By clause 7 that certain land at Mount Street, Nelson, together with the buildings and erections thereon (being the testator’s family residence) and all the plate, linen, china, glass, books, prints, pictures, furniture, and other household effects therein not otherwise disposed of by the said will be given, devised, and bequeathed to permit and allow the Board of Governors constituted by the said will to use, manage, and carry on the same as a Masonic Institution or Boarding Establishment primarily for the boarding and maintenance and also (should the income and capital of his residuary estate permit and the Board consider it expedient) the education of the orphan daughters of deceased Freemasons who, in the opinion of the said Board, were of good standing in their respective Lodges; and that for the purposes of the said will the word “orphan” should mean a female child whose father has died, and that such children, being the daughters of deceased Freemasons of either the English, Irish, Scottish, or New Zealand Constitutions, should be eligible for admission to such Institution on the conditions and between the ages from time to time fixed by the Board, and that no part of the said furniture, pictures, chattels, or effects should be sold, exchanged, or otherwise disposed of, but that they should so far as possible be kept in the rooms where the children might see them and not in private rooms of the attendants or manager; and

By clause 8 that the whole of his estate not therein otherwise disposed of after payment of all estate and succession duty be given, devised, and bequeathed on the specific trusts therein declared and, subject thereto, to pay the income arising therefrom to the said Board to be applied by it for the purposes of carrying on the said Institution referred to in clause 7 of the will; and

That the Board of Governors referred to should be elected by the Freemasons of all the Masonic Lodges in New Zealand of the English, Irish, Scottish, and New Zealand Constitutions, the number to be fixed by the said Lodges and the manner of rotation and election to be decided by the said Lodges, making certain stipulations as to the qualifications of certain members, and as to the Chairman and as to the meetings of the Board and the making of rules and regulations governing the admission of girls to the said Institution and the manner of conducting and managing the same; and declaring that regard should be had where possible to the scope and management of a similar Institution in England known as “The Masonic Institution for Girls” or some similar name:

And whereas the said Institution established by the said will was opened on the 4th day of April 1926 and became known as the Kirkpatrick Masonic Institute, but is now known as Kirkpatrick House: And whereas the powers of the trustee and the objects of the said trusts created by the said will were extended and varied by the Kirkpatrick Masonic Institute Empowering Act 1930: And whereas the said trusts created by clauses 7 and 8 of the said will would be of greater public benefit were those trusts not restricted to daughters of Freemasons whose fathers have died, but were widened to include all those daughters of Freemasons, or other female children nominated for admission by a Lodge or other Masonic body, who, from circumstances arising from the death, illness, or misfortune of either or both parents have been placed in a position of need: And whereas a Board was incorporated under the Charitable Trusts Act 1957 on the 15th day of August 1974 in the name of The Board of Governors of Kirkpatrick House: And whereas by reason of the fact that the District Grand Lodge of Westland and Nelson (English Constitution) has ceased to exist, section 5 of the Kirkpatrick Masonic Institute Empowering Act 1930 should be repealed: And whereas it is expedient, in order to promote the continuance of the said trusts created by the said will of the testator, that the trustee be authorised to treat for all purposes connected with the said will The Board of Governors of Kirkpatrick House as constituted from time to time as being identical with the said Board of Governors established by the said will: And whereas The Board of Governors of Kirkpatrick House has made or proposes to make application to the Department of Social Welfare or other relevant Department of State for capitation and other grants in respect of the said Institution and the children admitted thereto: And whereas a condition of making any capitation grant is that the Board of Governors undertakes to make every effort to collect reasonable payments for the maintenance of or towards the cost of caring for each child in respect of whom a grant is made from the parents or guardians of that child but there are doubts as to whether the collection of such payments by the said Board is within the spirit and intendment of the said will: And whereas it is desired to extend the powers of the trustee to invest the residuary estate of the testator: And whereas the objects of this Act are not attainable otherwise than by legislation: And whereas the terms of this Act have been agreed upon and approved by the trustee and by general communications of the Masonic organisations at which persons representing the respective adherent Lodges were entitled to deliberate and vote: