Australian English Genealogy

Descendants of William Bailey

Notes - Page 2

Margaret Bradley Jones

Buried in the Bailey Family Cemetery, Clyde Farm, Upper McDonald. (6 graves) . 7.4 km north of St Albans Bridge

3. John Thomas Bailey


(Before Mr. Justice Harvey.)
A DISPUTED WILL. Bailey v Fernance.
This was a suit in which the plaintiffs, Ernest Bailey and Newman Prosper Bailey, executors of the alleged last will and testament of their father, William Bailey, asked that probate of the will be granted to them. The application was opposed by Edith Fernance, a daughter of the testator, and, sister of the plaintiffs, on certain grounds. Mr. W. F. L, Owen (Instructed by Mr. J. J. Paine) appeared for the plaintiffs; and Mr. W. J. G. Mann (instructed by Mr. E. R. Mann) represented the defendant. Plaintiffs claimed that on August 27, 1925, their father, William Bailey, who resided at Upper McDonald, St. Albans, executed his last will and testament, being then of sound mind, memory, and understanding, and appointed them executors and trustees of his estate, which, for probate purposes, was valued at £980. The testator, who was a widower, and 69 years of age, died on November 2, 1925, without having revoked or altered his will. In the local paper on November 19 and 20 they gave notice of their intention to apply for probate of the will to be granted to them as such executors, and on December 1 the defendant lodged a caveat against the granting of probate to them. Subsequently the matter was ordered to come before the Court as a contested suit, in which the plaintiffs now asked that probate be granted to them. The defendant pleaded that the document dated August 27, 1925, which the plaintiffs alleged was the last will and testament of her father, was not duly executed as required by law; that the testator was not of sound of mind, memory, and understanding at the time of the alleged execution; and that he did not know and approve of its contents. By his will, the testator left his farm and real and personal effects, other than those mentioned, to his son, the plaintiff Newman Prosper Bailey, who, after payment of his Just debts was to pay to two of his (testator's) daughters £100 each, and to each of six other daughters £25. Portion of a property, known as Gorrick's Run, was left to testator's son, Ernest Bailey, and a bay colt to a grandson. The defendant's name was not mentioned in the will.

Source: The SMH Nov1926