00028-p0000-000149-0480-00000 >
00028-p0000-000149-0480-00128
| Name | Thomas Bready |
|---|---|
| Record Type | Probates |
| Death Date | 27 Sep. 1855 |
| Death Place | Bendigo |
| Occupation | Stonemason |
| Grant Date | 18 Mar. 1875 |
| Grant | Administration |
| Grant Recipient | Ellen Cooke |
| Source Citation | Public Record Office Victoria; North Melbourne, Victoria; Victorian Wills, Probate and Administration Records 1841-1925; Series: VPRS 7591 |
| Source Information | Ancestry.com. Victoria, Australia, Wills and Probate Records, 1841-2009 [database on-line]. Lehi, UT, USA: Ancestry.com Operations Inc., 2016. |
| Original data: | Wills and Probate Records. VPRS 28 (Probates) and VPRS 7591 (Wills). Public Record Office Victoria, North Melbourne, Victoria. |
IN CHRONOLOGICAL ORDER
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00104 and 00028-p0000-000149-0480-00105 | 12 August 1874 | Affidavit of Thomas Bready. |
| 00028-p0000-000149-0480-00104 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of Thomas Bready 00028-p0000-000149-0480-00105 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased intestate I Thomas Bready of Talbot in the colony of Victoria labourer son of the above named Deceased make oath and say -That the above named Thomas Bready died in the month of September, one thousand eight hundred and fifty five at Bendigo in the colony of Victoria -that the said Thomas Bready died intestate, leaving property in the colony of Victoria of the value of five hundred pounds consisting of a piece of land situate in Webb Street Fitzroy in the Colony of Victoria having a frontage of seventy feet to the said street by a depth of sixty feet and upon which some buildings are erected. -that the said deceased Thomas Bready left at the time of his death surviving him the following relatives or next of kin namely Bridget Bready his wife (since deceased) Thomas Bready his only son, and two daughters Ellen Bready, now Ellen Cooke, and Mary Jane Bready now Mary Jane Simons That I am the only son of the said Thomas Bready deceased and, as I believe, am entitled to administration of his estate. Sworn at Melbourne in the colony of Victoria this twelfth day of August in the year of our Lord one thousand eight hundred and seventy four before me |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00118 and 00028-p0000-000149-0480-00119 and 00028-p0000-000149-0480-00120 | 12 August 1874 | Affidavit of Thomas Bready. |
| 00028-p0000-000149-0480-00118 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased intestate Affidavit of Thomas Bready In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased intestate 00028-p0000-000149-0480-00119 I Thomas Bready of Talbot in the Colony of Victoria Labourer son of the above named deceased make oath and say -that I am seeking to obtain administration of the estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased -That if I obtain administration I will well and truly collect and administer according to law to the best of my knowledge and ability the property lands and herediaments 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 administrator or any other person or persons for me that I will make or cause to me made a true and perfect inventory of all and singular to the property lands and hereditatments goods chattels and credits of the said deceased which shall have come to the hand possession or knowledge of me or to the hands or possession of any other person or persons for me and the same as made will sign with my proper handwriting 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 evening the order granting the administration 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 00028-p0000-000149-0480-00120 uncollected and the same so made will sign with my 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 ensuring the order grinding administration Sworn at Melbourne in the Colony of Victoria this twelfth day of August in the year of our Lord One thousand eight hundred and seventy four before me |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00113 and 00028-p0000-000149-0480-00114 and 00028-p0000-000149-0480-00115 | 18 August 1874 | Affidavit of James Colgan |
| 00028-p0000-000149-0480-00113 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased intestate Affidavit of James Colgan 00028-p0000-000149-0480-00114 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased intestate I James Colgan of Number sixty four Little Collins St East in the City of Melbourne and Colony of Victoria clerk to Mr Thomas Miller of the same place Proctor for Thomas Bready make oath and say -That I caused to be inserted and the same duly appeared the “Age” newspaper printed and published in the city of Melbourne aforesaid on the twenty third day of July last a notice of which the following is a copy – “Notice is hereby given that after the expiration of fourteen days from the publication hereof application will be made to the supreme court in its probate jurisdiction that Administration of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria stonemason deceased intestate may be granted to Thomas Bready of Talbot in the Colony of Victoria the son and one of the next of kin of the aid deceased. Dated this 22nd day of July A.S. 1874 Thomas Miller no.64 Little Collins St East Melbourne Proctor for the said Thomas Bready” -That I have this day searched in the office of the Register General of the Colony of Victoria and found that no will purporting to have been made by the said Thomas Bready deceased had be lodged or deposited there, the said Registrar General being the proper person for the time being authorised to have the Custody of deposited wills. -That I also this day searched in the office of the Master in Equity that being the proper office of 00028-p0000-000149-0480-00115 The Honourable Court and find that no Caveat has been lodged against administration of the estate of the above named Thomas Bready deceased intestate being granted to Thomas Bready the son and one of the next of kin of said deceased Sworn at Melbourne in the Colony of Victoria this 13th day of August in the year Our Lord one thousand eight hundred and seventy four Before me |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00106 and 00028-p0000-000149-0480-00107 and 00028-p0000-000149-0480-00108 | 19 August 1874 | Affidavit of Thomas Bready. |
| 00028-p0000-000149-0480-00106 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased intestate Affidavit of Thomas Bready 00028-p0000-000149-0480-00107 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased intestate I Thomas Bready of Talbot in the Colony of Victoria Labourer son of the above named deceased make oath and say That I did on Friday the fourteenth day of August instant at Percydale in the Colony of Victoria personally serve Mary Jane Simons formerly Mary Jane Bready and I did also on Saturday the fifteenth day of August instant at Amhearst in the said Colony of Victoria personally serve Ellen Cooke formerly Ellen Bready each with a notice of which the following Is a true Copy In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Estate of Thomas Bready late of Bendigo in the Colony of Victoria stonemason deceased intestate Take notice that an application made to his honour Mr Justice Molesworth on the 13th day of August instant in the above matter for administration of intestate on behalf of Thomas Bready son of the above named deceased will be renewed on Thursday the 20th day of August instant at eleven o clock in the forenoon at the Supreme Court house Latrobe street East Melbourne in the Colony of Victoria to his honour Mr Justice Molesworeth Dated this 14th day of August AD1874 To Mrs Ellen Cooke Amherst and To Mrs Mary Jane Simons Percydale Thomas Miller Proctor for the said Thomas Bready 64 Little Collins St East 00028-p0000-000149-0480-00108 That the property situate in Webb Street Fitzroy in the Colony of Victoria and which my father left at the time of his death is now occupied by a Mrs Hobart, and Mr Thomas Rowe of Fitzroy aforesaid who received the rent for my mother in her lifetime, is still receiving the rent for same. That my father the above named deceased at the time of his death left personal property in the Colony of Victoria of the value of one hundred pounds consisting of household furniture, tools of trade, and timber used by him in his trade of a stonemason but my mother took possession of the said property at his death and, as I believe, disposed of same and I am not aware where any of the said property now is or if any of it is left. -That I became the age of twenty one years on the twenty first day of January, one thousand, eight hundred and sixty. Sworn at Melbourne in the Colony of Victoria this nineteenth day of August in the year of our Lord one thousand eight hundred and seventy four before me |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00116 and 00028-p0000-000149-0480-00117 | 19 August 1874 | Affidavit of James Colgan |
| 00028-p0000-000149-0480-00116 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased intestate Affidavit of James Colgan 00028-p0000-000149-0480-00117 I James Colgan of Number sixty four Little Collins St East in the City of Melbourne and Colony of Victoria clerk to Mr Thomas Miller of the same place Proctor for Thomas Bready make oath and say -That I have searched in the office of the Registrar General of the Colony of Victoria at Melbourne, and find that the memorial of the document mentioned and a copy of which is set out in the first paragraph of this affidavit of the said Thomas Bready sworn in this matter on the twelfth day of August instant and duly filed in this Honourable Court was registered on the twenty ninth day of December one thousand eight hundred and fifty five by a person described as “James Fowler of No.76 Chancery Lame Melbourne Law Clerk” and the affidavit that the said memorial contains a just and true account of the several particulars therein set forth is made by the said James Fowler. That I have made enquiries at number Seventy Six Chancery Lane Melbourne and was informed by a gentleman there that a James Fowler was in the employ of Mr Kingston law stationer of number seventy six chancery Lane in the year one thousand eight hundred and fifty five but left about thirteen years ago and that he believed the said James Fowler was now somewhere about Melbourne. Sworn in Melbourne in the Colony of Victoria this nineteenth day of August in the year of our Lord one thousand eight hundred and seventy four Before me |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00076 and 00028-p0000-000149-0480-00077 | 2 September 1874 | Affidavit of Thomas Bready. |
| 00028-p0000-000149-0480-00076 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of Thomas Bready. 00028-p0000-000149-0480-00077 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I Thomas Bready of Talbot in the colony of Victoria Labourer vow of the above named deceased make oath and say That in or about the year one thousand eight hundred and sixty nine I together with my mother and sister Mary Jane Simons formerly Mary Jane Bready signed a document which I was informed by my mother was to secure the repayment of the sum of sixty pounds lent to her by one Thomas Rowe. That I was induced to sign the said document by my mother stating that she had proved a will left by my father the said Thomas Bready deceased and also that she required the money to repair the house erected on the land left by my father situate in Webb Street Fitzroy in the Colony of Victoria, and the said Thomas Rowe aforewards advanced a further sum of twenty five pounds to my mother to which I consented. That I have been informed and verily believe the said document is not registered and I called upon Mr Rowe in company with a clerk of Mr Thomas Miller’s solicitor and requested him to show me the deeds but he refused That the said Thomas Rowe informed me this morning that the sum of seventy six pounds seventeen shillings is still due to him and that he was recovering the rent of the property above mentioned to pay off that amount. Sworn at Melbourne in the colony of Victoria this second day of September in the year of our lord one thousand eight hundred and seventy four before me. Before me…a commissioner of the supreme court of the colony of Victoria for taking affidavits |
OCTOBER 1874
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00073 and 00028-p0000-000149-0480-00074 | 1 October 1874 | Affidavit of John Seymour Wright NB refers to death date as 1861 in one part and 1871 in another part of same document. |
