Probate after the death of James Evans

In the Supreme Court of Victoria Probate jurisdiction

In the Will of James Evans late of Campaspe West Echuca in the State of Victoria Gentleman deceased

The following is a true and just account of our administration in the above estate in respect of which Probate was granted to us on the nineteenth day of October one thousand nine hundred and seven.

Dated this eighth day of February one thousand nine hundred and eight

Alice Wilson William Scott Executors

- R E C E I P T S -

| | | | | |---|---|---|---| | To amount of fixed deposit receipt Bank of New South Wales Echuca | 500 | 0 | 0 | | To interest thereon | 15 | 0 | 0 | | To money in hand at time of death | | 4 | 7 | | To money in Savings Bank Echuca and interest | 24 | 15 | 5 | | To money in hands of C. Vines re Kelvy as per Statement | 6 | 1 | 6 | | To refund overpayment to Mrs Wilson | | 11 | 0 | | To amount outstanding re Kelvy to 11/12/07 | 39 | 8 | 0 | | To Cut Paw Paw land valued at | 10 | 0 | 0 | | £ | 596 | 0 | 6 |

D I S B U R S E M E N T S

| | | | | |---|---|---|---| | By paid Cocks Bros Funeral expenses | 12 | 0 | 0 | | W.W.Moore & Sons Ironmongers | | 6 | 6 | | J.T.Moreland Baker | | 4 | 6 | | T.W.H.Chilton Grocer | 1 | 11 | 4 | | Milo Bacon Co Butcher | | 7 | 2 | | Mrs Wilson Wages and money lent | 9 | 19 | 0 | | Mrs Staff work and labour | 2 | 7 | 0 | | Rev H.Hewitt | | 10 | 0 | | Dr.Stoney Medical attendance | 9 | 13 | 6 | | Probate duty | 10 | 11 | 0 | | Cemetery fees | 1 | 13 | 0 | | Water rates | 1 | 8 | 0 | | Mrs Wilson legacy | 50 | 0 | 0 | | Cheque Book | | 2 | 6 | | Overdraft Bank New South Wales deceaseds Account | | 5 | 0 | | Bank charges and interest | | 19 | 0 | | W. Scott Commission | 17 | 10 | 0 | | Mitchell & Mueller General disbursements | 9 | 11 | 9 | | Mitchell & Mueller Costs | 24 | 10 | 2 | | Mrs Gorey one half share of residue | 221 | 5 | 6 | | William Evans one half share of residue | 221 | 5 | 6 | | £ | 596 | 0 | 6 |

DATED this eighth day of February one thousand nine hundred and eight

Alice Wilson

William Scott

Executors

IN THE SUPREME COURT of Victoria PROBATE JURISDICTION.

104231

IN THE WILL of JAMES EVANS late of Campaspe West Echuca in the State of Victoria. Gentleman deceased.

SUPPLEMENTAL AFFIDAVIT of EXECUTORS

MASTER-IN-EQUITY'S OFFICE FILED 13 OCT 1907 MELBOURNE

IN-EQUITY'S OFFICE 13-OCT 1907 MELBOURNE

Mitchell & Mueller Solicitors Echuca

IN THE SUPREME COURT OF VICTORIA PROBATE JURISDICTION

IN THE WILL of JAMES EVANS late of Campaspe West Echuca in the State of Victoria Gentleman deceased.

WE ALICE WILSON of Echuca in the State of Victoria Housekeeper and WILLIAM SCOTT of Echuca East Mill Manager jointly and severally make oath and say:--

1. That we are seeking to obtain Probate of the Will of the said James Evans late of Campaspe West Echuca in the State of Victoria Gentleman deceased .

2. That if we obtain Probate we will well and truly collect and administer according to law to the best of our knowledge and ability the property, lands and hereditaments, goods chattels and credits of the said deceased at the time of his death which at any time after shall come to the power or control hands or possession of us as his executors or of any other person or persons for us that we will make or cause to be made a true and perfect inventory of all and singular the property lands and hereditaments goods chattels and credits of the said deceased which shall have come to the hands possession or knowledge of us or to the hands or possession of any other person or persons for us and the same so made will sign with our proper hand writing and will exhibit and deposit or cause to be exhibited and deposited the same inventory in the office of the Master-in-Equity within three calendar months next ensuing the order granting Probate and further that we will make or cause to be made a true and just account of the adminis- tration of the estate which we have undertaken as to our receipts and disbursements and as to what portion is retained by us and what portion remains uncollected and the same so made will sign

with our proper hand writing and will exhibit and deposit or cause to be exhibited and deposited the same account in the said office of the Master-in-Equity within fifteen calendar months next ensuing the order granting Probate.

