Last Will and Testament of Thomas Waters

My 2x Great Grandfather

I have posted previously about my 2x great grandfather Thomas Waters, so I have included links to those posts at the bottom of the page. There is a link to the letters he wrote home to his family in Bedfordshire, England. That link contains a list of links to all letters.

Life for Thomas, after his arrival in Australia, was one difficulty after another. Unfortunately, there are many gaps in what we know about his life. What we do know, is that he moved to Rochester between 1873 and 1876. After that time, his occupation was always claimed to be ‘labourer. However, known family history is that he had a farm just outside Rochester. This was told to my great grandfather by Thomas, his father. It’s obvious by his will, that by the time of his death, though he wasn’t wealthy, he was much better off financially, than after he arrived in Australia, married and had a family of young children.

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Last Will and Testament¹

Will for Thomas Waters born Newton Bury, Dunton Bedfordshire, died 28 June 1913 at Rochester, Victoria, Australia. Will was dated 12 April 1909

This is the last will and testament, of me, Thomas Waters, of Rochester in the State of Victoria, labourer.
I give, devise and bequeath unto the executor appointed to my will, to see that after all my just debts and funeral expenses are paid, the executor will pay to my son, Thomas William, the sum of ten shillings 10/- and will equally divide the surplus if any, to my sons and daughters and invoke all former wills.
David
Leonard James
Ernest Welfare
Susan Catherine
Marion Rose
(children of Thomas Waters)

And I hereby appoint my son, Ernest Welfare, executro of this my will in witness whereof I have hereunto set my hand this 12th day of April in the year of our Lord one thousand nine hundred and nine.
Signed by the said Thomas Waters, the testator and by him declared to be his last will and testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
signed:
Thomas Waters
Ernest Waters
Albert Edward Mancer

Statement of Assets and Liabilities
In the Supreme Court of Victoria. Probate Jurisdiction. In the will of Thomas Waters, late of Rochester, in the State of Victoria, Laborer, deceased.

Assets and Liabilities
Assets
Real Estate:
1 rood, 20 perches of freehold land situate at Rochester, being allotment 3, section A, town and parish of Rochester, county of Victoria and on which is situate one four roomed weatherboard dwelling house £60
Personal Estate:
Life Policies – Australian Mutual
Provident Society £100
Bonus £2 8/-
Total: £162 8/-
Liabilities
Humphries Bros, builders
Rochester – goods £8
D. Waters, Butcher Kyneton
Money lent £8
H. Reddie, Diggora, Baker – goods £2 15/-
Balance for Duty £143 13/-
Total £162 8/-

Probate

In the Supreme Court of the State of Victoria. In the Probate Jurisdiction
In the will of Thomas Waters late of Rochester, in the State of Victoria, Laborer, deceased.
I, Ernest Welfare Waters of Millewa, in the State of Victoria, farmer, make oath and say –
1. that the following advertisement, duly appeared in The Age newspaper published in Melbourne on the 6th day of September 1913 namely –
Notice is hereby given that after the expiration of fourteen days from the publication hereof, application will be made to the Supreme Court of the State of Victoria, in the Probate Jurisdiction that probate of the will of Thomas Waters late of Rochester, in Victoria, laborer, deceased may be granted to me, Ernest Welfare Waters of Millewa in Victoria, farmer, being the executor appointed by the said will.
Dated this 5th day of September 1913
Signed by Ernest Welfare Waters
Sworn at Echuca in the State of Victoria this 26th day of September, one thousand nine hundred and thirteen
Signed by Ernest Welfare Waters

In the Supreme Court of Victoria. In the Probate Jurisdiction
In the will of Thomas Waters, late of Rochester in Victoria, above, deceased.
I. Ernest Welfare Waters, of Millewa in Victoria, farmer, make oath and say –
1. That the will marked A produced and shown to me at the time of swearing this, my affadavit, was written out by me, this deponent, under instructions from the above named deceased on the day it was executed on the 12th day of April 1909.
2. That the said will contains the last wishes of the deceased as to the disposal of his estate after his death.
3. That after I wrote out the said will, I read it over, to the said deceased, and he seemed perfectly to understand the same and expressed his approval of the contents thereof.
4. That on the said 12th day of April 1909, the said deceased said to me “I want you to write out my will for me today.” I said, “Very well”, and I then wrote out the said will as aforesaid, and after I had finished reading it over to him, he said to me “Now you had better go and get witnesses to witness my signature to it.” I then went and brought Ernest August Martens and Albert Edward Mancer, who attested the said will.
Sworn at Echuca in Victoria, this 16th day of January 1914
Signed by Ernest Welfare Waters

Previous Posts About Thomas Waters

Letters to Bedfordshire N. 8

Destructive Fire in Kyneton

The Life of Thomas Waters

Newton Bury Farm, Dunton, Bedfordshire

1. WILL, Thomas Waters, Public Record Office of Victoria (PROV) 28/P/3 UNIT 415 File 132/264. Accessed 20 July 1986