Little ~ Wills

Will
of
Mr John Little of Ballarat
Master-in-Equity's Office Melbourne
Filed 18 Mar 90

This is the last Will and Testament
of me John Little of Ballarat in the Colony of Victoria. I appoint the Trustees Executors and Agency Company Limited Executor and Trustee of this my Will and declare that the said Company may execute any of the trusts or powers herein contained by its own officers. I give the gold watch which was my late wife's and also the silver watch I have to my daughter Ada Graves Hughes. I give my gold watch chain and trinkets to my son William Little. I give to my brother Robert Little of Ballarat all my clothing and wearing apparel. Subject as hereinafter appears I give and devise my freehold land in Bridge Street Ballarat East and the brick shop and buildings and other improvements thereon and therein now in the occupation of Messieurs Cocking and Skewes Drapers to my daughter Ada Graves Hughes during the term or her natural life with power to her at any time or times during her life to demise all or any part or parts thereof at rack rent for any term of years not exceeding seven years to take effect in possession. And immediately on the decease of my said daughter Ada Graves Hughes I devise the said freehold land in Bridge Street Ballarat East and the brick shop and buildings and other improvements thereon and therein unto and to the use of my said Trustee and its assigns Upon Trust to sell the same either by public auction or by private contract and with power to make any stipulations as to title or evidence of title or otherwise and to buy in at any public sale and to rescind or vary either on terms or gratuitously any contract for sale and to resell as aforesaid without being answerable for any consequential loss and to stand possessed of the moneys arising from such sale Upon Trust for the children or child (if only one) of my daughter the said Ada Graves Hughes and my son William Little or in case of his decease for the children or child (if only one) of my said son in equal shares who being a son or sons shall attain the age of twenty one years or being daughters or a daughter shall attain that age or marry and in case my daughter Ada Graves Hughes shall die without leaving any children or child who being sons or a son shall attain the age of twenty one years or being daughters or a daughter shall attain that age or marry then Upon Trust for my said son William Little or in case of his decease for the children of my said son who being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry and if more than one in equal shares. All other my real and personal estate and effects whatsoever and wheresoever subject as hereinafter appears I give devise and bequeath to my said son William Little his heirs executors administrators and assigns absolutely and for ever according to the nature and tenure thereof respectively. And I hereby declare and direct that my said Executor notwithstanding my death and the gifts and devises hereinbefore given or made shall be entitled to and shall receive and take the rents issues and profits of all my real estate until the same together with any ready money I may die possessed of or be to my credit with my Bank shall be sufficient to pay satisfy and discharge all my just debts funeral and testamentary expenses and other proper expenses and my said Executor shall in that way and out of that fund pay my just debts funeral and testamentary expenses and other proper expenses. I direct my said Trustee to employ Messieurs Salter and Pinkerton of Ballarat as Solicitors to my estate. In Witness whereof I have hereunto set my hand this twenty sixth day of February One thousand eight hundred and ninety.

Signed by the said John Little the Testator as and for his last Will and Testament by William Anderson by the direction and at the request of the said John Little in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses and we certify that the contents of the said Will were truly read over to the said John Little prior to his execution thereof and he appeared fully to understand the nature and effect thereof.

Eustace H. Coltman
Clerk to Messrs Salter & Pinkerton
Solrs Ballarat

William Anderson
Clerk Messrs Salter & Pinkerton
Solrs Ballarat
(Notes written on the side of the Will)
This is the Will marked "A" produced and shown by me to William Anderson at the time of his swearing his affidavit in the matter of John Little deceased before me this Seventeenth day of March 1890.

(signature obscure)
A Commissioner etc.

This is the paper writing or Will marked "A" produced and shown by me to William Templeton at the time of his swearing his affidavit in the matter of John Little deceased before me this Eighteenth day of March 1890.

(signature obscure)
A Commissioner etc.

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IN THE SUPREME COURT OF THE COLONY OF VICTORIA IN THE PROBATE JURISDICTION.

In the Will of John Little late of Ballarat in the Colony of Victoria Gentleman deceased
before His Honor Mr. Justice Hodges
The Twentieth day of March 1890
Upon motion this day made by Mr. Lorimer Counsel for the Executor named in and appointed by the will of the above-named deceased, and upon reading the several affidavits of William Templeton, Thomas Alexander Parker Clinton, William Anderson and Alfred Nicholas Hopkins all sworn and filed herein.
This Court doth order that Probate of the said will of the above-named deceased by granted to The Trustees of 37 Queen Street Melbourne in the Colony of Victoria the Executor named in and appointed by the said will.
By the Court

(signature obscure)
Master-in-Equity.

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IN THE SUPREME COURT OF THE COLONY OF VICTORIA IN THE PROBATE JURISDICTION

In the Will of John Little late of Ballarat in the Colony of Victoria Gentleman deceased.
Be it known that on the twentieth day of March in the year of our Lord One thousand eight hundred and ninety the Will (a true copy whereof is hereunto annexed) of John Little late of Ballarat in the Colony of Victoria Gentleman deceased who died on the Twenty sixth day of February One thousand eight hundred and ninety and who had at the time of his death, real estate within the jurisdiction, sworn not to exceed in value the sum of six thousand eight hundred pounds and personal estate within the jurisdiction sworn not to exceed in value the sun of seventy five pounds seven shillings and sixpence was proved by The Trustees Executors and Agency Company Limited the executor named therein, William Templeton the Managing Director of the said Company having been first sworn that the said Company would well and truly collect and administer according to law the estate of the said John Little and would exhibit and deposit in the office of the Master-in-Equity a true and perfect inventory of the said estate within three months of the order granting Probate and a true and just account of its administration of the said estate within fifteen months of the said order.
Given at Melbourne this 12th day of June in the year of our Lord One thousand eight hundred and ninety.
Thos Prout Webb
Master in Equity

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FROM THE STATEMENT OF ASSETS AND LIABILITIES

Assets: Real Estate
All that piece of land being part of Allotment One A Section A Township of Ballarat County of Grenville having a frontage of 27 feet 3 inches to Bridge Street by a depth of 165 feet with 2 storey brick shop and dwelling thereon let at 6 pound 5 shillings per week. Assessed at 286 pounds. Value 3900 pounds.

All that piece of land being allotment 3 of Section C County of Grenville Parish of Ballarat having a frontage of 72 feet 7 inches to Clarendon Street by a depth of 165 feet with brick building containing 7 rooms let at 30 shillings per week. Assessed at 68 pounds. Value 1000 pounds.

All that piece of land being part of allotments 1 and 2 Section C County of Grenville Parish of Ballarat having a frontage of 40 feet to Lydiard Street by a depth of 136 feet 4 inches with brick dwelling containing 8 rooms let at 30 shillings per week. Assessed at 42 pounds. Value 950 pounds.

All that piece of land being part of allotments 1 and 2 section C County of Grenville Parish of Ballarat having a frontage of 40 feet to Lydiard Street by a depth of 136 feet 4 inches with brick dwelling containing 8 rooms let at 30 shillings per week. Assessed at 42 pounds. Value 950 pounds.

Together with Personal Estate of Jewellery and sundry small articles.

After liabilities and other expenses, the balance of the estate was six thousand five hundred and seventeen pounds nineteen shillings and one penny.


Last modified 4 Nov 2007