SEVERALLY SWORN by each of the above named deponents at Echuca in the State of Victoria this 17th day of October 1907

Alice Wilson William Parr

Before me A. C. Wilson a Commissioner of the Supreme Court of Victoria for taking affidavits.

104232

IN THE SUPREME COURT OF VICTORIA.

PROBATE JURISDICTION.

IN THE Will of James Evans late of Kamarooka West Echuca in the State of Victoria Cattleman deceased.

Affidavit of Publication of Notice of Searches

MASTER-IN-EQUITY'S OFFICE FILED 28 SEP 1907 MELBOURNE

Mitchell & Mundle Harston, Partridge & Co., Printers, Melbourne. Solicitors Echuca

In the Supreme Court OF VICTORIA.

PROBATE JURISDICTION.

IN THE Will of James Evans late of Campaspe West Echuca in the State of Victoria Gentleman deceased

I Benjamin Barton Ramage of 87 Queen Street Melbourne in the State of Victoria Law Clerk make oath and say--

1. That the following advertisement duly appeared in the Riverine Herald newspaper published in Echuca on the Second day of September 1907 namely

Notice is hereby given that after the expiration of fourteen days from the publication hereof application will be made to the Supreme Court of the State of Victoria in its Probate Jurisdiction that Probate of the will of James Evans late of Campaspe West Echuca in the said State Gentleman deceased may be granted to Alice Wilson of Echuca aforesaid Housekeeper and William Scott of Echuca East Mill Manager the executors appointed by the said Will

Dated this 31st day of August 1907 Hare Street Echuca Proctors for the applicants

2. That I have since the death of the deceased searched and find that no Will of the above-named deceased is deposited in the office of the Registrar-General.

3. That I have this day searched in the proper office of this Honorable Court and find that no caveat is lodged in this matter.

4. That no application for probate or administration in this matter has heretofore been made to or been granted by this Court or the Registrar of Probates of this Court.

5. That I am a clerk in the sole and permanent employ of Harwood & Pincott Proctors only the town agents for the Proctors acting generally in this matter.

SWORN at Melbourne in the State of Victoria this 28th day of September One thousand nine hundred and seven --

B B Ramage

Before me

J. H. G. A Commissioner of the Supreme Court of the State of Victoria for taking Affidavits.

104231

IN THE SUPREME COURT OF VICTORIA

PROBATE JURISDICTION

IN THE WILL of JAMES EVANS late of Campaspe West Echuca in the State of Victoria Gentleman deceased.

AFFIDAVIT of EXECUTORS

Mitchell & Mueller Solicitors Echuca

MASTER-IN-EQUITY'S OFFICE FILED 28 SEP 1907 MELBOURNE

IN THE SUPREME COURT OF VICTORIA PROBATE JURISDICTION

IN THE WILL of JAMES EVANS late of Campaspe West Echuca in the State of Victoria Gentleman deceased.

WE, ALICE WILSON of Echuca in the State of Victoria Housekeeper and WILLIAM SCOTT of Echuca East in the State of Victoria Mill Manager jointly and severally make oath and say :-

1. That we are seeking to obtain Probate of the Will of the above named James Evans deceased and we are respectively of the full age of twenty one years.

2. The said deceased died on the twenty seventh day of August one thousand nine hundred and seven.

3. The said deceased was a widower at the time of his death.

4. The deceased left a Will bearing date the fifteenth day of July one thousand nine hundred and seven which is as we believe the last Will and Testament of the said deceased and which is unrevoked.

5. The Testator was of the full age of twenty one years at the date of the execution of the said will.

6. By his said Will the Testator appointed us these deponents Alice Wilson and William Scott executors thereof.

7. The paper writing hereunto annexed marked "A" is the true last Will and Testament of the said deceased as we verily believe.

