Amy Louisa Crouch

F, #2161, b. 18 Oct 1861, d. 21 Dec 1948
Father*Thomas James Crouch b. 20 Dec 1832, d. 4 Dec 1889
Mother*Mary Emma Bloor Turner b. 20 Jul 1835, d. 12 Oct 1904
Birth*18 Oct 1861 St Kilda, VIC, Australia, #B18824.1 
Birth-Notice*19 Oct 1861CROUCH.—On the 18th inst., at St. Kilda, Mrs. T. J. Crouch of a daughter.2 
Death*21 Dec 1948 North Brighton, VIC, Australia, #D889/1949 (age 86) - as CROUCH.3 
Death-Notice*22 Dec 1948CROUCH.—On December 21, at private hospital, North Brighton, Amy Louisa, dearly beloved sister of Florence (Mrs. Elms), and Ella Crouch, aged 86 years. —Passed peacefully away.
CROUCH. — The Funeral of the late Miss AMY LOUISA CROUCH will leave the chapel of R. McKenzie, 170 Koornang road, Carnegie, THIS DAY (Wednesday), after a service commencing at 1.45 p.m., for the Springvale Crematorium.4 

Citations

  1. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888 "#B18824."
  2. [S11] Newspaper - Argus 19 Oct 1861, p4.
  3. [S5] Registry of Births Deaths and Marriages Death Index Victoria 1921-1985.
  4. [S11] Newspaper - Argus 22 Dec 1948, p11.
Last Edited5 Jun 2016

Mary Emma 'Minnie' Crouch

F, #2162, b. 26 Jun 1859, d. 20 Oct 1867
Father*Thomas James Crouch b. 20 Dec 1832, d. 4 Dec 1889
Mother*Mary Emma Bloor Turner b. 20 Jul 1835, d. 12 Oct 1904
Birth*26 Jun 1859 Melbourne, VIC, Australia, #B11429.1 
Birth-Notice*28 Jun 1859On the 26th inst., at her residence, Barkly-street, St. Kilda, Mrs. T. J. Crouch, of a daughter.2 
Death*20 Oct 1867 St Kilda, VIC, Australia, #D11546 (Age 8.)3 
Death-Notice*26 Oct 1867CROUCH.—On the 20th inst., at St. Kilda, Minnie, the second daughter of T. J. Crouch.4 

Grave

  • Plot 0592-0597, St Kilda Cemetery, St Kilda, VIC, Australia, Family Grave of Crouch family. Leila Harcourt CROUCH 29.3.1865 Age 2 ; Mary Emma CROUCH 20.10.1867 Age 8 ; T. Leslie Lyttelton CROUCH 21.2.1883 Age 7 ; Estelle, wife of C. Stanton CROUCH 27.10.1907 Age 33 ; Ernest William Marston CROUCH 1.5.1919 Age 53 ; Thomas J. CROUCH 4.12.1889 Age 56 ; also his wife Mary Emma Bloor CROUCH 12.10.1904 Age 69 ; Anne TURNER, widow of the Rev. Nathaniel TURNER, pioneer Wesleyan Missionary to Australasia 10.10.1893 Age 95 ; also her daughter Hannah Jane TURNER 23.3.1907 Age ; Annie Rebecca, wife of R.W.G. SHOOBRIDGE 25.8.1888 Age 395,6

Citations

  1. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888 "#B11429."
  2. [S11] Newspaper - Argus 28 Jun 1859, p4.
  3. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888.
  4. [S14] Newspaper - The Telegraph, St Kilda, Prahran and South Yarra Guardian (Vic), 26 Oct 1867, p2.
  5. [S48] Index of burials in the cemetery of St Kilda,
    0592-0597 buried with the Crouch family.
  6. [S20] Various indexed records of GSV - Genealogical Society Victoria "Members Online resources: St Kilda Cemetery Transcriptions."
Last Edited30 May 2016

Ada Emily Rothwell Crouch

F, #2163, b. 1858, d. 14 Nov 1942
Father*Thomas James Crouch b. 20 Dec 1832, d. 4 Dec 1889
Mother*Mary Emma Bloor Turner b. 20 Jul 1835, d. 12 Oct 1904
Married NameEggleston.1 
Birth*1858 St Kilda, VIC, Australia, #B5631.2 
Marriage*20 Dec 1887 Spouse: John Waterhouse Eggleston. Euston, St Kilda, VIC, Australia, #M6229.1
 
Marriage-Notice*4 Jan 1888EGGLESTON —CROUCH. —On the 20th ult., at Euston, St. Kilda, by the Rev. John Harcourt, assisted by the Rev. Chas. Lancaster, John Waterhouse Eggleston to Ada Emily Rothwell, eldest daughter of T. J. Crouch. No cards.3 
Widow17 Oct 1912Ada Emily Rothwell Crouch became a widow upon the death of her husband John Waterhouse Eggleston.4 
Land-UBeac*19 Nov 1925 PAK-60 l/p 1137 (Lot 36 part). Transfer from Frederick John Cato to Ada Emily Rothwell Eggleston. 6a 3r 23p.5 
Land-UBeac*19 Nov 1925 PAK-60 l/p 1137 (Lot 36 part). Transfer from Ada Emily Rothwell Crouch to Arthur Joseph Day. 6a 3r 23p.6 
Death*14 Nov 1942 Malvern, VIC, Australia, #D13253 (Age 85) - as EGGLESTON.7 
Death-Notice*21 Nov 1942EGGLESTON.-On November 14, at a private hospital, Ada E. R. Eggleston, beloved wife of the late J. W. Eggleston, aged 84 years. -Peacefully sleeping.8 

Electoral Rolls (Australia) and Census (UK/IRL)

DateAddressOccupation and other people at same address
192435 Manning Road, Malvern, VIC, Australia9

Citations

  1. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888.
  2. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888 "#B5631."
  3. [S11] Newspaper - Argus 4 Jan 1888, p1.
  4. [S3] Registry of Births Deaths and Marriages Edwardian Index Victoria 1902-1913.
  5. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 3673-408 - Ada Emily Rothwell Eggleston of Manning Road East Malvern Widow.
  6. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 3673-408 - Arthur Joseph Day the younger of 12 Collins Street Melbourne Medical Practitioner.
  7. [S5] Registry of Births Deaths and Marriages Death Index Victoria 1921-1985.
  8. [S11] Newspaper - Argus 21 Nov 1942, p2.
  9. [S101] Electoral Roll for Australia, 1903 - 1980.
Last Edited9 Apr 2016

Eli Harris

M, #2164, b. 1852
Eli HARRIS
Birth*1852 Somerset, England. 
Marriage*1883 Spouse: Bessie Clark. VIC, Australia, #M1359.1
 
Land-UBeac*22 Apr 1885 PAK-235. Transfer from Mathilde Sophie Woess to Eli Harris. 19a 2r 34p.2 
Prisoner*3 Feb 1896He was imprisoned Prisoner No. 27356 - sentenced to 2 years Hard Labour - released 19 Aug 1897 on 3 Feb 1896.3 

Newspaper-Articles

  • 21 Jan 1896, WHOLESALE ROBBERIES. THREE CARTLOADS RECOVERED. BERWICK, SATURDAY.
    Eli Harris was arrested to day by Mounted constable Roberts as the perpetrator of a series of robberies committed in this district, extending over a period of more than 12 months. The man had been suspected for some time, but nothing transpired which warranted the searching of his house. Yesterday, however, while attending Mr Findulater's sale, Constable Roberts noticed that Harris was wearing a pair of patent shoes which answered the description of a pair stolen, with other articles from Mr Crouch, at Beaconsfield. On proceeding to Harris's house, which is situated in the bush between Officer and Upper Beaconsfield, goods od all descriptions, consisting of furniture, house linen, grocery, cutlery, pictures, a dress suit, jewellery, and tools of all sorts were found packed away, and nearly all the goods missed during the period above mentioned were recovered. No fewer than three cartloads were brought to the Berwick police station, where they now lie awaiting identification.
    Harris was yesterday brought before the City Police Court und remanded for a week.4
  • 29 Jan 1896, The Beaconsfield Robberies.
    The Beaconsfield robberies, as we anticipated last week, have developed into no less than ten separate charges against Eli Harris, whilst an additional three are preferred against his wife. The police paid a visit to Harris' house on Thursday last, when a lot of valuable evidence was collected. The sheeting identified by Mrs. Smith as her property, and which was recovered from accused's house, had previously been marked. When the police got possession a neat parcel was found in the house containing the clippings from the sheets, on which was the Smith monogram. In fact, the mass of evidence that has accumulated is almost beyond credence. Constable Roberts has been besieged with visitors during the week, and anyone in the district who has lost any thing in the shape of household goods, lately, will have a very good chance of recovering it from amongst the olla pod rida stored at the Berwick courthouse.
    We append a LIST OF ROBBERIES.
    Francis Ryan's house was looted 18 months ago, there being removed a duchesse table, movable top washstand, pigskin riding saddle, floor cramp, axe, augur, &c. valued at £15.
    In March 1895, Mrs. Mary Crouch, of "Fassifern" Upper Beaconsfield, suffered the loss of cutlery, blankets, sheets, counterpanes, bedding, scales, washing machine, saucepans, &c., valued at £30. A fortnight later, a second visit was paid by thieves, who further removed a dress suit; the property of Herbert Crouch, valued at £12, a Gladstone bag, gold pins, studs, dress shirts, pyjamas, sheets and blankets, valued at £30.
    Mrs. Mary Smith, wife of Dr. L. L. Smith, received visits from robbers no less than four times, commencing in July 1895. The total value of goods stolen was £50, and comprised: —Furniture, pictures, blankets, bedding, dinner set, ornaments, pump, fender and fire irons, saucepans, carpet, flat irons, baths, tubs, and other articles.
    Mrs. Flanagan, of Richmond, who has a country residence at Upper Beaconsfield lost in November, 1895;-Door from wardrobe, 400 gal. tank, iron piping, aneroid, shovels, forks, &c. A sledge had evidently been used in the removal of the tank as tracks were discovered outside of Mrs. Flanagan's gate.
    F. Harris' store, Officer, was entered on the night of the 13th November, 1895, and the proprietor lost sugar, rice, tobacco, cigarettes, pills, combs &c. valued at £5.
    Wm. Grieve is a builder at Beaconsfield and his wife keeps a store. In November 1895, it is alleged that Harris called at the store, where he was served by a lad. A bunch of keys, one of which would open the builder's shop, were missed shortly after Harris left, and a similar one found in accused's possession. The builders' shop was robbed of paint, sheet iron, T hinges, colonial oven (the property of the Rev. Webb, of Armadale, which has been twice stolen), rope, tin of ironmongery, and a crowbar. . ''
    In addition to the above, which have been identified, the police have also in their possession the following goods, for which owners are awaited:-Clothes wringer, stewpan, nickel-plated garden syringe and sprayer (new), workbox, lady's silver watch, gold seal, silver snake bangle, silver watch chain, lady's new night dress, richly embroidered, large box of carpenter's tools, box of jewellery, lady's Indian silk dress and jacket, cambric handkerchief with " Ever thine " in colored letters and flowers; linen handkerchief with a large "C" in corner, coffee mill, lady's chemise, marked "S.W." glass epergue, pink lustres, gold pendant earring and brooch with doves, the dove on the brooch holding in its beak a tablet on which are the words "Forget-me-not," mail bag, coils of flexible wire used in connection with telegraph instruments, small compass, double magnifying glass, and a host of other articles.
    Harris and his wife were brought up at the Berwick police court to-day. Inspector Smyth prosecuted on behalf of the Crown, but the prisoners were undefended. The cases had not been completed when the court adjourned for the day. Harris, who pleaded not guilty, said his wife had no connection with the robberies, and she was discharged. Harris was committed for trial on four charges, and the remainder of the cases will be heard to-morrow (Thursday).5
  • 31 Jan 1896, BERWICK, TUESDAY. — At the Berwick Court of Petty Sessions held on Wednesday, before Mr Cresswell, PM, and Messrs J. Gibb, E. Greaves and Jas Wilson, JPs.
    Eli Harris and his wife appeared to answer 10 separate charges of burglary, house-breaking and larceny, particulars of which appeared in The Argus on the 21st inst. Harris's defence was that he had bought all the goods at the Dandenong market or in Melbourne. The court was crowded and the case lasted two days. Mrs Harris was acquitted in every case but Harris was com mitted for trial on eight of the charges the remaining two being withdrawn.6
  • 7 Feb 1896, RECEIVING STOLEN PROPERTY. LARGE AND MISCELLANEOUS COLLECTION.
    At the Melbourne General Sessions before Judge Gaunt, yesterday a middle-aged man named Eli Harris, a market gardener, residing at Officer, in the Dandenong Ranges, was charged with receiving stolen property. The property comprised a miscellaneous collection, and gave the Criminal Court the appearance of an auction-room. Mr Finlayson, the Crown prosecutor, stated that at the end of last year several houses in the district were broken into and property of the value of about £100 stolen, but the police were unable to find a clue to the thief or thieves. On the 18th of January Constable Roberts saw the accused at the Dandenong market wearing a pair of patent leather dress shoes, and remembering that a similar pair had been stolen from a house of a Mr Crouch he went to the prisoner's house and found it packed with stolen property. Everything from a coil of wire to sets of marble statuary was found on the premises.
    The prisoner, who stated that he bought most of the property, was found guilty of receiving, and remanded for sentence.7
  • 12 Feb 1896, The Beaconsfield Robberies. At the Criminal Sessions in Melbourne on Thursday, before Judge Gaunt, Eli Harris, was placed on his trial for the robberies committed at Beaconsfield, the details of which we published in a former issue.
    The evidence against the accused, who was undefended, was a recapitulation of that given in the Berwick police court.
    Harris addressed the jury for over half-an-hour. He maintained that he purchased the wire from Chandler and the furniture from Davidson, of Melbourne. With regard to Crouch's robbery, his explanation was that on one occasion, when driving home, he met two diggers, from whom he purchased the articles in a bag for L5. He did not see the contents of the bag before purchasing. He accounted for the possession of the carpenter's "dog" from the fact that when going home one night, he discovered it lying on the road. When returning from the Dandenong market on another occasion he said that he met two village settlers, from whom he bought some pictures and towels (found in accused's house), for L2. Some of the linen goods he purchased at Mr Richard's shop in Melbourne. Accused tried to impress on the witness Chandler the fact of his visit to witness' shop by stating that Chandler had given him some cigars, which subsequently made him sick, Chandler denied giving the cigars, and Davidson swore that he did not sell to Harris a Duchesse table.
    Judge Gaunt, in addressing the jury, paid Constable Roberts a high compliment on his astuteness in discovering the author of the robberies from such meagre shreds of evidence as a pair of patent leather shoes. Constable Roberts was clearly the right man in the right place. If the prisoner's state ments were true, Harris was the victim of a most peculiar run of coincidence. The robberies had been going on for some time, and were spoken of in the district, and it was impossible for a man to accumulate so much stolen property in Beaconsfield without knowing it to be such. Every where Harris went, he either fell over stolen property or made a purchase of some from a hawker. The defence was a stupid one.
    The jury found the prisoner guilty, and he was remanded for sentence.8

Citations

  1. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888 "#M1359."
  2. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1150-925 - Eli Harris of Noone Street Clifton Hill Farmer - C/T 1685-870.
  3. [S34] PROV (Public Records Office Victoria), VPRS515 Prison Record 27356.
  4. [S11] Newspaper - Argus 21 Jan 1896 p6.
  5. [S12] Newspaper - South Bourke and Mornington Journal 29 Jan 1896, p3.
  6. [S11] Newspaper - Argus 31 Jan 1896 p6.
  7. [S11] Newspaper - Argus 7 Feb 1896 p3.
  8. [S12] Newspaper - South Bourke and Mornington Journal 12 Feb 1896, p3.
Last Edited9 Sep 2019

Rev Alfred Jolly

M, #2167, b. 26 Apr 1861, d. 25 Aug 1925
Birth*26 Apr 1861 Kooringa, SA, Australia.1 
Marriage*2 Nov 1887 Spouse: Lucy Clifton Crouch. Wesleyan Church, Balaclava, VIC, Australia, #M6228.1
 
Marriage-Notice*15 Nov 1887JOLLY-CROUCH - On the 2nd inst , at the Wesleyan Church, Balaclava by the Rev John Harcourt, assisted by the Rev Chas Lancaster, the Rev Alfred Jolly to Lucy Clifton, third surviving daughter ot T J Crouch.2 
Death*25 Aug 1925 Wellington, New Zealand, #D5808 (Age 64.)3,4 
Death-Notice26 Aug 1925JOLLY.—Oh the 25th August, 1925, Alfred, dearly loved husband of Lucy Clifton Jolly. Funeral will leave his late residence, 24, Glasgow street, Kelburn, at 11 a.m. on Thursday.5 
Death-Notice*28 Aug 1925JOLLY. -On the 25th August, 1925 at Wellington, Alfred Jolly, general manager National Bank of New Zealand, beloved husband of Lucy (nee Crouch), father of Dr Doris Gordon, brother of Rev Frank Jolly (Newport), Chas. Jolly (Sydney), H Jolly (Kew), Mrs W Waters (Gardenvale), Mrs F. Quick (Murrayside, Cobram), aged 64 years.3 

Citations

  1. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888 "#M6228."
  2. [S11] Newspaper - Argus 15 Nov 1887 p1.
  3. [S11] Newspaper - Argus 28 Aug 1925, p1.
  4. [S10] New Zealand Government Birth, Death & Marriage Indexes.
  5. [S14] Newspaper - Evening Post (New Zealand), 26 Aug 1925, p1.
Last Edited10 Jun 2016

Thomas James Crouch

M, #2168, b. 22 Oct 1805, d. 11 Jun 1890
Birth*22 Oct 1805 London, England. [par James CROUCH & Sarah MARSTON]1 
Marriage*28 Feb 1832 Spouse: Sarah Rothwell. St David's Cathedral, Hobart, TAS, Australia.1
Widower16 Jan 1876Thomas James Crouch became a widower upon the death of his wife Sarah Rothwell.1,2 
Note* Obit: see http://eprints.utas.edu.au/6414/1/2404_q81.pdf. 
Death*11 Jun 1890 Collins Street, Hobart, TAS, Australia, (Age 84) Cause of death: Senile Decay, Cardiac Failure.1,2 

Family

Sarah Rothwell b. 7 Jan 1807, d. 16 Jan 1876
Children 1.Thomas James Crouch+ b. 20 Dec 1832, d. 4 Dec 1889
 2.George Stanton Crouch b. 1 May 1834, d. 11 Jun 1914
 3.Sarah Rothwell Crouch b. 14 Dec 1835, d. 15 Jan 1843
 4.John Marston Crouch b. 26 Nov 1837, d. 1 Feb 1854
 5.Mary Ann Crouch+ b. 5 Nov 1839, d. 21 Oct 1916
 6.James Rothwell Crouch b. 22 Jan 1843, d. 11 Dec 1848
 7.Annie Rebecca Crouch b. 12 Mar 1849, d. 25 Aug 1888

Newspaper-Articles

  • 31 May 1890, Mr. Thomas James Crouch, father of the Temperance Alliance in Tasmania, died suddenly on Thursday night. He was a Freeman of the City of London, and in 1836 was appointed under-Sheriff of Tasmania, retiring in 1868 on pension. During his official career he took part in the capture of the celebrated bushranger, Martin Cash. He worked long and zealously in the temperance cause, and was one of the originators of the Hobart Benevolent Society. The deceased gentleman was 85 years old at the time of his death. One of his sons (the late Mr. T. J. Crouch, jun.) was for many years a prominent architect in Melbourne, and in conjunction with his partner (the late Mr. Ralph Wilson) won the first award for a competitive design for the General Post-Office in that city. Other sons are in business in Hobart, while of the daughters, one married the Rev. R. S. Casely, of Adelaide, and another the Rev. J. Q. Turner.3

Australian Dictionary of Biography

CROUCH, THOMAS JAMES (1805-1890), under-sheriff, was born on 22 October 1805 in London, the eldest son of James Crouch of Hertfordshire and his wife Sarah, née Marston, of Shropshire. His parents had moved to London before their marriage in 1804 at St George's, Hanover Square, and his father was, among other business projects, proprietor of public baths in Cannon Street. Thomas's education at various small city schools was interrupted by ill health and convalescence at Worthing and Barmouth, and he later became clerk to a barrister at Lincoln's Inn. He was friendly with Dudley Fereday, who was appointed sheriff of Van Diemen's Land. Crouch agreed to become his clerk and arrived at Hobart Town in the Phoenix in January 1825. He was a successful clerk in various commissariat offices, specializing in legal matters until he was appointed under-sheriff in 1836; he held the post until he retired on a pension in 1868.
On 28 February 1832 at St David's Cathedral Crouch married Sarah Rothwell, from Limehouse, London, whom he had met when she passed through Hobart as governess to the family of Rev. Joseph Orton. The Crouch family had been Anglican but in 1826 Thomas had become attached to the Wesleyan Methodists and was an active Sunday school teacher. Sarah was also a Wesleyan but their cottage became the lodgings of the missionaries James Backhouse and George Washington Walker, and she adopted Quaker manners and attended their meetings. Crouch helped to initiate the schools of the Hobart Wesleyan circuit and was a trustee of the Melville Street Church for fifty-eight years. With James Bonwick and G. W. Walker he organized the first local temperance society in 1833 and in 1843 signed the pledge. He was a prominent founder of the Tasmanian Temperance Alliance and chaired its 34th annual meeting on the evening of his death on 28 May 1890. He was also a founder of the Hobart Town Benevolent Society in 1860, a committee member for thirty years and its secretary for seventeen years. For many his greatest claim to fame was his part in the recognition and capture of Martin Cash in Hobart in 1843.
Crouch's wife, after seven years of paralysis, died on 16 January 1876 in her seventieth year. She remained loyal to the Society of Friends and was buried in their ground at Providence Valley. Sarah had shared in her husband's religious and temperance activities, organized a female petition for a Maine Liquor Law in the colony and another to forestall Sunday licensing, and served on the committees of the Maternal and Dorcas Society and of various societies such as the Van Diemen's Land Asylum for the Protection of Destitute and Unfortunate Females, which Walker had promoted in 1848. She was one of the Ladies Visiting Committee which each week inspected female paupers at New Town, Cascades and the Brickfields, and was reputed to have kept her own dispensary where she gave medicines to the needy. Perhaps her greatest contribution to the welfare of Hobart poor was her Servants' Home in High Street, which only closed in her final illness.
Crouch and his wife had at least eight children, most of whom died in childhood. One daughter, Mary, was married to Robert S. Caseley, Wesleyan minister in South Australia in 1863, and another, Ann, to Robert Shoobridge in 1871. The eldest son, Thomas James, became an architect, designing among other work the General Post Office in Melbourne; there he died on 4 December 1889. The second son, George Stanton (b. 1 May 1834), was educated like his brother at Bonwick's and Hutchins Schools and died at his home on 11 June 1914.4

Citations

  1. [S55] Adb online, online http://adbonline.anu.edu.au/adbonline.htm, http://adbonline.anu.edu.au/biogs/A030468b.htm
  2. [S64] Archives Office of Tasmania. BDM Index Tasmania.
  3. [S14] Newspaper - Advertiser (Adelaide), 31 May 1890, p5.
  4. [S55] Adb online, online http://adbonline.anu.edu.au/adbonline.htm, http://adbonline.anu.edu.au/biogs/A030468b.htm
    Select Bibliography: Tasmanian Tribune, 18 Jan 1876; Mercury (Hobart), 5 Dec 1889, 31 May 1890, 12 June 1914; T. J. Crouch, Personal Biography, 1880 (microfilm, Archives Office of Tasmania).

