0680

00028-p0002-000033-0680-00000 to:
00028-p0002-000033-0680-00013

NameThomas Bready
Record TypeProbates
Death Date27 Sep. 1855
Death PlaceBendigo
OccupationStonemason
Grant Date18 Mar. 1875
GrantAdministration
Grant RecipientEllen Cooke
Source CitationPublic Record Office Victoria; North Melbourne, Victoria; Victorian Wills, Probate and Administration Records 1841-1925; Series: VPRS 7591
Source informationAncestry.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 75. Public Record Office Victoria, North Melbourne, Victoria.

IN CHRONOLOGICAL ORDER

FILE NAMEDATEWHAT IS IT
Cover page 00028-p0002-000033-0680-00000
and
00028-p0002-000033-0680-00001, 00028-p0002-000033-0680-00002
12 August 1874Affidavit of Thomas Bready.

including copy of will
00028-p0002-000033-0680-00000
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-p0002-000033-0680-00001
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 
-I have carefully enquired if the above named deceased left a will and find upon searching in the office of the Registrar General of the Colony of Victoria a memorial of a document registered on the twenty ninth day of December one thousand eight hundred and fifty five of which the following is a true copy
Copy Will
“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 bequeath 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 their enjoyed conjointly  and equally
In witness whereof I place my name  and seal this third day of September in the year of our Lord, one thousand eight hundred and fifty five in the presence of Daniel Gill
Witness Daniel Gill
Michael Welsh x his mark “
00028-p0002-000033-0680-00002
-That I do not know where the original of the said document is or whether there ever was an original in existence. I having never seen it, nor where the persons purporting to be the witnesses thereto, are living if alive
-that I never knew the man Daniel Gill who purports to be a witness to the said document but I knew the man Michael Welsh and at the time it is alleged he witnessed the said document he was working with me as a mate but he never mentioned to me that he had witnessed any document for my father, and it is now about sixteen years since I last saw him.
-That the reason I have not made application for letters of administration earlier is that my mother the said Bridget Bready was living and receiving the rents of the said property and I had no wish to disturb her in possession of the property.
That my mother the said Bridget Bready departed this ‘life’ on the twenty eighth day of April one thousand eight hundred and seventy four
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

OCTOBER 1874

FILE NAMEDATEWHAT IS IT
00028-p0002-000033-0680-00013
2 October 1874Particulars of the Real Estate of which the deceased was at the time of his death possessed or entitled to and of his personal estate and the value thereof and of the debts due by the deceased
00028-p0002-000033-0680-00013
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
Particulars of the Real Estate of which the deceased was at the time of his death possessed or entitled to and of his personal estate and the value thereof and of the debts due by the deceased

Assets
Real Estate
Real Estate being freehold land situate in Webb Street Fitzroy with a frontage of 70 feet to Webb Street 400 pound

Liabilities
A mortgage to Mr Thomas Rowe of Fitzroy to secure a sum of 90 pound and interest

Personal Estate
Furniture 5 pounds
Total assets 405 pounds
Liabilities 90 pounds
Balance 315 pounds

I certify that the amount chargeable with Duty under the 74th section 315 pounds 22.04.75

This is the statement referred to in the annexed affidavit of Ellen Cooke sworn herein this second day of October in the year of Our Lord One thousand eight hundred and seventy four before me

DECEMBER 1874

FILE NAMEDATEWHAT IS IT
Cover page 00028-p0002-000033-0680-00006
and
00028-p0002-000033-0680-00007,
00028-p0002-000033-0680-00008
24 December 1874Letters of Administration
00028-p0002-000033-0680-00006
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
Copy Order
00028-p0002-000033-0680-00007
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
Thursday the 17th day of December 1874
Before his Honour Mr Justice Molesworth This Matter coming on the 1st day 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 Patrick Dynan, Ellen Casey and James Colgan the affidavit of Ellen Cook, sworn and filed herein read and the vice voce evidence given by and on behalf of the parties and what was alleged by counsel on both sides this court did order that this matter should stand for
00028-p0002-000033-0680-00008
Judgement and this matter standing for judgement this day in the presence of counsel learned for the applicant and caveator this court do the order than 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 12th day of February 1875 or at such other time as it is Honour may be able to try and hear same –
Acting Master
24 December 1874