| 00028-p0000-000149-0480-00073 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of John Seymour Wright 00028-p0000-000149-0480-00074 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I John Seymour Wright of 84 Chancery Lane in the City of Melbourne in the Colony of Victoria Law Clerk make oath and say That I have searched at the office of the Register General and found the registration of the death of Daniel Gill, Surgeon, one of the attending witnesses to the will of Thomas Bready, late of Bendigo deceased, and that the said Daniel Gill departs this life on the fifth day of May one thousand, eight hundred and sixty one being then an inmate of the Benevolent Asylum at Melbourne and aged about fifty five years. That I have searched the records of the Benevolent Asylum at Melbourne aforesaid and find it there recorded that Daniel Gill a surgeon by profession, was admitted to the institution on the recommendation of John Hodgson formerly major of Melbourne and since deceased on the eleventh day of august one thousand eight hundred and fifty nine. That he was a national of England and arrived in this Colony in the year one thousand eight hundred and thirty nine, and that he was a member of the Church of England. That the said Daniel Gill departed his life on the fifth day of May one thousand eight hundred and seventy one aged fifty five years. Sworn at Melbourne in the colony of Victoria this first day of October one thousand eight hundred and seventy four Before me…a commissioner of the supreme court of the colony of Victoria for taking affidavits |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00050 and 00028-p0000-000149-0480-00051 | 2 October 1874 | Affidavit of Ellen Cooke verifying particulars of the Real and Personal Estate of the deceased. |
| In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the matter of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of Ellen Cooke verifying particulars of the Real and Personal Estate of the deceased. 00028-p0000-000149-0480-00051 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the matter of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I, Ellen Cooke wife of John Sturgeon Cooke of Amherst in the Colony of Victoria Miner make oath and say -that the within Statement of Account marked A contains a true statement of the Particulars of the Real and personal Estate of or to which the said Thomas Bready was at the time of his death, possessed or entitled to and of the value thereof and also a true statement of the debts due by the paid deceased. -that after deducting all liabilities from the assets of the said deceased there will be a balance of three hundred and fifteen pounds representing the value of the Real and personal estate of the said deceased. Sworn at Melbourne in the Colony of Victoria this second day of October one thousand eight hundred and seventy four before me –a commissioner of the Supreme Court of the Colony of Victoria for taking affidavits |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00052 and 00028-p0000-000149-0480-00053 | 2 October 1874 | Affidavit in support of Application for Probate (Affidavit is by Ellen Cooke). |
| 00028-p0000-000149-0480-00052 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the matter of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit in support of Application for Probate 00028-p0000-000149-0480-00053 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the matter of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I, Ellen Cooke wife of John Sturgeon Cooke of Amherst in the Colony of Victoria Miner make oath and say -that the above named Thomas Bready late of Bendigo in the Colony of Victoria Stonemason departed this life on or about the seventeenth day of September one thousand eight hundred and fifty five -That he made his will dated the third day of September in the year of Our Lord one thousand eight hundred and fifty five which I believe is unrevoked and which will signed with his proper handwriting and usual signature is filed in the office of the Master in Equity and has been already identified by me -That it was executed in the presence of Michael Walsh then of Bendigo aforesaid but whose present whereabouts I am unable to discover and in the presence of Daniel Gill since deceased -that he died possessed of real property in the colony of Victoria of the value of four hundred pounds and that the personal property in the said colony of which he was possessed at the time of his death does not exceed the sum of five pounds. Sworn at Melbourne in the Colony of Victoria this second day of October one thousand eight hundred and seventy four before me –a commissioner of the Supreme Court of the Colony of Victoria for taking affidavits |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00067 and 00028-p0000-000149-0480-00068>>00028-p0000-000149-0480-00070 | 2 October 1874 | Affidavit of administratrix promising due performance of duties |
| 00028-p0000-000149-0480-00067 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of administratrix promising due performance of duties 00028-p0000-000149-0480-00068 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the make up of the estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I, Ellen Cooke the wife of John Sturgeon Cooke of Amherst in the colony of Victoria Miner make oath and say That I am seeking to obtain letters of administration with will annexed with Thomas Bready late of Bendigo in the colony of Victoria stone mason deceased That if i obtain such letters of administration with will annexed and pay all the debts and legacies of the said deceased as far as the property left by him will extend and the law bind me so to do and that is 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 or at any time after shall come to the power or control hands or possession of me as his executive or any other person or persons for me that I will make or cause to be made a free and perfect inventory of and singular the property lands and hereditaments goods chattels and credit 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 handwriting and will exhibit and deposit or cause to be exhibited and deposited the same inventory in the office of the Master in Equity 00028-p0000-000149-0480-00069 Within three calendar months next ensuing the order granting such letters of administrations 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 handwriting and will exhibit and deposit or cause to be exhibited and deposited the same account on the said office of the master in equity within fifteen calendar months next ensuring the order granting administration Sworn at Melbourne in the colony of Victoria this second day of October one thousand eight hundred and seventy four Before me…a commissioner of the supreme court of the colony of Victoria for taking affidavits |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00062 and 00028-p0000-000149-0480-00063 and 00028-p0000-000149-0480-00064 | 5th and 6th October 1874 | Consent of John Sturgeon Cooke that probate be granted to Ellen Cooke and verified by affidavit of. *I think in this situation John has signed in leui of Ellen personally signing |
| 00028-p0000-000149-0480-00062 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Consent of John Sturgeon Cooke that probate be granted to Ellen Cooke and verified by affidavit of William Cuddy 84 Chancery Lane Proctor for the said Ellen Cooke 00028-p0000-000149-0480-00063 In the will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I John Berry of Amherst in the Colony of Victoria do oath and say – that the consent annexed hereto was signed by John Sturgeon Cooke the husband of Ellen Cooke who is the Administratrive to the will of the said deceased in my presence Sworn at Talbot in the Colony of Victoria this 5th day of October one thousand eight hundred and seventy five Before me…a commissioner of the supreme court of the colony of Victoria for taking affidavits 00028-p0000-000149-0480-00064 I consent to the probate being granted to my wife Ellen of the last will of Thomas Bready late of Bendigo Stonemason her late father deceased Paid this sixth day of October one thousand eight hundred and seventy five Witness to the signature of John Sturgeon Cooke John Berry |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00084 and 00028-p0000-000149-0480-00085 | 16 October 1874 | Caveat |
| 00028-p0000-000149-0480-00084 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Caveat 00028-p0000-000149-0480-00085 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Let nothing be done in the will of Thomas Bready late of Bendigo in the Colony of Victoria stonemason deceased without notice to Thomas Miller Proctor for Thomas Bready of Melbourne in the Colony of Victoria the son and one of the next of kin of said deceased and No. 64 Little Collins St East Melbourne in the Colony of Victoria is the address at which notices may be served. Dated this 16th day of October AD 1874 Thomas Miller Proctor for the said Thomas Bready 64 Little Collins St East Melbourne |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00098 and 00028-p0000-000149-0480-00099 and 00028-p0000-000149-0480-00100 | 19 October 1874 | Affidavit of Patrick Dynan |
| 00028-p0000-000149-0480-00098 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of Patrick Dynan 00028-p0000-000149-0480-00099 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I Patrick Dynan of Myers Creek near Sandhurst in Colony of Victoria Farmer make oath and say -that I knew and was acquainted with the above Thomas Bready deceased who resided at Myers Flat near Sandhurst aforesaid in the year one thousand eight hundred and fifty five -that the said Thomas Bready deceased died in the month of September one thousand eight hundred and fifty five at Myers Flat aforesaid and that five or six weeks before he died he came to my place at Myers Flat and requested me to lend him a razor, but one of his daughters came in at the time and informed me that she had been sent by her mother to tell me not to do so as he was in the delirium tremens from drink. -That about three weeks before he died he was still suffering from delirium tremens and I together with others watched him during the night to prevent him doing any injury to himself or any person else, and I verily believe that the said Thomas Bready deceased was not of sound mind for some considerable time prior to and up to the time of his death. -that I never knew any doctor of the name of Gill living on Myers Flat aforesaid in the year one thousand eight hundred and fifty five, or at any time, nor did I know of any person of that name ever living on Myers Flat aforesaid -that there were only two apartments in the place 00028-p0000-000149-0480-00100 In which the said Thomas Bready deceased died and it was a shanty where drink was sold and not of a store. Sworn at Eaglehawk in the colony of Victoria this nineteenth day of October in the year of our lord, one thousand eight hundred and seventy four. Before me |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00060 and 00028-p0000-000149-0480-00061 | 21 October 1874 | Affidavit of John Bradley one of the sureties |
| 00028-p0000-000149-0480-00060 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the matter of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of John Bradley one of the sureties William Cuddly Proctor for Administration 00028-p0000-000149-0480-00061 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the matter of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I John Bradley of Percydale in the Colony of Victoria Storekeeper make oath and say -That I am a storekeeper residing at Percydale in the Colony of Victoria -That I am worth property to the amount of four hundred pounds and upwards over and above what will pay all my just debts and liabilities -That my property for the amount of the said sum of four hundred pounds and upwards consists of my stock in trade as a storekeeper and of Frickloa (?) property situated at Percydale in the colony aforesaid -That I have for the last three years and upwards carried on the said business at Percydale aforesaid. Sworn at Avon in the colony of Victoria the twenty first day of October one thousand eight hundred and seventy four |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00065 and 00028-p0000-000149-0480-00066 | 24th October 1874 | Affidavit of Robert Shaw one of the sureties. *for ellen cooke |
| 00028-p0000-000149-0480-00065 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of Robert Shaw one of the sureties 00028-p0000-000149-0480-00066 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I Robert Shaw of Amherst in the colony of Victoria, Farmer, make oath and say that I am a householder residing in the colony of Victoria. That I am worth property to the amount of four hundred pounds and upwards over and above that will pay all my just debts and liabilities That my property to the amount of the said sum of four hundred pounds and upwards consists of freehold land at Moonlight Flat (very difficult to read the rest). 24th day of October 1874 |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00070 and 00028-p0000-000149-0480-00071 and 00028-p0000-000149-0480-00072 | 29 October 1874 | Affidavit of publication and secure?security? for other will and caveat |