    Author: Peter Bolger

    Print Publication Details: Peter Bolger, 'Crouch, Thomas James (1805 - 1890)', Australian Dictionary of Biography, Volume 3, Melbourne University Press, 1969, pp 500-501.
Last Edited24 May 2016

Sarah Rothwell

F, #2169, b. 7 Jan 1807, d. 16 Jan 1876
Note* Photograph: http://eprints.utas.edu.au/7214/1/SarahCrouch5.jpg.1 
Married NameCrouch. 
Birth*7 Jan 1807 Holborn, London, England.2 
Marriage*28 Feb 1832 Spouse: Thomas James Crouch. St David's Cathedral, Hobart, TAS, Australia.2
Death*16 Jan 1876 Argyle Street, Hobart, TAS, Australia, (Age 69) Cause of death: Apoplexy, Cerebral Softening.2,3 

Family

Thomas James Crouch b. 22 Oct 1805, d. 11 Jun 1890
Children 1.Thomas James Crouch+ b. 20 Dec 1832, d. 4 Dec 1889
 2.George Stanton Crouch b. 1 May 1834, d. 11 Jun 1914
 3.Sarah Rothwell Crouch b. 14 Dec 1835, d. 15 Jan 1843
 4.John Marston Crouch b. 26 Nov 1837, d. 1 Feb 1854
 5.Mary Ann Crouch+ b. 5 Nov 1839, d. 21 Oct 1916
 6.James Rothwell Crouch b. 22 Jan 1843, d. 11 Dec 1848
 7.Annie Rebecca Crouch b. 12 Mar 1849, d. 25 Aug 1888

Citations

  1. [S50] Miscellaneous Source, http://eprints.utas.edu.au/7214/1/SarahCrouch5.jpg (copyright).
  2. [S55] Adb online, online http://adbonline.anu.edu.au/adbonline.htm, http://adbonline.anu.edu.au/biogs/A030468b.htm
  3. [S64] Archives Office of Tasmania. BDM Index Tasmania.
Last Edited24 May 2016

George Stanton Crouch

M, #2170, b. 1 May 1834, d. 11 Jun 1914
Father*Thomas James Crouch b. 22 Oct 1805, d. 11 Jun 1890
Mother*Sarah Rothwell b. 7 Jan 1807, d. 16 Jan 1876
Birth*1 May 1834 Hobart, TAS, Australia.1 
Death*11 Jun 1914 Hobart, TAS, Australia.1 

Australian Dictionary of Biography

The second son, George Stanton (b. 1 May 1834), was educated like his brother at Bonwick's and Hutchins Schools. They were active in Wesleyan Sabbath school and temperance work at St Kilda after failing at the diggings. George was a farmer at Kangaroo Valley, near Hobart, from 1854 until 1863 when he sailed with his wife for New Zealand. His job at Invercargill as clerk and book-keeper at the Southland News ended in 1870 when he became part-owner of both it and its rival, the Southland Times. In these years he advocated total abstinence and was a prominent Wesleyan. He returned to Hobart in 1871 and ran an auctioneer's salesroom until 1905. In 1883 he was elected alderman of the City of Hobart and served for twelve years, being mayor in 1892, but was prevented from becoming a justice of the peace by his Quaker-like refusal to take the oath. He gained ambivalent repute as the 'Teetotal Mayor' and startled Saturday night revellers by regular inspections of public houses, always with a police bodyguard.
He was associated with several commercial enterprises that were also partly philanthropic; chairman of the Tasmanian Mutual Trustees, Executors and Agency Co. Ltd, the Coffee Palace which became the Imperial Temperance Hotel, the Hobart Mutual Building Society and the Agricultural and Pastoral Society which in 1874 began annual show days at Elwick. He was senior circuit steward of the Wesleyan Church in 1871 and a deacon of the Memorial Congregational Church in 1886. In 1871 he joined the committee of the Hobart Town Benevolent Society, became its honorary secretary in 1882 and its treasurer for over twenty years. He represented Tasmania at early meetings of the Australasian Charity Organization Society in Melbourne in 1890 and 1892 and read papers written by himself and by Lady Teresa Hamilton, the wife of the governor of Tasmania.
Crouch published his reminiscences in the Hobart Critic in 1912 and died at his home on 11 June 1914. He had married the organist at the Wesley Centenary Chapel in 1861; she died in 1880, survived by a son and three daughters.1
Last Edited24 May 2016

Sarah Rothwell Crouch

F, #2171, b. 14 Dec 1835, d. 15 Jan 1843
Father*Thomas James Crouch b. 22 Oct 1805, d. 11 Jun 1890
Mother*Sarah Rothwell b. 7 Jan 1807, d. 16 Jan 1876
Birth*14 Dec 1835 Hobart, TAS, Australia.1 
Death*15 Jan 1843 Hobart, TAS, Australia, (Age 7) Cause of death: Scarlet Fever.1 

Citations

  1. [S64] Archives Office of Tasmania. BDM Index Tasmania.
Last Edited24 May 2016

John Marston Crouch

M, #2172, b. 26 Nov 1837, d. 1 Feb 1854
Father*Thomas James Crouch b. 22 Oct 1805, d. 11 Jun 1890
Mother*Sarah Rothwell b. 7 Jan 1807, d. 16 Jan 1876
Birth*26 Nov 1837 Hobart, TAS, Australia.1 
Death*1 Feb 1854 Hobart, TAS, Australia, (Age 16) Cause of death: Disease of the heart.2 

Citations

  1. [S64] Archives Office of Tasmania. BDM Index Tasmania.
  2. [S64] Archives Office of Tasmania. BDM Index Tasmania "RGD35/1/4 no 839."
Last Edited24 May 2016

Mary Ann Crouch

F, #2173, b. 5 Nov 1839, d. 21 Oct 1916
Father*Thomas James Crouch b. 22 Oct 1805, d. 11 Jun 1890
Mother*Sarah Rothwell b. 7 Jan 1807, d. 16 Jan 1876
Married NameCasely. 
Birth*5 Nov 1839 Hobart, TAS, Australia.1 
Marriage*8 Apr 1863 Spouse: Rev Robert Smith Casely. Hobart, TAS, Australia.2
 
Widow23 Aug 1912Mary Ann Crouch became a widow upon the death of her husband Rev Robert Smith Casely.3,4 
Death*21 Oct 1916 Budleigh, Norwood-parade, SA, Australia, #D3405/230.5,4 
Death-Notice*25 Oct 1916CASELY. -On October 21 (suddenly), at her residence, Budleigh, Norwood-parade, South Australia, Mary Ann (nee Crouch), widow of Rev. R. S. Casely.5 

Citations

  1. [S64] Archives Office of Tasmania. BDM Index Tasmania.
  2. [S55] Adb online, online http://adbonline.anu.edu.au/adbonline.htm, http://adbonline.anu.edu.au/biogs/A030468b.htm
  3. [S14] Newspaper - The Register (Adelaide) 29 Aug 1912, p3.
  4. [S63] South Australian Government. BDM Index South Australia.
  5. [S14] Newspaper - The Mercury (Hobart), 25 Oct 1916, p1.
Last Edited23 May 2016

Annie Rebecca Crouch

F, #2174, b. 12 Mar 1849, d. 25 Aug 1888
Father*Thomas James Crouch b. 22 Oct 1805, d. 11 Jun 1890
Mother*Sarah Rothwell b. 7 Jan 1807, d. 16 Jan 1876
Note* Ann Rebecca Crouch, sketcher, was one of at least eight children of Thomas James Crouch, a prominent Wesleyan temperance advocate, and his Quaker convert wife Sarah, née Rothwell, who had been a governess before her marriage in 1832. One of Annie's brothers, Thomas James Crouch (1833 89), became a partner in the well-known Melbourne architectural firm of Crouch & Wilson. Her parents' portraits were sketched in 1848 by J. Harrison, who may have given Annie drawing lessons.
Annie Crouch drew crude pencil and watercolour views of Hobart Town in the early 1860s: a watercolour view of a somewhat precipitously located town (1863) and an undated pencil sketch of Thims Cottage, the Residence of T.J. Crouch Esq. from Burnett Street (both Tasmanian Museum and Art Gallery) are examples. The family's impressive two-storey Gothic Revival home appears in the distance in the latter, while the distinctly unpicturesque foreground features yard, fence and goat. A 'crayon' (pastel?) drawing The Ferry was sent to the 1866 Melbourne Intercolonial Exhibition by her mother. Annie Crouch married R.W.G. Shoobridge in 1871.1 
Married NameShoobridge. 
Birth*12 Mar 1849 Hobart, TAS, Australia.2 
Marriage*7 Dec 1871 Spouse: Robert Wilkins Giblin Shoobridge. Hobart, TAS, Australia.3
 
Death*25 Aug 1888 Euston, St Kilda, VIC, Australia, #D11525 (Age 39.)4 
Death-Notice*27 Aug 1888SHOOBRIDGE.—On the 25th inst., at the residence of her brother, T. J. Crouch, Euston, St. Kilda, Annie Rebecca, wife of R. W. G. Shoobridge, of Tasmania, aged 39 years.5 

Grave

  • Plot 0592-0597, St Kilda Cemetery, St Kilda, VIC, Australia, Family Grave of Crouch family. Leila Harcourt CROUCH 29.3.1865 Age 2 ; Mary Emma CROUCH 20.10.1867 Age 8 ; T. Leslie Lyttelton CROUCH 21.2.1883 Age 7 ; Estelle, wife of C. Stanton CROUCH 27.10.1907 Age 33 ; Ernest William Marston CROUCH 1.5.1919 Age 53 ; Thomas J. CROUCH 4.12.1889 Age 56 ; also his wife Mary Emma Bloor CROUCH 12.10.1904 Age 69 ; Anne TURNER, widow of the Rev. Nathaniel TURNER, pioneer Wesleyan Missionary to Australasia 10.10.1893 Age 95 ; also her daughter Hannah Jane TURNER 23.3.1907 Age ; Annie Rebecca, wife of R.W.G. SHOOBRIDGE 25.8.1888 Age 396,7

Citations

  1. [S50] Miscellaneous Source, http://www.daao.org.au/main/read/2026
    * Title: Thims Cottage, the Residence of T.J. Crouch Esq. from Burnett Street
    * Title: views of Hobart Town
    Date: c. 1860
    * Title: [watercolour view of a somewhat precipitously located town]
    Date: 1863
    * Title: The Ferry
    Date: c. 1866
    * Title: Melbourne Intercolonial Exhibition
    Date: 1866
    Place: Melbourne, Vic.
    Collection: Tasmanian Museum and Art Gallery, Hobart, Tas.
    Associate: Harrison, J.
  2. [S64] Archives Office of Tasmania. BDM Index Tasmania.
  3. [S55] Adb online, online http://adbonline.anu.edu.au/adbonline.htm, http://adbonline.anu.edu.au/biogs/A110724b.htm
  4. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888 "#D11525 (Age 39)."
  5. [S11] Newspaper - Argus 27 Aug 1888 p1.
  6. [S48] Index of burials in the cemetery of St Kilda,
    0592-0597 buried with the Crouch family.
  7. [S20] Various indexed records of GSV - Genealogical Society Victoria "Members Online resources: St Kilda Cemetery Transcriptions."
Last Edited24 May 2016

James Rothwell Crouch

M, #2176, b. 22 Jan 1843, d. 11 Dec 1848
Father*Thomas James Crouch b. 22 Oct 1805, d. 11 Jun 1890
Mother*Sarah Rothwell b. 7 Jan 1807, d. 16 Jan 1876
Birth*22 Jan 1843 Hobart, TAS, Australia.1 
Death*11 Dec 1848 Hobart, TAS, Australia, (Age 6) Cause of death: Water on the Brain.1 

Citations

  1. [S64] Archives Office of Tasmania. BDM Index Tasmania.
Last Edited24 May 2016

Rev Robert Smith Casely

M, #2177, b. 5 Mar 1833, d. 23 Aug 1912
Rev Robert S CASELEY
Note* Clergy who have ministered at Wesley Uniting Church Kent Town: R S Caseley 1869-1872, 1890-1893.1 
Birth*5 Mar 1833 Devon, England.2 
Christening3 Apr 1833 The Temple Chapel-Wesleyan, Budleigh Salterton, Devon, England, C063441.2 
Marriage*8 Apr 1863 Spouse: Mary Ann Crouch. Hobart, TAS, Australia.3
 
Occupation*14 Aug 1909 Norwood Baptist Church.4 
Death*23 Aug 1912 Norwood, SA, Australia, #D368/132.5,6 
Death-Notice*29 Aug 1912CASELY.-On the 23rd August, suddenly, the Rev. Robert S. Casely, of Norwood, in his 80th year.5 

Newspaper-Articles

  • 14 Apr 1902, THE REV. R. S. CASELY. A farewell social was tendered to the Rev. R. S. Casely and family at the Semaphore Methodist Church by the members of the congregation and circuit friends. The senior circuit steward (Mr. W. T. Rofe), who occupied the chair, and representatives from other parts of the circuit, spoke of the great respect in which the departing minister was held not only by the Methodist people but by all classes of the community. During the evening Mr. T. J. Matters, on behalf of the congregation and friends, presented Mr. Casely with a purse containing 35 sovereigns, whilst Mrs. Casely was made the recipient of a present from the Dorcas Society. The members of the choir, Christian Endeavor Society, and mothers' meeting showed their appreciation of the good work done by the Misses Casely during their residence at the Semaphore in many kindly references, accompanied by, numerous gifts. The Rev. R. S. Casely, in thanking the audience, spoke of his early connection with the church at the Seme phore. Thirty-four years ago he arrived in the colony, and started his ministry at the Semaphore, and since that time he had travelled in seven circuits, and had spent, nine years in that district. He thanked them for their generous recognition of his past services. Mr. Casely has been appointed by the Conference to the position of president of the Methodist Ladies' College at Malvern, and will residing there.7
  • 14 May 1909, REV. R. S. CASELEY. The. Rev. R. S. Casely resides on the Parade, Norwood, almost within the shadow of the Kent Town Methodist Church, where he laboured so successfully for years, and helped it through some of its most important building changes. The reporter found him wonderfully alert men telly, notwithstanding the 76 years that have passed over his head. He traced bis own career thus:— I was practically born into the Methodist Church in Devonshire. My father was a class leader, and the most prominent layman in his town, and my grandparents, too, were stanch Methodists. My school days were spent at Chudleigh's Academy, Budleigh Salterton, 12 miles from Exeter, which I left to go out to Bombay in the service of tbe East India Company. After a while, however, I was glad of the opportunity to return to England in a the capacity of steward's assistant. I became a local preacher, and was recommended by the Exeter District Synod to the London Committee of the Conference. Those were the troublous times of the terrible reform movement, which cost the Wesleyan Methodist Church over 200,000 members. Unfortunately, there was no opening for me, and I was not accepted. Among others with me at the time was Mr. Curnow, who afterwards became editor of The Sydney Morning Herald. I was not discouraged, but remained in London as a local preacher in the Hammersmith Circuit. A worshipper in the same church as mine was Mr. Roddham Douglas, who had come home from Tasmania. He was a cousin of the late Sir Adye Douglas. He and Mr. Henry Reed, another old Tasmanian, and a good Methodist, advised me strongly to go out to that colony. Accordingly in 1855 I set sail in the Light ning, a smart clipper, and landed at Laun ceston, where I continued my preaching. In 1859 the Launceston Circuit recommended me to the Australasian Conference, and I was received, and given charge of various circuits in Tasmania in turn. I came to Port Adelaide in 1868. and after that I was for three terms at Pine Street Church, two at Kent Town, two at Archer street, North Adelaide, two at Gawler, and I have also had charge of the Moonta, Kapunda, and Burra circuits. Six years ago I became a supernumerary. In 1881 I went to England to attend the Ecumenical Conference, and in the following year was elected President of the South Australian Conference. For one year I was Presi dent of the Methodist Ladies' College, but that is an office which is not now con tinued. I have been a representative at the General Conference six times, includ ing the gatherings at Auckland, Sydney, Melbourne, and Adelaide. Although I have been on the supernumerary list for six years, it is no more labour for me to preach now than it was 30 years ago. I am on all the plans of the neighbouring circuits, and I occasionally take the pulpit in churches of other denominations.8
  • 25 May 1910, CASELY-RHODES.-On the 12th April, at Kent Town Methodist Church, by the father of the bridegroom, assisted by the Revs. W. Jeffries and A. B. Lloyd, Elwyn Sherbrook, younger son of Rev. R. S. Casely, Norwood, to Blanche Evelyn, youngest daughter of T. Rhodes, Esq., Wakefield-street, Kent Town. At home, Waterloo-street, Glenelg, June 1 and 2.9
  • 24 Aug 1912, A SUDDEN CALL. DEATH OF THE REV. R. S. CASELY. The death of the Rev Robert S. Casely, one of the veteran ministers of the Methodist Church, occurred suddenly on Friday morning. The deceased, who was aged 79, and wonderfully alert for his years, was waiting for a tramcar at Dequetteville terrace, Kent Town. Two bystanders no ticed him leaning against a wall, and a moment afterwards saw that he had fallen on his face. He was removed to the Adelaide Hospital, where he was pronounced extinct. Of the 153 ministers connected with the South Australian Methodist Conference there were only six of longer standing than himself, and, though he had been on the super numerary list for nine years, right to the end he undertook frequent Sunday services for his own and kindred denominations. His preaching, too, had lost little in attractiveness and vigour with the passage of the years, and Mr. Casely could always command large congregations and hold their close attention. Mr. Casely was a native of Devonshire, and the descendant of two generations of prominent Methodists. His schooldays were spent at Chudleigh's Academy, Budleigh Salterton, 12 miles from Exeter. He left school to go to Bombay in the Service of the East India Company, but shortly afterwards he returned to England in the capacity of steward's assistant. It was in the troublous times of the reform movement, which cost the Wesleyan Methodist Church more than 200,000 members, that he became a local preacher, and was recommended by the Exeter District Synod to the London committee of the Conference as a candidate for the ministry. There was no opening for him then, and he was not accepted. He re moved to London, and was there a local preacher in the Hammersmith Circuit. Among his associates at the time were Mr. Curnow, who afterwards became editor of The Sydney Morning Herald, and Messrs. Roddham Douglas and Henry Reed, from Tasmania. Acting on the advice of the last named gentleman, Mr. Casely in 1855 set sail for Tasmania in the clipper Lightning. He landed at Launceston, and there continued work as a local preacher. In 1859 the Launceston Circuit recommended him to the Australasian Conference as a candidate for the ministry. He was received as a probationer in that year, and was stationed at Franklin (Tas.) During the following eight years Mr. Casely occupied the charges of Mereey, Deloraine. and Campbelltown (Tas.) The Conference of 1808 appointed him to South Australia. His first circuit in this State was Port Adelaide. Later lie was stationed for three-year terms in the fol lowing circuits:— Norwood, Gawler (twice), Moonts, Kapunda, Pirie Street (three times). Archer Street (twice), Port Adelaide, Kent Town (twice), and Koorinea. He was President of the South Australian Methodist Conference in 1882, and President of the Methodist Ladies' College in 1902. He visited England in 1881, and was a representative of Australia at the Methodist Ecumenical Conference of that year. He was a South Australian delegate to six of the triennial conferences of the Austral asian Methodist Church. It was not until 1903, when he had been 44 years in the ministry, that Mr. Casely retired from the full work, and was placed on the roll of supernumeraries. Since that time he has been scarcely less active, and much of his time and energy has been placed at the disposal of the church in various directions. For some time it had been noticed that his physical strength was failing, and he often complained of heart failure. This, he declared, frequently affected him when walking, but he felt no trouble when preaching. The deceased has left a widow (nee Miss Crouch, of Tasmania)— two sons — Messrs. W. A. L. and E. S. Casely. of Adelaide— and three unmarried daughters. —A Comrade's Tribute.— ' The Rev. Dr. H. T. Burgess entered the ministry in the same year as Mr. Casely, and it was a great shock to him when he received news of the death of his friend and colleague on Friday. Dr. Burgess paid the following tribute to the late minister: —Mr. Casely before his removal to South Australia won a high reputation in. Tas mania, which was fully maintained during his residence in this State. In the various circuits to which he was appointed he ren derid excellent service in every way. Some of these circuits were bo impressed ' with his work that in several instances he was invited to serve a second or third term. His pulpit services were characterized, by evangelistic fervour, clearness, and fresh ness of statement, and moral earnestness. His sympathetic nature enabled him to be of great assistance to the families of his flock, especially in times of trouble: and his visits were always cordially welcomed. Mr. Casely was entrusted with 6ome of the most important offices of Conference, in cluding the Presidency, and proved himself an exceedingly capable administrator. He took the keenest interest in the work of the executive committee until the list. His genial disposition and his genuine kind heartedness won for him attachment from a wide circle of friends, among whom I claim to have been included. Few ministers held such a warm place in the hearts of their people.10

Citations

  1. [S50] Miscellaneous Source, http://wesleykenttown.org.au/index.php
  2. [S31] IGI "C063441 [par John Casely & Mary Ann]."
  3. [S55] Adb online, online http://adbonline.anu.edu.au/adbonline.htm, http://adbonline.anu.edu.au/biogs/A030468b.htm
  4. [S14] Newspaper - The Register (South Australia) 14 Aug 1909 p2.
  5. [S14] Newspaper - The Register (Adelaide) 29 Aug 1912, p3.
  6. [S63] South Australian Government. BDM Index South Australia.
  7. [S14] Newspaper - The Advertiser (Adelaide) 14 Apr 1902 p6.
  8. [S14] Newspaper - The Register (South Australia) 14 May 1909 p6.
  9. [S14] Newspaper - The Advertiser (Adelaide) 25 May 1910 p6.
  10. [S14] Newspaper - The Register (Adelaide) 24 Aug 1912 p15.
Last Edited23 May 2016

Robert Wilkins Giblin Shoobridge

M, #2178, b. 11 Jun 1847, d. 13 May 1936
Birth*11 Jun 1847 Richmond, TAS, Australia.1 
Marriage*7 Dec 1871 Spouse: Annie Rebecca Crouch. Hobart, TAS, Australia.1
 
Widower25 Aug 1888Robert Wilkins Giblin Shoobridge became a widower upon the death of his wife Annie Rebecca Crouch.2 
Death*13 May 1936 Hobart, TAS, Australia.1 
Anecdote*Robert Shoobridge was born at Glenayr on 11 June 1847. Moving from Bushy Park, he took over Valleyfield estate near New Norfolk, producing an annual apple crop of 40,000 bushels. He had a particular interest in cool storage: as president of the Fruitgrowers' Association he travelled to London with a cargo of apples, advising on storage and critical temperatures, to establish standard shipboard conditions.

Locally a road trustee and municipal councillor, Robert was responsible for modernization of the New Norfolk water-supply system. He built the New Norfolk Cottage Hospital and promoted church construction at Glenfern, Molesworth, Moonah and New Norfolk. He was government visitor to the New Norfolk Mental Asylum. Robert died in Hobart on 13 May 1936, predeceased by his wife Annie Rebecca, née Crouch, whom he had married in Hobart Town with Wesleyan forms on 7 December 1871, and by five of their children. Five daughters survived him.3 

Citations

  1. [S55] Adb online, online http://adbonline.anu.edu.au/adbonline.htm, http://adbonline.anu.edu.au/biogs/A110724b.htm
  2. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888 "#D11525 (Age 39)."
  3. [S55] Adb online, online http://adbonline.anu.edu.au/adbonline.htm, http://adbonline.anu.edu.au/biogs/A110724b.htm
    Select Bibliography: L. S. Bethell, The Valley of the Derwent (Hob, no date); Cyclopedia of Tasmania, vol 1 (Hob, 1900); K. R. von Stieglitz, A History of New Norfolk and the Derwent Valley (Launc, 1962); Hobart Town Gazette, 5 Mar 1885; Tasmanian Mail, 6 Apr 1878, 1 Sept 1888, 8 June 1922; Mercury (Hobart), 6 Apr 1903, 30 May 1922, 1 Nov 1924, 14 May 1936, 13, 15 Mar 1939, 18 May 1940; Weekly Courier (Launceston), 16, 23, 30 Dec 1931; P. Shackel, Conservation: A Study in the Growth of Public Interest (B.A. Hons thesis, University of Tasmania, 1968); H. A. Broinowski, W. E. Shoobridge: A Tasmanian Visionary (B.A. Hons thesis, University of Tasmania, 1970). More on the resources

    Author: Peter Chapman

    Print Publication Details: Peter Chapman, 'Shoobridge, Robert Wilkins Giblin (1847 - 1936)', Australian Dictionary of Biography, Volume 11, Melbourne University Press, 1988, pp 601-603.
Last Edited24 May 2016

Arthur Knight

M, #2179, b. Dec 1839, d. 18 Mar 1916

Upper Beaconsfield

Arthur Knight selected 142 acres on ridge (St Georges Road) - on 7 Dec 1883 he donated an acre to the community so that they could build a hall. The land appeared not suitable for that purpose, but was used to build St John's Church in 1923.
By 25 October 1888 he had disposed of all the land he owned.
Father*Robert Knight b. 1810
Mother*Elizabeth Kelly b. 1814
Birth*Dec 1839 Chelmsford, Essex, England, Dec Q [Chelmsford].1 12 45 (mother's maiden name KELLY] 
Marriage*1867 Spouse: Matilda Isabella Ford. VIC, Australia, #M321 - as Matilda Isabella MACPHERSON.2
 
Residence*19 Jul 1875 Barlow Cottage, Madeline Street, Carlton, VIC, Australia.3 
Land-UBeac*19 Jul 1875Arthur Knight selected land from the Crown. 142a 0r 0p - Land File 2926/19.20
Selected by A KNIGHT Crown Grant 25 Aug 1881. 
Land-Note*20 Feb 1878 Packenham, Febr 20th 1878
To A J Skene Esq., Surveyor General of Victoria, Melbourne
Sir, We the selectors and residents of Gembrook and Packenham County of Mornington humbly request that you will please order that a new road may be surveyed through the selection of Mr Arthur Knight in the Parish of Packenham. This road we request will be to start from the north east corner of Mr Knight's selection, thence south west distant at about five chains more or less and being west from the two chain road and thence ending at the south east corner of the said selection. This new line of road will be on the side of a very high hill and with little expense can be made into a very good road. The present one chain road is too steep that it is almost impossible for us to get either up or down it and ought never to have been surveyed in that place. Trusting that you will give this a favourable consideration.
We have the honor to be,
Sir, your most obedient servants.
George B Halford
David Crichton
David Smyth
William D Nash
John Milne
Patrick Kennedy
Henry Lawes
George Taylor
Charles Alexander
John Sharples
Alfred G Shorthouse
Robert Booth
Anne Stredder
David Glenn
William McCraw
John Modral
Iden Henham jun
Jno H Hinds
Thos. C Hyde
William Modral
Robert Muir
George Miller
S Paternoster.4 
Land-Note*8 Mar 1881 PAK-66 (Knight's Road): On 8 Mar 1881 the Shire of Berwick obtained a title of a leasehold estate for seven years from 1 Jan 1879. This land was for the road and measured 3a 0r 27 1/4p.5 
Land-UBeac7 Dec 1883 PAK-66 (pt Lot 1). Transfer from Arthur Knight to George Britton Halford, William Elms, George Frederick Brind, Edward Fitzhaley A'Beckett, William Henry Goff. 1a 0r 0.8/10p - transfer to new owners as Trustees.6 
Land-UBeac29 Mar 1884 PAK-66 l/p 1265 (part Lot 11). Transfer from Arthur Knight to Elizabeth Rushall. 3a 0r 0p.7 
Land-Note*2 May 1884 Knight obtained a mortgage from John Ignatius Hearne, Ellen Josephine Douglas and Edward Francis Hearne. Discharged 8 Mar 1886.8 
Land-UBeac*17 Sep 1885 PAK-66 l/p 1265 (Lot 10). Transfer from Arthur Knight to Joseph Bulling. 19a 3p 32 6/10p.9,10 
Land-UBeac*22 Oct 1886 PAK-66 (Lot 4). Transfer from Arthur Knight to Catherine Walsh. 6a 2r 37p.11 
Land-UBeac4 Nov 1886 PAK-66 l/p 1265 (part Lot 11). Transfer from Arthur Knight to Elizabeth Rushall. 7a 3r 7 4/10 p.12 
Land-Note1888 1885 paid rates N58 116a, unpaid in 1886 + 1887. In 1888 he is listed with the note: Land sold, cannot find owner. Arrears to be rated to "owner" (Rept 25) either N125 or N138. 1889 Barrett Owner, N125, House 100a Pt Lot 66. 
Land-UBeac*25 Oct 1888 PAK-66 (except lots 4.10.pt11). Transfer from Arthur Knight to Walter Smythe Bayston.13 
Widower23 Sep 1891Arthur Knight became a widower upon the death of his wife Matilda Isabella Ford.2 
Marriage*5 Jun 1894 Spouse: Jeannie Tijou. 430 Bourke Street, Melbourne, VIC, Australia, #M3373.2
 
