Hi Kerrie and Kathleen, Addressing a couple of questions raised by each of you: As stated by Nivard, the distribution is in the control of the Executors and depends completely on the actual wording of the will. There are MANY occasions when peoples' wills were very generous in their bequests etc. but by the time of their death and probate being granted, often didn't have the assets they were giving away. If funds or items were left IN TRUST for, ie. Siblings instead of wife, then those items are specifically transferred into a trust or held by the Executors / Trustees. So if a wife later died and her estate included a large sum of money, that sum would NOT include items held by the Executors or Trustees. If it was property [real estate] that was held in Trust, then the title of that property was never transferred to the wife and again would not be part of her estate. If you spend time following the ownership on specific property you will find the title sits in the name of the Executors or Trustees until the interim beneficiary has died and the title is then legally transferred to the next stated beneficiary. If the original will didn't use the right words to ensure that their wishes would be carried out [ie. that items were only for the USE of a person during their lifetime] then not a lot can / could be done. If the Executors / Trustees didn't act according to the original will, then you can always try contesting based on that but good luck - these often long drawn out cases are what makes the legal fraternity very rich. Kathleen, unless there are GOVERNMENT legal documents required for the transfer of items [Land Titles, Motor Vehicle Ownership etc.] then it's very difficult to identify. You would need to find non-government documents - i.e. solicitor's correspondence, bank account details etc. etc. In Victoria, the Probate Files give more details than I have found in New South Wales ones. Often an extremely detailed Inventory of Assets and a list of Distribution of all assets. Hope that helps with the explanations. Regards ...... Susie Zada -----Original Message----- From: aus-nsw-bounces@rootsweb.com [mailto:aus-nsw-bounces@rootsweb.com] On Behalf Of Kathleen via Sent: Friday, 20 February 2015 11:58 PM To: Kerriea; aus-nsw@rootsweb.com Subject: Re: [AUS-NSW] Wills query Is there anywhere I can find out what people actually got from a will. A couple of wills I read said that after the wife died the remainder of the estate would be sold and divided equally amongst the remaining family. Thanks Kathleen. ----- Original Message ----- From: "Kerriea via" <aus-nsw@rootsweb.com> To: <aus-nsw@rootsweb.com> Sent: Friday, February 20, 2015 2:56 PM Subject: [AUS-NSW] Wills query > Hi > > I have been looking at some of the NSW wills available on Find My Past and > am curious about a couple of wills and hope someone may be able to assist > me. A James Stevenson died childless in 1945 and left an estate of > almost £27,000. He left various bequests to charitable organisations and > the bulk of his estate went to his wife Constance. The will stated that > at her death any money remaining was to be divided between his surviving > siblings or their children in Ireland. > > Constance Stevenson died in 1948 and in her will she left her estate of > £21,000 to various charities and friends. I‘m curious to know whether the > wishes of her husband – to leave the remainder of his estate to his > siblings after his wife’s death would have been implemented or did the > wife’s will over-ride his will. > > I’d be grateful for any clarification on this situation. > > Many thanks > Kerrie

Thanks Susie for your reply. It does help. The wills I have been looking at were in the late 1800s. Kathleen. ----- Original Message ----- From: "Susie Zada" <szada@zades.com.au> To: "'Kathleen'" <starr2010@bigpond.com>; <aus-nsw@rootsweb.com>; "'Kerriea'" <kerriea@aapt.net.au> Sent: Saturday, February 21, 2015 8:02 AM Subject: RE: [AUS-NSW] Wills query Hi Kerrie and Kathleen, Addressing a couple of questions raised by each of you: As stated by Nivard, the distribution is in the control of the Executors and depends completely on the actual wording of the will. There are MANY occasions when peoples' wills were very generous in their bequests etc. but by the time of their death and probate being granted, often didn't have the assets they were giving away. If funds or items were left IN TRUST for, ie. Siblings instead of wife, then those items are specifically transferred into a trust or held by the Executors / Trustees. So if a wife later died and her estate included a large sum of money, that sum would NOT include items held by the Executors or Trustees. If it was property [real estate] that was held in Trust, then the title of that property was never transferred to the wife and again would not be part of her estate. If you spend time following the ownership on specific property you will find the title sits in the name of the Executors or Trustees until the interim beneficiary has died and the title is then legally transferred to the next stated beneficiary. If the original will didn't use the right words to ensure that their wishes would be carried out [ie. that items were only for the USE of a person during their lifetime] then not a lot can / could be done. If the Executors / Trustees didn't act according to the original will, then you can always try contesting based on that but good luck - these often long drawn out cases are what makes the legal fraternity very rich. Kathleen, unless there are GOVERNMENT legal documents required for the transfer of items [Land Titles, Motor Vehicle Ownership etc.] then it's very difficult to identify. You would need to find non-government documents - i.e. solicitor's correspondence, bank account details etc. etc. In Victoria, the Probate Files give more details than I have found in New South Wales ones. Often an extremely detailed Inventory of Assets and a list of Distribution of all assets. Hope that helps with the explanations. Regards ...... Susie Zada -----Original Message----- From: aus-nsw-bounces@rootsweb.com [mailto:aus-nsw-bounces@rootsweb.com] On Behalf Of Kathleen via Sent: Friday, 20 February 2015 11:58 PM To: Kerriea; aus-nsw@rootsweb.com Subject: Re: [AUS-NSW] Wills query Is there anywhere I can find out what people actually got from a will. A couple of wills I read said that after the wife died the remainder of the estate would be sold and divided equally amongst the remaining family. Thanks

Hi Nivard & Susie Thank you very much for your replies which were a great help. I've rechecked the wills and James Stevenson's stated he left the residue of his estate to his executor and trustee (Perpetual Trustee Co) and this was called his residuary trust fund. His wife was to have the income from this trust during her lifetime. So I am assuming after his wife's death his Irish siblings received their inheritance. Thanks, I have learnt a lot from your replies. Regards Kerrie -----Original Message----- From: Susie Zada Sent: Saturday, February 21, 2015 9:02 AM To: 'Kathleen' ; aus-nsw@rootsweb.com ; 'Kerriea' Subject: RE: [AUS-NSW] Wills query Hi Kerrie and Kathleen, Addressing a couple of questions raised by each of you: As stated by Nivard, the distribution is in the control of the Executors and depends completely on the actual wording of the will. There are MANY occasions when peoples' wills were very generous in their bequests etc. but by the time of their death and probate being granted, often didn't have the assets they were giving away. If funds or items were left IN TRUST for, ie. Siblings instead of wife, then those items are specifically transferred into a trust or held by the Executors / Trustees. So if a wife later died and her estate included a large sum of money, that sum would NOT include items held by the Executors or Trustees. If it was property [real estate] that was held in Trust, then the title of that property was never transferred to the wife and again would not be part of her estate. If you spend time following the ownership on specific property you will find the title sits in the name of the Executors or Trustees until the interim beneficiary has died and the title is then legally transferred to the next stated beneficiary. If the original will didn't use the right words to ensure that their wishes would be carried out [ie. that items were only for the USE of a person during their lifetime] then not a lot can / could be done. If the Executors / Trustees didn't act according to the original will, then you can always try contesting based on that but good luck - these often long drawn out cases are what makes the legal fraternity very rich. Kathleen, unless there are GOVERNMENT legal documents required for the transfer of items [Land Titles, Motor Vehicle Ownership etc.] then it's very difficult to identify. You would need to find non-government documents - i.e. solicitor's correspondence, bank account details etc. etc. In Victoria, the Probate Files give more details than I have found in New South Wales ones. Often an extremely detailed Inventory of Assets and a list of Distribution of all assets. Hope that helps with the explanations. Regards ...... Susie Zada -----Original Message----- From: aus-nsw-bounces@rootsweb.com [mailto:aus-nsw-bounces@rootsweb.com] On Behalf Of Kathleen via Sent: Friday, 20 February 2015 11:58 PM To: Kerriea; aus-nsw@rootsweb.com Subject: Re: [AUS-NSW] Wills query Is there anywhere I can find out what people actually got from a will. A couple of wills I read said that after the wife died the remainder of the estate would be sold and divided equally amongst the remaining family. Thanks Kathleen. ----- Original Message ----- From: "Kerriea via" <aus-nsw@rootsweb.com> To: <aus-nsw@rootsweb.com> Sent: Friday, February 20, 2015 2:56 PM Subject: [AUS-NSW] Wills query > Hi > > I have been looking at some of the NSW wills available on Find My Past and > am curious about a couple of wills and hope someone may be able to assist > me. A James Stevenson died childless in 1945 and left an estate of > almost £27,000. He left various bequests to charitable organisations and > the bulk of his estate went to his wife Constance. The will stated that > at her death any money remaining was to be divided between his surviving > siblings or their children in Ireland. > > Constance Stevenson died in 1948 and in her will she left her estate of > £21,000 to various charities and friends. I‘m curious to know whether the > wishes of her husband – to leave the remainder of his estate to his > siblings after his wife’s death would have been implemented or did the > wife’s will over-ride his will. > > I’d be grateful for any clarification on this situation. > > Many thanks > Kerrie