| 00028-p0000-000149-0480-00070 Affidavit of publication and secure?security? for other will and caveat 00028-p0000-000149-0480-00071 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I John Seymour Wright of 84 Chaucery Lane in the City of Melbourne in the Colony of Victoria Law Clerk make oath and say that there appeared in the Argus newspaper printed and published in the City of Melbourne aforesaid on the third day of October instant an advertisement in words and figures following that is to say In the Supreme Court of the Colony of Victoria. In its probate Jurisdiction. In the Will of Thomas Bready late of Bendigo in the Colony of Victoria stonemason deceased. Notice is hereby given that after the expiration of fourteen days from the date hereof application you 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 the abovenamed Thomas Bready deceased may be granted to Ellen Cooke wife of John Sturgeon Cooke of Amherst in the Colony of aforesaid deceased according to the fewer? Lower? Lewu Lieuor of for Letters of Administration with the will annexed for the said Ellen Cooke. Dated the 00028-p0000-000149-0480-00072 2nd day of October 1874 William Cuddy 84 Chancery Lane Melbourne Proctor for the said Ellen Cooke. That I have searched in the Office of the Register General of this colony and find that no other will of the said testator sae and except the one already filed in this Honourable Court has been there deposited. That I have this day searched in the proper office of the Honourable Court and found that a caveat has been lodged in this matter. Signed etc. |
| FILE NAME | DATE | WHAT IS IT |
| Cover page: 00028-p0000-000149-0480-00005 Contents: 00028-p0000-000149-0480-00006 and 00028-p0000-000149-0480-00007 | 29 Oct 1874 | Draft Rule Nisi |
| 00028-p0000-000149-0480-00005 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / In the Matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Draft Rule Nisi 00028-p0000-000149-0480-00006 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / In the Matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Thursday the 29th day of October 1874 Before his Honour Mr Justice Molesworth. Upon reading the several affidavits of Ellen Cooke, Mary Jane Simons, John Berry and filed herein and the Caveat lodged herein on behalf of Thomas Bready and upon hearing Mr Fullerton of Counsel for the said Ellen Cooke this Court 00028-p0000-000149-0480-00007 Doth order that the said Thomas Bready do on Thursday 12th day of November next at 11 O’ Clock in the forenoon of the Supreme Court House La Trobe Street Melbourne in the Colony of Victoria or soon after as Counsel can be heard shew cause to this Honourable Court why Probate or Letters of Administration with the Will Annexed of Thomas Bready deceased be granted to Ellen Cooke the wife of John Sturgeon Cooke And let this order be served upon the Caveator within four days. By the Court Master in Equity. |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00078 and 00028-p0000-000149-0480-00079 and 00028-p0000-000149-0480-00080 | 29 October 1874 | Affidavit of John McClelland |
| 00028-p0000-000149-0480-00078 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of John McClelland 00028-p0000-000149-0480-00079 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I, John McClelland of Sandhurst in the colony of Victoria Merchant make oath and say That in the year one thousand eight hundred and fifty five I managed a store for Messrs. Francis Brothers on Myers Flat near Sandhurst in the colony of Victoria and continued to do so up until the year one thousand eight hundred and fifty eight. That I knew the above named Thomas Brady deceased who kept a shanty where drink was sold without a licence on Myers Flat aforesaid in the year one thousand eight hundred and fifty five and the place so kept by the said deceased consisted of two apartments and was not a store. That the said Thomas Brady deceased used to deal at the store of the said Messrs. Francis Brothers and I saw him almost daily up to the day of his death. That for four or five months prior to the death of the said Thomas Bready I considered from his manner and behaviour that he was of unsound mind and was so up to the time of his death, and he has requested to me to lend him my revolver. That there was no doctor of the name of Gill residing on Myers Flat aforesaid in the year, one thousand eight hundred and fifty five but I knew one of that name residing at Maldon in the year, one thousand eight hundred and fifty four and I did not know if any person named Gill residing on Myers Flat aforesaid in the year one thousand eight hundred and fifty five. 00028-p0000-000149-0480-00080 That I knew Michael Welsh who was a miner living on Myers Flat aforesaid in the year, one thousand eight hundred and fifty five and who is as I believe alleged to be one of the witnesses to the will of the said Thomas Bready deceased. That the said Michael Welsh did not leave Sandhurst in the year one thousand eight hundred and fifty five and he was working there in that year. That to the best of my knowledge and belief the said Michael Welsh was working on Myers Flat aforesaid in the year one thousand eight hundred and fifty eight Sworn at Sandhurst in the Colony of Victoria this twenty ninth day of October in the year of our lord one thousand eight hundred and seventy four. Before me…a commissioner of the supreme court of the colony of Victoria for taking affidavits |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00109 and 00028-p0000-000149-0480-00110 | 29 October 1874 | Affidavit of Mrs Ellen Casey |
| 00028-p0000-000149-0480-00109 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased Affidavit of Mrs Ellen Casey Thomas Miller 00028-p0000-000149-0480-00110 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased I, Ellen Casey of McCrae St Sandhurst in the Colony of Victoria wife of Edward Casey of the same place Licensed Victualler make oath and say -That in the year one thousand eight hundred and fifty five I resided and kept a school on Myers Flat near Sandhurst in the Colony of Victoria and Ellen Cooke formerly Ellen Bready and Mary Jane Simons formerly Mary Jane Bready the daughters of the above named Thomas Bready deceased attended my said school in that year. -That some time before and up to within a few days of the death of the said Thomas Bready the said Ellen Cooke formerly Ellen Bready and Mary Jane Simons formerly Mary Jane Bready used frequently to complain to me that they were compelled to stay up all night in consequence of their father the said Thomas Bready deceased suffering from Delirium Tremens Sworn at Sandhurst in the Colony of Victoria this twenty ninth day of October in the year of our Lord one thousand eight hundred and seventy four before me |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00121 and 00028-p0000-000149-0480-00122 | 29 October 1874 | Affidavit of Thasseus Kelly |
| 00028-p0000-000149-0480-00121 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased Affidavit of Thasseus Kelly 00028-p0000-000149-0480-00122 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased I Thaddeus Kelly of Mundy Street Sandhurst in the Colony of Victoria Miner make Oath and say That I knew and became well acquainted with Michael Welsh a miner and who is as I believe alleged to be one of the witnesses to the will of the above named deceased Thomas Bready in the year one thousand eight hundred and fifty seven on Myers Flat near Sandhurst in the said Colony of Victoria. That to the best of my knowledge and believe the said Micheal Welsh resided on Myers Flat aforesaid for about two years after I became acquainted with him. Sworn at Sandhurst in the Colony of Victoria this twenty ninth day of October in the year of Our Lord one thousand eight hundred and seventy four Before me |
NOVEMBER 1874
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00054 and 00028-p0000-000149-0480-00055>>00028-p0000-000149-0480-00057 | 4 November 1874 | Affidavit of Thomas Bready |
| 00028-p0000-000149-0480-00054 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the matter of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of Thomas Bready 00028-p0000-000149-0480-00055 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the matter of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I Thomas Bready of Talbot in the Colony of Victoria in Talbot Make oath and say -that I am the only son of the above named Thomas Bready deceased -That I was living with my father the above named deceased, my mother, and my two sisters on Myers Flat near Sandhurst in the Colony of Victoria in the year one thousand eight hundred and fifty five and continued to do so up to ten days before the death of the above named deceased Thomas Bready. -That my father kept a shanty where drink was sold without a licence on Myers Flat aforesaid up to the time of his death and the place so kept by my father as aforesaid was built by him with my assistance and contained only two apartments and not three, and it was not a store. -That for some considerable time prior to the death of my father the said Thomas Bready deceased he was out of his mind, and suffering from delirium tremens, and I was constantly in attendance upon him both day and night up to within ten days of his death to prevent him ‘doing’ any injury to himself and several of the neighbours used occasionally to assist me to watch him -That I left my father’s place on the sunday week previous to his death which would be the sixteenth day of September one thousand eight hundred and fifty five and thirteen days after he is alleged to have made his will 00028-p0000-000149-0480-00056 -that it is impossible that my father the said Thomas Bready deceased could have made a will on the third day of september one thousand eight hundred and fifty five, without my knowledge as I was not away from him for ten minutes at any one time for some five or six weeks before and up to within ten days of his death. -That I never knew a doctor of the name of Gill living or being on Myers Flat, aforesaid in this year one thousand eight hundred and fifty five nor at any other time and no doctor of that name ever prescribed for my father the said Thomas Bready deceased on Myers Flat aforesaid but he was attended by Dr O’Brien of Sandhurst who certified the cause of his death. -That I knew and was well acquainted with Michael Welsh, one of the witnesses to the alleged will of my father the said Thomas Bready deceased and I worked as a mate with him in the year one thousand eight hundred and fifty five and for a short period in the year one thousand eight hundred and fifty six on Myers Flat aforesaid, and the said Michael Welsh did not leave Bendigo now called Sandhurst in the year one thousand eight hundred and fifty five as I know he was working as a mate with two men named Pallas and Dillon on Myers Flat aforesaid in the year one thousand eight hundred and fifty seven and Pallas brought a three roomed house from my late mother which she had built in the latter end of one thousand eight hundred and fifty six or the beginning of one thousand eight hundred and fifty seven and the said Pallas and Michael Welsh went to live in the said house. -That my sister Ellen Cooke formerly Ellen Bready was between ten and eleven years of age and my sister Mary Jane Simons formerly Mary Jane Bready 00028-p0000-000149-0480-00057 Was about nine years of age at the time of the death of the said Thomas Bready deceased. -That the cause of my leaving my father was a misunderstanding between myself and my mother as I saw she did not wish me to remain minding my said father, -That a man named Nugent came for me to my house at my father’s request and on my arrival at the said Thomas Bready’s residence which was about one hundred yards from mine he was speechless and died within ten minutes after I had arrived at his house. Sworn at Melbourne in the Colony of Victoria this fourth day of November in the year of our Lord one thousand eight hundred and seventy four before me –a commissioner of the Supreme Court of the Colony of Victoria for taking affidavits |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00058 and 00028-p0000-000149-0480-00059 | 4 November 1874 | Affidavit of Mary Jane Simons |
| 00028-p0000-000149-0480-00058 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the matter of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of Mary Jane Simons 00028-p0000-000149-0480-00059 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the matter of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I Mary Jane Simons the wife of Nicholas Simons of Percydale in the Colony of Victoria Miner make oath and say -That I was acquainted with one Daniel Gill a surgeon by profession, whose signature appears on the will of my late father Thomas Bready now produced and shown to me at the time of making this my affidavit at who was at the time of the date of the said will resident at Sailors Gully near Sandhurst -That some time subsequently to the date of the said will he the said Daniel Gill left the neighbourhood of Sailors Gully and as I have been informed and verily believed the same to between he came to Melbourne, and became an inmate of the Benevolent Asylum, in which institution have informed he died some time in the year one thousand eight hundred and seventy one -That the said Daniel Gill was a native of England Sworn at Melbourne in the Colony of Victoria this fourth day of November in the year of our Lord one thousand eight hundred and seventy four before me –a commissioner of the Supreme Court of the Colony of Victoria for taking affidavits |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00101 and 00028-p0000-000149-0480-00102 and 00028-p0000-000149-0480-00103 | 7 November 1874 | Affidavit of James Colgan including death certificate for Thomas Bready |
| 00028-p0000-000149-0480-00101 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of James Colgan 00028-p0000-000149-0480-00102 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I James Colgan of number sixty four Little Collins Street East in the City of Melbourne and Colony of Victoria clerk to Mr Thomas Miller of the same place Proctor for Thomas Bready the caveator herein make oath and say -that I have searched in the office of the Register General of the Colony of Victoria, and find that the above named deceased Thomas Bready died at Myers Flat near Sandhurst in the said Colony on the twenty seventh day of September one thousand eight hundred and forty five That ???? marked A is a true copy of the certificate of death of the above named deceased. Sworn at Melbourne in the Colony of Victoria this seventh day of November in the year of our lord one thousand eight hundred and seventy four Before Me 00028-p0000-000149-0480-00103 Copy of death certificate of Thomas Bready No. of certificate 846 1855 A Schedule B DEATHS in the central district of Sandhurst in the Colony of Victoria, Registered by William Augustine Roche. No. 80 Where and when died: September 27th of 1855 at Myers Flat Name and surname, rank or profession: Thomas Brady, Gold Miner Sex and Age: Male 38 years 1) Cause of death 2) duration of last illness 3)Medical attendant by whom certified, and 4) when he last saw deceased: 1)Delirium Tremens 2) Fourteen days 3) John O’Brien Surgeon 4)September 26th 1855 Name and surname of mother and father if known, and rank or profession: Peter Brady Stone Mason Mothers’ name unknown 1) Signature, Description, and residence of informant: Thomas Brady, Gold Miner, Myers Flat 1) Signature of deputy Registrar, 2) Date and 3) where registered: 1) William Augustine Roche 2) September 29th 1855 3) Sandhurst Central District Registrars office IF BURIAL REGISTERED When and where buried. Undertaker by whom certified. 1855 September 29th at Junction Cemetery Name and religion of minister, or names of witnesses of burial Reverend H. Bachaus Catholic Priest Thomas Brady James Morgan IF DECEASED WAS MARRIED Where born, and how long in the Australian colonies, stating which: Ennis County of Clare Ireland in 1838 to Bridget Mailey Issue, in order of Birth, their names and ages: 1) Thomas 16 years 2) Edward 9 months -deceased- 3) William Edward, 5 years, deceased 4) Elizabeth, 12 years 5) Mary Jane 10 years 6) Henry -/ Years dead 7)William 2 years dead 8) Bridget -/ months dead I, Richard Gibbs, register general of the Colony of Victoria do hereby certify that the above is a true copy of an entry in register of deaths kept in this office. Extracted this fourth day of November 1876 This is the certificate marked A referred to in the annexed affidavit of James Colgan sworn herein this 7th day of November A.D. 1874 Before me |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00111 and 00028-p0000-000149-0480-00112 | 11 November 1874 | Affidavit of Mrs Mary Daws |
| 00028-p0000-000149-0480-00111 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased Affidavit of Mrs Mary Daws 00028-p0000-000149-0480-00112 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased I Mary Daws of King Street in the city of Melbourne and the colony of Victoria wife of Michael Daws of the same place a licensed Victualler make oath and say -That I knew Michael Welsh on Myers Flat near Sandhurst in the Colony of Victoria in the year one thousand eight hundred and fifty six -That the said Michael Welsh went from this Colony to New Zealand and returned from that place in the year one thousand eight hundred and sixty seven and he came to live at my place -That the day after the said Michael Welsh came to live at my place he went into the Melbourne Hospital where he died in the year one thousand eight hundred and sixty-seven -That I never knew any Dr Gill living on Myers Flat aforesaid while I was residing there. Sworn at Melbourne in the Colony of Victoria this eleventh day of November in the year of our lord one thousand eight hundred and seventy four Before me |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00125 and 00028-p0000-000149-0480-00126 | 11 November 1874 | Consent |
| 00028-p0000-000149-0480-00125 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased Consent W Cuddy 00028-p0000-000149-0480-00126 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased My consent to a proof of ponement On the return of the rule nisi on Thursday the 12th November to Thursday the 26th day of November 1874 Dating(?) 11 November 1874 William Cuddy (signature) Proctor for Ellen Cooke –signature- thomas miller? Proctor for Thomas Bready |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00096 and 00028-p0000-000149-0480-00097 | 20 November 1874 | Praeipe for summons to witness |
| 00028-p0000-000149-0480-00096 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Praeipe for summons to witness 00028-p0000-000149-0480-00097 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Praepeipe For writ of Subpoena ad test. On behalf of Thomas Bready the Caveator to subpoena James McClelland of Sandhurst in the Colony of Victoria Merchant to give ‘evidence’ on the return of the order nisi made herein on Thursday the 29th day of October 1874 Dated this 20th day of November 1874 Thomas Miller Proctor for the Caveator 64 Little Collins St East |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00081 and 00028-p0000-000149-0480-00082 and 00028-p0000-000149-0480-00083 | 26 November 1874 | Affidavit of James Colgan RE-public holiday on Mon 23 Nov.: ‘The Proclamation of the New Constitution’ – a public hol and law offices closed. SOURCE: Anon (1874) The Illustrated Australian annual and family almanac for … Melbourne: McCarron, Bird & Co. p50 http://handle.slv.vic.gov.au/10381/248216 |
| 00028-p0000-000149-0480-00081 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of James Colgan 00028-p0000-000149-0480-00082 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I James Colgan of number sixty four Little Collins Street East Melbourne in the Colony of Victoria Clerk to Mr Thomas Miller of the same place Proctor for the Thomas Bready the son of the above named deceased make oath and say That on the twenty ninth day of October last, an Order Nisi was granted by this Honourable Court in this matter calling on the said Thomas Bready to show cause to this honourable Court on Thursday the twelfth day of November instant why Probate or Letters of Administration with the will annexed of Thomas Bready deceased should not be granted to Ellen Cooke the wife of John Sturgeon Cooke and a copy of said order Nisi was served at the office of the said Thomas Miller on or about the second day of November instant. That affidavits of John McClelland, Patrick Dynan Thaddeus Kelly, Ellen Casey and Thomas Bready in support of the case of the said Thomas Bready were duly filed in this Honourable Court and notice of such filing given to Mr Cuddy on Saturday the seventh day of November instant as required by the rules of this Honourable Court. That on the tenth day of November instant Mr Cuddy caused to be served at the office of the said Thomas Miller a notice stating that he required to cross-examine John McClelland and Thomas Bready. That on the eleventh day of November instant the return of the order nisi herein at the request of the said Mr Cuddy was by consent postponed until Thursday the twenty 00028-p0000-000149-0480-00083 Sixth day of November instant. That on Saturday the twenty first day of November instant the said Mr Cuddy caused to be served at the office of the said Thomas Miller a notice stating that he required to cross examine John McClelland, Thomas Bready, Patrick Dynan, Thaddeus Kelly and Ellen Casey on the return of the Order Nisi wherein That as Monday last was a holiday it was impossible to have issued a sub poena to compel the attendance of the witnesses required until Tuesday the twenty fourth day of November instant and it would then have been too late as John McClelland, Thaddeus Kelly, and Ellen Casey reside at Sandhurst. Thomas Bready at Talbot, and Patrick Dynan who is a most material witness on behalf of the said Thomas Bready resides at Myers Creek about thirteen miles out of Sandhurst and they could not have attended in Melbourne on the return of the Order Nisi herein today. Sworn at Melbourne in the Colony of Victoria this 26th day of November in the year of our Lord one thousand eight hundred and seventy four Before me…a commissioner of the supreme court of the colony of Victoria for taking affidavits |
| FILE NAME | DATE | WHAT IS IT |
| Cover page: 00028-p0000-000149-0480-00009 and 00028-p0000-000149-0480-00010 | 1 Dec 1874 | Receipt for Jury of 12 Jurors I have not written this out |
| FILE NAME | DATE | WHAT IS IT |
| Cover page: 00028-p0000-000149-0480-00024 and 00028-p0000-000149-0480-00025 and 00028-p0000-000149-0480-00026 | 24 December 1874 | Order |
| 00028-p0000-000149-0480-00024 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / In the Matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Order 00028-p0000-000149-0480-00025 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / In the Matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Thursday the 17th day of December 1874. Before his Honour Justice Molesworth. This matter coming out on the 1st day of December 1874 to be heard and debated before His Honour Mr Justice Molesworth in the presence of Counsel learned for the Applicant and the Caveator and the rule nisi in this matter being read and upon debate of the matter and hearing of the affidavits of Ellen Cooke, Patrick Dynan, Ellen Casey and James Colgan sworn and filed herein read and the vice voce evidence given by and on behalf of the parties and what was alleged by Council on both sides this court did order that this Matter should stand for 00028-p0000-000149-0480-00026 Judgement and this matter standing for judgment this day with presence of Council heard for the applicant and Caveator this court doth order that the matter and application be tied and heard by and before His Honour Justice Molesworth and a jury of four special Jurors at the Supreme Court House Melbourne on Friday the 12th day of February 1875 or at such other time as His Honour may be able to try and hear same. |
| FILE NAME | DATE | WHAT IS IT |
| 00028-p0000-000149-0480-00010 | 31 December 1874 | To the Sheriff of the Colony of Victoria |
| 00028-p0000-000149-0480-00010 In the Supreme Court of the Colony of Victoria in its probate jurisdiction To the Sheriff of the Colony of Victoria Pursuant with the act in each case made and provided and in the view to an order of his Honour Mr Justice Molesworth made in the seventeenth day of December one thousand eight hundred and seventy four in the matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased, you are hereby commanded that you cause to come before the Supreme Court of the Colony of Victoria to be holden of the Court House at La Trobe Street in the City of Melbourne at the hour of Eleven O Clock in the forenoon on Friday the twelfth day of February now next, not less than twelve good and lawful men of the Jury district of the City of Melbourne Aforesaid duly qualifies according to laws as special Jurors to make a Jury of the Country for all such matters as shall be then and there be required of them in their behalf and that you have them there this precept with the panel annexed/and(?) that containing the names of these Jurors as by law is required of you. Given under my hand and the seal of the said court this thirty first day of December AD 1874 |
| FILE NAME | DATE | WHAT IS IT |
| cover page 00028-p0000-000149-0480-00123 and 00028-p0000-000149-0480-00124 | 6 Feb 1875 | Pracie For writ of subpoena ad test on behalf of the caveator (basically the court summons for trial) |
| 00028-p0000-000149-0480-00123 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased Pracie For writ of subpoena ad test on behalf of the caveator 00028-p0000-000149-0480-00124 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased Pracie For writ of subpoena ad test on behalf of Thomas Bready the Caveator herein to examine James McClellard, Patrick Dynan and Ellen Casey on his behalf on the trial and hearing of the Order Nisi calling upon the said Thomas Bready to show cause why probate or Letters of Administration with this will annexed of the above named deceased should not be granted to Ellen Cooke Dating this 6th day of February A.D. 1875 Thomas Miller Proctor for the said Thos. Bready 64 Little Collins St East. |
| FILE NAME | DATE | WHAT IS IT |
| cover page 00028-p0000-000149-0480-00127 and 00028-p0000-000149-0480-00128 | 10 Feb 1875 | Praeceipe for Mil of Subpoena ad test on behalf of Ellen Cooke I haven’t written it out. |
| FILE NAME | DATE | WHAT IS IT |
| 00028-p0000-000149-0480-00008-00028-p0000-000149-0480-00009 | 12 Feb 1875 | List of Special Jurors to Try Issues of Fact and other matters by Juries of Four Special Jurors (not written out) document contains names, residences, occupation, how served, when served, by whom served. I haven’t written it out. |
| FILE NAME | DATE | WHAT IS IT |
| Cover page: 00028-p0000-000149-0480-00000 Contents: 00028-p0000-000149-0480-00001 | I think it should be 12th Feb 1875 starts dated 17 Dec 1874, BUT this is documenting what happened on 1 Dec and then on 12th Feb. | Finding of Jury on Rule Nisi |
| 00028-p0000-000149-0480-00000 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / In the Matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Finding of Jury on Rule Nisi 00028-p0000-000149-0480-00001 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / In the Matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Thursday the 17th day of December One thousand eight hundred and seventy four. Before his Honour Mr Justice Molesworth. This matter coming on the first day of December One thousand eight hundred and seventy four to be heard and debated before his Honourable Justice Molesworth in the presence of Counsel learned for the Applicant and Caveator and the Rule Nisi in this Matter being lead and upon debate of the matter and hearing the Affidavits of Ellen Cooke, Patrick Dynan, Ellen Casey and James Colgan, sworn and filed herein read and the viva voce evidence given by and on behalf of their parties and what was alleged by Counselor both sides This Court Did Order and this Matter Standing for Judgement that this matter should stand for judgement this day and in the presence of Counsel learned for the Applicant and Caveator This Court Doth Order that the Matter and Application be tried and heard by and before his Honourable Justice Molesworth and a Jury of four Special Jurors at the Supreme Court House Melbourne on Friday the twelfth day of February One thousand eight hundred and seventy five or such other time as His Honour may be able to hear and by the same and both parties arguing thereto. Afterwards on the twelfth day of February One thousand eight hundred and seventy five aforesaid before his Honour Mr Justice Molesworth judge of the Supreme Court of the said Colony in its Probate Jurisdiction came the parties within mentioned, with their respective Proctors and Council, within mentioned and a Jury of four duly summoned also came who being sworn to the matter and application in question – between the parties upon their oath say that We Find for the Plaintiff and uphold the said Will. (signature) Acting Master in Equity. |
| FILE NAME | DATE | WHAT IS IT |
| Cover page: 00028-p0000-000149-0480-00002 Contents: 00028-p0000-000149-0480-00003 and 00028-p0000-000149-0480-00004 | 17 Feb 1875 | Finding of Jury on Rule Nisi (yes, same title as the last document, but different documentation). |
| 00028-p0000-000149-0480-00002 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / In the Matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Finding of Jury on Rule Nisi 00028-p0000-000149-0480-00003 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / In the Matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Thursday the Seventeenth day of December one thousand eight hundred and seventy four. Before His Honour Mr Justice Molesworth This Matter coming out this first day of December one thousand eight hundred and seventy four to be heard and debated before His Honour Mr Justice Molesworth in the presence of the Council learned for the application and Caveats and the Rule Nisi in this matter being read and upon debate of the matter and hearing of the affidavits of Ellen Cooke, Patrick Dynan, Ellen Casey and James Colgan sworn and filed herein read and the vice voce evidence given by and on behalf of the parties and what was alleged by Council on both sides, This Court did order that this matter should stand for judgement and this matter standing for judgement this day in the presence of council learned for the Applicant and Caveator. This court doth orders that the Matter and Application be tried and heard by and before his Honour Mr Justice Molesworth and a Jury of Four special jurors at the Supreme Court House Melbourne on Friday the twelfth day of February one thousand eight hundred and seventy 00028-p0000-000149-0480-00004 Five or at some other time as His Honour may be able to hear and try same both partners agree, Afterwards on the twelfth day of February one thousand eight hundred and seventy five aforesaid before His Honour Mr Justice Molesworth, judge of the Supreme Court of the said Colony in its Probate Jurisdiction came the parties within mentioned with their respective proctors Counsel within mentioned and a Jury of from duly summoned also came who being sworn to by the matter and application in question between the parties upon their oath say that we find for the Plaintiff and uphold the said Will. (signatures) Acting Master in Equity. |
| FILE NAME | DATE | WHAT IS IT |
| Cover page: 00028-p0000-000149-0480-00016 and 00028-p0000-000149-0480-00017 | 21 Feb 1875 | Cooke v Bready Affidavit of John Seymour Wright to support Brief. |
| 00028-p0000-000149-0480-00016 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / Cooke v Bready / Affidavit of John Seymour Wright to support Brief. 00028-p0000-000149-0480-00017 In the Supreme Court of the Colony of Victoria in its probate jurisdiction Between Ellen Cooke (plaintiff) and Thomas Bready (defendant) I John Seymour Wright of Number 84 Chancery Lane in the City of Melbourne in the Colony of Victoria Clerk to William Cuddy in the same place Proctor for the abovenamed Plaintiff make oath and say -That the whole of the Brief held by Mr Fullerton of Counsel for the said Plaintiff on the trial before Mr Justice Molesworth and a Special Jury of four on the twelfth and thirteenth day of February one thousand eight hundred and seventy five was drawn and prepared expressly for the said trial and that the whole thereof was prepared after the original hearing of the Rule Nisi held before Mr Justice Molesworth on the seventeenth day of December one thousand eight hundred and seventy four -That after the said seventeenth day of December one thousand eight hundred and seventy four I and the said William Cuddy had many conferences with the said Ellen Cooke upon the evidence to be given upon the trial before the jury under order dated Seventeenth December one thousand eight hundred and seventy four SWORN at the City of Melbourne in the Colony of Victoria this Twenty First day of February one thousand eight hundred and seventy five. |
MARCH 1875
| FILE NAME | DATE | WHAT IS IT |
| Cover page: 00028-p0000-000149-0480-00014 and 00028-p0000-000149-0480-00015 | 15 March 1875 | Notice |
| 00028-p0000-000149-0480-00014 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / In the Matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. 00028-p0000-000149-0480-00015 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / In the Matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Take Notice that this Honourable Court will be moved before his Honour Mr Justice Molesworth on Thursday the Fifteenth of March instance or as soon there after as Counsel takes to heard by Council on behalf of the claimant Mrs Ellen Cooke in support of the said Will for as the order of the Court according to the finding of the Jury herein pursuant to the provisions of the Administration Act 1872 and take also notice that the affidavit of Mr William Cuddy filed herein on the fifteenth day of March instant a copy of which is herewith that is intended to be used on behalf of the claimant the said Ellen Cooke on the said matters Dated 15 March 1875 – William Cuddy – Proctor for Ellen Cooke To Thomas Miller Esq Proctor for Thomas Bready the Caveator |
| What is the Administration Act of 1872? | |
| Victorian Historical Acts online here https://classic.austlii.edu.au/au/legis/vic/hist_act/taa1872203/ | p2 of PDF: …all the hereditaments…of such person…shall vest as from the death of such person in the executor or administrator to whom probate be granted….for all the estate therein of such person, and if there shall be more than one such executor or administrator shall vest in them as joint tenants. –and that the real estate falls to that executor who is granted probate…and it shall be lawful…to sell or mortgage such real estate with or without a power of sale, and to convey the same to a purchaser…as the testator or intestate could have done in his lifetime. …but nothing in this or the proceeding section shall divest any real estate out of any administrator of freehold lands appointed previously to the coming into operation of this act or affect the powers of any such administrator p3 PDF ...any real estate of any person who shall have died after the first day of July 1864 intestate as to such estate shall be…held upon trust for his heir-at-law p3 of PDF: In the administration of the estate of every person who shall die on or after 1 Jan 1873…all the creditors of such person…shall be treated as standing in equal degree…and be paid accordingly out of assets of the deceased person …upon the receipt of an office copy of the probate of will…whereby it should appear that any person has been appointed the executor or administrator of any deceased person…may be registered as proprietor…and on the day of the death of the proprietor when the same can be ascertained…and upon such entry being made…such executor administrator shall become the transferee….and be deemed to be the proprietor of the estate… p4 of PDF shall be deemed to be the absolute proprietor…If in any case probate or administration shall be granted to more persons than one, ALL of them for the time being shall join and concur in EVERY instrument relating to the land p7 of PDF top of page – that if the administrator doesn’t distribute the funds then you can basically sue the sureity person who agreed to put up their assetts as bond. |
| FILE NAME | DATE | WHAT IS IT |
| Cover page:00028-p0000-000149-0480-00089 and 00028-p0000-000149-0480-00090 and 00028-p0000-000149-0480-00091 | 15 March 1875 | Affadavit of W Cuddy [William] Cuddy |
| 00028-p0000-000149-0480-00089 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affadavit of W Cuddy 00028-p0000-000149-0480-00090 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I William Cuddy of no. 84 Chadway Lane in the City of Melbourne in the Colony of Victoria Proctor for Ellen Cooke wife of John Sturgeon Cooke of Amherst in the Colony of Victora Miner make oath and say PARAGRAPH 1 That I was present in the library at the Supreme Court on Thursday the 1st day of October one thousand eight hundred and seventy four with council for the said Ellen Cooke Council for Thomas Bready and James Colgan Clerk to Thomas Miller Proctor for the Caveator when it was arranged the notice for administration by Thomas Bready should be withdrawn and that for the purpose of saving expenses Ellen Cooke his sister should first apply for administration with the will annexed in default of her other sister Mary Jane Simons the wife of Nicholas Simons in default of her that Thomas Bready the son of the Testator should apply for administration and finally in default of him the said Thomas Bready taking out administration the curator was to do so as to avoid any further litigation and it was on this distinct understanding the then pending application was with the council of the parties withdrawn. 00028-p0000-000149-0480-00091 PARAGRAPH 2 That on the matter being called on and the above arrangement being initiated/ intimated to the court the said Ellen Cooke accordingly produced to obtain Administration with the Will annexed and an advertisement for such purpose duly appeared on the third day of October one thousand eight hundred and seventy four and on search being made it was found the said Thomas Bready had entered a Caveat through his Proctor Mr Thomas Miller in violation of the said arrangement and agreement. PARAGRAPH 3 That the first intonation for the said Ellen Cooke that the said Will would be disputed on the ground of the Testators incapability was the affidavit of the caveat sworn herein on the fourth day of November last after the order nisi had been obtained the same having been made on the twenty ninth day of October returnable on the eighth day of November last. PARAGRAPH 4 That owing to the loss? of time the distance from Melbourne the circumstances of the said Ellen Cooke and as her sister’s illness together with the shortage of time for enquiry I was unable on the first hearing to supply the court with the additional evidence produced on the last (no date, blank) Sworn at the city of Melbourne in the colony of Victoria on the fifteenth day of march one thousand eight hundred and seventy five Before me |