Death*18 Mar 1916 Mildura, VIC, Australia, #D3046 (Age 76) [par Robert KNIGHT & Mary KELLY].2 
Death-Notice*25 Mar 1916KNIGHT.—On March 18, at his residence, "The Chestnuts," Mildura, suddenly, Arthur, the dearly beloved husband of Jeannie Knight, aged 76 years.14 

Newspaper-Articles

  • 31 Dec 1879, From Arthur Knight, Beaconsfield, considering the Council should have made some settlement with him about road through his block, and objecting to letting the Council have land unless an equivalent in some shape was given to him. The correspondence was brought before the Council on the subject, and Mr. Knight was present to treat with the Council.—The matter, after discussion, was postponed till next meeting, correspondence to be brought in reference to it! A tender called for fencing the road was deferred.15
  • 28 Jan 1880, The correspondence in reference to road through Arthur Knight's land at Beaconsfield was brought up and read.-Councillor Souter said Mr. Knight was entitled to some compensation, but his claim of £33 was excessive. An offer had been made of £5, and to allow Mr. Knight to go on with fencing at 20s. per chain. After some discussion, Mr. Knight, who was present, submitted an offer to throw open the road at once on condition that he got £1 per chain for fencing forty chains, and £6 compensation.-This was agreed to and settled accordingly.
    TENDERS Were opened and the following accepted : A. Knight, fencing £40. Payments were passed, and the Council then adjourned.16
  • 5 Jul 1880, WANTED, PARTNER with £150, for poultry and dairy farm. Address A. Knight, post office, Berwick.17
  • 27 Oct 1880, PARTNER wanted, small FARM; market gardener preferred. A. Knight, Post office, Berwick.18
  • 15 Dec 1880... Councillor Dobson believed people would rather travel by the road known as Knight's road. If there was a bridge at Miller's, people could not be prevented by a flood from getting to the Beaconsfield Station. Councillor Bourke said the Council could not expend the money in question on the bridge referred to. Councillor Gibb said the road past Miller's would cost £200, and a bridge would cost at least £1500. The present bridge answered the purpose, except that it did not provide for floods on the low-lying land the neighborhood.-Councillor Dobson " I wouldn't mind resigning my seat and undertake to bridge the creek and low land for one fourth of the amount stated." The President made some remarks on the subject. If the road was made good to Miller's, traffic could afterwards get somehow to the Beaconsfield staion. The motion was seconded and put and carried. Councillor Souter moved that plans and specifications be prepared, and that the Councillors for Pakenham and Berwick Riding inspect both the roads on which it is proposed to expend the money. Seconded and carried.19
  • 9 Mar 1881, From Charles C. LeCren, stating the Commissioner of Public Works had approved of the acceptance of the tenders submitted to him for works on Gembrook road, viz., section No. 1, Thomas Charles, £195 13s 6d; No. 2, Henry Edebohls, £168 16s; No. 3, A. Knight, £182 8s 9d; No. 4, Ramage and Clinck, £217 16s; total, £764 14s 3d.
    From J. Wintle, Secretary for Lands Department, returning plan of road excised from A. Knight's holding in the parish of Pakenham, and stating that the lease, with the permission to transfer en dorsed on it had been handed over to Mr Knight. Councillor Bourke moved, and Councillor Souter seconded, that Mr Knight be paid his purchase money for road through his land as soon as certificate was received by the Council.-Carried.
    From A. Knight, stating he had transferred his contract on section No. 3, Gembrook road, to Ramage and Clinck, and would be glad to see the Engineer at the work.-The President remarked that they were not getting an inferior contractor to take it, therefore he thought Councillors should recommend Government to accept transfer.-A long and irregular discussion hereupon took place. Ultimately, Councillor Bourke moved, and Councillor Souter seconded, that contingent on the permission of the Board of Land and Works being obtained, this Council are willing that the contract for section No. 3 be transferred to Ramage and Clink in lieu of A. Knight.-Carried.20
  • 9 Nov 1881, BERWICK SHIRE COUNCIL. Saturday, 5th November. Correspondence.
    From Arthur Knight, complaining of excessive amount of rates.—Mr. Knight, who was present, explained, that he was about to sell portion of the property, and that the intended purchaser had been charged rates before the purchase had been completed, and that he himself had been charged the full amount — It was unanimouslv agreed that the extra 5s be knocked off.21
  • 28 Nov 1881, Houses and Land to Let. BEACONSFIELD -A Furnished COTTAGE. Apply to A. Knight, post office, Berwick.22
  • 5 Dec 1881, Houses and Land to Let. BEACONSFIELD -A Furnished COTTAGE. Apply to A. Knight, post office, Berwick23
  • 10 Dec 1881, Houses and Land to Let. BEACONSFIELD -A Furnished COTTAGE. Apply to A. Knight, post office, Berwick24
  • 3 Apr 1882, AT Beaconsfield Poultry Farm.—Three furnished Rooms to Let. A. Knight, Post Office, Berwick.25
  • 23 Aug 1882, The residents and landholders of Beaconsfield says the Age, met on Friday, at Messrs Byrne and Vale's room, Collins Street East to consider an offer made by Mr Knight to devote an acre of land for the benefit of the district to be used for church, school, and other purposes. Mr Brind was voted to the chair and the question was put that the offer of Mr Knight be accepted which was carried unaminously. The impassable state of the road was also a subject brought under consideration at the meeting, and the chairman was requested to forward a letter to the Berwick Shire Council pointing out to them the immediate necessity of having the road repaired and metalled.26
  • 29 Sep 1882, A meeting by the residents of Beaconsfield was held at the auction room of Messrs. Byrne, Vale and Co., Collins-street, yesterday, with the object of taking steps to raise subscriptions for the erection of a building at Beaconsfield which might be used on Sundays for church purposes and on other days of the week for meetings conducive to the interests of the inhabitants of the district. Mr. Arthur Knight helped to originate the movement by giving a piece of land, and a committee consisting of Professor Halford and Messrs. G. F. Brind, a'Beckett, Bullen, Vale, Goff and W. Elms were elected to make the necessary arrangements for the erection of a building. During the progress of the meeting a strong feeling was expressed at the apathy of the shire council in neglecting the roads in the district, which were stated to be in so bad a condition as to preclude all traffic. The chairman, Mr. Brind, was instructed to write to the conncil on the subject.27
  • 15 Nov 1882, Houses and Land to Let. BEACONSFIELD -A furnished COTTAGE to LET. Apply Mr A. Knight, Post-office Beaconsfield.28
  • 29 Jan 1883, BEACONSFIELD.—Three-roomed Cottage to Let, furnished. Address A. Knight, P.O., Beaconsfield.29
  • 13 Jun 1883, Two Dry Cows for sale.—Apply: H. Pegler, late Knight's farm, Beaconsfield.30
  • 11 Oct 1884, THE BEACONSFIELD RAILWAY.
    A large meeting of property holders of Beaconsfield was held at the White Hart Hotel last evening, to take into consideration the omission of the Beaconsfield line from the present Railway Bill. ... Mr KNIGHT, one of the oldest residents of Beaconsfield, gave statistics showing the large amount of traffic at the Beaconsfield station, the returns from which had already, he claimed, exceeded fourfold the expectations of the department.31
  • 17 Feb 1886, Tenders were ordered to be called for widening the side cutting at Knight's on the Beaconsfield road for next meeting.32
  • 29 Sep 1886, SHIRE OF BERWICK. TENDERS will be received at the council, High street Berwick, up to Twelve o'clock at noon, on Saturday, the 9th October, 1886, for the undermentioned works:—
    Forming Road to Beaconsfield House, Beaconsfield
    Widening Side-cutting at Knight's' Beaconsfield
    Plans and Specifications may be seen at Bain's hotel, Berwick, and at Mr. G. W. Leach's store, Scoresby, on and after the 4th day of October, 1886.
    The Council do not bind themselves to accept the lowest or any tender.
    Cash deposit of five per cent, to accompany each tender.
    By order of the Council, G. W. ROBINSON, Shire Secretary.33
  • 18 Feb 1888, CROCKERY Business for Sale, genuine, stock and fixtures £350, returns £18 ; also Fancy Goods, £300. A. Knight, 63 Swanston street, Richmond.34
  • 18 Sep 1888, THIS DAY. Kirk's Bazaar. CAMPBELL and SONS are instructed by A. Knight, Esq., to SELL by AUCTION, on Tuesday, at twelve o'clock, DON QUIXOTE, bay horse, 6 yrs, by Vasco di Gama, thoroughly broken to saddle and harness, beautiful stepper.35
  • 19 Jun 1889, TWO W.B. HOUSES, Brinsley-road, Camberwell, close to new station, Seven rooms, wash house, highly finished, Every convenience; £755.
    KNIGHT & BEDGGOOD, China Bazaar, 309 Lygon-street, Carlton.36
  • 29 Aug 1891, KNIGHT and BEDGGOOD. 309 Lygon-street, Carlton, Is the cheapest and best house in Melbourne for CROCKERY and GLASSWARE, FANCY GOODS, &c. Special line this week—Dinner Sets.37
  • 2 Sep 1893, WANTED, IMPROVED LAND at Mildura IN EXCHANGE for SUBURBAN PROPERTY or Business Stock, £600. A. KNIGHT, 309 Lygon-street, Carlton.38
  • 30 Sep 1893, KNIGHT and BEDGGOOD, 309 Lygon-street, Carlton, China dealers, Ironmongers and Fancy Goods Dealers, are Giving Up Business, and will Sell the whole of their well bought Stock at less than English prices.
    Storekeepers given special advantages for cash. No reasonable offer refused.39
  • 14 Oct 1893, KNIGHT & Bedggood, 309 Lygon-st.—The best stock of Crockery in Carlton ; are selling off.
    KNIGHT & Bedggood, retiring from business, no ressonable offer refused, cash only. Business for Sale.40
  • 16 Oct 1893, KNIGHT & Bedggood, 309 Lygon-st. the best stock of Crockery in Carlton, are selling off.
    KNIGHT & Bedggood retiring from business; no reasonable offer refused ; cash only. Business for Sale.41
  • 4 Nov 1893, Mr. Arthur Knight, a well-known and respected business-man of Carlton, has purchased Mr. A. M. Smith s block, near the holdings of Messrs. Scholes, Anderson, and M'Carthy. Mr. Knight is about to erect a comfortable dwelling, and his family will be here shortly.42
  • 18 Nov 1893, KNIGHT and BEDGGOOD, 309 Lygon street. Cheapest China Warehouse in Victoria Giving up business.43
  • 27 Nov 1893, DISSOLUTION of PARTNERSHIP. TENDERS are invited by Messrs. Knight and Bedggood, of 309 Lygon-street, Carlton, for their well assorted STOCK, valued at £600 and fixtures £65.
    This stock has been well bought for cash, and can be inspected from Monday, 27th November, till the time of opening tenders Monday, 2nd December, at 1 p.m. The usual 10 per cent, deposit must accompany each tender.44
  • 27 Jan 1894, MR. J. KNIGHT'S ORCHARD. The fifteen acres adjoining Mr. Scoles' holding are now owned by Mr. J. Knight of Carlton. They were selected by Mr. A. M. Smith, who had them planted in the 1892 season. He sold out a few months ago at a good figure. The present owner, who has a business in Carlton, contemplates disposing of it and coming here to live on his ranch, which is now looking very well, and which promises to be as valuable, comparatively, as any plantation in the vicinity. It was creditably planted by Messrs. Cook and Co., who cultivated it for the first twelve months, and it has been properly cared for since by Mr. Horwod. St. Michael and Parramatta oranges occupy five acres—two and a-half acres of each variety ; there are two acres of lemons, three of apricots, and about three and a-half of peaches. An acre is devoted to lucerne, and a comfortable little residence has been erected near the Maple-avenue boundary.45
  • 28 Apr 1894, Mr. A. Knight, of Carlton, who, some time ago, purchased Mr. A. M. Smith's plantation on Maple-avenue, has come here to reside. May success attend his venture.46
  • 12 Apr 1913, CROSS-COUNTRY RIDE. YOUTH'S CYCLE TOUR. MILDURA TO MELBOURNE.
    While city folk were last week doing any travelling that was necessary in trains, trams, motor-cars, or on motor bicycles, Geoffrey Kneebone, 19 years of age, was pedalling his bicycle along the lonely and dreary roads between Mildura and Melbourne. He was a week on the wheel, and covered, in all, over 400 miles.
    Of wiry build, and brimming over with ambition, Kneebone is just the type of youth so necessary to the development of the Australian backblocks. Three years ago he became apprenticed to Mr Arthur Knight, an orchardist, just outside of Mildura town ship. Kneebone has taken his hand at the plough, helped in general cultivating work, and in the picking and carting of fruits. He has now in mind a trip to America, to develop his knowledge of irrigation orcharding.
    It was for this purpose that he decided to sever temporarily his connection with the Mildura district. And it was in keeping with the lad's disposition that he scorned the opportunity of travelling to Melbourne by train, and, instead, mounted his bicycle and faced the four hundred miles between himself and home. It was on Sunday, March 30, that he started out on his long journey, and he had just been a week on the road when he arrived last evening at his father's home in Prince's street, Kew.
    "No; I fortunately did not have any very exciting experiences on the way," said Kneebone. "I set out from Mildura yesterday week, but owing to numerous punctures, had to camp out the first night, not reaching Euston, a distance of 60 miles, till next day. On Monday I went from Euston to Balranald, which is 60 miles, on Tuesday on to Swan Hill, which is 57 miles; on Wednesday I reached Kerang, then on to Serpentine on Thursday, and thence to Bendigo on Friday. Saturday I spent at Castlemaine, and did the remaining distance to Melbourne yesterday. All the roads were good, and only once — a few miles outside Swan Hill— did I lose my way for a few hours."
    Speaking of life on orchards in the irrigation district, Kneebone said that young fellows were very well treated. The work was not practically hard, though they had to keep going from 7 a.m. to 5 p.m. each day. "Yes; Mildura is going ahead," he continued, "and I will most certainly go back after my trip to America."47
  • 21 Mar 1916, DEATH. The death took place very suddenly on Saturday morning of Mr Arthur Knight, of Koorlong. He had a lorry load of fruit ready to take to Merbein, when he went inside, to his Wife and said he did not think he would go as he did not feel well. He then laid down on a sofa and in a few moments passed away. The deceased gentleman was a very old resident, and was greatly respected by all who knew him. His remains were laid to rest yesterday in the Mildura cemetery, the Rev. R. B. Davison reading the service at the grave.48
  • 23 Jun 1916, WILLS AND ESTATES. Arthur Knight, of Mildura, horticulturist, who died on 18th March, by his will, dated 30th September, 1912, left realty to the value of £3120 and personal property valued at £2111 to his widow and relatives.49

Citations

  1. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/.
  2. [S22] Victorian Government. BDM Index Victoria (online).
  3. [S81] Land Records, Parish Maps & Council Rate Books. ; PROV (Public Records Office Victoria), Land File 626/.
  4. [S81] Land Records, Parish Maps & Council Rate Books. ; PROV (Public Records Office Victoria), 2926/19 Arthur Knight's Land File.
  5. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 355-975 (Original Crown Lease) - The President Councillors and Ratepayers of the Shire of Berwick.
  6. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1297-366 - Arthur Knight to George Britton Halford, Edward Fitzhaley A'Beckett, George Frederick Brind, William Elms, William Henry Goff - see C/T 1524-764 (this land is reserved for the church or another community building).
  7. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1297-366: Arthur Knight to Elizabeth Rushall - see C/T 1552-218 Elizabeth Rushall, of Fawkner Street, St Kilda, widow.
  8. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1297-366.
  9. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1297-366 and C/T 1747-267.
  10. [S66] Berwick Shire Rates, 1870-1965 1885/86 - 1887/88 owner house & 20 acres, location not defined, NAV 25.
  11. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1297-366 and 1889-602 Catherine Walsh of Cotham Road Kew Spinster.
  12. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1297-366: Arthur Knight to Elizabeth Rushall - see C/T 1889-603 Elizabeth Rushall, of Fawkner Street, Saint Kilda, widow.
  13. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1889-601.
  14. [S14] Newspaper - The Mildura Cultivator (Vic. : 1888 - 1920), Sat 25 Mar 1916, p9.
  15. [S12] Newspaper - South Bourke and Mornington Journal South Bourke and Mornington Journal (Richmond, Vic. : 1877 - 1920; 1926 - 1927), Wed 31 Dec 1879, p3.
  16. [S12] Newspaper - South Bourke and Mornington Journal 28 Jan 1880, p3.
  17. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Mon 5 Jul 1880, p1
    Also 6 Jul 1880.
  18. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Wed 27 Oct 1880, p3
    Also 28 Oct 1880.
  19. [S12] Newspaper - South Bourke and Mornington Journal 15 Dec 1880, p3.
  20. [S12] Newspaper - South Bourke and Mornington Journal 9 Mar 1881, p3.
  21. [S12] Newspaper - South Bourke and Mornington Journal South Bourke and Mornington Journal (Richmond, Vic. : 1877 - 1920; 1926 - 1927), Wed 9 Nov 1881, p3.
  22. [S11] Newspaper - Argus 28 Nov 1881, p8.
  23. [S11] Newspaper - Argus 5 Dec 1881, p8.
  24. [S11] Newspaper - Argus 10 Dec 1881, p5.
  25. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Mon 3 Apr 1882, p1
    Also advertised 8 Apr and 17 Apr 1882, p1.
  26. [S12] Newspaper - South Bourke and Mornington Journal 23 Aug 1882, p2.
  27. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Fri 29 Sep 1882, p3.
  28. [S11] Newspaper - Argus 15 Nov 1882, p12.
  29. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Mon 29 Jan 1883, p4
    Also 2 Feb, 3 Feb, 7 Feb and 10 Feb 1883.
  30. [S12] Newspaper - South Bourke and Mornington Journal South Bourke and Mornington Journal (Richmond, Vic. : 1877 - 1920; 1926 - 1927), Wed 13 Jun 1883, p2.
  31. [S11] Newspaper - Argus The Argus (Melbourne, Vic. : 1848 - 1957), Sat 11 Oct 1884, p10.
  32. [S12] Newspaper - South Bourke and Mornington Journal South Bourke and Mornington Journal (Richmond, Vic. : 1877 - 1920; 1926 - 1927), Wed 17 Feb 1886, p3.
  33. [S12] Newspaper - South Bourke and Mornington Journal South Bourke and Mornington Journal (Richmond, Vic. : 1877 - 1920; 1926 - 1927), Wed 29 Sep 1886, p2.
  34. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Sat 18 Feb 1888, p12.
  35. [S11] Newspaper - Argus 18 Sep 1888, p2 - may be someone else.
  36. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Wed 19 Jun 1889, p7.
  37. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Sat 29 Aug 1891, p1.
  38. [S14] Newspaper - The Mildura Cultivator (Vic. : 1888 - 1920), Sat 2 Sep 1893, p6.
  39. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Sat 30 Sep 1893, p16.
  40. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Sat 14 Oct 1893, p12.
  41. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Mon 16 Oct 1893, p2.
  42. [S14] Newspaper - The Mildura Cultivator (Vic. : 1888 - 1920), Sat 4 Nov 1893, p7.
  43. [S11] Newspaper - Argus The Argus (Melbourne, Vic. : 1848 - 1957), Sat 18 Nov 1893, p1.
  44. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Mon 27 Nov 1893, p3.
  45. [S14] Newspaper - The Mildura Cultivator (Vic. : 1888 - 1920), Sat 27 Jan 1894, p3.
  46. [S14] Newspaper - The Mildura Cultivator (Vic. : 1888 - 1920), Sat 28 Apr 1894, p7.
  47. [S14] Newspaper - Weekly Times (Melbourne, Vic. : 1869 - 1954), Sat 12 Apr 1913, p34.
  48. [S14] Newspaper - Mildura Telegraph and Darling and Lower Murray Advocate (Vic. : 1914 - 1918), Tue 21 Mar 1916, p2.
  49. [S16] Newspaper - The Age The Age (Melbourne, Vic. : 1854 - 1954), Fri 23 Jun 1916, p5.
Last Edited4 Feb 2018

Grace Foreman

F, #2180, b. 26 May 1850, d. 13 Dec 1907
Grace SOMNER
(1850-1907)
Father*George Foreman b. 20 May 1814, d. Jun 1862
Mother*Susannah Allen b. 1815, d. 18 Aug 1866
Married NamePaul. 
Married NameSomner. 
Birth*26 May 1850 Blean, Kent, England, Jun Q [Blean] 5 39.1,2 
Marriage*Dec 1865 Spouse: William Hadlow Paul. Medway, Kent, England, Dec Q [Medway] 2a 678.3
 
(Migrant) Migration/TravelMar 1878 Sailing with Dr William Fetherstonhaugh Arthur Hay Somner to Melbourne, VIC, Australia. Ship Tararua from New Zealand
Age 38.4 
(Migrant) Migration/TravelDec 1878 Sailing with Dr William Fetherstonhaugh, Priscilla Paul, George Paul to Melbourne, VIC, Australia. Ship Aconcagua from England or Scotland
Age 30 as Mrs SOMNER.5 
Land-UBeac*18 Aug 1882 GEM-D-1A l/p 1137 (Lot 1). Transfer from John Thomas Butler to Grace Somner. Beaconsfield House.6 
Land-Note*14 Mar 1883 GEM-D-1A l/p 1137 (Lot 1): Mortgagee: John Rutherford - discharged 22 Jun 1885. Mortgagor was Grace Somner.7 
Land-Note13 Sep 1884 GEM-D-1A l/p 1137 (Lot 1): Mortgagee: Robert Ker - discharged 13 Mar 1885. Mortgagor was Grace Somner.8 
Land-UBeac*11 May 1886 PAK-60 l/p 1137 (Lots 43.44.45.46). Transfer from Henry Moss to Grace Somner. 22a 2r 1p.9 
Land-Note4 Jun 1886 GEM-D-1A l/p 1137 (Lot 1): Edward Ferdinand Yencken - discharged 4 Jun 1890.10,11 
Land-Note*29 Jun 1886 GEM-D-1A l/p 1137 (Lot 1): Mortgagee: James Oliver Walford. Discharged - 8 Sep 1888. Mortgagor was Grace Somner.12 
Marriage*30 Apr 1887 Spouse: Arthur Hay Somner. St Leonards, NSW, Australia, NSW #M3459.13
 
Land-UBeac*28 May 1888 PAK-60 l/p 1137 (Lots 43.44.45.46). Transfer from Grace Somner to George William Taylor. 22a 2r 1p.14 
Note*b 1890 Arthur Hay Somner during court case Charles Duncan YUNKEN [sic], son of E F YUNKEN [sic] the mortgagee of Somner's property at Beaconsfield gave evidence. 
Land-UBeac*4 Jun 1890 GEM-D-1A l/p 1137 (Lot 1). Transfer from Grace Somner to Frederick Rudolph Wilckens. Beaconsfield House.15 
Widow11 Nov 1890Grace Foreman became a widow upon the death of her husband William Hadlow Paul.16 
(Heir & Executor) Probate (Will)23 Dec 1890Named executor and an heir in the will of Henry Moss.17 
(Migrant) Migration/Travel5 Aug 1891 Sailing with Arthur Hay Somner Priscilla Paul to Liverpool, Lancashire, England. Ship Teutonic sailing from New York
Age 41.18 
MarriageDec 1891 Spouse: Arthur Hay Somner. Marylebone, London, England, Dec Q [Marylebone] 1a 1238.19
 
(Migrant) Migration/TravelSep 1899 Sailing with Arthur Hay Somner to Bluff, New Zealand. Ship Monowai via Hobart
Age 57.20 
Widow22 Mar 1901Grace Foreman became a widow upon the death of her husband Arthur Hay Somner.21 
Death*13 Dec 1907 105 Creswick Road, Ballarat, VIC, Australia, #D10917 (Age 57) [par George FOREMAN & Unknown].22 
Death-Notice*16 Dec 1907SOMNER. —On the 13th December, at the residence of her son-in-law, Mr. Walter William Nicholas, 105 Creswick-road, Ballarat, Grace, relict of the late Mr. Arthur H. Somner, aged 57 years.23 
Probate (Will)*15 Dec 1908 109/686 Widow Ballarat.24 

Electoral Rolls (Australia) and Census (UK/IRL)

DateAddressOccupation and other people at same address
30 Mar 1851Old Sea Wall Victoria, Whitstable, Kent, England(Head of Household) George Foreman;
Age 9 months
Member(s) of Household: Susannah Foreman25
2 Apr 1871James W FERRY, Farmer of 250 acres, Upper Runham, Lenham, Kent, EnglandAge 22 - General Servant domestic - Married26

Grave

  • Pres Comp A Grave 100, St Kilda Cemetery, St Kilda, VIC, Australia, George PAUL 11.9.1880 Age 12 ; also Arthur Hay, husband of Grace SOMNER, born 16.5.1840 died 22.3.190121,27

Family

William Hadlow Paul b. Jun 1847, d. 11 Nov 1890
Children 1.Priscilla Paul+ b. Mar 1866, d. 4 Apr 1938
 2.George Paul b. Sep 1868, d. 11 Sep 1880
 3.William Henry Paul16 b. Dec 1869, d. Dec 1869

Newspaper-Articles

  • 16 Jan 1882, THE HOTELS. LIST OF ARRIVALS. BEACONSFIELD. BEACONSFIELD HOUSE.—14th JANUARY.
    Mr Wilks. jun; Mr Binge ; Mr Hayes ; Mr Coles ; Mr Harris ; Dr La Mert ; Mrs P. Davis ; Misses Davis (2) ; Mrs Smith, Miss Smith, and Messrs Smith (3) ; Mr and Mrs Fallon and family (2) ; Mr and Mrs Bartrop and family (6) ; Mr and Mrs Frankenberg and family (4)28
  • 13 Feb 1882, THE HOTELS. LIST OF ARRIVALS. Beaconsfield House.— 11th February.
    Mr and Mrs T. P. Fallon and family (2) ; Mr and Mrs M'Callum and family (3) ; Mr Graham ; Mr Stritch ; Mr J. B. Sexton ; Miss Chambers ; Messrs Chambers (2) ; Mr and Mrs Sandford ; Mr H. Sandford ; Mr Armitage ; Mr and Mrs Miller ; Mr and Mrs Jeans ; Mr and Mrs Francis and
    family (2) ; Miss M. Anthony ; Miss N. Anthony ; Mr A. Anthony ; Miss Lavender ; Mr Wilks ; Mr and Mrs George ; Mrs M'Clure29
  • 21 Feb 1882, THE HOTELS LIST OF ARRIVALS, BEACONSFIELD. Beaconsfield House,— 20th February.
    Mr Graham ; Mr Armitage ; Mrs Miller ; Mrs Jeans ; Mrs George ; Mrs M'Clure ; Miss Lavender ; Miss M. Anthony ; Miss N. Anthony ; Mr A. Anthony ; Mr G. Wenzel ; Mrs Francis and family (2) ; Mr and Mrs Joseph and family ; Dr and Mrs La Mert ; Mr and Mrs Binge ; Mrs E. A. Davis ; Mr F. Goerman ; Mr and Mrs Carter ; Mr and Mrs Whitworth ; Mr and Mrs Lucas and son30
  • 22 Aug 1882, THE HOTELS. LIST OF ARRIVALS. BEACONSFIELD HOUSE. Saturday, 19th August
    [some names not readable] Mr and Mrs G G Brown, family and nurse ; Miss A Dyer ; Miss F Dyer ; Master Dyer ; Mr and Mrs Nicholas and family ; Mr Butler ; Miss Butler ; Mrs Young ; Miss Young ; Mr Gilmore ; Master Butler ; Miss M'..; Mr G W S....31
  • 29 Aug 1882, THE HOTELS. List of arrivals. BEACONSFIELD HOUSE, Monday, 28th August
    Mr and Mrs G. G. Brown, family (3) and nurse ; Mr and Mrs Nicholas and family ; Miss A. Dyer Miss E Dyer Mr Charles Dyer Master Dyer ; Mr and Mrs Warnock ; Mr. Stevens and son ; Mr Tipping ; Mr M'Key ; Miss M'Farlane ; Miss Jessie Binnie32
  • 12 Sep 1882, THE HOTELS. LIST OF ARRIVALS. BEACONSFIELD HOUSE, Monday. 11th September.
    Mrs Duerdin, Miss Duerdin, Miss S. D. Duerdin ; Mr and Mrs Selby, Miss Selby, Miss A. S. Selby ; Mr J Parer, Master Parer ; Mr F Needham ; Mr Paterson ; Mr and Mrs Padley ; Mr Pinckney ; Mr F. A. Stewart ; Mr W Brisbane ; Mr Goff33
  • 26 Sep 1882, THE HOTELS. LIST OF ARRIVALS, BEACONSFIELD HOUSE, Last Week.
    Mr and Mrs F. M. White and child ; Mr Bell ; Mr W Smith ; Mr and Mrs G. M. Taylor ; Mr H. G. Wilson ; Mr H. Taylor ; Mr Fox ; Miss Nicol ; Mrs and Miss M'Guigan ; Mr D'Arcy ; Mr Westwood ; Mr M'Phee ; Miss M. Powell34
  • 15 Dec 1883, Turkey Cock as a Brooder. — W.P., Swanston street.— We have heard of dogs taking to kittens, and of cats suckling pups but we never before heard of an old turkey cock acting as a mother to his chickens Our correspondent says : " I saw last week at Beaconsfield House, near Berwick, a brood of thirteen turkey chicks ; they were about three weeks old. The hen which hatched them had been killed in the bush, and the old Turkey cock has taken her place and struts about as proud as a turkey cock can possibly be. He covers the chicks as naturaily as carefully as any barn-door hen."35
  • 4 Feb 1890, REMARKABLE WILL CASE. £30,000 INVOLVED.
    The trial of the issues regarding the contested will of the late Henry Moss, of Port Melboure, shipowner, was commenced in the Supreme Court yesterday, before the Chief Justice and a jury of twelve. In September last an application was made by Mrs Grace Somner and William Porter Vine (executrix and executor) for probate, but a caveat was lodged by Henry Edward Moss against it being granted, and the question of the validity of the will was remitted for trial.
    Mr Purves, Q.C., Mr Topp, Mr Isaacs, and Mr Irvine appeared for the caveator, Dr Madden, Mr Higgins, and Mr Hayes for the respondents.
    Mr PURVES, in the course of his opening address, said that the will of the testator, with two codicils, would be shown to be the result of the undue influence which had been used on him by Mrs. Somner between the 1st of January, 1885, and 17th of August last, which was the date of the last codicil. She had so systematically worked upon the feelings of the testator, who for some time before his death had been an invalid, and for whom she acted as a nurse, that she obtained complete control over him. She prevented his relatives from seeing him, so as to obtain their estrangement, and in the end she got him to leave the bulk of his property, valued at between £30,000 and £40,000, to her. For this reason the will and codicils had been attacked, and after the jury had decided as to whether undue influence had been used, the law points which arose would be dealt with. The testator, who lived at Port Melbourne, had carried on a lightering business for many years, and had a wife and numerous children and grandchildren. When his wife died in April, 1886, he had lived on the most affectionate terms with all who belonged to him, but after that time Mrs Somner appeared on the scene, and changed the entire position of matters. Some time before his wife's death he was also ill, and they were both looked alter by their grandchild, Sophia Moss. As she got into low health through nursing, she went to Beaconsfield, stopping at the Beaconsfield Hotel, kept by Mrs. Somner. When she received a telegram informing her of the death of her grandmother, she returned to Port Melbourne, and Mrs Somner went with her, representing that she was a great friend of the testator, and that she intended to take charge of the household. She had since stated that she had been in the habit of visiting him and taking tea with him in his private office. Mrs Somner was as good as her word, for on arriving at Boscobel, the testator's residence at Port Melbourne, she entirely took possession. At the funeral she placed herself in the first mourning carriage to the exclusion of the sons, and only consented to go into the second after some expostulation on their part. Returnmg from the grave She sang " Comin' thro' the Rye " to cheer up the old man, as she said. She at once undertook the position of nurse to the testator, and so overcame all feelings of delicacy as not only to occupy his room all night, but to sleep with him. At this time the testator was about 80 years of age, while she was young enough to be his daughter, if not his granddaughter. She had been twice married, and she left her husbund to perform this voluntary nursing, which was not her business. Besides Boscobel, the testator owned a terrace of houses adjoining, and he had thrown out hints that he would distribute it amongst his children. Mr. Atkyns, his solicitor, prepared a will, acting under his instructions, but when the caveator applied for an inspection of it he was refused. It would appear from the evidence that the testator himself stated that he had left Sophia the property ot Boscobel, and Mrs. Somner made a declaration that she was only to get the money on his life policy, but it transpired that the latter managed affairs so nicely that she not only obtained the bulk of the property for herself, but procured five legacies for her husband and her child by her first husband. Sophia married one of her cousins in September, 1886, but lived for some time afterwards in the house with her grandfather. Trouble soon arose, however, through Mrs. Somner, who had taken upon herself the position of nurse and dictator to the testator. She simply ruled the house, and after the testator had given his late wife's trinkets to Sophia she made him obtain them to give them to her. The testator occasionally went to Beaconsfield, but Mrs. Somner was always by his side, and considering his age and his ailments, there was no wonder that she got a complete ascendency over him. In conversations she had openly boasted that she had "got her bird and she intended to pluck him." On the 16th September, 1887, the testator transferred Boscobel, worth at least £2,170, to Mrs. Somner, by two conveyances, "in consideration of the numerous services and kindnesses rendered him by Grace Somner - his adopted daughter". Nursing thus turned out a very lucrative business for Mrs. Somner. For 15 months' services she got something that was equal to £25 per week. This amazing bestowal of property was followed by other equally peculiar transactions. On the 23rd July, 1888, she procured from the testator an advance of £2,000 to pay off a mortgage on her hotel. She then took a house at Kelso, where she lived with him, and he paid all expenses. She then sold her hotel to one Wilkins. On the 24th July, in consideration of £2,500, the testator transferred the terrace of houses to her. The terrace was worth at least £1,200 more than this sum, and for what earthly purpose the testator wanted to sell it when he was so well off it was hard to understand. Profitable as these transactions were, Mrs. Somner had merely obtained a substantial sum of money for some loose property that was lying about. Further developments showed that she had her eye thoroughly to business. The following was the text of a lawyer's letter which was sent to the testator's sons : " Sir,- I am instructed by your father to request that you will not visit his house until he should ask you to do so. He is much vexed that you have made rumours reflecting on Mrs Somner's character, and on that lady's behalf I am instructed to take proceedings against you should you make use of any slanderous statements regarding her."
    Subsequently, when it would appear the testator was not under this woman's influence, he sent most affectionate letters to his children. From what transpired at a short interview, which the sons managed to get with difficulty, it turned out that she had intercepted a good many letters. The testator's will was dated the 22nd of October, 1888, and confirmed the transfers and gave all jewellery and personal effects and shares to Mrs. Somner. It gave Tracey, the manager of the lightering business, who was executor with Mrs. Somner, £600 a year, and annuities amounting in the aggregate to only £750 to the members of his own family. The profits of the business were to be divided into three parts, one of which was to go to Tracey, one to Mrs Somner, and the other to relatives. The general effect of the will was that Mrs Sumner got one third, the family got one third, and the persons connected with the testator's business a third. By the first codicil of the 23rd of November, 1888, the provision as to a share of profits going to the family was struck out, and £600 per annum was to go to Mrs Somner, while the profits were to be divided equally between Tracey and her, and the capital of the business was to be divided between Tracey and Mrs Somner's daughter by her first husband - Priscilla Paul. Another codicil was made three weeks before the testator's death. By this W. P. Vine was substituted as executor in place of Tracey, and the testatur increased the annuities to members of his family to about £1,000, but these were only to be paid after all the other legacies had been satisfied. Altogether, the facts of the case were of a character superseding any tale of fiction, and the jury could not do otherwise than find in favour of the caveator.
    John Findlay Malcolmson, a legally qualified medical practitioner, practising at Port Melbourne, deposed that he had known the testator since 1885. He attended him regularly from the end of December, 1885, until November, 1886. He was living at Boscobel, Port Melbourne, and portion of the time witness saw him at Beaconsfield. He was a very old man and was suffering from gout, bronchitis, and general indisposition. Witness saw him several times, in consultation with Dr. Plummer, in 1888 and 1889. He sometimes had an intermittent heart, and witness saw him once at Kelso, Kew, in regard to his mental condition. This was in the beginning of 1889. At Boscobel, in the first instance, witness found his granddaughter, Sophia Moss, in constant attendance on him. Witness never saw Mrs Somner until after Mrs. Moss's death. Early in May witness was called upon to attach his signature to a will at Boscobel. Mrs. Somner, and Mr. Atkyns, solicitor, were present at the time. The deceased told witness in conversation that he had left his granddaughter Sophia well off, giving her Boscobel and its contents, with the terrace adjoining. He spoke warmly in her favour. He also said that he had left his business to his grandsons George and Richard, and had provided for his two sons. On the 2nd November, 1888, at Beaconsfield, witness had a conversation with Mrs, Somner. She said she believed that the members of Mr. Moss's family thought she was looking after him for what, she would get on his death, but they would be surprised to find that all he had left her was the policy of insurance on his life. She said she could have everything the old gentleman had, but she was afraid it would cause too much trouble after his death if he left it to her. After the testator returned from Beaconsfield to Boscobel witness saw him several times. Witness saw him at Kelso a dozen times at least, Mrs Somner was always present when witness saw him latterly. Witness had good opportunities for observing her manner towards the testator. They appeared to be very affectionate, she calling him " Dear dad," and " Dear old man". She seemed to have a good deal of influence over him. Witness observed that if Mrs Somner asked him to take his medicine, or to go out for a drive, he at once agreed and said " If you say so, of course I must do it." So far as he had observed the deceased never opposed Mrs. Somner in any way. After Mrs, Moss's death it was not necessary for any nurse or attendant to sleep with the testator. Mrs Somner told witness that she slept with Mr Moss. She said it was absolutely necessary to do so. Soon after Mrs Moss's death - about the beginning of May, 1888 - she told witness that if any of Mr Moss's family came to Boscobel and annoyed her she would have them forbidden the house. She referred to the two sons. She also said that if they persisted in annoying her she would have the old man taken away where they could not get at her. On one occasion she told witness she had got Mr Moss to instruct his solicitor to write to his son, telling him not to come to the house. She often wanted Mr Moss to sing a song to illustrate how well he was getting on. Once he did sing a little song. A day or two before Mr Moss's death at Kelso, Mrs Somner told witness that the old man had all the affairs settled, that it was only a short time previously he had finally arranged his will, that she had been his adopted daughter for several years and that if Sophia Moss had played her game properly the two of them would have been the old man's heiresses. She said that Sophia Moss had made an enemy of him, and she had suffered in consequence. Three days before the testator's death Dr Plummer and witness suggested that as he could not live long his relatives should be communicated with. She said that if they came annoying her she would get a policeman to keep them out of the house. Immediately before his death Mrs Somner said that she had been under the impression that witness was a great enemy of hers but she felt quite sure that he was not. On the day of his death, while Mrs Somner was absent from the sick room, the testator asked how Sophia was getting on. She had been ill. Witness said she was getting on very well, and he desired to be remembered to her. Having said so much he relapsed into his former apathetic condition.
    At this stage the case was adjourned until half past 10 am today.36
  • 5 Feb 1890, REMARKABLE WILL CASE. £30,000 INVOLVED.
    The hearing of the action Moss v. Somner and another was continued at the Supreme Court yesterday, before his Honour the Chief Justice and a jury of twelve. In August last Mr. Henry Moss, of Port Melbourne, the proprietor of a lightering business, died, leaving property valued at £31,355, which, with the exception of some legacies to members of his family, he bestowed by will on his nurse, Mrs. Grace Somner. Mr. W. P. Vine and Mrs. Somner were appointed executor and executrix under the will. When probate was applied for a caveat was lodged by the plaintiff, Mr. Henry Edward Moss, eldest son of the testator, on the ground that undue influence was used by Mrs. Sumner to get the will, with codicils, made in her favour. The issue for trial was whether undue influence had been used. Mr. Purves, Q.C. , Mr. Topp, Mr. Isaacs, and Mr Irvine appeared for the plaintiff, and Dr. Madden, Mr. Higgins, and Mr. Hayes for the defendants.

    Dr. Andrew Plummer gave evidence of medical attendance on the testator, who, he said, was suffering from a number of complaints, chiefly gout, and was not able to get about much. On the 15th September, 1887, he was sent for to visit Mr. Moss at Beaconsfield. He went on that date to the Beaconsfield Hotel, where Mr. Moss was residing. The first person he saw there was Mrs. Somner, who took him to Mr. Moss’s bedroom. Mr. Moss was then in bed. He had a conversation next morning with Mrs. Somner, and thought it rather strange that he should have been sent for such a distance. Mrs. Somner said he had been sent for to witness Moss signature to his will. He said he could not wait for the signature, and returned to Melbourne. He never heard of Mrs. Somner before. Next time he saw Mr. Moss was on the 29th December. He made visits also on the 11th and 25th January, 1888. He charged £21 for each visit. He suggested to Mrs. Somner that Mr. Moss should come down to Port Melbourne, as the effects of the medicine would require medical observation. She brought Mr, Moss down to Port Melbourne. After Mr. Moss came to Port Melbourne witness saw him for the first time, on the 8th of February, and attended him till March. The patient remained much in the same condition all the time. He had some conversations with Mrs. Somner. She said her husband knew of a house at Kew which would suit her better. She wished Mr. Moss to see the house, as he intended to purchase it for her. She said it was necessary that he should be under her care, that she might not be interfered with by his family, and that it was necessary she should have a house of her own. The next time he saw Mr. Moss was at Kew, on the 23rd March, 1888. He then had another conversation with Mrs. Somner, and told her he thought the patient had not improved by the change. She said there was a lady at Port Melbourne who was making herself very officious, and that she (Mrs. Somner) had caught her (Mrs. Somner’s) bird, and intended to pluck him herself, and that she did not require the aid of this lady or any one else in doing so.

    The lady referred to was not Mrs. Sophia Moss. The witness said he wished she would not mention such thing, to him, as he was only there as a medical man. Some time after this he had a conversation with Mrs. Somner at Kew, and she asked him to witness the will. She said she had complete control over Mr. Moss, and could make him leave her everything, but that she would not do that as it might lead to trouble afterwards. She told witness there was a clause in the will prohibiting the will being disputed, and that anyone to benefit under it who disputed it would lose all claim to any benefit. On the 22nd of October, witness spoke to her in the presence of Mr. Moss. Witness told her he thought it would be better for him not to sign the will, because in the event of there being any question as to the sanity of Mr. Moss, his signing the will would lessen the value of his evidence, and that he had no doubt as to Mr. Moss’s sanity, but that it would be well for her to consult another medical man on the point. She approved of the course, and got Dr. Malcolmson. Mrs. Somner frequently dropped remarks about Mr. Moss’s family. She said she would let the Moss family feel what it was to designate her as Mr. Moss’s woman. Mr. Moss seemed very much attached to Mrs. Somner, and she seemed to care very much for his comfort. Witness considered Mr. Moss had a rather strong resolute will, but he never saw him oppose his will to Mrs. Somner. He had heard Mr. Moss sing and Mrs. Somner join in the chorus on two or three different occasions. A little before the will of the 22nd October, Mrs. Somner said that if Mr. Moss’s family continued to interfere with her she would put a policeman at the gate to prevent their coming in. The day before Mr. Moss died witness asked Mr. Moss, in the absence of Mrs. Somner, if he would like to see some of his own family. He replied no. Mrs. Somner said she had no objection to their coming if they behaved themselves, and that if they did not she would have a policeman at the door to turn them out. Mr. Moss was never in such a condition that it was necessary for his female attendant to sleep in the same bed with him, though it might be necessary sometimes to sleep in the same room. He knew of no case in which it was necessary for the nurse to lie in bed with a patient.

    Cross-examined by Dr. MADDEN - Mr. Moss was subject to fainting by reason of syncope, and instant attention was required on those occasions. He also required immediate assistance on account of his disorder. Dr. Malcolmson was the medical attendant of the Moss family, and was so still. Mrs. Somner was very excited, and was crying when she said she would make the Moss family suffer for designating her as Mr. Moss’s woman. Witness had known the Moss family for something like 25 years. Witness believed he had been sent for to witness the will because of his public position, and that he was well-known, and because Mr. Moss had confidence in him. During the whole time he knew him Mr. Moss’s condition of mind was perfect, and his will was stronger than the average. The lady Mrs. Somner had referred to as being officious was Mrs Vine. When Mrs. Somner said she had caught her bird and intended to pluck him herself, he was struck for the first time with the idea that she intended to interfere with Mr. Moss’s property. Witness considered it a very foolish remark for her to make, and told her so. He did not think it was his duty to tell this to Mr. Moss. He had never heard of any other will than the one alluded to. Mrs Somner always concurred in witness’s views, and did her best to give effect to them. He had heard rumours that there was some difference of opinion between Mr. Moss and his family.

    By Mr. Topp - Long after he heard these rumours he was aware that Mr. Moss’s daughter lived in the house with him and nursed him. These rumours had reference to many years ago. He had not heard of any difference between Mr. Moss and his family just before or at the time of his death. He recollected seeing Mr. George Moss and his wife at the house of the testator, and all seemed very happy. Any efficient nurse could attend to Mr. Moss without lying in the same bed with him.

    Edwin Oxley Moss, son of the testator, said he was a retired public servant, having been in the Railway department for 22½ years. He had received a letter from Mr Atkins, solicitor, dated 5th November, 1886, warning him not to visit to his father’s house, as he had reflected on the character of Mrs. Somner, his father’s nurse. He called on Mr. Atkins to know the meaning of the letter. Witness said he told Mr. Atkins that he thought this letter was a very strange thing, as he was getting on for 60 years of age, and never had a word with his father in his life. Mr. Atkins replied that he had received instructions to send the letter. Witness asked Mr Atkins what he should do, and told him he had never said anything against Mrs. Somner’s character. Atkins asked him if he would make an affidavit to that effect. Witness replied that he would, and did so. Just before he left the office Atkins said, “This much I will tell you. You will have no reason to complain. You are well provided for.” The first time he saw Mrs. Somner was during the lifetime of his mother. He saw her on two occasions at his father’s office before his mother died. Notwithstanding Mr. Atkins’s letter, he made up his mind that he would go to see his father. He went to Kew, and saw his father, who was friendly. The first thing his father said was -”Well ; you’ve stopped away a long time.” Witness replied, “How could I come to you in face of that letter written by your solicitor?” His father replied, “You should have taken no notice of that, but should have come.” Then Mrs. Somner came in, and at her request witness went into the kitchen with her. She said people had been running her character down. Witness replied that he had not done so. She said she had great control over his father, could make him do as she liked, had got a great deal out of him, and would get all she could, even to sixpennyworth of coppers. He made no reply to this. The rumours mentioned by Dr. Plummer had no reference to witness, his sister, or his brother. There was a difference between his father and mother, and that was the only difference he ever heard of. Some years ago his mother was very ill and went to England, and it was then that the difference arose.

    By Dr. MADDEN - His mother left all she possessed to his father under a certain agreement. His father was on good terms with him and his (witness’s) brother, and he believed his father was also on good terms with his brother-in-law, Captain Hall. He thought his father approved of the marriage of his (witness’s) sister with Captain Hall. He had heard of no charge of immorality against Mrs Somner from any member of the family.
    Edmund George Moss, grandson of testator and manager of the Federal Bank, Albert Park, said he knew Mrs Somner, and first saw her the day after his grandmother’s death, April 29, 1886. Mrs Somner seemed to assume control over the household, and made arrangements for the funeral. She was singing and making merry when the body was in the house, and said she had often prayed for the death of Mrs. Moss. He went into his grandfather’s bedroom and saw Mrs Somner there. At the funeral he occupied a mourning coach with Mrs. Somner and Captain Harry Hall. Mrs Somner said that if any of Mr Moss’s relatives crossed her path she would take testator away, and they would never see him again. Witness, in 1886 married his cousin Sophia Moss. He lived with his wife a Boscobel until February, 1888. He and his wife were on most cordial terms with their grandfather. His wife managed the house. Mrs Somner made frequent visits to the house, the duration of which varied from a day to a week. She generally stayed in his grandfather’s room, spending her nights as well as her days there. On two occasions witness slept there. There was only a single bed in the room. Mrs Somner said once that Henry Moss had applied an opprobrious term to her, and if Mr Moss did not protect her she intended to take action. Mr. Moss told witness he had left Mrs Somner something in his will, and styled her his adopted daughter. Mrs Somner said if the testator had not protected her she would have taken action. Witness had a conversation with Mr Somner, who said, “You young people (his cousin Richard and himself) are all right, but you must not offend him nor Mrs Somner, and if you offend him he will alter the will.” Somner also said, “My wife can have the lot if she likes, and she is a great fool if she does not. She could have it by holding up the little finger” He also remarked, “Talk about boy and girl I never saw anything like it,” referring to the infatuation between them. Witness and his wife left Boacobel, and the whole cause was that his wife was reported to have said that Mrs. Somner was Mr Moss’s “fancy woman”. This allegation was a deliberate lie. He told Mrs. Somner that his wife had not made use of the words, and that he was sure she did not know the meaning of the expression. When Mr Moss was at Beaconsfield he wrote to him (Mr Moss) several times, but only heard from him once or twice, although he knew of no reason why he should not, unless it was because Mrs Somner opened all his grandfather’s letters. He remembered once at Boscobel that his grandfather had a bed made in the spare room for Mrs Somner. At 3 o’clock in the morning he heard a noise, and saw Mrs. Somner go into his grandfather’s room and close the door. He also remembered that at dinner one day his grandfather started to talk about his affairs, and Mrs Somner put her hand over his mouth and told him to go on with his dinner. Witness spoke to his grandfather at Boscobel about the conduct of Mrs Somner, and pointed out that it was making his wife’s life unhappy. Witness said, “Sophie (his wife) should be more to you than Mrs. Somner”. His grandfather replied, “ So she is, and more than a hundred Mrs Somners” His grandfather said he would tell Mrs Somner not to interfere with Sophie. It was after this that a bed was made up in the spare room for Mrs. Somner. He and his wife were always on excellent terms with his grandfather, and the latter was very friendly to them.

    By Dr. MADDEN - His wife was discontented with Mrs Somner. At first he thought Mrs Somner was a disinterested friend of his grandfather’s, but afterwards he became suspicious of her. It was about a month afterwards. What Mrs Somner said in the mourning coach had some weight on him. He never knew Mrs Somner to occupy any other room than his grandfather’s.

    Mrs Edith Rose, who was a general servant at the late Mr Moss’s house from May, 1886, to September, 1888, gave evidence as to the frequent visits of Mrs. Somner, and stated that when she went to Mr Moss’s bedroom early in the morning with milk the door was often opened by Mrs Somner, who sometimes appeared in a dressing gown and sometimes in a nightgown.

    Mrs Louisa Henrietta Oldfield Johnson, granddaughter of the testator, stated that she often visited her grandfather’s house, and had seen Mrs Somner in her nightgown in her grandfather’s bedroom. Once Mrs. Somner said that the more the family annoyed her the more she would get.

    Mrs Ellen Mabel Worboys, stepsister to Mrs Sophia Moss, also gave evidence of what she had seen during the time that she had managed her grandfather’s household affairs. Mrs Somner once asked her if she thought there was any harm in her (Mrs Somner’s) sleeping with her grandfather.

    The Court then adjourned till 10 o’clock this morning.37
  • 6 Feb 1890, THE PORT MELBOURNE WILL CASE. MOSS V. SOMNER AND ANOTHER
    The hearing of the action Moss v Somner and another was continued at the Supreme Court yesterday, before his Honour the Chief Justice and a jury of twelve. In August last Mr Henry Moss, of Port Melbourne, the proprietor of a lightering business, died, leaving property valued at £31,355, which, with the exception of some legacies to members of his family, he bestowed by will on his nurse, Mrs Grace Somner. Mr W P Vine and Mrs Somner were appointed executor and executrix under the will. When probate was applied for a caveat was lodged by the plaintiff, Mr Henry Edward Moss, eldest son of the testator, on the ground that undue influence was used by Mrs Somner to get the will, with codicils, made in her favour. The issue for trial was whether undue influence had been used. Mr Purves, Q.C., Mr Topp, Mr Isaacs, and Mr Irvine appeared for the plaintiff and Dr Madden, Mr Higgins, and Mr Hayes for the defendants.
    The hearing of evidence for the plaintiff was continued.
    Sophia Matilda Moss, granddaughter of the testator and daughter of his deceased daughter, Louisa Hall, said she was the wife of her cousin, Edmund George Moss, who gave evidence on the previous day. Witness's mother died on the 2nd April, 1886, a few weeks before her grandmother's death. Witness lived with her grandfather from the time she was six weeks old until she was seven years old, and then until she was 10 years old she lived with her mother and her stepfather, Captain Harry Hall. From the age of 12 or 13 she lived with her grandparents until 1888, with the exception of a few months. She was always on very good terms with her grandfather, who was kind and affectionate to her. She never had any material quarrel with her grandfather. He was in infirm health, and she and her grandmother nursed and attended to him. After her grandmother's death witness, on one or two nights, sat up with him when he was ill. Those relations continued until Mrs Somner made her appearance within 12 months before her grandmother's death. Mrs Somner called at Boscobel in the afternoon. Her grandfather had an attack of gout, but was able to be downstairs. She remained about half an hour.
    By His HONOUR - Her grandfather had known Mrs Somner for several years, but the family did not know her. They had heard grandfather mention her.
    The witness continued - Some five months later Mrs Somner called again, and during another visit of about half an hour told witness that she (witness) was a very lucky girl to be such a favourite of her grandfather. Mrs Somner called again before her grandmothers death, but witness, who was ill from nursing, was then staying at Mrs Somner's Beaconsfield Hotel, to which place she had been sent by her grandfather. While at Mrs Somner's she received a telegram with news of her grandmother's death, on the 28th April. Mrs Somner seemed pleased with the news, and travelled with witness to Boscobel. When they arrived, on the 29th, Mrs Somner went into her grandfather's bedroom where he was in bed. Her grandmother was buried two days later and witness and Mrs Somner came back from the cemetery in the same coach. Before the funeral had left the house witness heard her uncle Henry telling Mrs Somner she must not go in the same coach with her grandfather and Mrs Somner went in one of the other coaches. Mrs Somner seemed very jolly on the night of the funeral. The first two nights after they arrived at Boscobel from Beaconsfield, Mrs Somner slept with witness but on the night of the funeral she was with witness only part of the night. The other part of the night Mrs Somner was attending to her grandfather. It was about 1 o'clock when he called out, and both witness and Mrs Somner went to his room. After a while witness returned to her room leaving Mrs Somner with the testator. Mrs Somner did not return to her own bed, so far as witness knew. Mrs Somner had on a wrapper. Mrs. Somner went home on the Saturday after the funeral and returned some day in the following week. During her absence her grandfather asked witness if it was true witness had been asking Mrs Somner to get him to buy her (witness) a house in Albert Park. Witness denied the statement.
    Her grandfather then said, "Would you be content to live here and witness replied yes. When Mrs Somner arrived, her grandfather mentioned the matter in her presence and Mrs Somner, commencing to cry, tried to persuade him that witness had asked her about the house. Her grandfather said, "Never mind, Grace, whatever you did was done with good intentions," and subsequently told witness that he "could see through it." Mrs Somner wanted to borrow £2 000, but her grandfather could not lend it to her at the time. She continued to visit Boscobel frequently, usually for two or three days at a time. Witness nursed her grandfather both when Mrs Somner was there and when she was not there, but he was well enough to be able to go out. Mrs Somner during her visits occupied her grandfather's room in which there was only one bed. On the Sunday following the funeral her grandfather gave witness her grandmother's jewellery and dressing case, only excepting a purse of sovereigns which he took out. Her grandfather, who was crying at the time, asked witness if she had all the keys of the house. Witness replied that she had, and her grandfather said, "This house and everything that is in it is yours. Be a good girl and take care of it." She kept the jewellery until her grandfather's return from his long visit to Beaconsfield in company with Mrs Somner. She was married in her grandfather a house on the 17th August 1886, and after the honeymoon she and her husband resided there until February, 1888. During all that time they were on friendly and affectionate terms with her grandfather.
    Mrs Somner continued her visits the same as before. Her grandfather twice visited Beaconsfield after witness's marriage, on one occasion for six weeks, in the latter part of 1886, and again in May, 1887, when he remained there for 10 months, returning in February, 1888. Mrs Somner, during her visits to Boscobel continued to occupy her grandfather's room.
    By His Honour - She first observed Mrs Somner occupying her grandfather's room shortly before her marriage and it struck her as something out of the common.
    The witness continued, - She spoke to her grandfather about this in the beginning of 1887. She told him she did not like the manner in which Mrs Somner had behaved to her of late, nor did she like Mrs Somner occupying his room. He said, "Don't fret about it. She has been away now over a week and if she never comes again I will never send for her." Witness also spoke to her husband about Mrs Somner occupying her grandfather's room. Mrs Somner and he were very loving, apparently very fond of each other. In May, 1887 her grandfather promised witness and her husband that he would not go to Beaconsfield for a few months, and told Mrs Somner so. Mrs Somner said, "Now, dad we will see all about that," and he went away next day with her. Mrs Somner always ruled him. During his absence witness and her husband wrote to him very often, but got only about two replies in his handwriting. Mrs Somner used to write frequently to let witness know how he was. When he returned to Boscobel, after his long absence in company with Mrs Somner he told witness that Mr Somner and Mrs Somner's daughter were coming next week to live there. Witness pointed out that there would not be room for all, and her grandfather said, "No, you must go" She asked him when he wished her to go, and he said, "As soon as possible, for their furniture is going to be brought in." He also said "I wish you tomorrow morning to return me your grandmother's jewels, and to give Mrs Somner the keys of the house." She asked him what it was for - if she had displeased him in any way, and he replied, "I will not hear any more about it". She waited until she saw Mrs Somner, and handed the keys over to her. Mrs Somner went to the wardrobes and put some of witness's grandmother's clothes together. The next morning witness returned the jewels to her grandfather, with the exception of a watch. In relation to this watch, her grandfather said he would have to buy another for Gracie. Witness and her husband left the house. Her grandfather, while practically turning them out of the house, did not appear to be at all angry and had some difficulty to keep from breaking down several times. In October, 1888 witness visited her grandfather at Kelso, Kew and he seemed very pleased to see her. They chatted together and he was kind and affectionate to her during the interview. She visited him three times at Kelso, and on each occasion he was very friendly, and hoped she would go again to see him as soon as she could. From January, 1889, until a few months before his death she was prevented by illness from going to see him, but when she did go he was still very friendly and asked her to go again as soon as she could. She then went to Sydney for six weeks, and when she returned her grandfather died before she could go to see him again. Whilst her grandfather was staying at Beaconsfield, Mrs Somner and Mrs Vine came to Boscobel, and went to the theatre. When they returned after the performance it appeared they had had a quarrel about her grandfather. Mrs Somner said she loved her grandfather and Mrs Vine said she loved him too, only from different motives. Mrs Vine said she never wanted anything for services she rendered him, and accused Mrs Somner of always wanting to be paid for whatever she did.
    Cross-examined by Dr Madden - Except on one occasion when Mrs Somner's daughter was present, she and her grandfather were left alone when she visited him. She liked Mrs. Somner very much at first. Whenever her grandmother had had a serious illness and was recovering, she took a dislike to witness - a dislike which the doctors said arose from softening of the brain, and it was at such a time that witness was sent by her grandfather to stay at Beaconsfield. Mrs Somner's occupying the same room with her grandfather struck witness as an affront to her (witness's) morality.
    Dr Madden read a letter, dated Boscobel, August 11, 1886, from witness to Mrs Somner, in which she addressed the latter as "Dear Foster Mother," gave family gossip, and subscribed herself, "With fondest love and kisses to all, ever your loving child, Sophie."
    Witness - We were very friendly then.
    Dr Madden read similar letters of September 3,1886, beginning " My Dear Grace, ' and of January 25, 1887, beginning " My Dear Mrs Somner," and asking Mrs Somner to come and stay, and to kiss Mr Moss, senr., for witness.
    Witness - It was after those letters that Mrs Somner and she were not friends, and that witness considered Mrs Somner's conduct amounted to impropriety.
    Dr Madden put in a letter of August 2, 1887, from witness to Mrs Somner, in which the latter was addressed as "Dear Mrs Somner, whom she again asked to kiss her grandfather for her. Then came a letter of September 19, the same year, in which witness indignantly denied having said anything against Mrs Somner's character, and said that if she (witness) did not think Mrs Somner a good woman she would not recognise her as a friend for all the riches in Melbourne" No, not even to please grandfather"
    His HONOUR - Have you any explanation to offer as to that? In May, 1887, you thought Mrs Somner's conduct wrong - something more than nursing.
    Witness - Yes. But all that letter was intended for was to deny that I had ever called Mrs Somner those names which I was said to have called her.
    Dr Madden read the sentence beginning - "If I did not think you a good woman,' &c.
    Witness -That letter was simply to deny I had ever called Mrs. Somner those names. That is the only explanation I can offer.
    Dr Madden read further letters - one of October 13, 1887 - from witness to her grandfather in which she sent her kind regards to Mrs Somner.
    Witness, in answer to Dr Madden, said that when she was nursing her grandfather she sat in an easy chair with her head against the side of the bed. After she left her grandfather's house, he gave her £100 with which to buy furniture. That fact had escaped her memory when giving her evidence in chief.
    Mr Topp - Will you explain how it was, after you thought Mrs Somner's conduct a great impropriety, you wrote letters couched in that particular language?
    Witness - At times Mrs Somner threatened if we were disagreeable to her in any way she would take my grandfather away altogether, and that made me rather more gushing than I otherwise would have been. I did not want to quarrel with her.
    Richard P Moss, grandson of the testator, said he was employed as a clerk in the firm of his late grandfather. In May, 1887, Mrs Somner told him that Sophia had some extraordinary power over Mr Moss, but whatever power that was, her's (Mrs Somner's) was still greater. On another occasion she deprecated the idea of any immorality between herself and his grandfather, and talked about taking everything away from George. Witness, who had reason to believe that he was then entitled to a half share in his grandfather's business, expressed the hope that she would not interfere with his share. Mrs Somner called God to witness that she would not let Mr Moss interfere with witness's share. In July, 1889, at Kelso, Kew, Mrs Somner said to witness that she had punished Mr Moss's two sons for their behaviour to her. She said it was not so much Mr Moss's money she wanted as revenge, "And," she added, "my word I have got it". She went on to say that in his grandfather's presence, witness's father had called her a "dirty beast," and that his grandfather then sat up in bed and said "You will remember this." At the same time - July, 1889 -Mrs Somner told witness, "I have taken every penny from your father that I can, and he will feel it that way most". She also said something about having made all preparations for leaving the country, and added, "I threatened to take everything away from Sophie, and you see I have done it. You know, Dick, I could take every penny away from your family if I liked, and if I am annoyed any more I will do it". The same day at Kelso his grandfather said it was shameful the way Mrs Somner had been talked about, for she was a good woman. Subsequently Mrs Somner told witness that his grandfather had left him only £150 a year, because he had talked about her the same as the others, and said it was no use witness trying to explain, for his grandfather would not believe him on his oath. Witness, outside his own family, had never talked about Mrs Somner's relations with his grandfather until after the latter's death. The day before the death, Mrs Somner said to witness she hoped the old man would not recover. She said she was sick and tired of it, for Mr Moss's temper was getting unbearable, and he swore terribly at her at times. She said she could make him do anything she liked if she threatened to leave him. In September, 1889, when they were discussing his grandfather's affairs at Kelso, Mrs Somner said, " What do I care for the name I'll get? It will soon blow over, as a nine days' wonder, and I have got the dollars," smacking her pocket as she used the words. She said Sophie's treatment served her right for her conduct towards her (Mrs Somner).
    Witness went on to state that on one occasion Mrs Somner made an assignation with him in Melbourne, and he met her at Flinders street station.
    Dr Madden -Before this arrangement was made at Boscobel, something transpired when you were going home with her?
    Witness -Yes, coming down from the train, Mrs Somner had her arm around my back, and kissed me. I had met her frequently at Mr Moss's house, and she often put her arms around my waist and kissed me. On another occasion Cousin Sophie and Mrs Somner were sleeping together at my grandfather's. I had occasion to go to their room for whisky for grandfather, and Mrs. Somner kissed me in the presence of Sophie.
    Further examined by Dr Madden - Witness presented a cheque for £5, signed "Henry Moss." He knew it was forged, but it was forged by another man who was at one time in a Melbourne bank. The body of the cheques were in witness's handwriting, but he did not forge them. The one cheque was forged by a man whose whereabouts he did not now know. The firm to whom witness presented the cheque would not cash it. He presented it to another firm, and the deficit was afterwards met by his grandfather. He thought there were only three cheques of the kind altogether.
    Dr Madden - Are these six cheques produced not those forged by you or the person of whom you speak, and stamped with the office stamp to which the other person could not have access?
    Witness - These are not the cheques. So far as I can remember, the stamp at that time was an ink one, and this is embossed.
    Dr Madden - Do you swear that none of those cheques are the cheques which were forged, and then uttered by you?
    Witness - I swear none of those cheques were uttered by me.
    At this stage the Court adjourned until 10 o'clock this morning.38
  • 8 Feb 1890, THE PORT MELBOURNE WILL CASE. MOSS V. SOMNER AND ANOTHER. FRIDAY, FEB. 7.
    The hearing of the action, Moss v Somner and Another, was continued at the Supreme Court today, before the Chief Justice and a jury of twelve. In August last Mr Henry Moss of Port Melbourne, the proprietor of a lightening business, died, leaving property valued at £31,355, which, with the exception of some legacies to members of his family, he bestowed by will on his nurse, Mrs Grace Somner. Mr. W. P. Vine and Mrs Somner were appointed executor and executrix under the will. When probate was applied for a caveat was lodged by the plaintill, Mr Henry Edward Moss, eldest son of the testator, on the ground that undue influence was used by Mrs. Somner to get the will, with codicils, made in her favour. The issue for trial was whether undue influence had been used. Mr. Purves Q.C., Mr. Topp, Mr. Isaacs and Mr. Irvine appeared for the plaintiff and Dr. Madden, Mr. Higgins and Mr. Hayes tor the defendants. The hearing of evidence for the plaintiff was continued.
    Charles Duncan Yunken, solicitor, and son of Mr. E. F. Yunken, the mortgagee of Mrs Somner's property at Beaconsfield, said he was formerly conveyancing clerk to Messrs. Taylor, Buckland and Gates. The mortgage was paid off by a cheque of Mr Moss, witness acting in the matter under instructions from Mrs Somner. The amount was £2,200.
    Harry Hall, master mariner said he was married to a daughter of Mr. Moss. He never had words with his father-in-law except once. He gave a general corroboration to the evidence of previous witnesses and gave particulars of a visit he paid to Kelso. He had a talk with Mr. Moss. Mrs Sumner was there, and advised witness to make over some property to his daughter, and she would make Mr. Moss do more for her. Witness resented her interference as impudent, and expressed that opinion to Mr. Moss. The latter said, " Look here, old man, you know your business?"
    Witness replied "Yes," and Mr. Moss said, " So do I mine." Witness asked why Sophia was leaving, but while Mrs Somner said it was true, Mr. Moss said nothing. Mrs Somner said the jewellery was hers, and Mr. Moss made no opposition. About the time of Sophia's marriage, Mr. Moss said to witness that she was the nearest and the dearest in the world to him, and that Boscobel and all in it was hers. On one occasion Mr. Moss returned from Beaconsfield in a hurry, and he and Mrs Somner told witness that he was weak, and that the doctor had said that if Mr Moss died at Beaconsfield he would not give a certificate. On another occasion Mr. Moss wished to remain at home and not go to Beaconsfield, but Mrs. Somner insisted on his going to the latter place.
    Dr MADDEN - Were you ever convicted of biting off the nose of a man named George Robins?
    Witness - He lost his nose in California
    Dr MADDEN - Were you not charged in the Court of General Sessions with having assaulted George Robins?
    Witness - I was.
    Dr MADDEN - Was not the evidence that you seized him on the pier at Sandridge, put him down on a bale or something, and you took his nose in your teeth, and, while he shrieked for mercy, you bit off his nose ?
    Witness.-Nothing of the sort - emphati- cally not true.
    Dr MADDEN - Will you tell us what was the evidence given against you on that occasion?
    Witness explained that he was at the end of the pier when Robins came and, using opprobrious epithets, used extreme violence to him, nearly gouging his eye out, and otherwise injuring him. Witness, some of whose family had died in strait waistcoats, was very excitable, and ultimately a jury found him guilty of a misdemeanour.
    His HONOUR -What misdemeanour?
    Witness -I forget the technical terms. The jury added to their verdict that I had received gross and grievous provocation. I went to gaol, and the people of Port Melbourne made a noise, and I had a free pardon after some time. Mr. and Mrs. Henry Moss met me when I came out of gaol, and I stayed a week with them.
    Dr MADDEN - At the time you saw Robins on the pier had he a nose?
    Witness - he had only part of one - the rest of it was in California. (Laughter ) I know the man who did it, because Robins nearly gouged his eye out.
    Dr MADDEN - At all events, had he less nose after your encounter?
    Witness - He had one cartilage less than when we commenced. (Laughter )
    Dr MADDEN -Your explanation is that you ate only half his nose? (Laughter )
    Witness - I was suffering from excessive pain and if I did it it served him right. Whether I did or did not I expiated that crime. If Dr. Madden was a gentleman he would not ask those questions.
    His HONOUR -Dr. Madden is only doing his duty in trying to elicit the truth from you. As a witness you are justified in making any explanation, but you are not justified in going beyond that.
    This evidence closed the case for the plaintiff.
    Dr MADDEN , addressing the jury, reviewed the evidence already given. Although Mrs Somner had inherited under the will, if it were a good one, a very considerable portion of the property, and in her lifetime received very handsome presents, the testator at the same time made ample provision for his family, giving legacies to pretty nearly every one. The testator was nursed by Mrs Somner through good and evil report.
    Mrs Somner had wound herself around the heart, and gained the affection of the testator until he was more and more disposed to benefit her while the idea of benefiting his family had, by reason of their conduct, become distasteful to him. The plaintiff had closed his case without showing that at the time any one of those wills was executed there was any interference good, bad, or indifferent on the part of Mrs Somner. Evidence would be given that while at Beaconsfield the testator, in a conversation with a third party, said that his family had alienated themselves from him, and that he intended to materially benefit Mrs Somner under his will. All the details of the will showed it to have been drawn up in a thoroughly business-like way. The testator lent Mrs. Somner £50 to enable her to take the Beaconsfield Hotel, and from that time she felt a keen sense of gratitude towards him, and was ready to do him any service; and she would positively swear that never at any time was there any impropriety between them. If ever a man had his wits about him when he made his will the testator had, and there was no evidence whatever to support the allegation that the Moss family were denied free access to the testator.
    The hearing was further adjourned until 10 o'clock on Monday morning.39
  • 11 Feb 1890, some more articles 19 Feb 1890
  • 12 Feb 1890, THE PORT MELBOURNE WILL CASE.
    MOSS V. SUMNER AND ANOTHER. EVIDENCE OF THE TESTATOR'S SOLICITOR. TUESDAY, FEB. 11
    The hearing of the case of Moss v Somner and Another was resumed today at the Supreme Court, before the Chief Justice and a jury of twelve. In August last Mr Henry Moss, of Port Melbourne, the proprietor of a lightering business, died, leaving property valued at £31,355, which with the exception of some legacies to members of his family, he bestowed by will on his nurse, Mrs Grace Somner. Mr W P Vine and Mrs Somner were appointed executor and executrix under the will. When probate was applied for a caveat was lodged by the plaintiff Mr Henry Edward Moss, eldest son of the testator on the ground that undue influence was used by Mrs Somner to have the will, with codicils, made in her favour. The issue for trial was whether undue influence had been used. Mr Purves Q.C., Mr Topp, Mr Isaacs, and Mr Irvine appeared for the plaintiff, and Dr Madden, Mr Higgins and Mr Hayes for the defendants.
    Evidence was continued on behalf of the defendants.
    Edward Augustus Atkyns, solicitor to the testator, examined by Dr Madden, produced a precis of each of the previous wills of the testator, except that of May, 1887, of which he only possessed the draft instructions. When the testator spoke about his son's wives complaining of their husbands he directed witness to allot part of the annuities to his daughters- in-law so that they might be independent. The testator also said that his sons had been making statements derogatory to his moral character with regard to Mrs. Somner, and was very indignant. He said the statements were abominable lies and he would punish his sons for making them. On the instruction of the testator witness wrote to the sons forbidding them the house, and Mrs Somner also instructed him to write as to the aspersions on her character Witness never heard of any reply from the testators sons to those letters. Mr E O Moss called on witness and denied that he had traduced Mrs Somner, and at witness's request made a statutory declaration to that effect. Witness detailed the various wills made by the testator, and said that the latter, when the instructions were given, was in full possession of his his mental faculties.
    There was nothing to indicate that he was not acting with perfect freedom. On Sunday, 14th October, 1888, in consequence of a message, witness went to Kelso, and saw the testator.
    Dr MADDEN - Tell us what occurred and what was said on that occasion.
    Witness - The testator was smoking a cigar after dinner. There were some friends with him at the time, but they all left the room. After a little general talk, he gave me instructions about the will which is now in dispute. I had not the previous will, but he knew what was in it, and what alterations were wanted. The alterations were these:- Stationmaster, Edwin (a grandson) to be cut out, Sophia Moss (formerly S M Smith) an annuity of £50 a year, as against £37 10s a quarter before; Ellen, daughter of Henry, £50 a year, as against £150 before. Harriett Hill, sister-in-law and widow, £50 a year. In consequence of some conversation with his family, Mr Moss resolved to confirm and make secure all gifts and sales to Mrs. Somner. He said his family had been talking to him about Mrs Somner, and insinuating that they would try to upset the will. In the business Tracey was to have one third.
    His HONOUR - Only tell us the alterations. Tracey had one third of the business in the last will.
    Witness - The testator already had a will and two codicils, and the alterations which he proposed were so numerous that I suggested a new will.
    His HONOUR - What are the changes in addition to those you have already mentioned? How were the sons affected?
    Witness - The sons were not affected at all in the new will. Mrs Somner had to have one third of the income of the business for life, Richard P Moss one-sixth of the business for his life, and Alfred Hill one-sixth for life. After Mrs Somner's death her share had to go to her husband, and eventually to her daughter, Priscilla Hall. Mr Tracey could dispose of his share as he liked at his death. In the previous will he only had a life interest. Mr Tracey and Mrs Somner were made joint executors. Three grandchildren, the Halls, each had to have £200 instead of £1,000 each left in the previous will. These were the only instructions I received, and we then had a general chat together. Mrs Somner was out of the room the whole time. He observed no indication of any control, or any change from the testator's usual manner. A will was prepared by Mr Hayes from my instructions, and on the 20th October I went to Kelso and went through Mr Hayes's draft to Mr Moss. On this occasion Mrs Somner may have been in and out like a nurse, but I did not take much notice. She did not interfere in the business at all. There were some points which Mr Hayes had queried, and the testator discussed them and gave such further instructions as I required, approving of the draft as amended. Neither on this occasion did the testator seem to be under the control of anyone. On the 22nd October I went with the engrossed will to Kelso, taking with me at Mr Moss's request, Mr Bryant, who had been staying at Beaconsfield. Mr Moss was in the diningroom, and I think we were alone. I read the engrossment over to him and he said it was all right. Mr Bryant then came into the room, and after a general conversation I suggested that it would be as well to sign the will. Mr Bryant asked Mr Moss if the will had been read over to him, and Mr Moss said "Yes".
    Then the deed was executed by Mr Moss in Mr Bryant's presence, and I attested it in the usual manner. After the will was executed we remained some time, and there was a general conversation.
    Dr MADDEN - Up to the last moment you had anything to do with the execution of that will did you see anything like influence or restraint over his actions?
    Witness - Not the slightest. His mental power was as strong as any man could wish to have, and he was certainly under no influence of Mrs Somner. If I had thought he was, I could not have taken the instructions.
    Dr MADDEN - Do you remember being sent for again on the 21st November 1888?
    Witness - Yes, I went to Kelso on the morning of the 22nd, and saw Mr Moss in his bedroom, suffering from the gout. He gave instructions for a codicil, by which Alfred Hill and R. P. Moss were each left £150 per annum for life, and no share in the business, which was equally divided between Mr Tracey and Mrs Somner. I took the engrossment up on the 23rd, and read it over to Mr Moss, who said it was all right. The codicil was executed in the presence of Mr Scribner, Mr Bryant, and myself. Again I saw no evidence of influence or control. In July, 1889, I was again sent for in regard to the second codicil. On this occasion Mrs Somner was there, and, I think remained the whole of the time. Mr Moss seemed to be very much annoyed about something. Mrs Somner said, " Dad is in a tremendous rage. He has had a letter from Tracey."
    Dr MADDEN - Was this in Mr Moss's presence?
    Witness - Oh, yes Mr Moss said, " Yes," and handed me the letter, which I read. Mr Moss and, " If I had been well enough, I'm ------ if I would not have gone in and dispensed with his services." He said Tracey was not treating him well in asking him for an increase in salary, as he considered that the salary then given was a handsome one. He added that he had given Tracey several gratuities, and he thought that Tracey should have been satisfied with his present position and his expectations under the will. He then said that he intended to make an alteration so far as Mr Tracey was concerned ; that he would give him the £15 a month extra, and cut him out of the share in the business. Mr Moss said, " He ignores the fact altogether that although we had the good year he speaks of, thousands of pounds were expended in plant and repairs." Mr Moss then gave me instructions for a codicil. He told me that Richard P Moss had called on him and asked him to make some provision in his will that he should be employed in the business, alleging that he (R P Moss) believed that Mr Tracey would turn him out as soon as the testator died. Mr Moss instructed me to put a clause in the codicil that R P Moss should be employed for life at a salary of £3 a week, as he was in bad health, in addition to the annuity of £150, and, in order to make his daughters-in-law independent of their husbands, I was to give £150 a year to them instead of £50. All the annuities in the will and codicils had to be subject to the business being able to afford them, and to be reduced if the business should go back. He directed me to appoint Mr Vine trustee and executor in the place of Mr Tracey. Mr Vine was to receive £50 a month salary and a portion of the profits subject to the legacies, and to devote his whole time and attention to the business. Mr Tracey was still to receive £50 a month and a quarter of the profits, and to devote his whole time and attention to the business, and the clause as to his receiving half the capital and half the business was revoked. Not knowing anything of Mr Vine, I asked who he was, and if Mr Moss knew him well enough to appoint him trustee, and Mr Moss replied "Yes, I have known him ever since he was a little boy and that he had implicit confidence in him or words to that effect. He added that Mr Vine was a shipping clerk who thoroughly knew the business, and would be able to manage it if anything happened to Tracey.
    His HONOUR - They were to be joint managers?
    Witness - Yes, only Mr Vine was also joint trustee with Mrs Somner.
    Dr MADDEN - Anything more?
    Witness - He said that he wished the annuities as they fell in to go to Mrs. Somner; if she were dead, to Mr Somner and, failing him to Miss Paul. Tracey's and Vine's life interests had also to go to Mrs Somner and her family. He said he wanted to tie Tracey and Vine down as much as he could so, as to make them continue in the business, and I took instructions that neither had power to sell or mortgage his interest in the business, and that, in the event of the insolvency of either, his interest was to cease.
    Dr MADDEN - Did he seem to be master of himself on that occasion?
    Witness - Very much so on that occasion.
    Dr MADDEN - Did he seem to be influenced in any way?
    Witness - No except that Mrs Somner spoke to him, and tried to make it as smooth as she could for Tracey.
    Dr MADDEN - What did he say to that? Witness - He did not seem to take any notice of what she said. He seemed very angry, and I think the result proved that any interference on her part had very little effect. In further conversation, Mr Moss gave instructions that Mrs Somner should she wish to leave the colony, should have power under the will to appoint someone to act as trustee for her during her absence. The codicil was duly engrossed and executed, as before. The defendant was still clearheaded and not under any control.
    Dr MADDEN - It has been more or less definitely suggested that you were associated with Mrs Somner in putting up this will. Is there any truth in the suggestion?
    Witness - Not the slightest.
    Dr MADDEN - Have you ever acted as solicitor for Mrs Somner?
    Witness - In November, 1886, as to the letters to Mr Moss's sons, and I have acted for her since in preparing the conveyance of the terrace of houses to her. Practically on those occasions I was acting for both Mr Moss and Mrs Somner. I also acted For her when she sold Beaconsfield and when she bought Kelso, and generally as her solicitor, but I am most decidedly not influenced by this in giving my evidence. I never saw anything at all improper, or suggestive of impropriety, in word or deed, between Mr Moss and Mrs Somner. Mr Moss seemed to be fond of her as a father would be of a daughter, and often expressed his gratitude to her.
    Mr TOPP, cross examining - If you are the unbiased person you say you are, why did you refuse us access to the previous wills of Mr Moss?
    Witness - Because to carry out Mr Moss's desires I didn't think it right.
    Mr TOPP - Why did you refuse?
    Witness - Because I think I was justified in doing so. I might as well have shown my brief to the other side.
    Witness - Why? I don't follow you.
    Witness - I did not see why I should provide those wills to you.
    Mr TOPP - Then you wanted an advantage over us?
    Witness - I don't see any advantage. Of course, it you put that construction upon it -
    Mr TOPP - Was it because it would strengthen the defence of the present will that you objected?
    Witness - I don't think it was. Each will made Mrs Somner to benefit more than the other.
    Witness - The early wills do not mention her name?
    Witness - Not the very earliest.
    Mr TOPP - I will take you presently step by step through the advantages Mrs Somner got. What was your motive, if not to injure the case of the other side, for refusing?
    Witness - I always do decline to produce such things, as a rule. I considered the documents privileged communications to me, and I did not think that the testator would like his family to know the various disposi- tions of his will.
    Mr TOPP - You knew it would come out in court?
    Witness - I knew that.
    Mr TOPP - But we were to be kept in the dark until the last moment. You get a benefit if this will be established?
    Witness - I don't know what benefit I get.
    Mr TOPP - You are solicitor to the estate, and you will not be solicitor if the will fails?
    Witness - I presume not. So far as this action goes I will get my costs.
    Mr TOPP - Your costs, which will be heavy, come out of the estate?
    Witness - What cheques I have drawn have been given by the executors.
    Mr TOPP - So that you are fighting us with the very money which might belong to us. Do you think that right?
    Witness - Yes, certainly. The executors are bound to support the will in all cases.
    Mr TOPP - You are paying exceptionally large sums to uphold this will.
    Witness - Well, we are paying very heavy fees to counsel.
    Mr TOPP - Supposing the case is decided against your clients, how will this money come back to the estate?
    Witness - In 999 cases out of a thousand -
    Mr TOPP - Do you know any method by which the money would come back to the estate?
    Witness - If such a thing should happen, and the executors were not allowed the costs, I believe Mrs Somner would pay them herself. I do not think I ever had a client for whom I prepared 20 testamentary documents. I have had clients who made a greater number in one year. I do not see anything incompatible with a strong mind in the making of those wills, if Mr Moss believed the stories about his family to be true. Mr Moss said that Mrs Somner was more a child to him than any of his family. Some times Mrs Somner came to seek me to go about those wills. I did not suggest to Mr Moss to see his sons and find if what was said of them was true. He was perfectly able to manage his own affairs. I sent the statutory declaration of the son to the father a few days later. The will of 1873 was generally in favour of the family, with provisions for the sons in the business. The first time Mrs Somner's name appears in a will is as a witness in May, 1886, and in June of the same year she appears as a legatee for £1,000 under life policy. All the eleven wills up to June, 1886 were generally in favour of his children and grand children, and no stranger got any substantial benefit.
    Mr TOPP - Did the testator tell you any reason why this sliding scale of benefits to Mrs Somner went on?
    Witness - Mr Moss told me she was devoting all her time and attention to him. I did not go into his minor motives. I suppose he felt the more gratitude the longer she waited on him. He was always expressing his gratitude, and the only wonder is he did not disinherit everybody for her. I took three witnesses to the will, because there was some talk of disputing the will on the ground of insanity.
    The examination of the witness was concluded and the Court adjourned until this morning.40
  • 13 Feb 1890, Additional interest was given to the will case, Moss v Somner and Another, in the Supreme Court yesterday, when Mrs. Grace Somner appeared in the witness box. In August last Mr Henry Moss of Port Melbourne, proprietor of a lightering business died, leaving property valued at £31,355, which with the exception of some legacies to members of his family, be bestowed on his nurse, Mrs Somner. Mr W P Vine and Mrs. Somner were appointed executor and executrix under the will.
    When probate was applied for, a caveat was lodged by the plaintiff, Mr Henry Edward Moss eldest son of the testator, on the ground that undue influence was used by Mrs Somner to have the will, with codicils, made in her favour. The issue for trial is whether undue influence was used. Mrs Somner explained that her acquaintance with Mr Moss began in 1876, at the Yarra Hotel, Melbourne, where she and Mr Somner were staying, and where Mr Moss used to take luncheon. Mr Moss had known her father in England, and he became her firm friend. Then he advanced her money, and made her presents as detailed in evidence, all, she said, out of pure frendship and gratitude for her services to him. She indignantly denied all allegations of impropriety made against her. In making these denials Mrs. Somner became very hysterical, and wept copiously. A little reminder from the Chief Justice steadied her, however, and the remainder of her evidence was given calmly and quietly. Her examination had not concluded when the Court adjourned until today.
    Mrs. Grace Somner, the principal defendant in the will case, Moss v Somner and Another at present engaging the attention of the Chief Justice in the Supreme Court, has had a somewhat remarkable career. She is a native of England, her father whom the late Mr Henry Moss said he knew, living on the Whitstaple coast. Her first husband, whose name was Paul, deserted her at Ramsgate in England, in 1870. Hearing that he had been drowned, she went as maid to Scotland with a family, with whom she had previously travelled in a similar capacity to Russia. At Leith she took a stewardess's berth on a steamer in which the family with which she was employed were part owners, and sailed to England and various Continental ports. Then she signed articles for three years and in course of time visited Hong Kong, Dunedin, Sydney, San Francisco and other places. In consequence of illness, she was obliged to leave her ship and, after being disappointed as to a free trip home, found her way from Wellington to Melbourne. Being short of funds she took a situation as barmaid at the Theatre Royal. It was at this time that she became acquainted with Mr Somner, and after having been a month at the theatre she went with him to Port Darwin. In 1878 she went to England and brought out her two children by her husband, Paul. After this Paul turned up alive in Melbourne. He went to lodge at Albert Park, and Mrs Somner sent their eldest daughter to stay with him to see whom she would chose as between her father and her mother. The daughter elected to stay with her mother, and Paul returned to England. Subsequently Mrs Somner received a letter from her brother saying that Paul was dead, and adding that it was a "good riddance." Then she married Mr Somner, Mr Moss giving them £100 towards their expenses.41
  • 13 Feb 1890, THE PORT MELBOURNE WILL CASE. MOSS V. SUMNER AND ANOTHER. EVIDENCE OF MRS. SOMNER, THE CAREER OF THE EXECUTRIX. WEDNESDAY, FEB. 12.
    The hearing of evidence in the will case Moss v Somner and Another was resumed to day in the Supreme Court before the Chief Justice and a jury of twelve. In August last Mr Henry Moss, of Port Melbourne, the proprietor of a lightering business died, leav ing property valued at £31,355, which, with the exception of some legacies to members of his family he bestowed by will on his nurse, Mrs Grace Somner. Mr W P Vine and Mrs. Sumner were appointed executor and executrix under the will. When probate was applied for a caveat was lodged by the plaintiff Mr Henry Edward Moss, eldest son of the testator, on the ground that undue influence was used by Mrs Somner to have the will with codicils, made in her favour. The issue for trial was whether undue influence haod been used. Mr Purves, Q C , Mr Topp, Mr Isaacs, and Mr Irvine appeared for the plaintiff, and Dr Madden, Mr Higgins, and Mr Hayes for the defendants.
    William Henry Goff, of All Saints' Grammar School, St Kilda, examined by Mr Higgins said -I have a residence on the hill near Beaconsfield Hotel. For years I went repeatedly to the hotel, and knew Mrs Somner. I remembered Mr Moss coming to Beaconsfield in 1886. That was the beginning of my acquaintance with him. At the hotel, where I always dined on Sundays, I have seen Mrs. Somner give Mr Moss his glass of grog and hold it to his mouth and also light his cigar for him. She would also try to make his seat as comfortable as possible, placing a footstool and patting his foot on it. She would assist him from the room by putting his arm around her neck. I also have assisted him to his room door. There were two beds in his room-a large one and a small one. Mr Moss had very large lumps on his hands, and suffered from tremor, and was generally physically weak. I had many conversations with him and he was a clear headed man, not easily put out from any point he wished to attain.
    Mr HIGGINS.-There is a suggestion that he was a sort of a tame pet led about by Mrs Somner. Have you seen any indication of that?
    Witness. -The idea is simply absurd.
    His HONOUR.-What do you say you think to be absurd ?
    Witness.-The idea of him being a tame bird led about by Mrs Somner.
    Mr HIGGINS -Was he led about by Mrs Somner so far as you could see! Witness -I do not think so.
    Mr HIGGINS -Yon have spoken of general conversations. Had you any particular conversation you can remember?
    Witness.-On one occasion we were talking about the precocity of colonial children. I sail I believed that from some cause or other colonial children were not so affectionate as those at home. Mr Moss said, " What do you think of a man placed in this position, whose children say, 'I wonder how long the old man is going to last, and how he will cut up ?'' I said I did not be lieve that any children would speak that way of their parents, and Mr Moss said,
    "That is my case, Mr Goff." I said it was no friend of his or his family that would re peat such things to him. I did not know his family and never saw any of them until in court. On the Sunday in October, 1888, when Mr Atkyns came to get instructions about the will, I was at Kelso, and remarked how well Mr Moss was looking, and Mr Moss replied, "Yes, thanks to my nurse." I never saw any sign of impropriety between Mr Moss and Mrs Somner.
    Cross examined by Mr Topp -I cannot recollect the year or the time of year I first met Mr Moss. I think it was the spring. It was in the railway station at Melbourne that I was introduced to Mr Moss and Mr Tracey by Mrs. Sumner. She was in the same compartment with Mr Moss. I was seeing a friend off at the time, but I do not recollect who that friend was. I was a friend of Mrs Somner-that is as a frequent visitor to the hotel. I had gone to Kelso on that Sunday simply to see Mr Moss, and to thank him for having, on one occasion, allowed Mrs Sumner to come and record her votes for me when I was standing for the Berwick Shire Council. It was a coincidence that Mr Atkyns should come on that day. It was only on one occasion that I saw Mrs Somner light Mr Moss's cigar, but on more than one occasion I saw her hold the grog to his month. I presume he was unable to light a cigar, but I could not say whether he was unable to hold one. It was the lighting of the cigar that struck me as peculiar.
    Mr TOPP. -How did it strike you as peculiar ?
    Witness -It was so funny to see a woman light a cigar.
    His HONOUR.-She put it in her mouth ? Mr TOPP -She drew it ?
    Witness -Yes, and I began to laugh when I saw her do it.
    Mr TOPP -How did he eat his dinners ? Did he handle a knife and fork ?
    Witness-I cannot remember I have no notion. I saw him at dinner some half dozen times over two years. Altogether I saw him over a dozen times-repeatedly.
    Mr TOPP. -How do you arrive at the conclusion that he was a strong willed man ?
    Witness. -He gave me all that impression.
    Mr TOPP -How ?
    Witness. -Well, from his general conversation.
    Mr TOPP.-But you cannot give any specific instance that enabled you to arrive at that conclusion ?
    Witness -No.
    Mr TOPP. -Did it not seem strange to you that a man of strong will should repeat to you, a stranger, little tattle about his family ?
    Witness. -No. That was led up to in general conversation. I took it he was giving me his experience of colonial boys.
    Mr TOPP -Do you know that his sons are not colonial boys.
    Witness. - I don't know. I don t know anything about the family.
    Dr MADDEN -Perhaps Mr Moss was showing that his sons were as bad as colonial boys.
    Mr TOPP. -Can you explain how it was he instanced his English sons as examples of want of affection in colonial boys ?
    Witness. -I don't know, except I adopt the suggestions of Dr Madden.
    Mr TOPP. - Do you adopt it ?
    Witness. -No, Mr Moss made no remark when I said it was no friend of his or his children that repeated to him what the latter said. I think it was wrong to repeat such things.
    Thomas Upton, assistant to the deputy registrar of shipping, said that on several occasions Mr Moss did business with him in regard to ships. The last was about a fortnight before his death. Mr Moss seemed to be in full possession of his mental powers, and quite able to transact his own business.
    Mrs Somner did not interfere on any of these occasions.
    By Mr ISAACS -My experience with him was merely in regard to declarations as to ownership of vessels.
    Herbert W Bryant, barrister of the Supreme Court, said,-I knew the deceased 12 or 15 months prior to witnessing the first will in 1887. I became acquainted with him at the Beaconsfield Hotel, where I at odd times stayed the week end. He was then physically weak from chalky gout, and could scarcely hold a pen but mentally he was vigorous, and enttered into conversation with animation. Mrs Somner was the person who attended to him and he seemed to look to her for help and assistance in everything. In April, 1887, Mr Moss told me that his life had been lonely and miserable, because, although he had a family, his children were, in fact, no children to him. He spoke of his family's want of care and attention, and said Mrs Somner and family had always treated him with very great kindness. He told me he had met Mrs Somner some time before by accident at lunch at some hotel-where, I cannot recollect - and that in conversation with her at lunch, or after lunch, he had found that they had mutual friends at some village or town in England. That Mr. Moss told me, was the beginning of an acquaintance which had continued ever since. When witnessing the wills spoken to by Mr Atkyns, I purposely entered into conversation with Mr Moss to ascertain the state of his mind, and I found him perfectly sound and clear. He was under no restraint as regards Mrs. Somner, except that he was very fond of her. I had never the slightest suspicion of his mental powers ; but it was an unusual position for me to occupy, and I simply exercised caution. I had no suspicion that he was under undue influence. There was no evidence of that before me so far as I could see. There were no indications of any impropriety between Mr Moss and Mrs Sumner. I was briefed to witness the willa on the three last occasions.
    Mr TOPP (cross examining)-In your experience have you ever heard of a barrister being briefed to witness a will ?
    Witness. -I cannot say I have.
    Mr TOPP. -You never heard of such a thing ?
    Witness. -No one ever told me and I never made it my business to inquire.
    Mr TOPP. -Now, I am going to ask you
    another question-What was the fee you got?
    His HONOUR -I don't think that is a proper question.
    Witness.-I have no objection to answer not the least.
    His HONOUR.-There is no obligation to answer the question.
    Mr. TOPP (to witness).-That you were briefed, as you call it, simply amounted to this, that you got a fee for being a witness ?
    Witness.-I got a brief with a fee marked on it, which, I believe, was paid.
    Mr. TOPP -On the three last occasions ?
    Witness - Yes, to the best of my recollection.
    Mr. TOPP. -Did you consider it an indication of a strong mind in a man to tell a casual acquaintance private affairs about his children ?
    Witness -I did not consider it as showing weakness of mind. People, when smoking together, sometimes exchange confidences. I should expect, where undue influence was alleged, that the person alleged to have exercised that influence would be present at the execution of the will, to see that that influence did not wane. I did not understand that I was called as an expert in insanity, but I had heard, between the execution of the first will at Beaconsfield and that of the second at Mr. Atkyns's office, that Mr. Moss and been informed that his family were raising some objections to the disposition of his property, and he desired to make his will so that there should be no doubt as to what he meant, I never heard insanity or undue influence suggested; but I understood that his family were raising some objections.
    His HONOUR. -Would that require a special witness ?
    Witness.-I should not think so.
    Mr. TOPP.-What was the benefit of your presence ?
    Witness.-That I never heard. I understood that Mr. Moss desired me to be present, inasmuch as I had witnessed previous wills.
    Mrs. Grace Somner, one of the defendants, examined by Dr. Madden, said,-I am at present out of business, living at Kelso. I am the executrix under the will of the testator. I first became acquainted with him in February, 1876, at the Yarra Hotel, Flinders street, next door to his then office. My husband and myself, who were staying at the hotel, used to meet him at dinner, where he used to sit quite opposite to us. We had just returned from Port Darwin, and I used to tell him about that. We went to the West Coast of New Zealand for two years, and on returning to Melbourne in 1878 we again went to the Yarra Hotel. I met Mr. Moss across the table again. I went home to England, and returned to Melbourne in December of the same year, bringing my children, whom I had gone to fetch. Those children were by a former husband, and their names were George and Priscilla Paul.
    Dr. MADDEN-There is a suggestion by counsel that there was some difficulty as to our relations to Mr. Somner.
    Witness.-I was married to Paul, and had three children by him. The last one died. Mr. Paul deserted me in Ramsgate, in England, in 1870. I looked for him, and heard he had been drowned from the Billyboy sloop. I afterwards went to Scotland as maid to a family with whom I had been to Russia. Afterwards I became a stewardess at Leith on a steamship in which the family I had been with were interested, and made several trips to the Continent and other places, until August, 1873. All that time I had not heard that my husband was living. In 1873 I signed articles for three years in the Mikado as stewardess.
    I went first to Hong Kong, then to Dunedin ; then to Sydney ; then to San Francisco ; returned as far as Fiji, back again, I think, to San Francisco. There I was stricken with rheumatic fever, and had to leave the ship in the beginning of 1874. I stayed some time in Wellington, New Zealand, to which I was carried, and then I had a letter to say I could have a free trip home. I did not get it, and came to Melbourne. I had no money, and was engaged by Mr. Pitt in the Theatre Royal bar as barmaid. I was at this time introduced to Mr. Somner, who told me it was a bad place, and not to go there. However, I fulfilled the month, and then joined Mr. Somner, and went to Port Darwin with him.
    Dr. MADDEN -Were you married to him ?
    Witness.-No. He asked me to marry him, but I said I would never marry again. I came back to Melbourne. I subsequently married Mr. Somner. When I went home to get the children, I heard my husband was alive and married to a half caste. I got his address, and my son being dangerously ill I thought he ought to know, and wrote to him. I did not hear from him for three years, and then I heard that he was coming to Melbourne. I was then at Beaconsfield. My husband came and I saw him. He went into lodgings at Albert park. I took my daughter from the convent school in Nicholson-street, and allowed her to stay with her father to enable her to choose between her father and myself. She chose her mother. Three years ago my brother wrote, saying that Paul had gone back to England and died, and, my brother added, "a good riddance." I then met Mr. Moss, who insisted on my going and getting married to Mr. Somner at once. Mr Moss gave me 100 sovereigns for the purpose. We did get married. At the end ot 1878 I returned with my children, and Mr. Somner joined us at the Yarra hotel. We stayed a few days, and then engaged a furnished house. During those few days Mr. Moss seemed pleased with the children, and told me he knew my father in England. We took the Corner Hotel at St. Kilda, with money I had got from England, and I did not see Mr Moss for three years. We were unsuccessful in the hotel, as my boy, who was in a consumption took so much to keep. We left St. Kilda and returned to the Yarra Hotel for a few days. We saw Mr. Moss there, and Mr George Ramsden, who had property at Beaconsfield. We were negotiat- ing for the Beaconsfield Hotel, and sought to borrow £100 from Mr Terry, with whom we had been dealing. He refused it ; and on that day Mr Lumsden asked Mr Somner what he was looking so miserable about. I told of the refusal of Mr Terry, and said we had already paid a deposit. The £100 was balance for the stock, i.e. Mr. Ramsden, who knew what the money was wanted for, said he would lend us £50, and Mr. Moss said," and I will lend you £50, or £100 if you like." We accepted the offer, and Mr. Som- ner gave a bill, and that money was subsequently repaid. We at once proceeded to Beaconsfield, in December, 1881, I think. The house had "gone down," and people would not go to it. We carried it on. One day some weeks later Mr. Ramsden drove up with Mr. Moss in a dogcart, and had luncheon with us.
    At this stage the Court adjourned for luncheon.
    Mrs. Somner (resuming) - After that first visit I used to go to Mr. Moss's office. If he was not there I left my shawl and box and went shopping. I went because he wanted to know all about how things were going on at Beaconsfield. I always brought my luncheon, and sometimes stayed over night in town. I would chat with Mr Moss, and usually went home with my parcels by the 4.30 train. That commenced with our going to Beaconsfield. I did not visit Boscobel until Mr. Moss was first taken ill there, and I went to see him in the winter of 1883. He had not repeated his visit to Beaconsfield. On that occasion I saw Mr. and Mrs. Moss, and had a chat in the diningroom about Beaconsfield. Mrs. Moss was not pleased to see me at all. When I next saw Mr. Moss-perhaps the next week-he said Mrs. Moss remarked that I told everyone my thoughts, and that I was not wise in doing so. My next visit to Boscobel was a long time afterwards— August or September, 1883. Mr. Moss was ill in bed, and I did not nee him, though I asked to do so. Mrs Moss was stand- ing at the foot of the stairs. Sophie, her granddaughter, came along, and Mrs Moss said, "Mrs Somner, this is Sophie." Mrs. Moss said the doctor had forbidden anyone seeing Mr. Moss. Just before that Mr. Moss had purchased Beaconsfield. We had Beaconsfield on the terms that we might buy the property within the year for £1,000. In July of that year we exercised the option. Mr Moss finding the £1,000. We afterwards repaid that in small sums from £10 upwards, without interest. When I was at Boscobel on the second visit, Mrs Moss said, " What do you want with Mr. Moss-you have a husband of your own ?" I said I only wanted to see him, and how he was, because he had been so good to us, and that I should love him as long as I lived, and when he was gone I should love his memory. I only stayed a few moments. I think I then went into the diningroom and had a glass of wine.
    Dr. MADDEN -Up to that time had there been any improper conduct between you and Mr. Moss?
    Witness -No, sir, never. My next visit to Boscobel was when Mrs Moss was on her death bed. She asked if I had seen Mr. Moss, and I said I had not. I went into the bedroom, where R P Moss was nursing him at the time, and asked him how he was. Mr. Moss asked me to take Sophie to Beaconsfield, and to be sure not to let Mrs. Moss know she was there. He would not let me stay any longer, because he said Mrs Moss would be cross, and I then went back to Mrs. Moss's room. She gave me two new silk dresses. I thought it very strange.
    Mr. TOPP-Never mind what you thought, Mrs. Moss.
    Mrs.Somner (correcting).-Mrs Somner. I then went and finished my shopping, and went home. I was not five minutes in Mr. Moss's room. Sophie came to Beaconsfield, I have made a mistake. Sophie was at that time at Beaconsfield. Mr. Moss had taken suddenly ill in his office about a fortnight before, and then asked me to take Sophie ; and in his room he asked me not to let Mrs Moss know. While Sophie was at Beaconsfield, we heard by telegraph of the death of her grandmother. The telegram was to Sophie from R. P. Moss I think, but we had a telegraph wire from the local office to the hotel for the convenience of visitors, and, as my husband was the operator, I knew all about it. I got out a trap, met Sophie, who was out on an errand.
    Dr MADDEN.-It has been said that you exhibited some levity on that occasion.
    Witness -"What I said to Sophie was that I was very glad Mrs Moss had gone before Mr Moss, as her grandmother was so bitter against her at the time. I had told Sophie the night before to pray that her grandmother might go first. I went to Boscobel because I had promised Mr Moss that I would nurse him in return for his goodness to me. Mr Moss sent me to Kew to get some burial ground and told me not to take any notice of Henry, even if Henry swore at me.
    Dr MADDEN.-It was asserted that while Mrs Moss was lying unburied you were seeing about the house. Is that true ?
    Witness-No, sir, I could not do such a thing. They might have had a discussion about the places in the mourning couches. I did not hear it. I thought it was my place to go with Mr Moss. I had never been to a funeral before of that kind-not with mourn ing coaches-and therefore did not know the arrangements. I went to get a bottle of whiskey and water for Mr Moss, and the discussion must have taken place then. Henry Edward Moss pulled me by the sleeve as I was going to the door, and I said, "Very well, Mr Moss, take these, handing him the whisky, and other things I had for the testator. He must have made me understand I had not to go into the coach with the testator.
    Dr MADDEN asked his Honour to read the evidence of Mr George Moss as to what Mrs Moss said in the coach on the day of the funeral.
    His HONOUR read the evidence, which was to the effect that Mrs Somner said that if any of Mr Moss's relatives crossed her path she would take him away altogether, and they would never see him again.
    Mr TOPP -Did you say that ?
    Witness. -I was not speaking to that effect at all. Some time previous to that—
    His HONOUR-Attend to what I say. Pay attention to what I am reading. Is that what you said ?
    Witness -It is false, your Honour, every word. I will tell you what I did say.
    His HONOUR. -Hold your tongue, Madame, if you please, until you are asked.
    Dr MADDEN. -What did you say ?
    Witness.-Captain Hall was speaking against Sophie and —
    His HONOUR -I don't think observations about other members of the family are strictly evidence.
    Dr MADDEN (to witness). -It is said that after the funeral, you were sitting on the testator's knee, singing "Comin' through the Rye." Is that true ?
    Witness -Not a word of it. He was too ill for anyone to sit on his knee. I stayed three nights, sleeping with Sophie, and we moved Mr Moss between us. I went back and forward to Beaconsfield and shared the nursing. When he was very ill and I was nursing him I had to occupy the same bed because there was no other place to sleep in the room Sophie told me I would have to sleep there, as she had done.
    Mr. TOPP. -In the bed ?
    Witness -Yes, it was a very large bed, with room enough for two more-not all as large as I am, of course. I was up and down attending to him all the night. Henry Ed ward Moss's evidence about my sitting in the testator's room, with my feet up on a chair reading a novel, is not true. Mr Moss would not allow me to read a novel. Henry Edward and I had an awful quarrel on that occasion about Sophie and the nursing. It lasted over half an hour and would take a long time to tell. That was the occasion when Henry Edward called me a dirty beast. After Henry Edward went away Mr Moss said, "Henry wants £2,000, and don't he wish he may get it. I will never forgive him for what he has said to you to-day. Don't tell Arthur (my husband), or he will not allow you to come to me again." There was never any impropriety between Mr Moss and myself.
    Dr Madden asked witness if the evidence of the witness Crawcour was true.
    Witness (indignantly) -Who is the man that dare say such a thing about me ? Such a thing never happened, and never could happen.
    Dr MADDEN. -Is it true ?
    Witness (in a loud tone.)- No. True ?- No. I know who this man is now-he is the man whom George Moss finds to transact business with after bank hours. (Witness became hysterical and wept for some time.)
    His HONOUR.-If you wish the jury to understand your case, it is to your interest to keep quiet and answer the questions.
    Witness -I did not know I was to be questioned in this way.
    His HONOUR.-You have been sitting in court and heard all the evidence, and are now called upon to give an answer to it. You had better be calm and attend to your counsel. It is to your interest to do so.
    Witness (continuing). -I thought the Moss family loved me. They and my husband knew I and Mr Moss occupied the same bed. I shaved Mr Moss twice a day, and bathed him every day, and generally attended to him. Mr Moss had cautioned me against Dick as the most dangerous man of the family, and Dick is at the bottom of all that trouble. Dick advised me to be caretul as to having deeds of gift for what Mr Moss had given me, as Sophie and George were watching me night and day.
    I met Richard P Moss in Melbourne because he said he had a lot to tell me, and wanted to see me. He told me that as soon as the breath was out of the old man a body, Sophie and George were going to kick me out and make me return everything. They sold out Beaconsfield on Mr Moss's account and he promised to make the deficiency between our price and the price realised.
    The Court adjourned until 10 o'clock this morning.42
  • 21 Feb 1890, THE PORT MELBOURNE WILL CASE. MOSS V. SOMNER AND ANOTHER. VERDICT FOR THE PLAINTIFF.
    The hearing of the will case Moss v Somner and Another was resumed yesterday morning in the Supreme Court, before the Chief Justice and a jury of twelve. In August last Mr Henry Moss, of Port Melbourne, the proprietor of a lightering business, died, leaving property valued at £31,355, which, with the exception of some legacies to members of his family, he bestowed by will on his nurse, Mrs. Grace Somner Mr. W P Vine and Mrs Somner were appointed executor and executrix under the will. When probate was applied for a caveat was lodged by the plaintiff, Mr Henry Edward Moss, eldest son of the testator, on the around that undue influence was used by Mrs Somner to have the will, with codicils, made in her favour. The issue for trial was whether undue influence had been used. Mr Purves, Q. C., Mr Topp, Mr Isaacs, and Mr Irvine appeared for the plaintiff, and Dr Madden, Mr Higgins, and Mr Hayes for the defendants.
    The Chief Justice had concluded his address to the jury on Wednesday evening.
    The jury returned into court yesterday morning to consider their verdict.
    The foreman of the jury asked whether, if they found that any undue influence had been exercised in regard to any individuals who had thereby lost their portions, would the jury have to find for the plaintiff or the defendant as a whole?
    The Chief Justice said that he understood that counsel were desirous of making some observations upon that question.
    The jury then retired while the question was dealt with by counsel.
    Dr Madden said he understood that the jury wished to know whether the whole will would be invalidated if they were of opinion that a particular bequest to a particular individual had been struck out of a former will by the exercise of undue influence or misrepresentation. It seemed to be the law that the will had not been invalidated.
    Mr Topp agreed that a will might be good in part. As to the other point, he contended that if a person procured a bequest in her favour by undue influence, she could take no benefit under the will at all.
    The jury were then re-called into Court.
    The Chief Justice said that after hearing counsel he would ask them to answer two questions. The first was - Were the will of Henry Moss, of October 22, 1888, the codicil of November 23 1888, and the second codicil of August 7,1889, or one or more of those instruments, executed under and by reason of undue influence exercised over him by Grace Somner? The second question was, - Were those portions of the will and codicils which conferred benefits on the said Grace Somner or her relatives inserted therein under and by reason of undue influence exercised over him by the said Grace Somner? He had included the first question practically in the second, because the only influence alleged or charged was that of Mrs Somner. That undue influence, if it existed was undoubtedly exercised by her for the benefit of herself and her relatives, but in answering the second question they would enable the Court, if it should think fit, to uphold a portion of the will without upholding the whole of it. They must remember that they were to consider and determine whether the three instruments or any of them or the portions which conferred benefits on Mrs Somner and her relatives were procured by her undue influence. They had to consider the time at which the instruments were executed, and they must demand from the caveator evidence to satisfy their own minds that undue influence was exercised in reference to one or more or all the instruments. The burden of proof rested on the caveator, and if he had failed to adduce proof of such undue influence, or if he left their minds in a state of uncertainty, it would be their duty to find for the defendants. But in determining that question they were at liberty to go back to a time behind the 22nd October, 1888. If they were not at liberty to do so three-fourths of the time they had spent and five-sixths of the argument that had been addressed to them had been wasted, because the evidence and arguments placed before them had been addressed to a period of time extending long previously to 1887. They were at liberty to go back and inquire whether in any previous transactions between the parties undue influence, as he had defined it, either coercion or fraud, had been proved to have been exercised by Mrs Somner in reference to any one ot the transactions. They were at liberty to inquire whether any previous wills, commencing with the will of June 30, 1886, or any subsequent gifts of property or trinkets, were obtained by her coercion or fraudulent misrepresentation. If they were satisfied that any one or more of those previous gitts had been so procured, they were not to conclude from that fact that the will and codicils were executed under undue influence, but they were to take that fact into consideration together with all the other evidence at the time the instruments were executed, and either might, in their opinion, go to show undue influence or to disprove undue influence. They might consider that fact in connection with other facts. They were not at liberty to leap to the conclusion that any one of these gifts was procured by undue influence, but if they should so conclude then they were at liberty to infer that that influence might have continued to the time of the execution of the other instruments, and might have affected the execution of the other instruments. He was inclined to think that the question asked by the jury related to the time of the revocation in February, 1888, after the visit to Beaconsfield, when Mrs Sophy Moss and her husband were told to quit, and when the trinkets were returned to the testator. If they inferred from the testators inability to give any answer to Mrs Sophy Moss's natural question that he was then sensible, in doing this apparently harsh act, of doing something that revolted against his own judgment - that he was really acting under the imperious control of another's will which he could not resist - and if they wished to inquire as to whether they could infer, from that instance of established coercion in a previous case, the existence of coercion at the time of the execution of the will, then he would answer that they were at liberty to take that fact into consideration. But they would not be at liberty to look to that fact only and to disregard all the other evvience. There had been a large body of evidence, and all, he thought, on one side, which went to show that, notwithstanding the testator might have been under this undue influence on the previous occasion, he was, at the time of the execution of each of the three instruments, in full possession of his senses, and apparently exercising his own, and not another's will. He would urge on them not to shrink from the proposition that by our law a man was entitled to defy morality, insult the opinion of his relatives, to disregard the opinion of the world, to give his property as he willed, and, however much they might disapprove of his conduct, if they believed that that conduct was his, and that he was not really a tool or a mere victim to false representations, the instruments were good, and it was their duty to say so.
    THE VERDICT
    The jury retired at a quarter past 11 o'clock, and returned into court at a quarter past 4 o'clock. In answer to a question from the Court, the foreman said that 11 of them had agreed.
    The Chief Justice said that as they had deliberated for more than three hours, he could take a verdict of three fourths, and he would therefore receive their answers to his questions.
    The following were the questions to, and answers by the jury -
    1. Were the will of Henry Moss, of October 22, 1888, the codicil of November 21, 1888, and the second codicil of August 7, 1889, or one or more of these instruments, executed under and by reason of undue influence exercised over him by Grace
    Somner?
    Answer -Yes.
    2 Were those portions of the said will and codicils which confer benefits on the said Grace Somner or her relatives inserted there- in under and by reason of undue influence exercised over him by the said Grace Somner?
    Answer -Yes43
  • 21 Feb 1890, The Moss will case, which has occupied the Supreme Court for fourteen days, was concluded to-day. The Jury found by a three-fourths majority that the various codicils of the will which confer benefits on Grace Somner, the defendant in the action, or her relatives, were inserted under and by reason of undue influence exercised over Henry Moss, the testator, by Grace Somner.44
  • 6 Mar 1890, As there was some doubt as to the proper practice to be pursued inmaking the applica- tion for a new trial in the Moss will case, Dr Madden yesterday applied to Mr. Justice Hodges, as the judge who had directed the case to be tried before a jury, for a rule nisi for a new trial. He applied on behalf of Mrs. Somner and Mr Vine, the executrix and executor appointed under the will of Mr. Moss, and the validity of which was impeached. The grounds on which he said he applied were that the verdict was against evidence, and that the Chief Justice, who had tried the case, had misdirected the jury. He said that the practice as to applications for new trials ap- peared to be that where the Full Court directed the trial of issues by a jury the application for a new trial should be made to it, and where the judge who directed the issues to be tried presided at the trial the application tor a new trial abould be made to him. But in this case the judge who presided at the trial was not the one who had directed the issues to be tried by a jury. Probably the best course to pur- sue would be to refer the application to the Full Court, which would dispose of all the difficulties. He believed that the other side would consent to the case being referred to the Full Court, though be knew nothing of it officially, Mr. Justice Hodges said that he believed that he had power under section 25 of the Judicature Act to reter it to the Full Court, but of course any difficulty would be obviated by consent, Mr. Isaacs, for the plaintiff, laid that be was instructed to consent to the reference being made to the Full Court. An order was accordingly made referring the ap- plication for a new trial to the Full Court. Dr. Madden intimated that he also intended to apply to the Full Court next day for a rule nisi so as to get rid of any doubt as to what the practice now was.45
  • 15 Mar 1890, THE MOSS WILL CASE. APPOINTMENT OF A RECEIVER.
    In the Practice Court yesterday, the matter of the appointment of a receiver in the estate of the late Henry Moss, Port Melbourne, was brought before Mr. Justice Hodges. The application for the appointment of a receiver was made by Henry E Moss, the caveator in the recent trial, with a view to prevent Mrs. Grace Somner and W. P. Vine, who were the executors under the will decided against by the jury, and who are moving for a new trial, from dealing with the estate Mr Isaacs and Mr. Irvine appeared for Mr Moss, and Mr Higgins and Mr. Hayes for Mrs. Somner and Mr Vine.
    Mr ISAACS said the following agreement had been accepted by both parties, and was now submitted to his Honour:- Ordered that a receiver be appointed of the estate of Henry Moss, deceased, with the usual powers of a receiver, that it be referred to the chief clerk to determine who is a fit and proper person, and what security he be allowed and what salary he receive; that Mr Tracy manage the business of the testator, he paying all monies received, or to be received, in the said business into a trust account, in the name of the receiver, into the London Chartered Bank. The receiver to open an account in the London Chartered Bank in the name of Mr Tracy, as manager of the said business, by his cheque upon this trust account, for an amount to be fixed by the receiver as reasonably adequate tor the current expenses of the business for one week, and the receiver to supplement such by paying therein, from week to week as occasion may require, from the trust account, such sum or sums as shall be reasonably adequate for the expenses and management of the business. The receiver shall be at liberty at all times to inspect the books of the business, and to require Mr Tracy to keep an account properly vouched of all moneys received and paid by him, and to be at liberty also to enter and inspect the premises and the ships and the chattels of the said business. That so soon as the said receiver's appointment and security are completed, Mr, Martin, the interim receiver, be discharged, and thereupon pass his accounts and pay to such receiver to be appointed the balance in his hands. That in passing his accounts the said interim receiver be allowed his costs and charges properly incurred and a commission, if the chief clerk think fit, to be fixed by the chief clerk, upon all moneys received or collected by him. The costs of this application to be in the discretion of the judge of the court who decides this cause. Directed that the order be passed and entered forthwith.
    Mr. HAYES said they had appointed the Trustees, Executors, and Agency Company, of which Mr Templeton was the manager, as receivers, they being perfectly indifferent parties. The other side had proposed the Equity Trustee Company, but the solicitor for that company was also the solicitor tor Henry Moss, and it was thought best to have nobody connected with the will.
    His HONOUR assented to the terms of the agreement, and the proceedings terminated.46
  • 31 Oct 1890, Mr. Hayes applied to Mr. Justice Webb in the Practice Court yesterday for an order nisi calling upon Henry Charles Hall, who had lodged a second caveat against probate being granted to the will ot the late Henry Moss, of Port Melbourne, lighterman, to show cause why probate should not be granted to the will. The second caveator H C Hall-was a grandson of the deceased, and Mr Hayes, in making the application yesterday, said that a settlement had been agreed to by all parties in tbe Moss-Somner will case, and it was necessary to remove the second caveat out of the way in order to com- plete the settlement. His Honour pointed out that the litigation which had occurred over the first caveat did not appear to have been finally concluded, as there was still an appeal pending against the decision that had been arrived at. Mr. Hayes then said that the appeal would be abandoned as part of the settlement to which he had referred. His Honour stated that if he were to grant the application it might open the way to another lawsuit before the first was finally settled, and he did not see why he should start further proceedings now. Mr Hayes replied that the other law proceedings were practically abandoned by the settlement. His Honour, however, said that the proceedings respecting the first caveat would have to be disposed of before he could allow any further proceedings concerning the second caveat, and Mr. Hayes then withdrew the application.47
  • 28 Nov 1890, The Moss-Somner will case was brought under notice again before Mr. Justice Wil liams yesterday in the Probate Court. Mr. Higgins stated that he had been instructed to apply for probate of the will of the late Henry Moss, of Port Melbourne, shipowner, that the parties in the disputed will case had agreed to a settlement, and that Mr. Topp had been instructed to consent to the application for probate. It was found, however, that the advertisement which had originally been published, stating that Mrs. Somner and W. P. Vine, the executors named in the will, would apply for probate of it, was published more than six months ago, and that it would be necessary to publish a new advertisement. He therefore asked that he should be allowed to advertise the notice of application next day, and that he should also be allowed to apply for probate on the 11th December, which would be one day less than the usual fortnight's notice. His Honour granted the request as asked for. It is understood that the second caveat, which was lodged in the case by Captain Hall, on behalf of his son, who was a grandson of the deceased, has been withdrawn, and that a settlement between all the parties has been finally arrived at.48
  • 13 Dec 1890, HENRY MOSS' WILL. MELBOURNE, Dec 11.
    To-day probate was granted in the will of Henry Moss, about which there has been so much litigation, the parties having agreed to a settlement. A large portion of the property goes to Mrs. Somner.49

