Wills

The Public Records Office of Victoria is currently making many early Victorian Will and Probate records available online, free of charge. You can search and download full .pdf files of the original documents, which in many cases contain the handwritten wills of the individuals. At present, I am only transcribing the actual wills and not the rest of the legalese involved in these documents. Other relevant information not contained in the text of the actual Wills will also be included.

John MONTGOMERY (1816 - 1892)

Will Date 3 June, 1892:

"This is the last Will and testament of me, John MONTGOMERY, Farmer of Tallygaroopna in the Colony of Victoria. After payment of all my just debts funeral and testamentary expenses, I give and bequeath to my dear Wife, Elizabeth Ann Montgomery, all my real and personal estate, Farm Stock, produce, agricultural implements, effects, etc, for her sole use and benefit during her lifetime.

 

And at her decease the whole of the above property real and personal, I give and bequeath to my sons Thos Teer Montgomery and Robert Nelson Montgomery, subject to the payment of the following Legacies:

 

my son Henry MONTGOMERY, fifty pounds, 50-0-0

my son John Graham MONTGOMERY, two hundred pounds, 200-0-0

my daughter Elizabeth Ann CANET, fifty pounds, 50-0-0

my son George Stewart MONTGOMERY, one hundred pounds, 100-0-0

my son William Clarkson MONTGOMERY, two hundred and fifty pounds to be placed in Bank or other Institution for income for him, 250-0-0

my daughter Anne MONTGOMERY, one hundred pounds, 100-0-0

 

XXX division of real estate, Farm, I direct the land be divided in equal parts or portions, the western portion with house thereon, I give to my son Thomas Teer MONTGOMERY, the eastern portion I give to my son Robert Nelson MONTGOMERY. I direct that the whole of the personal property and effects, stock, plant etc, be divided by my son Thomas Teer MONTGOMERY in equal parts and my son Robert Nelson MONTGOMERY, take his choice of same for his share, the remaining part or portion becoming the share of Thomas Teer MONTGOMERY.

 

And I appoint Thomas Henry THWAITES of Hampton House, Jolimont and my wife, Elizabeth Ann MONTGOMERY, Executor of this my Will in witness whereof I have herewith set my hand this third day of June, one thousand eight hundred and ninty two.

 

Signed and acknowledged and declared by the said testator John MONTGOMERY, as for his last Will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereto subscribed our names as witnesses: John MCGUINESS, Medical Practitioner, Numurkah and Francis Henry MOHN, Groom, Numurkah. "

 

from PROV File No.49/390 VPRS_7591_P0002_197

Listing of Assets from PROV File No.49/390VPRS_28_P0002_341

Elizabeth Ann MONTGOMERY (1829 - 1903)

"This is the Last Will and Testament of Elizabeth Ann Montgomery of Tallygaroopna - Farmer.

 

Herein I give, devise and bequeath to my sons - Thomas Teer and Robert Nelson in equal shares the following, my property viz. bne mare. Four head of cattle. All my grain and stacks of hay. Reaper and binder. Chaff-cutter and horseworks. Spring cart and harness.

 

To my son, Thomas Teer, I give all my household goods and effects. With the exception of the sewing machine, which I give to my daugher, Jane.

 

Given under my hand this Fourth day of July, in the Year of Our Lord Eighteen Hundred and ninety-four.

Signed, Elizabeth Ann Montgomery

Signed before us who in her prescnes and in the presence of each other, do inscribe our names as witnesses hereto.

George Montgomery (Ed: Son)
Clarkson Sandilands (Ed: Brother)"

 

from PROV File No. 89/375 VPRS_7591_P0002_356

At the time of her death, Elizabeth owned no property but had £129/4/9 in the Bank of Australiasia, Shepparton and £16/14/4 in the Commercial Bank of Australia, Shepparton. Probate was dealt with on the 5 Feb 1904. The paperwork was dealt with by Thomas Henry THWAITES, cousin to Elizabeth Ann MONTGOMERY (son of her sister, Elizabeth).

Her children are listed as:

• John Graham MONTGOMERY of Tallygaroopna
• Elizabeth Ann CANET of Tallygaroopna
• George Stewart MONTGOMERY of Marungi
• William Clarkson MONTGOMERY of Tallygaroopna
• Thomas Teer MONTGOMERY of Tallygaroopna
• Jain ANDERSON of Bubbartha
• Robert Nelson MONTGOMERY of Tallygaroopna
• Henry MONTGOMERY of South Australia

Anna CUMMING (1821 - 1891)

Will Date 8 Nov, 1888:

"This is the Last Will and Testament of me, Anna Watson of Williamson Street Sandhurst in the Colony of Victoira, Widow. I give and devise the Glasgow Arms Hotel situate in Williamson Street Sandhurst aforesaid and the land connected therewith unto my son Thomas Watson absolutelty if he survive me but if not then unto his sons Thomas Watson and John Smart Watson in equal shares. I give, devise and bequeath all the rest residue and remainder of any real estate and all my personal property whatsoever and wheresoever unto my son George Watson absolutely if he survive me but if not then unto his sons George Watson and Charles Gordon Watson in equal shares and proportions. I direct that any debts funeral and testamentary expenses shall be paid out of any personal estate And I appoint the Reverend James Nish of Sandhurst aforesaid Presbyterian Clergyman and Henry O'Neil of Wattle Steet Sandhurst aforesaid Mining Investor Executors of this my Will. In Witness whereof I said Anna Watson the Testatrix have to this my last will and testament set my hand and seal this eigth day of November One thousand eight hundred and eighty eight.

Witness:

Geo H Bush - Storekeeper Sandhurst
W Duncan - Clerk to J W Rymer Solicitors Sandhurst"

 

from PROV 46/720 VPRS7591 P0002 183

Listing of Assets from PROV 46/720 VPRS 28 P0002 320

Assets - Real Estate

Crown allotments 262 am 263 Section H Sheepwash Road City of Bendigo, Parish of Sandhurst containing 1 rood 7 8/10 perches on which is erected a weatherboard house containing 4 rooms anda wooden stable. Rated at £14.0.0 per annumm. Valued at £140.0.0. Used by deceased as a residence to date of death.

 

Crown Allotment 260 Section H aforesaid containing 32 perches on which is erected the Junction Hotel built of brick containing 7 rooms also 3 stall stable build of weatherboard. Rated at £30.0.0 per annum. Valued at £300.0.0

 

Crown Allotment 21 Section 7 C City of Bendigo containing one rood on which is erected the Glasgow Arms Hotel buidl of brick and containing 7 rooms. Rated at £65.0.0 per annum. Valued at £600.0.0

The last two allotments are leased to Messrs Pritchard & Chamberlain of Bendigo Brewers.

 

Part of Crown Allotment 20 Section 7C City of Bendigo aforesaid containing 10 7/10 perches of which is erected a shop containing 6 rooms built of weatherboards. Let at 12s per week. Rated at £30.0.0 per annum. Valued at £100.

Deceased claims title to this allotment by possession.

 

Personal Estate

Landed property held under lease or licence from the Crown - Nil
Improvements consisting of Nil
Rents - Nil
Crops consisting of Nil
Livestock consisting of 12 common fowls
Farming implements consisting of Nil
Carriages - Nil
Harness and Saddlery Nil
Furniture, Watches, Trinkets etc

• 2 silver watches (old and broken)
• 3 silver brooches

Money in hand or house - Nil
" Bank Current Acc - Nil
" " Deposit - Nil
Interest - Nil
Debentures - Nil
Mortgages - Nil
Life Policies - Nil
Bonuses - Nil
Shares - Nil
Dividends - Nil
plant consisting of Nil
Tools - Nil
Debts due to the estate - Nil
Stock in Shop or Buinsess - Nil
Insterest in a partnership or business - Nil
Goodwill - Nil
Interest in a deceased persons estate - Nil

Proved 23rd Sep 1891 by Rev James NISH, Presbytarian Clergyman and Henry O'NEIL, Mining Investor.

Newspaper Articles

 

Zacharie Théophile CANET (1813 - 1851?)

 

The London Gazette - 16th June, 1843

Notice is hereby given, that the Partnership here-tofore susbsisting between us the undersigned, Teophille CANET and Richard James BARROW, as Tailors, carrying on business at No. 60, Frith-street, Soho, was this day dissolved by mutal consent; and all debts due to and by the said partnership business will be received and paid by the said Teophille CANET. - Dated this 10th day of June 1843. Teophille CANET and Richard James BARROW.

The London Gazette - 4th June, 1844

Notice is hereby given, that the Partnership here-tofore susbsisting between us the undersigned, Teophille CANET and Thomas MASON, carrying on business as Tailors, at No. 60, Frith-street, Soho, and No. 17, George-street, Hanover-square, in the county of Middlesex, has been this day dissolved by mutal consent. - Dated this 30th day of March 1844. Teophille CANET and Thos. MASON.

 

Henry Vincent CANET (1878 - 1953)

 

Sale of Air Rifle - Fine Imposed

The Argus, 5 June 1925

SALE OF AIR RIFLE

Buyer Under Age

 

An unusual case was heard at the Fitzroy Court on Thursday, when Henry Canet, of the Blue Bell Cycle Works, Brunswick street, Fitzroy, was charged with having, on or about May 6, sold two air rifles to a person under the age of 38 years. Mr. D. Grant, P.M., and Mr. A. Rosen, J.P., were on the bench.

 

George Buchanan Robertson, schoolboy, said:- My brother and I visited Canet's shop and asked for two Daisy air guns. He asked us whether we had our parents permission, and sent us back for a note. We obtained a note and gave it to him, and he let us have the two guns. We paid 8/6 each for them.

 

Mr. J. Carroll, who appeared for Canet, said that his client had acted in ignorance of the regulations. He had expected to find the regulation in the Firearms Act, but had found it in the latest amended Police Offences Act. He thought that many shopkeepers were ignorant of this regulation.

 

Mr. Grant said that he believed that Canet had acted in ignorance of the law. A fine of 40/ was imposed.

 

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