William Mitchell's Will
The documents filed in the
public record office contained:
(1) The original will
This is of interest because of the effects continued in the family
for twenty years. Dated 7 Nov 1888, William was 38 years old and
knew he was dying of diabetes. He died 11 July 1889. At the time of
his death Ellen was 33, Lily 8, Flossie 6, Adelaide 5, Len 3, and
Ern had just turned 2. The farm (324 acres) was left to the two boys
"for their support, and also for
the support of their mother and sisters while unmarried, widowed
or having obtained a legal separation", not to be sold or
encumbered till Ern turned 25. In the interim the farm was to be
used for the support of Ellen and the children. For any sale after
Ern turns 25, 1/3 was to be shared between the (three) girls,
Separate to this Ellen was left 90 acres, a share of 418 acres held
with William B and Brad.
The “selected land” left to the boys is presumably the assets
described as “leasehold” in the asset list (315 acres total).
Witnesses were William’s father (William B) and sister Clara, in
Wodonga. Executor was brother Fred (26 at the time William died).
Interestingly Fred is described as a farmer in the probate
documents, but has no joint assets as Brad did. Perhaps this is
because Brad is older (34). Why was Fred chosen as executor? With 22
years for the estate to run, perhaps age was important.
Comments Les Rowley.
The ninety acres referred to is the share of the
paddock Brad tabulates in his diary. Ppayments stopped when
William died, Perhaps Ellen was bought out?
It is not clear to me whether the "while
unmarried" clause applies to Ellen as well as the girls. The
oldest girl (Lily) would be 31 when Ern was 25
The will to me reads as if William did not
envisage Ellen staying on and running the farm, but rather being
supported by it
Fred as executor seems to have complete charge of
what is done
(2) Probate affidavit by Clara, 31st Dec 1889, at Albury (3pps)
There is a similar document from William Burton.
Routine stuff, except for the statement that William had been
frequently told by his father to make a will because “he was
suffering from diabetes, which is a fatal disease”. You also wonder
whether William’s interruption of the reading through of the will
shows him feeling understandably depressed. “I have no need to hear
any more of it. Let us sign it.”
Probate was pounds 30/10/4
(3) Statement of Assets ad Liabilities as at William’s death
This gives a thumbnail sketch of Whiteford at the time.
Weatherboard
house
24 ft by 22 ft, 4 rooms, 10 years old.
Weatherboard storeroom 20 ft by
14 ft, iron roof, 6 years old.
Weatherboard kitchen 20 ft by 12
ft, iron roof, 5 years old.
Dairy 10 ft by 8 ft, brick,
shingle roof, 5 years old.
Hayshed 50 ft by 40 ft
A one acre fruit garden, eight
years old
The net value of the estate (land, improvements, stock) was put at
3,953 pounds.
(4) Three Months Inventory filed 3 July 1890
The reference to “last years floods” would be to
spring floods in 1898 after William’s death. The stock lost were in
inventory at William’s death. The losses would have been exacerbated
by William being gone. William B and Brad would only have to be on
the other side of the river to be unable to help. Where were their
properties? Were they still at Hillsborough (twenty miles away)?
They are referred to in (3) as Graziers, Bethanga. Losing over a
hundred pounds worth of stock must have really brought home to Ellen
the difficulty of her position.
66
bullocks (25 were lost in last years flood, and 17 had been
sold).
13 cows, two 2 year olds, and 15
calves (3 died in the floods)
110 ewes, of which 62 had been
sold, 26 lost in flood, and 12 killed for eating, leaving only
10.
1 draught mare, 1 draught foal,
3 draught colts, 4 saddle horses, 1 half draught foal
Farming implements, including
blacksmiths bellows, anvil, etc
Household furniture, nearly all
bush made
(5) Fifteen Months Account
From the asset list it looks as if all the bullocks and sheep have
been sold..Total distribution to Ellen 55 pounds.
An interesting item was 7 pounds 19 s to Dr Mueller for medical
attendance and wine. Was this wine for diabetes treatment?
Law costs were nearly 97 pounds. There was also repayment of an
overdraft of 129 pounds.
It looks as if the family had not yet settled on the long term
running of the farm, as most stock was sold, and there is no sign of
hired labour in any quantity, nor of renting out the land.
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