Alfred Viscount Milner, G.C.B., G.C.M.G., the Right Honourable Leander Starr Jameson, the Honourable Sir Lewis Loyd Mitchell, C.V.O., and Bourchier Francis Hawksley, the present trustees of the said Will (in this Act called the trustees) are prepared on the passing of this Act to surrender and transfer to the Government of the Union of South Africa (in this Act called the Union Government) as representing the Federal Government referred to by the testator the lands and property referred to in Clause 13 of the said Will (in this Act hereinafter