WHEREAS James Dilworth, late of Remuera, Auckland, settler, deceased, by his last will, dated the fifteenth day of November, one thousand eight hundred and ninety-four, probate whereof was granted to the executors and Trustees therein named by the Supreme Court of New Zealand at Auckland on the first day of February, one thousand eight hundred and ninety-five, gave the residue of his real and personal estate to his Trustees on certain trusts: And whereas the said will contains, inter alia, the following directions—that is to say, “And I direct that as soon as the first of the buildings hereinbefore directed to be built shall have been completed, and all liabilities incurred in the erection thereof shall have been discharged, the said Trustees shall, as soon as conveniently may be, select so many boys of sound bodily and mental health, being orphans or sons of persons of good character and of any race, as in the opinion of the said Trustees that portion of the income available for the purpose will be sufficient from time to time to support, train, and educate; the boys to be so selected shall be either destitute orphans or children of parents in straitened circumstances resident in the Provincial District of Auckland or in the Province of Ulster in Ireland”: And whereas by the said will the testator declared that no pupil except as thereinafter mentioned should be allowed to remain in the Institute after he shall have attained the age of fifteen years: And whereas by the said will the Trustees were authorised, whenever any pupil of the said Institute should have attained the age of fifteen years, to apprentice him to any trade, business, calling, or profession: And whereas by section five of “The Dilworth Trustees Act, 1902,” the Trustees were empowered to sell any part or parts of the lands belonging to the estate of the said James Dilworth situate more than fifteen miles from the City of Auckland: And whereas by the said will the Trustees were authorised at their discretion to establish and maintain on testator’s land in Waitakerei a branch of the said Institute for the purpose of giving industrial education to such pupils of the Institute as the said Trustees should consider suitable for that purpose: And whereas it is desirable that the Trustees should have the power to select and admit the boys to the said Institute and to carry on the curriculum of the said Institute temporarily, notwithstanding that the first of the buildings directed to be erected has not yet been erected, in a building suitable for the purpose, with sufficient land adjoining, being the residence of Isabella Dilworth, the testator’s widow, and being a portion of the said estate and of which she is life-tenant, and for that purpose to have power to acquire the same by giving in exchange for the same a suitable residence and buildings already erected at the cost of the trust estate on other part of the trust estate, of which she is also life-tenant, free from any payment in respect of such residence and buildings; and also that the said Trustees should have the necessary powers to expend so much of the trust funds as the Trustees may think fit in maintaining the said Institute, and in making and keeping the said residence and any buildings connected therewith fit and convenient for the purposes of the said Institute, and for effecting any other necessary improvements in and about the said land adjoining the said residence: And whereas it is desirable that the Trustees, in addition to the power conferred by the said will to apprentice any pupil as aforesaid, should have the power on any pupil attaining the age of fifteen years to obtain suitable employment for such pupil in any occupation or pursuit without apprenticing him: And whereas it is desirable that the Trustees should have the power, in the case of any pupil, who may be so apprenticed or for whom employment may be found as aforesaid, to provide for or contribute towards the maintenance of such pupil during the term of his apprenticeship or employment, as the case may be, and if deemed desirable permit such pupil to be a resident of the said Institute until he shall attain the age of twenty-one years, upon such terms and conditions as the Trustees may deem fit, and also to permit any pupil admitted to the said Institute to remain a pupil or inmate of the said Institute until he shall have attained the age of twenty-one years: And whereas it is desirable that the age at which boys may be admitted to the said Institute should be extended: And whereas it is desirable that the Trustees should have the power, so far as regards any boy who is an inmate or pupil of the said Institute, if they deem it advisable so to do in the interests of the boy or of the said Institute, to return him to his parents or guardians or the place from whence he came, and to pay out of the trust funds all expenses necessarily incurred in so returning him: And whereas it is desirable that the power conferred upon the said Trustees by the said Act to sell any part or parts of the lands belonging to the estate situated more than fifteen miles from the City of Auckland should extend and apply to lands situate more than ten miles from the General Post Office in the said City of Auckland: And whereas the testator’s land at Waitakerei is not suitable for the purpose of establishing and maintaining thereon a branch of the said Institute for the purpose of giving industrial education to such pupils of the Institute as the said Trustees shall consider suitable for that purpose; and it is desirable that the said land should be released from any trust, either express or implied, with reference to the establishment and maintaining any such branch Institute there, and that the said lands should be saleable by the said Trustees as are any other of the lands of the said estate situate more than ten miles from the said General Post Office; and it is desirable that the said Trustees should have power, at their discretion at any time hereafter, to purchase an area of country lands in the opinion of the said Trustees sufficient and suitable for the purposes of the said branch Institute, and to carry on the said branch Institute there instead of at Waitakerei, and with power to pay the purchase-money for the said lands out of the funds of the said trust estate: