Henry White - Last Will & Testament (1894 ) and Probate (1895)


Henry White - Last Will & Testament (1894 )

Source unknown

59*66
IN THE SUPREME COURT OF VICTORIA
IN ITS PROBATE JURISDICTION. IN THE WILL OF HENRY WHITE late of East Doncaster in the Colony of Victoria, Farmer deceased.
AFFIDAVIT OF EXECUTOR Davies & Price Normanby Chambers Chancery Lane Melbourne Proctor
Harston Partridge & Col, Printers, Chancery Lane




In the Supreme Court OF VICTORIA IN ITS PROBATE JURISDICTION
IN THE WILL OF Henry White, late of East Doncaster in the Colony of Victoria, Farmer, deceased.

I Alexander Kelso of Heidelberg in the Colony of Victoria, Teacher, make oath and say –
1. That I am seeking to obtain Probate of the Will of the above named Henry White deceased.
2. The said deceased died on the sixth day of December One thousand eight hundred and ninety four at Doncaster.
3. The said deceased left a Will bearing date the third day of July One thousand eight hundred and eighty nine which is as I believe the last Will and Testament of the said deceased and which is unrevoked.
4. By his said Will the testator appointed me this deponent and Elizabeth White the wife of the testator Executor and Executrix thereof and the said Elizabeth White previously execut thereof to the date of the death of the testator predeceased the testator.
5. The paper-writing hereunto annexed marked “A” is the true last Will and Testament of the said deceased as I verily believe.
6. The said Will was executed in the presence of Frederick Pickering of East Doncaster, Gentleman and myself this deponent.
7. The said deceased left real estate in the Colony of Victoria not exceeding the value of Nine hundred and seventy five pounds but left no and personal property in the said Colony not exceeding the value of
8. That to the best of my knowledge, information and belief, the said deceased did not within the space of two years preceding the date of his death convey or otherwise dispose of, for other than adequate valuable consideration any real or personal property of which he was seized or possessed.




9. That if I obtain probate I will well and truly collect and administer according to law to the best of my 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 me as his executor or of any other person or persons for me that I 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 me or to the hands or possession of any other person or persons for me and the same so made will sign with my 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 I will make or cause to be made a true and just account of the administration of the estate which I have undertaken as to my receipts and disbursements, and as to what portion is retained by me and what portion remains uncollected and the same so made will sign with my 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.

SWORN at Melbourne in the Colony of Victoria this 24th Day of August One thousand eight hundred and nine five Alexr Kelso
Before me C S Price. A Commissioner of the Supreme Court of Victoria for taking Affidavits


Dated July 3rd 1889
WILL of Henry White East Doncaster
Filed 22 August 1895.  Master-in Equity’s Office - Melbourne

This is the paperwriting marked “A” referred to in the annexed Affidavit of Alexander Kelso sworn this 24th day of August 1895 before me 
C S Price A Commissioner of the Supreme Court of the Colony of Victoria for taking affidavits.




This is the last Will and Testament OF ME Henry White Farmer of East Doncaster.

AFTER payment of all my just debts funeral and testamentary expenses I GIVE DEVISE and bequeath unto my wife Elizabeth White, all my property real and personal, as long as she lives.  At her death, the land is to be divided among my five sons Samuel, Dave, Henry, Elijah, William, in the following proportions.  The land fronting Anderson’s Creek Road is to be divided in two 30 acre blocks, which are to be Henry’s and William’s separately.  The frontage of Henry’s is to be six chains commencing at what is known as Nicholl’s Corner.  William is to have the remaining frontage.  The land on Kent’s road is to be divided equally into 40 acre blocks, having an equal frontage, and to be Dave and Elijah’s separately.  Dave is to have that next at the corner and Elijah that next Buck’s property.  The remainder goes to Samuel.  I also devise and bequeath £100 to each of my daughters Elizabeth McKinlay of Temora N. South Wales, Sarah White and Jane White.  This sum is to be paid by the five sons mentioned above, within two years of my wife’s death.  One half yearly.  In case of neglect or refusal to pay this sum, the land may be sold to meet their claim.
AND I HEREBY APPOINT Mr Alexander Kelso Teacher of East Doncaster and my wife Elizabeth White (as Executors)

EXECUTORS of this my Will IN WITNESS whereof I have hereunto set my hand this third day of July in the year of our Lord One thousand eight hundred and eighty-nine.

Signed by the said Henry White the Testator and by him declared to be his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses
? Vickery
Alexr Kelso
Henry White

Henry White - Probate (1895)

Source unknown

59**66
IN THE SUPREME COURT. OF VICTORIA

APPROVED AND ALLOWED BALANCE FOR
No duty but £2 fee payable.
W Poole 7/10/97

IN ITS PROBATE JURISDICTION IN THE WILL OF 
Henry White
late of East Doncaster in the Colony of Victoria Farmer deceased

STATEMENT AND AFFIDAVIT

DAVIES PRICE & WIGHTON. PROCTORS,
NORMANBY BUILDINGS. CHANCERY LANE. MELBOURNE

FILED 27 AUG 95
MASTER-IN-EQUITY’S OFFICE - MELBOURNE

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




Live Stock     Nil
Farming Implements    Nil
Carriages etc     Nil
Harness and Saddlery    Nil
Furniture etc     Nil
Watches trinkets Jewelry etc   Nil
Money in hand or house   Nil
Money in Bank     Nil
Current account     Nil
Money in hand     Nil
Money on deposit    Nil
Interest      Nil
Debentures     Nil
Mortgages     Nil
Mortgages Interest    Nil
Life Policies     Nil
Bonus      Nil
Shares      Nil
Dividends     Nil
Plant etc     Nil
Tools      Nil
Debts due to the estate    Nil
Stock in a shop or business   Nil
Goodwill     Nil
Interest in a deceased persons estate  Nil
£975    Balance   £975

In the foregoing prescribed form of statement the assets in the 
Personal estate must be set down under the heads above set out.
In any case in which no assets exist corresponding to any other of 
The said headings, such heading must nevertheless, be set down
With the word “Nil” against it.  If there are any assets not coming
Properly under any of the said headings, such assets must be included
In the said statement under a special heading describing the same.
£975
I certify that there is no duty payable on this Probate.
Officer under section 96 of Act 1060     Alexr Kelso





IN THE SUPREME COURT of the COLONY of VICTORIA
59/66
IN ITS PROBATE JURISDICTION
IN THE WILL of HENRY WHITE
late of East Doncaster in the  Colony of Victoria Farner (sic)
Deceased

ADMINISTRATION OF ACCOUNT
Filed 11 Nov 97 – Master-In-Equity’s Office, Melbourne
Price & Price. Stalbridge Chambers Chancery Lane Melbourne





IN THE SUPREME COURT of the COLONY of VICTORIA
IN ITS PROBATE JURISDICTION
IN THE WILL of HENRY WHITE late of
East Doncaster in the Colony of Victoria
Farmer deceased

I, ALEXANDER KELSO of Heidelberg in the Colony of Victoria Teacher the Executor of the Will of the above-named Henry White deceased CERTIFY the following to be a true account of the Administration of the Estate of the said deceased by me.
RECEIPTS Nil
DISBURSEMENTS. Nil
WHAT PORTION UNCOLLECTED Nil
WHAT PORTION RETAINED Nil


R E M A R K S

LAND, being all that piece or parcel of land containing 30 acres or thereabouts, being part of Crown Portion 15A Parish of Bulleen County of Bourke, being part of the land comprised in Certificate of Title Volume 1931 Folio 386, 188 and being the land delineated and colored red on the map drawn at the foot of a transfer, of the said land and the land hereinafter referred to, dated the 2nd day of October 1897 and Registered at the Office of Titles has been transferred by me to Henry White of East Doncaster in the Colony of Victoria Gardiner.

LAND, being all that piece or parcel of land containing 30 acres or thereabouts, being other part of said Crown Portion 15A, being part of the land comprised in the said Certificate of Title and being the land delineated and colored blue on the map drawn at the foot of the said transfer, has been transferred by me to William White of East Doncaster aforesaid Gardiner.

LAND, being all that piece or parcel of land containing 40 acres or thereabouts, being part of Crown Allotment 17AI Parish of Warrandyte County of Evelyn, being part of the land Comprised in Crown Grant Volume 1172 Folio 234, 230 and being the land delineated and colored brown on the map drawn at the foot of the said transfer, has been transferred to David White of Wheelers Hill Farmer.

LAND, being all that piece or parcel of land containing 40 acres or thereabouts, being other part of said Crown Allotment 17AI, being part of the land comprised in said Crown Grant and being the land delineated and colored green on the map drawn at 



the foot of the said Transfer, has been transferred by me to Elijah White.

LAND, being part of said Crown Portion 15A and part of Crown Portion 20 Parish of Bulleen County of Bourke and the residue of the said Crown Allotment 17AI, containing altogether 27 acres 2 roods 26 and 8/10 perches and being respectively parts of the lands comprised in Certificate of Title Volume 1931 Folio 386188 and Crown Grant Volume 1172 Folio 234230 aforesaid and being the lands delineated and colored yellow on the maps drawn at the foot of the said Transfer, has been transferred by me to Samuel White of East Doncaster aforesaid Farmer.
I, the said Alexander Kelso become possessed of the said land as Executor of the said Will and have transferred the said lands as is hereinbefore set out pursuant to the directions contained in the said Will.
Previously to the above lands being transferred as aforesaid the said transferees paid to each of the daughters of the abovenamed deceased Elizabeth McKinlay, Sarah White and Jane White the sum of £100 as provided by the said Will

DATED the 9th day of November 1897
Alexr Kelso



In the Supreme Court of the Colony of Victoria
Probate Jurisdiction
59*66
In the will of Henry White late of East Doncaster in the Colony of Victoria Farmer deceased

Affidavit of publication of notices and searches
Filed 26 Sep 95
Master-In-Equity’s Office – Melbourne
Davies & Price




IN THE SUPREME COURTof the Colony of Victoria In its Probate Jurisdiction

IN  THE Will of Henry White late of East Doncaster in the Colony of Victoria Farmer deceased.

I Harold Cromwell Price of Chancery Lane, Melbourne in the Colony of Victoria Clerk to Davies & Price of the same place, Solicitors, make oath and say:-

1. THAT the following advertisement duly appeared in the “Argus” newspaper published in Melbourne on the 10th day of September 1895, namely:-

N O T I C E  is hereby given that after the expiration of fourteen days from the publication hereof application will be made to the Supreme Court of the Colony of Victoria in its Probate Jurisdiction that probate of the last will and testament of Henry White late of East Doncaster in the Colony of Victoria farmer deceased may be granted to Alexander Kelso of Heidelberg in the said Colony, Teacher, the sole surviving Executor named in and appointed by the said will, the Executrix named in and appointed by the said Will having predeceased the testator.

Dated the ninth day of September 1895
Davies and Price, Normanby Chambers, Chancery Lane, Melbourne, Proctors for the Applicant.

2. THAT I have this day searched and find that no Will of the above name 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.

SWORN at MELBOURNE in the Colony of Victoria this 26th day of September One thousand eight hundred and ninety five..
Before me
M?     McDonald?
A Commissioner of the Supreme Court of the Colony of Victoria for taking affidavits.
Harold C Price



In the Supreme Court
of the Colony of Victoria
Probate Jurisdiction
59*66
In the will of Henry White late of East Doncaster in the Colony of Victoria Farmer deceased
Affidavit of publication of notices and searches
Filed 27 Aug 95 Master-in-Equity’s Office - Melbourne
Davies & Price Proctors Melbourne




IN THE SUPREME COURT Of the Colony of VictoriaIn its Probate Jurisdiction
IN THE Will of Henry White late of East Doncaster in the Colony of Victoria Farmer deceased.

I Harold Cromwell Price of Chancery Lane, Melbourne in the Colony of Victoria, Solicitor make oath and say:-
1. THAT the following advertisement duly appeared in the “Argus” newspaper published in Melbourne on the eighteenth day of February 1895 namely:-

N O T I C E is hereby given that after the expiration of fourteen days from the date of publication hereof application will be made to the Supreme Court of the Colony of Victoria in its Probate Jurisdiction that probate of the last will and testament of Henry White late of East Doncaster in the Colony of Victoria Farmer deceased, may be granted to Alexander Kelso of Heidelberg in the said Colony teacher, the sole surviving Executor named in and appointed by the said will, the Executrix named in and appointed by the said will having predeceased the testator.

Dated this 16th day of February 1895 
Davies & Price, Normanby Chambers Chancery Lane, Melbourne, Proctors for the applicant.

2. THAT I have this day 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.

SWORN at MELBOURNE in the Colony of Victoria this 27th day of August One thousand eight hundred and ninety five. Before me
M?     McDonald?
A Commissioner of the Supreme Court of the Colony of Victoria for taking affidavits.
Harold C Price



59*66
IN THE SUPREME COURT  Of the Colony of Victoria
PROBATE JURISDICTION
IN THE WILL of HENRY WHITE late of East Doncaster in the Colony of Victoria Farmer deceased
PROECIPE for Probate
Granted 30/9/95
HP
Davies & Price Proctors Melbourne


See Original Scans of Last Will & Testament (1894 ) and Probate (1895)

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