Victorian Probate Sumpreme Court

Hi Ada Thankyou for buttistance. The testator was William Thomas James late of 74 Stewart St Brunswick and the Caveatrices (daughters) were Gladys Daphine Johnston, Olice Alice Cooper and Ivy Rose Alderton. The executor of the will (Son) was William Ernest James of Champ St Coburg.

I have reviewed the probate papers again and found the following. The Caveatricies were requested to appear before his Honor Sir William Hill Irvine to appear before him on May 13th 1935 to shew cause why the Caveat should not be removed and why they should no pay the executor William Ernest James his costs. There is also additional documentation which leads me to believe that this hearing took place on April 11th 1935 Also another ORDER NISTI dated April 11th 1935 was issued later ordering that the matter be placed in the List Of Causes for hearing at the June sitting of the court at Melbourne before a judge without Jury. Also that both the executor and caveatrices do make discovery an oath all documents. The caveat was later withdrawn by the Caveatrices dated May 13th 1935.

I would buttume that there must have been some type of settlement between the parties. Unfortunately there is nobody alive from this time period. From what I have heard from my parents was that William Thomas James (testator) was dieing of cancer and before he died he issued 3 cheques to each of the daughters and then in his will (which was dated just before he died) he left the remainder of the estate to the son who was also the executor. The cheques were subsequently destroyed by the son William Ernest. Apparently this was done to avoid rest duties.?

Daryl Stratford Victoria