Citations

  1. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/ "Jun Q [Blean] 5 39."
  2. [S50] Miscellaneous Source, http://freepages.rootsweb.com/~kitwithers/genealogy/lawson/…
  3. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/ "Dec Q [Medway] 2a 678."
  4. [S36] Inward & outward passenger lists to and from Victoria. Series: VPRS 14; 7666; 7667; 7786); PROV (Public Records Office Victoria), N155 002.
  5. [S36] Inward & outward passenger lists to and from Victoria. Series: VPRS 14; 7666; 7667; 7786); PROV (Public Records Office Victoria), B365 012.
  6. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1220-964 - Grace Somner the wife of Arthur Hay Somner of Beaconsfield Gentleman - C/T 1383-562.
  7. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1383-562 - Mortgage No 53704 - John Rutherford - discharged 22 Jun 1885.
  8. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1383-562 - Mortgage No 61710 - Robert Ker - discharged 13 Mar 1885.
  9. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1755-912 - Grace Somner wife of Arthur Hay Somner of Beaconsfield House Beaconsfield - C/T 1820-834.
  10. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1383-562 - Mortgage No 73011 - Edward Ferdinand Yencken - discharged 4 Jun 1890.
  11. [S22] Victorian Government. BDM Index Victoria (online) "Edward Ferdinand YENCKEN - #D12421 (Age 72) [par Ferdinand YENCKEN & Amalia LOWENSTERN] - died Armadale 1892."
  12. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1383-562 - Mortgage No 73795 - James Walford - discharged - 8 Sep 1888.
  13. [S7] Registry of NSW Births Deaths and Marriages "NSW #M3459."
  14. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1820-834 - George William Taylor of No 20 Collins Street West Melbourne Auctioneer - C/T 2024-623.
  15. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1383-562 - Frederick Rudolph Wilckens of Beaconsfield Hotel Beaconsfield Licensed Victualler - C/T 2280-974 - two caveats were lodged No 14840 on 14 Feb 1888 lapsed 25 Jul 1890 & No 14841 on 14 Feb 1888 lapsed 4 Jun 1890, when the transfer to Wilckens was effected. Court case mentioned on title Moss v Somner & ... Higinbotham 7.2.90.
  16. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/.
  17. [S35] Probate Records, PROV (Public Records Office Victoria), 44/037 Shipowner.
  18. [S65] Ancestry - various indices, Source Citation: Class: BT26; Piece: 13; Item: 32
    Ancestry.com. UK, Incoming Passenger Lists, 1878-1960 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2008.
  19. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/ "Dec Q [Marylebone] 1a 1238."
  20. [S36] Inward & outward passenger lists to and from Victoria. Series: VPRS 14; 7666; 7667; 7786); PROV (Public Records Office Victoria), Monowai. Sep 1899/002.
  21. [S35] Probate Records, PROV (Public Records Office Victoria), 78/992 Gentleman Kew.
  22. [S3] Registry of Births Deaths and Marriages Edwardian Index Victoria 1902-1913 "#D10917 (Age 57) [par George FOREMAN & Unknown]."
  23. [S11] Newspaper - Argus 16 Dec 1907, p1.
  24. [S35] Probate Records, PROV (Public Records Office Victoria), 109/686 Widow Ballarat.
  25. [S83] Online index to the UK census "Class: HO107; Piece: 1625; Folio: 401; Page: 35; GSU roll: 193526."
  26. [S83] Online index to the UK census "Class: RG10; Piece: 947; Folio: 95; Page: 12; GSU roll: 838715."
  27. [S48] Index of burials in the cemetery of St Kilda,
    PRESBYTERIAN, MONUMENTAL, COMPARTMENT A GRAVE 100
    Arthur was buried 27 Mar 1901; Grace 14 Dec 1907; also George PAUL, aged 12 buried 12 Sep 1880.
  28. [S14] Newspaper - The Herald (Melbourne, Vic. : 1861 - 1954), Mon 16 Jan 1882, p3
    http://nla.gov.au/nla.news-article241178690
  29. [S14] Newspaper - The Herald (Melbourne, Vic. : 1861 - 1954), Mon 13 Feb 1882, p3
    http://nla.gov.au/nla.news-article241189755
  30. [S14] Newspaper - The Herald (Melbourne, Vic. : 1861 - 1954), Tue 21 Feb 1882, p3
    http://nla.gov.au/nla.news-article241180607
  31. [S14] Newspaper - The Herald (Melbourne, Vic. : 1861 - 1954), Tue 22 Aug 1882, p2
    http://nla.gov.au/nla.news-article241177308
  32. [S14] Newspaper - The Herald (Melbourne, Vic. : 1861 - 1954), Tue 29 Aug 1882, p3
    http://nla.gov.au/nla.news-article241189796
  33. [S14] Newspaper - The Herald (Melbourne, Vic. : 1861 - 1954), Tue 12 Sep 1882, p4
    http://nla.gov.au/nla.news-article241181193
  34. [S14] Newspaper - The Herald (Melbourne, Vic. : 1861 - 1954), Tue 26 Sep 1882, p4
    http://nla.gov.au/nla.news-article241184952
  35. [S14] Newspaper - Weekly Times (Melbourne, Vic. : 1869 - 1954), Sat 15 Dec 1883, p1
    http://nla.gov.au/nla.news-article220537257
  36. [S11] Newspaper - Argus 4 Feb 1890, p4.
  37. [S11] Newspaper - Argus 5 Feb 1890, p11.
  38. [S11] Newspaper - Argus 6 Feb 1890, p4.
  39. [S11] Newspaper - Argus 8 Feb 1890, p12.
  40. [S11] Newspaper - Argus 12 Mar 1890, p11.
  41. [S11] Newspaper - Argus 13 Feb 1890, p7.
  42. [S11] Newspaper - Argus 13 Feb 1890, p11.
  43. [S11] Newspaper - Argus 21 Feb 1890, p9.
  44. [S14] Newspaper - The South Australian Register, 21 Feb 1890, p5.
  45. [S11] Newspaper - Argus 6 Mar 1890, p7.
  46. [S11] Newspaper - Argus 15 Mar 1890, p5.
  47. [S11] Newspaper - Argus 31 Oct 1890, p5.
  48. [S11] Newspaper - Argus 28 Nov 1890, p5.
  49. [S14] Newspaper - Cairns Post, p2.
Last Edited24 Mar 2019

William Hadlow Paul

M, #2181, b. Jun 1847, d. 11 Nov 1890
Probate (Will)* PAUL William Hadlow. 6 January. Administration of the Personal Estate of William Hadlow Paul late of Folkestone in the County of Kent Licensed Victualler who died 11 November 1890 at Folkestone was granted at the Principal Registry under certain Limitations to Thomas Paul of 95 High-street Ramsgate in the County of Kent Manager of a Flour Mill the Brother. Personal Estate £94 9s. 10d. This grant has ceased. Another grant issued October 1891.
PAUL William Hadlow. 20 October. Administration of the Personal Estate of William Hadlow Paul late of Folkestone in the County of Kent Licensed Victualler who died 11 November 1890 at Folkestone was granted at the Principal Registry to Grace Sumner (Wife of Arthur Hay Sumner) (formerly Paul, Widow) of Kingsnorth in the said County the Relict. The Administration granted at the Principal Registry January 1891 having ceased and expired. Personal Estate £250 14s. 9d.1 
Birth*Jun 1847 Dover, Kent, England, Jun Q [Dover] 5 121 (mother ELLIS.)2 
Marriage*Dec 1865 Spouse: Grace Foreman. Medway, Kent, England, Dec Q [Medway] 2a 678.3
 
