ADMON
In the Supreme Court of Victoria
In its Probate jurisdiction
In the Will of Mary FAULL late of Yapeen in the colony of Victoria, Widow
deceased.
1. I George GODFREE of Yapeen in the colony of Victoria,
storekeeper, make oath and say
2. That I seeking to obtain probate of the Will of the
above names Mary FAULL deceased. The said deceased died on the eighteenth
day of January one thousand eight hundred and ninety eight at Yapeen aforesaid.
3. The said deceased left a Will bearing date the fifth
day of June one thousand eight hundred and ninety five which is as I believe
the last Will and Testament of the said deceased and which is unrevoked.
4. By her said Will the said testamix appointed me this
deponent executor thereof.
5. The paper writing hereunto annexed marked ‘A’ is the
true last Will and Testament of the said deceased as I verily believe.
6. The said Will was executed in the presence of Sorrel
LANGSLOW and Samuel LEECH both of Castlemaine in the colony of Victoria, clerks
to Francis Kiriwan? BEST of the same place, solicitor.
7. The said deceased left no real estate in the colony
of Victoria but left personal property I the said colony not exceeding the
value of one hundred and fourteen pounds.
8. That to the best of my knowledge, information and belief,
the said deceased not with the space of two years preceding the date of her
death convey or otherwise dispose of, for other than adequate valuable consideration
any real or personal property of which she was sized or possessed.
9. That if I obtain probate I will well and truly collect
and administer according to law to the best of my knowledge and ability the
property, lands and hereditaments, goods, chattels and credits of the said
deceased at the time of her death, which at any time after shall come
to the power or control, hands or possession of me as her executor or of any
other person or persons for me and the same so made will sign with my
proper hand writing and will exhibit and deposit, or cause to be exhibited
and deposited the same inventory in the office of the Master in Equity within
three calendar months next ensuing the order granting Probate and further
that I will make or cause to be a true and just account of the administration
of the estate which I have undertaken as to receipts and disbursements, and
as to what portion is retained by me and what portion remains uncollected
and the same so make will sigh with my proper hand writing, and will exhibit
and deposit, or cause to be exhibited and deposited, the same account in the
said office of the Master in Equity within fifteen calendar months next ensuring
the order granting probate.
Sworn at Castlemaine in the Colony of Victoria this 25th day of February
one thousand eight hundred and ninety eight. Geo. Godfrey
Before me N D ?? ?? Commissioner of the Supreme Court of Victoria for taking
Affidavits.
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WILL
‘A’
This is the paper writing marmed A referred to in the annexed affidavit
of George GODFREE sworn before me this 25th day of February 1898.
Signed J N D???? A Commissioner of the Supreme Court of Victoria for taking
affidavits.
Dated 5 June 1895
The Will of Mrs Mary FAULL
F K Best Solicitor Castlemaine
I Mary FAULL of Yapeen in the colony of Victoria, widow, hereby revoke all
former Wills made by me and declare this to be my last Will and Testament.
After payment of all my just debs funeral and testamentary expenses I give
devise and bequeath all my real and persona estate whatsoever and where so
ever unto my two daughters and my grandson, namely Mary HOLME, the wife of
Charles HOLME, Susan REYNOLDS, the wife of George REYNOLDS, and John RODGERS,
a warder at the Pentridge Stockade, and the survivors or survivor of them
in equal shares.
I appoint George GODFREE of Yapeen aforesaid storekeeper, sole executor
of this my Will.
I direct that all legal business in connection with proving this my Will
shall be entrusted to my solicitor, Mr Francis Kiriwan? BEST of Castlemaine
in the said colony.
In Witness whereof I have hereunto set my hand this fifth day of June one
thousand eight hundred and ninety five.
Signed by the said Mary FAULL the testatrix as and for her last Will and
Testament in the presence of us present at the same time who at her request
in her presence and in the presence of each other have hereunto subscribed
our names as witnesses and we certify that the above will was first and previously
to the execution by the testatrix read over to her by the undersigned Sorell
SANGSLOW (the said testatrix being illiterate and unable to write) and she
appeared to perfectly understand and approve of the same and made her mark
hereto in our presence.
her
Mary X FAULL
mark
Sorell SANGLSLOW
Samuel LEACH
Clerks to Mr F K BEST Solicitor Castlemaine
Transcribed 2009 - copy held by Jacqy FAULL