8. The said will was executed in the presence of Arthur John Mitchell, Solicitor, Echuca, and William Longton Wright ,Law Clerk, High Street, Echuca,

9. The said deceased left real estate in the State of Victoria not exceeding the value of One hundred and twenty pounds and personal property in the said State not exceeding the value of Six hundred and nine pounds sixteen shillings

10. That if we obtain Probate we will well and truly collect and administer according to the law to the best of our knowledge and ability the property lands and hereditaments, goods, chattels, and credits of the said deceased at the time of his death which at any time after shall come to the power or control hands or possession, of us as his executors or of any other person or persons for us that we will make or cause to be made a true and perfect careful inventory of all and singular the property lands and hereditaments,, goods chattels and credits of the said deceased which shall have come to the hands possession or knowledge of us or to the hands or possession of any other person or persons for us and the same so made will sign with our proper handwriting and will exhibit or deposit or cause to be exhibited and deposited the same inventory in the office of the Master-in-Equity within three calendar months next ensuing the order granting Probate and further that we will make or cause to be made a true and just account of the administration of the estate of the account which we have undertaken as to our receipts and disbursements and as to what portion is retained by us and what portion remains uncollected and the same so made will sign with our proper handwriting and will exhibit and deposit or cause to be exhibited and deposited the same account in the said office of the Master-in-Equity within fifteen calendar months next ensuing the order granting Probate .

11. That on the second day of September one thousand nine hundred and seven we caused to be inserted in the Riverine Herald newspaper a notice of our intention to apply for Probate.

12. The said Riverine Herald is a newspaper which has been published and has been circulating in the District of Echuca for upwards of ten years now last past.

13. The said deceased has been continually resident in the District of Echuca for upwards of ten years immediately preceeding the date of his death.

SEVERALLY SWORN by both the above named deponents at Echuca in the State of Victoria this 27th day of September one thousand nine hundred and seven,

Before me,

M. C. Wilson

Alice Wilson

William Scott

A Commissioner of the Supreme Court of the State of Victoria for taking affidavits.

104. 231 James Evans

Undertaking re land Papers _

In the Supreme Court of Victoria

In its Probate Jurisdiction

In the Will of James Evans late of Campaspe West Echuca in the State of Victoria Gentleman deceased

We Alice Wilson of Echuca in the said State House-keeper and William Scott of Echuca East in the said State Mill Manager the Executors of the Will of the abovenamed deceased hereby undertake that if the assessor of duties will forthwith accept payment of duty on the present balance as shown by the statement of for duty filed herein we will use all reasonable endeavors to ascertain the exact location of the Allotment of land in the Parish of Cut Paw Paw mentioned in the said statement for duty and the value thereof and will make payment forthwith of any duty payable on the sums recovered in respect thereof and will account for the said allotment in the fifteen months account when the same is furnished

Dated the 10th day of October 1907

Signed by the said Alice Wilson and William Scott in the presence of

Alice Wilson William Scott

W. J. Wright Law Clerk Echuca

MITCHELL & M

ARTHUR JOHN COMMISSIONER FO FRANCIS CARL BARRISTERS &

HARE STREET, (Telephone No. 25.)

ECHUCA, 10 Febry 1908

The Master in Equity Law Courts Melbourne

Sir/

- James Evans decd -

We enclose administration account herein for filing (Fee 1/- stamp affixed). We beg to draw your attention to an item therein "Cut Paw Paw land valued at £10". At the time the Statement was filed the Executors were unable to obtain any information as to this block and they gave the usual undertaking to pay duty thereon in event of their being able to trace the land. This has now been done and the persons entitled to the residue under the will have estimated its value as £10 and by mutual arrangement the block has been taken over by William Evans at this sum as part of his share of the residue. We think the value placed upon the block is excessive. The land has been unproductive since the time it was purchased 56 years ago and as far as can be ascertained has never been rated. The above sum was mentioned simply to facilitate the winding up of the Estate

If you are of opinion that further duty is payable in pursuance of the undertaking given we will be pleased to pay same on receipt of your advice as to amount

Yrs obediently Mitchell & M

104231 IN THE SUPREME COURT. Of the Colony of Victoria.

IN ITS PROBATE JURISDICTION.

IN THE Will of James Evans late of Campaspe West in the State of Victoria of Victoria Gentleman deceased

P R A E C I P E

To Registrar that Probate herein may be granted to Alice Watson of Echuca in the said State Housekeeper and William Henry Mitchell of Echuca aforesaid Mill Manager the Executors appointed by the said will

Harston, Partridge, & Co, Printers, 452 & 454 Chancery Lane.

Affidavit in support does not set out shortly what the property consists of Errors in due performance clause No year of swearing in affidavit of publication