| FILE NAME | DATE | WHAT IS IT |
| Cover page:00028-p0000-000149-0480-00092 and 00028-p0000-000149-0480-00093>> 00028-p0000-000149-0480-00095 | 16 March 1875 | Affidavit James Colgan |
| 00028-p0000-000149-0480-00092 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit James Colgan 00028-p0000-000149-0480-00093 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I James Colgan of number sixty four Little Collins St East in the City of Melbourne and colony of Victoria clerk to Mr Thomas Miller of the same place Proctor for Thomas Bready of Talbot in the said Colony Labourer the son of the above named deceased make oath and say PARAGRAPH 1 -That I have the conduct and management of this matter on behalf of the said Thomas Bready under the direction of the said Thomas Miller PARAGRAPH 2 -That I caused to be inserted and the same duly appeared in the “Age” newspaper printed and published in the city of Melbourne aforesaid on the twenty third day of July last a notice of which the following is a copy: “Notice is hereby given that after the expiration of fourteen days from the publication hereof application will be made to the Supreme Court in its probate jurisdiction that Administration of the Estate of Thomas Bready late of Bendigo in the colony of Victoria stonemason deceased intestate may be granted to Thomas Bready of Talbot in the colony of Victoria the son and one of the next of kin of the said deceased. Dated the 23rd of July of 1874 Thomas Miller 64 Little Collins St East Melbourne Proctor for the said Thomas Bready PARAGRAPH 3 -That on Thursday the thirteenth day of August last Mr A Beckett on behalf of the said Thomas Bready applied to this Honourable Court that administration of the estate of the deceased Thomas Bready should be granted to the said Thomas Bready in accordance with the above 00028-p0000-000149-0480-00094 Notice when the application was adjourned for a further affidavit and his honour Mr Justice Molesworth directed that notices of the application should be served personally on Ellen Cooke and Mary Jane Simons the sisters of the said Thomas Bready. PARAGRAPH 4 -That notices of the application were personally served on the said Mary Jane Simons and Ellen Cooke on the fourteenth and fifteenth days August last respectively and on the twentieth day of August last Mr Fullerton appeared for the said Mary Jane Simons and Ellen Cooke and applied to the Honourable Court that the matter should stand over for a fortnight the undertaking that no caveat would be entered by the said Mary Jane Simons and Ellen Cooke in the meantime. PARAGRAPH 5 -That upon the matter of the said application coming out again on the third day of September last Mr Fullerton applied to this Honourable Court for a further adjournment and it was again adjourned until the first day of October last. PARAGRAPH 6 -That I attended at this Honourable Court on the first day of October last and whilst waiting in court for the said application to be called on Mr A’Beckett informed me that he had seen an affidavit made by Ellen Cooke and which had been filed and that in the face of the said affidavit it would be useless to make the application for administration as of an intestate and advised that the application should be withdrawn PARAGRAPH 7 -That I accordingly had an interview with Mr Cuddy and Mr Fullerton in the library of this Honourable Court in presence of Mr A’Beckett when it was arranged that the application of Thomas Bready should be withdrawn and a conversation then took place between us as to the best thing that could be done in the matter and after some time it was suggested by Mr Cuddy that 00028-p0000-000149-0480-00095 The arrangement mentioned in the first paragraph of Mr Cuddy’s affidavit sworn herein on the 15th day of March instant would be the best and I then told him I should require to see the said Thomas Bready about the matter before finally agreeing. PARAGRAPH 8 -That I immediately consulted the said Thomas Bready who was sitting in Court and mentioned the circumstances to him and he requested me to let him see the original will which I did. PARAGRAPH 9 -that upon seeing the will he declined to agree to the arrangement suggested and informed me that he would like to have the matter stand over for a time and I told Mr Cuddy the result of my interview with the said Thomas Bready. PARAGRAPH 10 -That although the said Mary Jane Simons and Ellen Cooke were aware that the application for administration of the estate of the said Thomas Bready deceased was being made on the twentieth day of August last the said Thomas Bready informs me that the first day of October last was the first time he ever saw the original will and which I verily believe was only filed in this Honourable Court on that day. Sworn at Melbourne in the colony of Victoria this sixteenth day of March in the year of our Lord one thousand eight hundred and seventy five. Before me. |
| FILE NAME | DATE | WHAT IS IT |
| Cover page:00028-p0000-000149-0480-00027 and 00028-p0000-000149-0480-00028>>00028-p0000-000149-0480-00033 | 18 March 1875 | Cooke v Bready / Costs under decreetal Order of the 18 March 1875 I have not written out. |
| FILE NAME | DATE | WHAT IS IT |
| Cover page:00028-p0000-000149-0480-00086 and 00028-p0000-000149-0480-00087 | 18 March 1875 | Affidavit of W Cuddy [William] Cuddy |
| 00028-p0000-000149-0480-00086 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affidavit of W Cuddy 00028-p0000-000149-0480-00087 In the Supreme Court of the Colony of Victoria in its Probate Jurisdiction In the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I William Cuddy of Number 84 Chancery Lane in the city of Melbourne in the colony of Victoria Proctor for Ellen Cooke wife of John Sturgeon Cooke make oath and say I have read the affidavit of Mr James Colgan sworn herein on the sixteenth instant That on the nineteenth day of August last I received from a Mr Fergie on behalf of Mrs Simmons the notice of application referred to in the fourth paragraph informed me he had just received same of the said affidavit On receipt of the said notice and being informed of the existence of the said Will I instructed counsel to apply as in the said paragraph mentioned The further adjournment in the fifth paragraph of the said affidavit referred to was made on the grounds of appearing in the affidavit of Mr Henry Penketh Fergie and sworn hereon the third day of September one thousand eight hundred and seventy four. 00028-p0000-000149-0480-00088 That on the advice of Council for the caveator referred to as and in the sixth paragraph of the said affidavit mentioned being communicated to me I informed the said Mr Colgan I would consult with counsel on behalf of applicant on some considerable time after and after I had seen the said James Colgan read the affidavit of the said Ellen Cooke to the said Thomas Bready the arrangement referred to in the seventh paragraph of the said affidavit was made and I verily believe the said Thomas Bready was cognisant of and had instructed the said James Colgan and his counsel through him to make same. The first intonation I had that the said arrangement would not be carried out on the part of the caveator was in a casual conversation with his Proctor Mr Thomas Miller several days after the advertisement on behalf of Mrs Cooke had been inserted and within a few days of the time her application would have been made Sworn at the city of Melbourne this eighteenth day of March 1875 Before me |
SEPTEMBER 1875
| FILE NAME | DATE | WHAT IS IT |
| Cover page: 00028-p0000-000149-0480-00011 and 00028-p0000-000149-0480-00012 and 00028-p0000-000149-0480-00013 | 3 Sept 1875 | Affidavit of Henry Penketh Fergie |
| 00028-p0000-000149-0480-00011 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / In the Matter of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. Affadavit of Henry Penketh Fergie 00028-p0000-000149-0480-00012 In the Supreme Court of the Colony of Victoria in its probate jurisdiction / In the Matter of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased. I Henry Penketh Fergie of Number Eighty Four of Chancery Lane in the City of Melbourne in the Colony of Victoria Acting Public make oath and say PARAGRAPH 1: -That I have, within the last week, seen a paper writing which purports to be a Will of the late Thomas Bready deceased and which original Will is deposited with Deeds on Mortgage to Mr Thomas Rowe of the town of Fitzroy near the City of Melbourne. Gentleman as Mortgage of certain lands mentioned in such Will PARAGRAPH 2: -That the following is a verbatim copy of such Will “This is the paper writing referred to in the annexed Affidavit of Bridget Bready Myers Flat September 3rd I Thomas Bready being of sound mind declare this to be my last Will and Testament. The property situate in Webb Street Collingwood in the City of Melbourne Colony of Victoria consisting of a stone house with all buildings and ground attached I in this my Testament Will and Bequave to my wife Bridget Bready for and during the whole of her life at her decease to my three children Thomas Bready Ellen Bready and Mary Jane Bready to be by then enjoyed conjointly and equally. In witness whereof I place my name and Seal this third 00028-p0000-000149-0480-00013 Day of September in the year of Our Lord one thousand eight hundred and fifty five in the presence of witness Daniel Gill and Michael Welsh his mark (Endorsed)” Received into the office of the Register of the Supreme Court of the Colony of Victoria at Melbourne this twentyninth day of December A.D. 1855 at half past eleven o clock in the forenoon a Memorial of the within Will numbered six hundred and thirty five (635) Book 33 and verified by James Fowler of 76 Chancery Lane Melbourne Law Clerk Augustus Darly Acting Register. PARAGRAPH 3 -That Mary Jane Simons one of the Daughters of the said deceased resides at Percydale a distance of one hundred and fifty miles a thereabouts from Melbourne PARAGRAPH 4 -That Ellen Cook the wife of John Cook the other daughter of the said deceased resides as I am informed and believed at Amherst a distance of one hundred and forty miles or thereabouts from Melbourne. Sworn at the City of Melbourne in the Colony of Victoria this third day of September One thousand eight hundred and seventy five Before me -(signature of person) a commissioner of the Supreme Court for Taking of Affidavits |
DECEMBER 1876
| FILE NAME | DATE | WHAT IS IT |
| Cover page: 00028-p0000-000149-0480-00018 and 00028-p0000-000149-0480-00019>>00028-p0000-000149-0480-00023 | 19 Dec 1876 | Cooke v Bready / Affidavit of Increase |
| 00028-p0000-000149-0480-00018 In the Supreme Court of the Colony of Victoria in its probate jurisdiction Cooke v Bready / Affidavit of Increase 00028-p0000-000149-0480-00019 In the Supreme Court of the Colony of Victoria in its probate jurisdiction Between Ellen Cooke (plaintiff) and Thomas Bready (defendant) I John Seymour Wright of Number 84 Chancery Lane in the City of Melbourne in the Colony of Victoria Clerk Managing Clerk to William Cuddy of the same place Gentleman Proctor for the abovenamed Plaintiff make oath and say -That I had the conduct and management of this suit under the direction and superintendent of the said William Cuddy -That his Honour Mr Justice Molesworth having by an order of the Seventeenth day of December One thousand eight hundred and seventy four directed that the validity or otherwise of the will of Thomas Bready deceased should be tried before a Jury I paid Mr Fullerton and clerk a fee of one pound three shillings and sixpence for settling said order -That I caused the sum of five pounds one shilling to be paid on behalf of the Plaintiff Ellen Cooke for Jury Fees on special Jury of Four impounded to on this suit -That I issued a subpoena attest on behalf of the Plaintiff Ellen Cooke and served copies thereof on the said Ellen Cooke 00028-p0000-000149-0480-00020 Mary Jane Simons, George Hackett, Thomas Rowe, and Henry Penketh Fergie who were in my judgement and belief material and absolutely necessary Witnesses for the said Plaintiff Ellen Cooke in this suit. -That the said George Hackett is a miner and resided and still resides at the City of Sandhurst and that I paid him for his Railway expenses to and from that city to Melbourne and for four days attendance in town for the sum of Five Pounds -That I paid Henry Penketh Fergie with his subpoena the sum of one pound one shilling and a further sum of one pound one shilling for a second days attendance at the Court on the thirteenth day of February one thousand eight hundred and seventy five and that I also paid to Thomas Rowe with his subpoena the sum of one pound one shilling -That a brief and the trial of the cause (case?) was delivered to Mr Fullerton as Counsel for the Plaintiff Ellen Cooke and I have paid him and a clerk a fee of sixteen pounds five shillings thereof -That in my judgement it was absolutely necessary to have a consultation with Counsel and Witnesses on the Plaintiffs case, that such consultation was held on Thursday the eleventh day of February One thousand eight hundred and seventy five and was attended by the said William Cuddy myself the plaintiff and her witnesses and 00028-p0000-000149-0480-00021 That such consultation occupied close upon three hours and that I have paid to Mr Fullerton and clerk a fee of two pounds four shillings and six pence for such consultation. -That this suit was specially fixed by His Honour Mr Justice Molesworth to be heard on the Twelfth day of February one thousand eight hundred and seventy five and that it came on for hearing on that day and occupied the whole thereof, that the hearing of the suit was resumed on the following day the thirteenth day of February and occupied the court until half past two o clock in the afternoon when the Jury returned a verdict for the Plaintiff Ellen Cooke and his honour adjoined the court until Monday the fifteenth day of February for judgement. -That the said William Cuddy and myself were in attendance on both the days on which the suit occupied the court and that all the plaintiffs witnesses were also in attendance on both those days. -That I caused a brief to hear judgement to be delivered to Mr Fullerton and paid him and clerk herewith a fee of two pence and four shillings and six pence, and that Mr Fullerton duly attended the court on Monday the fifteenth day of February one thousand eight hundred and seventy five but his Honour did not deliver his judgement on that day. -That I paid Mr Fullerton and clerk a fee of one pound three shillings and six pence to settle the order and the finding of the jury 00028-p0000-000149-0480-00022 In this suit. –That his Honour Mr Justice Molesworth not having for several weeks delivered the judgement I caused to be delivered to Mr Fullerton a brief to apply for judgment and paid him and clerk therewith the sum of two pounds and four shillings and six pence -That Mr Fullerton made such application accordingly on Thursday the eleventh day of March one thousand eight hundred and seventy five when his Honour Mr Justice Molesworth suggested that and the proceeding was new notice should be given to the Caveator to attend on Thursday the eighteenth day of March when he would deliver his judgement on the issue found by the Jury and heard the applications for administration. -That I delivered to Mr Fullerton a further Brief to attend on that day (the eighteenth day of March) to hear the judgement and apply for administration and paid him and clerk therewith a fee of two pounds four shillings and six pence -That I paid Mr Fullerton and clerk a fee of one pound three shillings and six pence to settle the decree order herein –That I delivered a brief to Mr Fullerton on the original application for Letters of Administration having received no notice from the defendants proctor that a Caveat has been lodged and having no knowledge that the same has been done until I made the usual search in the morning on which the application 00028-p0000-000149-0480-00023 Was to be made and that I paid Mr Fullerton and Clerk therewith two pounds four shillings and six pence. -That I paid to the proper officer at the Office of the Master in Equity the sum of one pound seven shillings and six pence being the amount payable for duty on the Estate of the late Thomas Bready deceased. -That I have been paid in money by William Cuddy the Proctor for the said Plaintiff the sum of one pound ten shillings for clerks fee herein -Sworn at the City of Melbourne in the Colony of Victoria this nineteenth day of December one thousand eight hundred and seventy six Before me -(signature of person) a commissioner of the Supreme Court for Taking of Affidavits |
APRIL 1877
| FILE NAME | DATE | WHAT IS IT |
| 00028-p0000-000149-0480-00036 | 20 April 1877 | Affidavit of Mary Jane Simons assigning Cuddy “[To the Master in Equity]” |
| 00028-p0000-000149-0480-00036 In the Supreme Court of the Colony of Victoria in its Equity jurisdiction In the matter of Thomas Bready deceased To the Master in Equity The Supreme Court of the Colony of Victoria Sir, I hereby request that you will on my behalf as an administratrix of the estate of the late Thomas Bready deceased proceed to tax the bills of costs of Mr William Cuddy as the solicitor asking me throughout herein and I do not require anyone else to be present on my behalf. I am Sir your obedient servant Mary Jane Simons The administratrix of the estate of the late Thomas Bready deceased This is the exhibit marked A referenced to in the annexed affidavit of John Seymour Wright sworn on this twentieth day of April one thousand eight hundred and seventy seven Before me -(signature of person) a commissioner of the Supreme Court for Taking of Affidavits |
| FILE NAME | DATE | WHAT IS IT |
| Cover page:00028-p0000-000149-0480-00027 and 00028-p0000-000149-0480-00028>>00028-p0000-000149-0480-00033 | 23 April 1877 | Affidavit of John Seymour Nichols verifying consent of Mary Jane Simons |
| 00028-p0000-000149-0480-00034 In the Matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased and in the matter of the Transfer of Land Statute and of the application of Mary Jane Simons the Wife of Nicholas Simons of Percydale in the county of Kara Kara in the Colony of Victoria Affadavit of John Seymour Wright verifying consent of Mary Jane Simons 00028-p0000-000149-0480-00035 In the Matter of the Will of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased and in the matter of the Transfer of Land Statute and of the application of Mary Jane Simons the Wife of Nicholas Simons of Percydale in the county of Kara Kara in the Colony of Victoria I John Seymour Wright of number 84 Chaucery Lane in the City of Melbourne in the Colony of Victoria Law Clerk make oath and say as follows. That the signature “Mary Jane Simons” to the consent here…marked as A is in the proper handwriting of the said Mary Jane Simons the sole administratrise of the said Thomas Bready deceased. Sworn at the City of Melbourne in the Colony of Victoria the 23rd day of April one thousand eight hundred and seventy seven Before me -(signature of person) a commissioner of the Supreme Court for Taking of Affidavits |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00037 and 00028-p0000-000149-0480-00038>>> 00028-p0000-000149-0480-00045 | My dating is in brackets 28 April 1875- 28 March 1877 | Mrs Mary Jane Simons The Administratrix of the Estate of the Late Thomas Bready deceased Costs William Cuddy I have not included costings just descriptions |
| 00028-p0000-000149-0480-00037 Mrs Mary Jane Simons The Administratrix of the Estate of the Late Thomas Bready deceased Costs 00028-p0000-000149-0480-00038 Mrs Mary Jane Simons the Administratrix of the Estate of the Late Thomas Bready deceased To William Cuddy Costs relating to sale of the property of the Late Thomas Bready forfeiting title and bringing Land under the operator of the transfer of Land statute. 1875 April 28th (1875) special letter to Mrs Cooke pointing out to her what should be done in order to complete the sale of her late Father’s property Attending at the Registrar Generals office searching for death of Henry Bready but was unable to find any record thereof. Paid Fees. Drawing and fair copy. Special instructions to sell the property May 1. (1875) Letter to Mrs Cooke in reply to hers of 29th … informing her that I had written to Mr Hackett requesting him to obtain certificate of your brother Henry’s death and postage. Long letter to Mr Hackett fully explaining to him the evidence required to meet the difficulty arising from the death of Henry Bready requesting him to obtain same and postage. 00028-p0000-000149-0480-00039 May 12th (1875) Attending M Fergis as agent for Mortgagee Rowe inspecting site Deeds, engaged 3 hours. Drawing authority in writing to Mr Bliss instructing him to sell property Attending Mr Bliss therewith and fully explaining the matter to him when he promised to inspect property and repal same to me Instructions for particulares and conditions of sale Drawing same Engrossing same Drawing advertisement and plan of ground Three Copus for insertion May 3 (1875) Attending Mr Bliss requesting him to alter the date of sale from 29th to the 22nd inst. 15th. (May, 1875) Letter to Mrs Cook inclosing advertisement of sale and informing her of difficulty in consequence of no registration of her late Brother Henry’s death. Letter to Mrs Simons informing her that the sale of the property was fixed for the 22nd inst. Attending at the office of the Registrar General bespeaking office Copy certificate of the death of Thomas Bready the Testator May 15th (1875) Instructions for statuary declarations of Mrs Ellen Cooke. Drawing and Engrossing same 18th (May, 1875) Letter forwarding same to her with instructions to take same before J.P and paid postage. 22nd (May, 1875) Attending sale of Property at Webb Street when Lot no. 1 was sold for £220.10 and Lot No. 2 for 247.10 26th (May, 1875) Attending producing Letters of admin to purchasers Solicitors for their records 28th (May, 1875) Having received Requisitions on Title from Messrs Wisewould and letters perusing and considering same Instructions for replies thereto Drawing same Engrossing requisition and replies Attending purchasers Solicitor therewith June 1 (1875) Letter to Mrs Cooke informing her that the property had been sold at £470 and postage 4th (June, 1875) having received replies for answers on requisitions on Title perusing and considering same when it was deemed advisable at once to take Counsels opinion on the objections raised by the purchaser 00028-p0000-000149-0480-00040 Brought Forward Solicitors Instructions for Case accordingly for the opinion of Mr Holroyd Drawing case for the opinion of Mr Holroyd Fee to Mr Holroyd and Clerk attending him therewirth the matter being urgent attending marking expedition fee attending him several times for opinion Having received opinion perusing and considering same Attending Registrar Generals office searching for particulars of Land 2 hours 16th (June, 1875) Having received opinion from Mr Holroyd Long Letter to Messrs Wisewould Gibbs as to requisitions on Title to Land sold to Vartheth/Varketh/Parketh 16th (June, 1875) The like on land sold to Greenwood Attending Messrs Wisewould and Gills clerk when he asked me whether I had any objection to show them the case as submitted to Mr Holroyd when I promised to let them know by 2’O’Clock tomorrow Attending Mr Holroyd thereon when he advised there was no objection to show the 1st query and answer thereto June 17th (1875) Letter to Messrs Wisewould and Gibbs informing them that they could inspect case and opinions at my offices. Attending them afterwards when they inspected case and opinions 21st (June, 1875) letter to Messers Wisewould and Gibbs in reply to theirs of 19th Inst. re Greenwood. The like re Partheth July 1st (1875) Letter to Mrs Cooke in reply to hers of yesterday informing her that owing to the extremely complicated nature of the title it was probable that it would be some time before the matter was complete and paid postage. July 10th (1875) Letter to Mrs Simons in reply to hers of the 5th Inst. and informing her that the delay in completing the matter was unavoidable and paid postage/ 14th (July, 1875) Letter to Mrs Simons in reply to hers stating to her that the principal objection to the title was that there was no official record of the death of Henry Brady and suggesting that if she could furnish certain evidence the difficulty might be got over and paid postage. 