MARCH 1875

FILE NAMEDATEWHAT IS IT
Cover page 00028-p0002-000033-0680-00003
and 00028-p0002-000033-0680-00004
18 March 1875Letters of Administration
00028-p0002-000033-0680-00003
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
Letters of Administration
00028-p0002-000033-0680-00004
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
Be it known to all men by these presents that on Thursday the Eighteenth day of March in the year of our Lord One thousand eight hundred and seventy five, with the will annexed, Administration of all and singular the Estate goods chattels and effects of Thomas Bready formerly of Sandhurst in the Colony of Victoria Stonemason deceased who departed this life on the twenty seventh day of September one thousand eight hundred and fifty five was and is hereby committed to Ellen Cooke the wife of John Sturgeon Cook the Daughter of the deceased the said Ellen Cooke being first duly sworn that she will well and truly collect and administer the property of the said Thomas Bready deceased so far as the said will extend and the law bind her and that she will exhibit and deposit in the office of the Master in Equity a true and perfect inventory of the Goods Chattels and Credits of the said Thomas Bready deceased within three months of the order for administration and a just and true account of her administration of the said Estate of the said deceased within fifteen months of the said order pursuant to the rules of this honourable court and that she believes
00028-p0002-000033-0680-00005
The Goods Chattels and credits of the said deceased within the Colony of Victoria do not exceed in value four hundred pounds
Dated this Eighteenth day of March in the year of our Lord One thousand eight hundred and seventy five
By the court
-Testator died 27 Sept. 1855 Real Estate – /-/? not to exceed on value 400 pounds no -v-v-v?

FILE NAMEDATEWHAT IS IT
Cover page 00028-p0002-000033-0680-00009
and 00028-p0002-000033-0680-00010, 00028-p0002-000033-0680-00011, 00028-p0002-000033-0680-00012
18 March 1875Order
00028-p0002-000033-0680-00009
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
Order
00028-p0002-000033-0680-00010
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
Thursday the 18th day of March 1875 Before his honour Mr Justice Molesworth upon motion this day made in this matter unto this court by Counsel for the claimant Mrs Ellen Cooke and upon hearing counsel for the Caveator Mr Thomas Bready and upon reading the issue directed herein by his Honour Mr Justice Molesworth and the certificate and the finding of the jury herein by his Honour Mr Justice Molesworth and the certificate and the finding of the jury thereon and upon reading the two affidavits of William Cuddy filed herein on the 13th and 18th day or March Notice of the motion of the said Caveator and the affidavit of James Colgan also filed herein on the 16th day of March 1875 this
00028-p0002-000033-0680-00011
Court doth order that administration with the will of the testator Thomas Bready annexed do issue for the said Ellen Cooke and let the same issue accordingly and this court doth further order that the said Ellen Cooke and the said Caveator Thomas Bready as between themselves that each do abide her and his own costs up to and including the original hearing had before his Honour Mr Justice Molesworth on the 1st day of December last and this court doth further order that the said Caveator Thomas Bready do pay to the said Ellen Cooke tor to Mr William Cuddy her proctor all costs incurred by her consequent thereon and interaction thereto as between party and party since the said original hearing on the 1st day of December last as aforesaid down to and including the costs of this motion and proceedings thereon not including the
00028-p0002-000033-0680-00012
Costs of the said two affidavits of Willam Cuddy filed herein on the 15th and 18th day of March last herein of the referred to and also the costs incurred by her of obtaining and taking out of the said Letters of Administration and let the master proceed to duly tax and ascertain the same accordingly by the court
Acting Master in Equity