Residence*bt 1887 - 1891 Paul William Hadlow, Marquis of Lorne P.H. 15 Radnor Street, Folkestone, Kent (1891 Kelly's Directory + 1887 Post Office Home Counties Directory.)4 
Death*11 Nov 1890 Folkestone, Kent, England, Dec Q [Elham] 2a 631 (Age 43.)5 

Family

Grace Foreman b. 26 May 1850, d. 13 Dec 1907
Children 1.Priscilla Paul+ b. Mar 1866, d. 4 Apr 1938
 2.George Paul b. Sep 1868, d. 11 Sep 1880
 3.William Henry Paul5 b. Dec 1869, d. Dec 1869

Citations

  1. [S190] Index to Probate Calendar England, viewed at ancestry.com.au, 1858-1966.
  2. [S332] UK - General Register Office Indexes.
  3. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/ "Dec Q [Medway] 2a 678."
  4. [S65] Ancestry - various indices.
  5. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/.
Last Edited23 Mar 2019

George Paul

M, #2182, b. Sep 1868, d. 11 Sep 1880
Father*William Hadlow Paul b. Jun 1847, d. 11 Nov 1890
Mother*Grace Foreman b. 26 May 1850, d. 13 Dec 1907
Birth*Sep 1868 Dartford, Kent, England, Sep Q [Dartford] 2a 359.1,2 
(Migrant) Migration/TravelDec 1878 Sailing with Grace Foreman, Dr William Fetherstonhaugh, Priscilla Paul to Melbourne, VIC, Australia. Ship Aconcagua from England or Scotland
Age 10.3 
Death*11 Sep 1880 Corner Hotel, Junction, St Kilda, VIC, Australia, #D8589 (Age 12) [par William Haddon PAUL & Grace FOREMAN].1 
Death-Notice*13 Sep 1880PAUL.—On the 11th inst, of consumption, at the Corner Hotel, Junction, St. Kilda, George, the only son of Mrs A H Somner, aged 12 years.4 

Grave

  • Pres Comp A Grave 100, St Kilda Cemetery, St Kilda, VIC, Australia, George PAUL 11.9.1880 Age 12 ; also Arthur Hay, husband of Grace SOMNER, born 16.5.1840 died 22.3.19015,6

Citations

  1. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888 "#D8589 (Age 12) [par William Haddon PAUL & Grace FOREMAN]."
  2. [S332] UK - General Register Office Indexes "mother's maiden name Foreman."
  3. [S36] Inward & outward passenger lists to and from Victoria. Series: VPRS 14; 7666; 7667; 7786); PROV (Public Records Office Victoria), B365 012.
  4. [S11] Newspaper - Argus 13 Sep 1880, p1.
  5. [S35] Probate Records, PROV (Public Records Office Victoria), 78/992 Gentleman Kew.
  6. [S48] Index of burials in the cemetery of St Kilda,
    PRESBYTERIAN, MONUMENTAL, COMPARTMENT A GRAVE 100
    Arthur was buried 27 Mar 1901; Grace 14 Dec 1907; also George PAUL, aged 12 buried 12 Sep 1880.
Last Edited23 Mar 2019

Priscilla Paul

F, #2183, b. Mar 1866, d. 4 Apr 1938
Father*William Hadlow Paul b. Jun 1847, d. 11 Nov 1890
Mother*Grace Foreman b. 26 May 1850, d. 13 Dec 1907
Married NameNicholas. 
Birth*Mar 1866 Blean, Kent, England, Mar Q [Blean] 2a 677.1 
(Migrant) Migration/TravelDec 1878 Sailing with Grace Foreman, Dr William Fetherstonhaugh, George Paul to Melbourne, VIC, Australia. Ship Aconcagua from England or Scotland
Age 11.2 
(Migrant) Migration/Travel5 Aug 1891 Sailing with Grace Somner Arthur Hay Somner to Liverpool, Lancashire, England. Ship Teutonic sailing from New York
Age 25 spinster.3 
Marriage*9 Nov 1892 Spouse: Walter William Nicholas. Kew, VIC, Australia, #M7156.4
 
Marriage-Notice*19 Nov 1892NICHOLAS-PAUL.-On the 9th inst, at the residence of the bride's parents, by the Rev Professor Gosman, Walter William Nicholas, son of W Nicholas, Esq , The Drive, Walthamstow, England, to Priscilla Paul, only daughter of Mrs Arthur H Somner, of Kelso, Cotham road, Kew. No cards.5 
Illness*9 Sep 1899 Admitted to Kew with mania with delusions following confinement of third child - discharged 25 Sep 1899.6 
Widow30 Jul 1923Priscilla Paul became a widow upon the death of her husband Walter William Nicholas.7 
Death*4 Apr 1938 Private Hospital, East St Kilda, VIC, Australia, #D2763 (Age 72) [par William Hadlow PAUL & Grace SOMNER].8 
Death-Notice*6 Apr 1938NICHOLAS. - On the 4th April, 1938, at private hospital, Priscilla, beloved mother of Arthur, Dorothy, and Grace, 46 Moreland road. East Brunswick and relict of Walter William Nicholas, of Ballarat.9 

Electoral Rolls (Australia) and Census (UK/IRL)

DateAddressOccupation and other people at same address
1925Miram South, VIC, AustraliaOccupation: home duties. With Arthur William Nicholas, Dorothy Nicholas, Grace Nicholas.10

Grave

  • Fawkner Cemetery, Fawkner, VIC, Australia

Family

Walter William Nicholas b. 1861, d. 30 Jul 1923
Children 1.Arthur William Nicholas+ b. 1893, d. 10 Jul 1959
 2.Dorothy Nicholas b. 1896, d. 1958
 3.Grace Nicholas b. 1898, d. 1961

Newspaper-Articles

  • 25 Nov 1892, Nicholas—Paul.—A very pretty wedding took place at the residence of the bride's parents " Kelso," Cotham-road, Kew, on Wednesday, November 9, when Miss Priscilla Paul (Prissie), only daughter of Mrs. Arthur H. Somner, was united to Mr. Walter W. Nicholas, F.R.G.S., of "The Drive," Walthamstow, England. The ceremony was performed by the Rev. Professor Gosman, in the presence of a large number of relatives and friends. The bride was given away by Mr. Somner, and the groomsmen were Messrs. H. B. Nicholas and A. Kelly. The bride was attired in an exquisite gown of cream china crepe a-la-Princesse, one side of gown being wholly of silk Maltese lace continued round train and finishing with plume of feathers and orange blossom. The bodice was draped from right shoulder, finishing on left side with chatelaine of orange blossom and ribbon velvet. Portia sleeves with inside bishop sleeves with ruche at wrist. The whole had a very artistic effect. The bride was attended by two bridesmaids, Miss Ethel Dempster and Miss Elsie Pagan, who wore pretty frocks of creme crepon made in Empire style, trimmed with Irish point and buttercup surah. The house was most beautifully decorated, the drawingroom presented a lovely appearance, being filled with ferns, palms, and flowering pot plants. The wedding cake was of a very novel desgin, being in the form of diamonds in tiers, beautifully ornamented with real flowers. A beautiful marriage bell, composed of white carnations, was suspended above the cake. The happy pair left by the express for Sydney, en route for the Blue Mountains. The bride's travelling dress was of pearl grey bengaline, trimmed with shot grey and pink Ottoman silk. The bride's mother wore a very handsome black silk gown trimmed with heliotrope. The bride received a number of beautiful and costly presents.11

Citations

  1. [S9] Free BMD. Index. Online @ https://www.freebmd.org.uk/ "Mar Q [Blean] 2a 677."
  2. [S36] Inward & outward passenger lists to and from Victoria. Series: VPRS 14; 7666; 7667; 7786); PROV (Public Records Office Victoria), B365 012.
  3. [S65] Ancestry - various indices, Source Citation: Class: BT26; Piece: 13; Item: 32
    Ancestry.com. UK, Incoming Passenger Lists, 1878-1960 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2008.
  4. [S2] Registry of Births Deaths and Marriages Federation Index Victoria 1889-1901 "#M7156."
  5. [S11] Newspaper - Argus 19 Nov 1892 p1.
  6. [S65] Ancestry - various indices, Asylum Records from the Public Records Office of Victoria (PROV); Public Records Office of Victoria (PROV); Series Number: VA 2840; Volume Title: Case Books of Female Patients, 1871-1912; Doc Number: VPRS 7397; Reference Number: 07397-P0001-000013.
  7. [S5] Registry of Births Deaths and Marriages Death Index Victoria 1921-1985 "#D10909 (Age 62) [par unknown]."
  8. [S5] Registry of Births Deaths and Marriages Death Index Victoria 1921-1985 "#D2763 (Age 72) [par William Hadlow PAUL & Grace SOMNER]."
  9. [S11] Newspaper - Argus 6 Apr 1938 p12.
  10. [S125] Electoral Roll for Australia, 1925.
  11. [S14] Newspaper - Table Talk, 25 Nov 1892, p18.
Last Edited24 Mar 2019

Henry Moss

M, #2184, b. 1807, d. 29 Aug 1889
Birth*1807 
Marriage*26 May 1829 Spouse: Matilda Hill. Aston Yuxta, Birmingham, Warwickshire, England, M011681.1,2
 
(Migrant) Migration/TravelJan 1856 Sailing with Matilda Hill, Henry Edwardes Moss, Ellen Robinson, Louisa Matilda Moss to Port Phillip, VIC, Australia. Ship Clasmerden
Age 50.3 
Land-UBeac*23 Oct 1885 PAK-60 l/p 1137 (Lots 43.44.45.46). Transfer from Henry Butler to Henry Moss. 22a 2r 1p.4 
Widower28 Apr 1886He became a widower upon the death of his wife Matilda Hill.1,5 
Land-UBeac*11 May 1886 PAK-60 l/p 1137 (Lots 43.44.45.46). Transfer from Henry Moss to Grace Somner. 22a 2r 1p.6 
Death*29 Aug 1889 "Kelso", Cotham-road, Kew, VIC, Australia, #D12625 (Age 82) [par William MOSS].7 
Death-Notice*30 Aug 1889MOSS.—On the 29th inst., at Kelso, Cotham-road, Kew, Henry Moss, lighterman, of William-street, Melbourne, in his 83rd year.
THE Friends of the late Mr. HENRY MOSS, lighterman, are invited to follow his remains to place of interment in the Boroondara Cemetery, KEW.
The funeral will leave his late residence, Kelso, Cotham-road, Kew, on Saturday, the 31st inst., at 2.30 o'clock.8 
Death-Notice31 Aug 1889THE Friends of the late Mr. HENRY MOSS, lighterman, are invited to follow his remains to the place of interment, in the Boroondara Cemetery, Kew. The funeral will leave his late residence, Kelso, Cotham-road, Kew, THIS DAY (Saturday), the 31st inst., at 2.30 o'clock.
ALF. AUG. SLEIGHT, undertaker, 182 Collins- street.9 
Probate (Will)*23 Dec 1890 44/037 Shipowner See: Grace Foreman.10 

Grave

  • C/E C1029,a & C/E C1030,a, Boroondara Cemetery, Kew, VIC, Australia, Sacred to the memory of Matilda, wife of Henry MOSS, d 28 Apr 1886, aged 77 years, also Henry, husband of above, b 17 Jun 1807, d 29 Aug 1889, also Henry Edwardes MOSS, d 1 Sep 1891, aged 61 years.
    In loving memory of Alice, d 18 Jun 1945, aged 50 years, beloved wife of Richard P. C. MOSS, d 14 Jan 1954.
    Rev Arthur Estal SEDSMAN, d 17 Aug 1971, aged 84 years, also Margaret, his beloved wife, d 27 Dec 1975, aged 62 years, our beloved Mother.
    In loving memory of Ellen, wife of Edwardes MOSS, d 28 Apr 1917, aged 92 years.11,12

Family

Matilda Hill b. 1810, d. 28 Apr 1886
Child 1.Louisa Matilda Moss+ b. 21 Dec 1832, d. 1 Apr 1886

Newspaper-Articles

  • 30 Aug 1889, LATEST NEWS. (By Electric Telegraph.) [ANGLO-AUSTRALIAN PRESS AGENCY.] Melbourne, THIS DAY. Henry Moss, a steamboat owner and one of the oldest lightermen of Port Melbourne is dead. His age was 84.13
  • 2 Sep 1889, On Saturday last, the remains of a very old colonist, Mr Henry Moss, shipowner and lighterman, were interred in the Kew Cemetery. Mr Henry Moss was born on the 17th of June, 1807, at Birmingham, and was brought up in in the coaching business, in
    the office ot the great coach proprietor, Mr William Chaplin, of London, who in those days did a very extensive transport trade. Mr Moss remained in the business for about 30 years, when, having prospered and made money, he started on his own account the first iron steam boats to run to Chelsea, Kew, &.c., and also did a large carrying business with river and canal craft trading between London, Leeds, Halifax, and Sheffield. While in this trade his business premises were at the Commercial Wharf and the Old Swan pier, London-bridge. He left England in 1855, reached Melbourne in January, 1856, and was at once appointed goods manager to the Melbourne and Hobson's Bay Railway. After being in this employment for six or seven years, Mr. Moss commenced a lightering trade on the River Yarra and in Hobson's Bay, and in 1870 purchased the business of Messrs. Norton, Graham, and Co, lightermen. Mr. Moss married, in 1839, Matilda, daughter of Richard Edwards Hill. Mrs Moss was connected with several old families, and at the death of the late Lord Hill, of Waterloo, her father became possessed of a considerable estate. She was also a descendent of Richard Pendrell, of Boscobel, Worcestershire, and, on the death of her father, inherited the Crown pension granted by Charles II, for the succour rendered in secreting him, and assisting in effecting his escape from the Cromwellian army.14
  • 4 Sep 1889, IN the SUPREME COURT of the COLONY of VICTORIA Probate Jurisdiction.—In the Will and two Codicils of HENRY MOSS, late of William street, in the City of Melbourne, Shipowner.—Notice is hereby given, that fourteen days after the publication hereof, application will be made to the Court, in its Probate jurisdiction that PROBATE of the WILL of the abovenamed Henry Moss, deceased, with two codicils thereto, may be granted to Grace Somner, of Kelso, Cotham-road, in the borough of Kew, wife of Arthur Hay Somner, of the same place, gentleman, and William Porter Vine, of Princess-street. Port Melbourne, shipping clerk, the executrix and executor thereby appointed.
    Dated this 2d day of September 1889.
    Edward Augustus Atkyns, 18, 19, 20 and 21 Eldon[?]-chambers, Bank-place Melbourne, proctor for the said executrix and executor.15
  • 4 Feb 1890, Proceedings in connection with the Moss will case were commenced to-day in the Supreme Court. A caveat is lodged against probate being granted to Mrs A. Summer, on the ground that she unduly influenced Henry Moss, sheep farmer, to make a will in her favour to the exclusion of his own family.16
  • 21 Feb 1890, The Moss will case, which has occupied the Supreme Court for fourteen days, was concluded to-day. The Jury found by a three-fourths majority that the various codicils of the will which confer benefits on Grace Somner, the defendant in the action, or her relatives, were inserted under and by reason of undue influence exercised over Henry Moss, the testator, by Grace Somner.17
  • 1 Mar 1890, In the celebrated Moss will case tried in Melbourne, in which it was sought to upset the will of the late Henry Moss; lighterman, of Melbourne, in favour of Mrs. Somner, to the detriment of Moss' family, on the grounds that testator was, subjected to .undue in- fluence by Mrs: Somner, the property in- volved; being valued at £31,355, the jury, after a lengthy consideration, found by eleven

    to one, that the will, and codicils had been obtained by the undue influence of Grace

    Somner, and that those portions of the will which conferred benefits on Grace Somner, or her relatives, were inserted therein, by undue influence. The will is thus set aside.

    Mrs. Somner has given notice of appeal to the Full Court, and it is understood, that if the Full Court is against her, the case will be sent to the Privy Council.18
  • 8 Mar 1890, Another proceeding has been commenced in the Supreme Court in reference to the Moss v Somner litigation. Henry Edwards Moss who is contesting the validity of the will of which Mrs Grace Somner and Mr. W. P. Vine claim to be executrix and executor, has commenced an action against Mrs Somner and Mr Vine by which he seeks to restrain the defendants, or either of them, from receiving or dealing with the estate, property, or effects of Henry Moss, late of Melbourne, shipowner deceased. He also asks for the appointment of a receiver over the estate of the late Henry Moss till the grant of probate or administration was made by the Supreme Court in its probate jurisdic- tion to the will or estate of the late Henry Moss, or during the litigation in respect to the will and two codicils of the said Henry Moss, now pending in the Supreme Court in its probate jurisdiction. The plaintiff's solicitors applied yesterday to Mr Justice Hodges in tbe Supreme Court for leave to serve with the writ a notice of motion for injunction and the appointment of a receiver. His Honour granted the application. The notice of motion for injunction and receiver will be given for Tuesday next.19
  • 15 Mar 1890, THE MOSS WILL CASE. APPOINTMENT OF A RECEIVER.
    In the Practice Court yesterday, the matter of the appointment of a receiver in the estate of the late Henry Moss, Port Melbourne, was brought before Mr. Justice Hodges. The application for the appointment of a receiver was made by Henry E Moss, the caveator in the recent trial, with a view to prevent Mrs. Grace Somner and W. P. Vine, who were the executors under the will decided against by the jury, and who are moving for a new trial, from dealing with the estate Mr Isaacs and Mr. Irvine appeared for Mr Moss, and Mr Higgins and Mr. Hayes for Mrs. Somner and Mr Vine.
    Mr ISAACS said the following agreement had been accepted by both parties, and was now submitted to his Honour:- Ordered that a receiver be appointed of the estate of Henry Moss, deceased, with the usual powers of a receiver, that it be referred to the chief clerk to determine who is a fit and proper person, and what security he be allowed and what salary he receive; that Mr Tracy manage the business of the testator, he paying all monies received, or to be received, in the said business into a trust account, in the name of the receiver, into the London Chartered Bank. The receiver to open an account in the London Chartered Bank in the name of Mr Tracy, as manager of the said business, by his cheque upon this trust account, for an amount to be fixed by the receiver as reasonably adequate tor the current expenses of the business for one week, and the receiver to supplement such by paying therein, from week to week as occasion may require, from the trust account, such sum or sums as shall be reasonably adequate for the expenses and management of the business. The receiver shall be at liberty at all times to inspect the books of the business, and to require Mr Tracy to keep an account properly vouched of all moneys received and paid by him, and to be at liberty also to enter and inspect the premises and the ships and the chattels of the said business. That so soon as the said receiver's appointment and security are completed, Mr, Martin, the interim receiver, be discharged, and thereupon pass his accounts and pay to such receiver to be appointed the balance in his hands. That in passing his accounts the said interim receiver be allowed his costs and charges properly incurred and a commission, if the chief clerk think fit, to be fixed by the chief clerk, upon all moneys received or collected by him. The costs of this application to be in the discretion of the judge of the court who decides this cause. Directed that the order be passed and entered forthwith.
    Mr. HAYES said they had appointed the Trustees, Executors, and Agency Company, of which Mr Templeton was the manager, as receivers, they being perfectly indifferent parties. The other side had proposed the Equity Trustee Company, but the solicitor for that company was also the solicitor tor Henry Moss, and it was thought best to have nobody connected with the will.
    His HONOUR assented to the terms of the agreement, and the proceedings terminated.20
  • 4 Sep 1890, The negotiations for the settlement of what is known as the Moss will case have not yet been completed. In the meantime another caveat has been lodged against the granting of the probate of the will of the late Mr. Henry Moss. The caveat was lodged yester- day by Captain Hall on behalf of his son Charles Harry Hall, who is a grandson of the
    deceased.21
  • 12 Dec 1890, THE MOSS-SOMNER WILL CASE. SETTLEMENT AGREED UPON.
    Mr Higgins applied in the Supreme Court yesterday for probate to the will of the late Henry Moss of Port Melbourne, lighterman, who died in August, 1889. Mr Moss possessed considerable property, and died leaving an estate which was valued at £31,355, which, with the exception of some legacies and annuities to members of his family, he left by will to his nurse, Mrs Grace Somner. Mr. W. P. Vine and Mrs Somner were appointed executor and executrix under the will.
    When probate of the will was applied for a caveat was lodged by Henry Edward Moss, the eldest son of the testator, on the ground that undue influence had been used by Mrs Somner to have the will and two of its codicils made in her favour. The question of whether undue influence had been used was referred to a jury of twelve. The trial took place in February last and the jury found that undue influence had been used. An application was then lodged for a new trial, and it was to have been heard at this month's sitting of the Full Court. Negotiations have been proceedinig for some time past, however,
    between Mr. E. A. Atkyns, solicitor for Mrs Somner, and Messrs Eggleston and Durham, solicitors for the caveator and other parties, with a view to a settlement by all parties concerned in the will, and a settlement has been duly arrived at. Second caveat which had been lodged by Captain Hall on behalf of his son, H. C. Hall, a grandson of the deceased was withdrawn, and Mr Higgins yesterday asked that a rule nisi which had been taken out against Henry E. Moss the caveator, should be made absolute, and that probate should be granted to the executor and executrix named in the will. Mr. A.T. Lewis, who appeared for H.E. Moss, consented to the application, and it was granted as requested.
    Under the settlement which has been made, H.E. Moss is to receive £9,100 out of the estate, and all his interest in the will is to be
    assigned to Mrs. Somner. Edwin O. Moss, a son, is to receive £200. The sum of £2,600 is to be assigned to the three members of the Hall family, relatives of the deceased, and two of them assign all their interests under the will to Mrs. Somner. Sophia Moss, a grandaughter, is to have the jewellery left by the deceased, and she will also receive an income of £150 per year which was left to her under the will. An annuity of £150 per year which was left to Mr. Moss is given up in consideration of the sum of £9000. The will and codicils are to be carried out in all respects, with the exceptions which have been mentioned, and the relatives of the deceased who were entitled to legacies or annuties under the will will receive them. The remainder of the property will go to Mrs. Somner.22
  • 4 Mar 1939, "Williamstown born and bred, I am! My father, Captain Robert Watson, was master of the old Gem for 40 years running between Williamstown and Port Melbourne, and after roughing it in the North Atlantic to Montreal and Quebec, he swore that no son of his would ever go to sea, so he put me into the office of old Henry Moss, lighterman — it's the Victorian Lighterage Pty. Ltd. — and I stayed in that office for four years.
    "Old Moss had a big fleet of lighters, bringing cargo up the river from Hobson's Bay out of the Port line and the Aberdeen and Blue Anchor ships. The old man's paddle tug was the Royal Oak, formerly the Sophia, but he cut her in two and lengthened her and renamed her Royal Oak, because his family received a Crown pension of £2 a year, having hidden King Charles II in the oak at Boscobel — in 1651, wasn't it? He called his house Boscobel. Swallow and Ariell's have a factory on that site now.23

Citations

  1. [S11] Newspaper - Argus 29 Apr 1886.
  2. [S31] IGI "M011681."
  3. [S36] Inward & outward passenger lists to and from Victoria. Series: VPRS 14; 7666; 7667; 7786); PROV (Public Records Office Victoria), B104 001.
  4. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1332-329 - Henry Moss of William Street Melbourne Ship Owner - C/T 1755-912.
  5. [S1] Registry of Births Deaths and Marriages Pioneer Index Victoria 1836-1888 "#D6800 (Age 76) [par Richard Edward HILL]."
  6. [S185] Property Titles. ; PROV (Public Records Office Victoria), C/T 1755-912 - Grace Somner wife of Arthur Hay Somner of Beaconsfield House Beaconsfield - C/T 1820-834.
  7. [S2] Registry of Births Deaths and Marriages Federation Index Victoria 1889-1901 "#D12625 (Age 82) [par William MOSS]."
  8. [S11] Newspaper - Argus 30 Aug 1889, p1.
  9. [S11] Newspaper - Argus 31 Aug 1889, p1.
  10. [S35] Probate Records, PROV (Public Records Office Victoria), 44/037 Shipowner.
  11. [S46] Index of burials in the cemetery of Boroondara, Kew,
    C1029: Henry MOSS; Henry MOSS (grandson); Edm George MOSS (husband of Sophie)
    C1030: Matilda MOSS; Henry Edwards MOSS; Ellen MOSS (his wife); Sophia Matilda MOSS.
  12. [S20] Various indexed records of GSV - Genealogical Society Victoria "Boroondara Memorial Inscriptions compiled by Port Philip Pioneers Group Inc 1993."
  13. [S14] Newspaper - Camperdown Chronicle, 30 Aug 1889, p2.
  14. [S11] Newspaper - Argus 2 Sep 1889, p5.
  15. [S11] Newspaper - Argus 4 Sep 1889, p10.
  16. [S14] Newspaper - Camperdown Chronicle, 4 Feb 1890, p2.
  17. [S14] Newspaper - The South Australian Register, 21 Feb 1890, p5.
  18. [S14] Newspaper - The Mercury (Hobart) 1 Mar 1890, p4.
  19. [S11] Newspaper - Argus 8 Mar 1890, p11.
  20. [S11] Newspaper - Argus 15 Mar 1890, p5.
  21. [S11] Newspaper - Argus 4 Sep 1890 p7.
  22. [S11] Newspaper - Argus 12 Dec 1890, p7.
  23. [S11] Newspaper - Argus 4 Mar 1939, p12.
Last Edited23 Mar 2019
 

NOTE

Many family sections show only the children who were associated with Upper Beaconsfield.