00028-p0000-000149-0480-00041 Aug 20th (1875) Attending all the Roman Catholic Cathedral of St Patricks at Melbourne and afterwards at the Church of St Ignatious at Richmond making search for any register of the death of Henry Brady whom I found and was informed that no regular registery answering to that by the Church of England had ever been kept by the Roman Catholics. August 23. (1875) Long letter to J.S.Cook in reply to his fully pointing out what should be done in order to get the best proof of the death of Henry Bready and instructing him to proceed to Sandhurst and as to his proceeding there. 24th August (1875) Attending with Mr Croker registration of Births and Deaths at Richmond at St Patricks Cathedral Melbourne and after with him at St Ignatious. Paid cab fare. 25th (August, 1875) Letter to Mr Cook in reply to his giving him particulars of what should require to verify the particulars he had obtained and postage. 25th Attending Mr Buchan the Mortgageee of Thos. Bready’s interest to whom he called on me relative to the advisability of bringing the Property under the Transfer of land statute conferring with him thereon 26th (August, 1875) Instructions to Drawing and Engrossing statuary declaration of Mr Nankwill Instructions to Drawing and Engrossing statuary declaration of Mr Kennedy Instructions to Drawing and Engrossing statuary declaration of John. S. Wright Attending before J.P. subscribing and making declaration Letter to Mr J.S.Cooke forwarding declarations to him at Sandhurst and fully instructing him of execution of same 28th (August, 1875) Telegram to Mr Cook in reply to his and attending transmitting same 29th (August, 1875) paid Having received Statuary Declarations from Mr Cooke, pursuing same whom I found that made Mr Kennedy to be correct but that the one made by Mr Nankwill was irregular and effective. Letter to Mr Cook returning declaration of Mr Nankwill pointing out the omissions and requesting him to get same rectified and paid postage 00028-p0000-000149-0480-00042 3rd (Sept 1875) letter to Mr George Haeketh in reply to his returning Statuary Declaration of Mr Nankwill and paid postage Sept 7 (1875) Instructions for Drawing and engrossing statuary declaration of Mr Crocker Nov 14 (1875) Letter to Mrs Cooke in reply to two of hers of 12th Inst regretting the delay that had taken place and explaining that the matter was being pushed on as expediently as possible and paid postage Nov 12th (1875) Letter to Mr E Croker requesting him to call to make declarations and paid postage Nov 24th (1875) Having received letter from Wisewould and Gibbs asking for an appointment to see Declarations attending making appointment with him for 10 o clock. 25th (November, 1875) Attending Mr Gibbs accordingly to appointment producing Declarations Dec 10 (1875) Letter to Mr Simons explaining her position as the adminix of the Estate in consequence of her sister and paid postage 16th (December, 1875) attending Mr Wiseould as to the delay in completing when he gave me his assurance that matter should be pushed on as expeditiously as possible Jan 12th (1876) Attending Mr Gibbs of Wisewould and Gibbs Complaining of the delay in this matter when he informed me that he had not heard from his clients, although he had written to them more than once. 17th (January, 1876) not having received any communications from Messnrs Wisewould and Gibbs the solicitors for the purchasers attending Mr Wisewould as to this matter when he informed me he would give it his immediate attention and informed me he thought at latest on Monday next. March 22 (1876) Attending Mr Wisewould when he called at my office this day and suggested that I should withdraw the contract for the sale of the property each party paying their costs deposit money to be returned when I took time to consider the matter and promised to write in reply May 2/2 (1876) Letter in reply declining offer to withdraw the contract May 3 (1876) Attending Mr Wisewould at his request when I informed him that I would not in any way rescind that contract and he 00028-p0000-000149-0480-00043 Informed me that he would see his clients the purchasers at 3 o clock and that he would subsequently communicate with me. July 20 (1876) Attending Messrs Wisewould and Gibbs conferring with them as to what they were going to do in respect of the terms of my interview some time ago namely that I should bring the property under the Transfer of Land statute when Mr Wisewould informed me that he was waiting too the return of one of his Clients to the colony to give me an answer and would communicate with me in the course of two or three days. July 26 (1876) Having received Letter from Messrs Wisewould and Gibbs attending Mr Wisewould thereon when he agreed that should endeavour to carry out my proposal to bring the property under the Real Property Act Instructions to bring Property under the Transfers of Land Statute attendees Drawing application to bring the land under the statute long and specials Fairy Copy for signature and a testation of Mr Simons the applicant. Long Letter to Mrs Simons with full instructions to execution and attesting same and paid postage 1 August (1876) Attending Registrar Generals Office when I was informed that the consent of Mr Rowe the Mortgagee would be required. Drawing consent of Rowe and fair Copy Clerks attending at Fitzroy to ascertain the names of owners and occupiers of the adjoining properties Attending Lodging application No 9431 2 August (1876) Paid fees thereon 11th (August, 1876) Attending lodging letters of Amon with Will Annexed of Mrs Mary Jane Simons at Registrar Generals 30th (August, 1876) Attending at Registrar Generals office making inquiries as to the result of application when I was informed that matters were progressing Sept 12th (1876) Attending Mr Barwell at the Lands Titles Office when he informed me that he had the search papers before him and that he should require the encumbrances Bready to Buckar/Burchan/Burchar to be released and that 00028-p0000-000149-0480-00044 Office copies of the proceedings on Rule Nisi should be furnished to him Sept 28 (1876) Attending before Mr Bardwell explaining objections raised when he required declaration of Mr Cuddy and the Mortgage from the widow of the children to be produced, also consent of Mr Cooke, and the application for it to be amended. Drawing and Copy Consent 28th (September, 1876) Letter to Mr Cooke forwarding consent for his signature and paid postage Oct 2 (1876) Attending Mr Buchan inspecting the Mortgage Bready to himself Paid inspection Fee 6 (October, 1876) Letter to Mrs Simons informing her that having written to Mr J.S.Cooke at Amherst and receiving no reply requesting her to inform us of his whereabouts. 28 (October, 1876) Attending at Registrar Generals office searching for death of Bridget Logan. Paid fee Attending to bespeak office copies of proceedings in administration suit and judges De?? On finding of Jury of rule nisi. Paid therefore. Drawing statuary declarations Attending before Mr Kein J.P. subscribing and making declaration. Attending at the registrar Generals office lodging declarations obtaining receipt. Nov 21st. (1876) Having received Letter from Titles Office requesting my attendance attending accordingly and engaged one hour and a half Mr Examiner Bardwell required an office copy of the affidavit of Tho Bredy to oppose Rule Nisi also of the Rule Nisi and additional Declaration of Wm. Cuddy with exhibits to be annexed. Searching at the offices of the Master in Equity engaged a long time. 18th 2/2 (December of 1876? February 1877?) Letter to Mr J.S. Cooke in reply to his of the 21st Inst. informing him as to the position of affairs in respect to obtaining Title and paid postage. Mar 3 (1877) Making office copy affidavit of 4 Nov 1874 for Commissioner in accordance with request as above stated for 12 The like copy of finding of jury 17th Dec 1874 for 6 The like of Caveat 16 October 1874 for 3 00028-p0000-000149-0480-00045 Attending commissioner at titles office when he requests that I should furnish him with a fuller Declaration and further Exhibits Instructions for same. Drawing same for 26 Engrossing same. Attending before the Commission lodging and entering into same when he promised to give it his attention and would consider same and communicate with me. Mar 28th (1877) Having received Letter from the Titles Office forwarding further requisitions Long attendance on examiner and with him before the Registrar when it was suggested that in the absence of Mr Buchan consent release of his mortgage. I should prepare and tax my bills of costs for the 2nd administration to M J Simons and these present costs so as to exhaust the whole of the value of Thomas Bready’s interest in the estate to his late father. [::::: does this mean Mary is inheriting two thirds now, and that one third is now just worth court costs for thomas jnr is this how expensive this has been???]] Attending to insert advertisement of application in the Argus Newspaper as directed by the Commissioner Paid therefore Paid for newspapers Paid fees at the office of the Commissioner of Titles Drawing bull of costs for 42 fair copy for taxing officer attending to obtain warrant to tax Paid copied and service, attending taxing, letters messages not already charged. |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00046 and 00028-p0000-000149-0480-00047 | July 1876 | Costs of obtaining letters of administration to Mary Jane Simons |
| 00028-p0000-000149-0480-00046 In the Supreme Court of the Colony of Victoria in its Probate jurisdiction Re Brady deceased. Costs of obtaining letters of administration to Mary Jane Simons 00028-p0000-000149-0480-00047 In the Supreme Court of the Colony of Victoria in its Probate jurisdiction costs of obtaining letters of administration to Mary Jane Simons 1876 July Having received letter from Mr Nicholas Simons informing me of the death of Mrs Ellen Cooke, the estate not having been administered. Attending Mr Brown, Mr Fullerton’s clerk to fix conference with him as to what proceedings should be taken under these circumstances when he appointed 4 o clock on this day. Attending Mr Fullerton in conference accordingly when he advised that administrations de bonus/is non should be taken out by Mrs Mary Jane Simons Paid his Fee and clerk Letter to Mr Simons informing him of the result of the conference and postage Instructions to obtain Letters & admin with will annexed to Mary Jane Simons sister of Mr Cooke |
| FILE NAME | DATE | WHAT IS IT |
| Cover page 00028-p0000-000149-0480-00046 and 00028-p0000-000149-0480-00047>>00028-p0000-000149-0480-00049 | July 1876-1877 | Costs of obtaining letters of administration to Mary Jane Simons |
| 00028-p0000-000149-0480-00046 In the Supreme Court of the Colony of Victoria in its Probate jurisdiction Re Brady deceased. Costs of obtaining letters of administration to Mary Jane Simons 00028-p0000-000149-0480-00047 In the Supreme Court of the Colony of Victoria in its Probate jurisdiction costs of obtaining letters of administration to Mary Jane Simons 1876 July Having received letter from Mr Nicholas Simons informing me of the death of Mrs Ellen Cooke, the estate not having been administered. Attending Mr Brown, Mr Fullerton’s clerk to fix conference with him as to what proceedings should be taken under these circumstances when he appointed 4 o clock on this day. Attending Mr Fullerton in conference accordingly when he advised that administrations de bonus/is non should be taken out by Mrs Mary Jane Simons Paid his Fee and clerk Letter to Mr Simons informing him of the result of the conference and postage Instructions to obtain Letters & admin with will annexed to Mary Jane Simons sister of Mr Cooke July 12 (1876) Drawing notice of intention to apply Copy for insertion attending to insert carried forward 00028-p0000-000149-0480-00048 Instructions for affidavit in support of application…Instructions for affidavit promising dux performance of duties… July 16 (1876) Long Letter to Mr N Simons forwarding three affidavits to him fully instructing him to get same sworn before commissioner Paid oaths and exhibits Attending at the office of the Registrar General searching for Will Paid The like attendance at the Equity Officer searching for Caveat Paid… Consent of Nicholas Simons to his wife administering Drawing and engrossing affidavit verifying consent of Nicholas Simons Letter to Mr Simons therewith and paid postage March 1 (1877) Brief to Counsel to move for Letters of admin Brief copy affidavits to counsel Attending him therewith Paid his fee and clerk attending court application made and granted Drawing order for admin Engrossing same Attending to get signed Instructions for affidavit verifying real and personal estate of the deceased… 00028-p0000-000149-0480-00049 More of the same boring |
burrows & co 