FEB 1876

FILE NAMEDATEWHAT IS IT
Cover page
00028-p0002-000051-0240-00000
and
00028-p0002-000051-0240-00001
>> 00028-p0002-000051-0240-00003
21 February 1876Affidavit of Mary Simons verifying the particulars of the Real and Personal Estate of the deceased
00028-p0002-000051-0240-00000
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
Particulars of the Real Estate of which the deceased was at the time of his death possessed or entitled to and of his personal estate and the value thereof and of the debts due by the deceased
Affidavit of Mary Simons verifying the particulars of the Real and Personal Estate of the deceased

00028-p0002-000051-0240-00001
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
Particulars of the Real Estate of which the deceased was at the time of his death possessed or entitled to and of his personal estate and the value thereof and of the debts due by the deceased
I Mary Jane Simons the wife of Nicholas Simons of Percydale in the colony of Victoria Miner Sister of Ellen Cooke deceased (the late wife of John Sturgeon Cook of amherst in the Colony of Victoria Miner) the administratrix of the Estate of my father Thomas Bready late of Bendigo in the Colony aforesaid Stone Mason deceased 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 and of the value thereof and also a true statement of the debts due by the said 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 Avoca in the Colony of Victoria the twenty first day of February One thousand eight hundred and seventy six
Before Me

00028-p0002-000051-0240-00002
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
Particulars of the Real Estate of which the deceased was at the time of his death possessed or entitled to and of his personal estate and the value thereof and of the debts due by the deceased
Assets
Real Estate
Freehold land situate in Webb Street Fitzroy with a frontage of 70 feet on which is erected a 4 roomed brick house 400 pounds

Liabilities A mortgage to Mr Thomas Rowe of Fitzroy to secure a sum of 90 pounds and interest
Total Liabilities 90 pounds

Personal Estate
Furniture 5 pounds
Total assets 405 pounds
Liabilities 90 pounds
Balance 315 pounds

This is the exhibit marked A referred to in the annexed affidavit of Mary Jane Simons sworn on the twenty first day of February 1876 before me
A commissioner of the Supreme Court of Victoria for taking affidavits

00028-p0002-000051-0240-00003
I certify amount chargeable with duty under xx section 315 pounds

MARCH 1876

FILE NAMEDATEWHAT IS IT
Cover page
00028-p0002-000051-0240-00004
and
00028-p0002-000051-0240-00005
2 March 1876Order
00028-p0002-000051-0240-00004
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
Order
00028-p0002-000051-0240-00005
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
2nd March 1876
Upon reading the several affidavits of Mary Jane Simons and John Seymour Wright sworn and filed herein and upon hearing Mr Fullerton of counsel for the said Mary Jane Simons it is ordered that letters of administration (derbonis? now) with will annexed of the Estate of Thomas Bready late of Bendigo in the Colony of Victoria Stonemason deceased be committed to the said Mary Jane Simons the wife of Nicholas Simons of Percydale in the colony aforesaid and a daughter of the said deceased.
FILE NAMEDATEWHAT IS IT
00028-p0002-000051-0240-00006
and
00028-p0002-000051-0240-00007
2 March 1876Letters of Administration with the will annexed.

00028-p0002-000051-0240-00006
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
Letters of Administration with the will annexed.
00028-p0002-000051-0240-00007
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
Be it known to all present that on Thursday the second day of March One thousand eight hundred and seventy six administration de bons non (?) with will annexed of all and singular the Estate goods chattels and effects of Thomas Bready formerly of Sandhurst in the Colony of Victoria stonemason deceased who departed this life on the 27th day of  September  one thousand eight hundred and fifty five was and is hereby committed to Mary Jane Simons the daughter of the said deceased being first duly sworn that she will well and truly collect and administer the property of the said Thomas Bready deceased so far as the same will extend and the law finds here and that she will exhibit and deposit in the office of the Master of Equity a true and perfect Inventory of the goods chattels and credits of the said Thomas Bready deceased within three months of the order for Administration and a just and true account of here.
00028-p0002-000051-0240-00008
Administration of the said Estate of the said deceased within fifteen months of the said order pursuant to the rules of this Honourable Court and that she believes the goods chattels and credits of the said deceased within the Colony of Victoria do not exceed in value four hundred pounds
Dated this 2nd day of March 1876