George EVANS [11354]

  General Notes:

Birth date from baptism entry:
George Evans born 11 Apr 1839 Baptised 4 Jul 1852 son of George Edwards & Sarah Evans builder of Show Hill.
Ref: St Sepulchre Holborn 1852 LON

George married Emily Fitzgerald on 27th May 1868 at St. Michaels Church, Sydney according to the rites of the Church of England by Hulton Smyth King.[no. 420-1868]. His address at that time was Victoria Street, Sydney. He eventually became the owner of the property called DABEE, near Rylstone in N.S.W. and his grandson, Richard, is now the present owner. He died on 30th October 1910, in Sydney.

No. 51051
Will of George Evans late of Sydney Solicitor
3 Mar 1909
This is the last Will and Testament of me George Evans of Sydney in the State of New South Wales retired solicitor I hereby revoke all former Wills and Codicils made by me and declare that this is my last Will.
1. I appoint the Permanent Trustee Company of New South Wales Limited (thereinafter called my Trustee) to be Executor and Trustee of this my Will
2. I declare that in the interpretation of this my Will the expression "my Trustee" shall (where the context permits) mean and include the Trustee or Trustees for the time being hereof whether original or substituted.
3. In as much as my wife and my son Robert Fitzgerald Evans are amply provided for I deem it right that they should take nothing under this my Will and I declare that the indebtedness of my said son Robert Fitzgerald Evans to me which now stands at fourteen thousand pounds has not been satisfied but from part of my estate and shall be dealt with by my trustee accordingly
4. I bequeath the following pecuniary legacies free of all duties (a) to my caretaker R Hunter the sum of one hundred pounds (b) To his son John Hunter the sum of fifty pounds
5. I give devise and appoint unto and to the use of my Trustee the Permanent Trustee Company of New South Wales Limited its successors and assigns all the real estate And I bequeath to my trustee its successors and assigns all the personal estate of or to which I shall be seized possessed or entitled or over which I shall have any disposing power at the time of my decease UPON Trust to sell call in and convert unto money my real and personal estate at such time or times and in such manner and upon such terms and conditions as my Trustee in the uncontrolled discretion of my Trustee shall think fit with full power to buy in recind or vary any contract of sale and to recall any property intended to be included

in any such sale without being answerable for any loss and with power in the like discretion to postpone any such sale conversion or realisation for such periods as my Tustee may think fit and pending such sale conversion and realisation to let or lease for any term not exceeding three years manage and supervise the whole or any part of my said estate and to receive the rents and profits thereof and out of any moneys coming into their hands from my estate to execute and to pay for all such cultivation improvements repairs insurances and other matter as my Trustee may think expedient AND I declare that the income arising from any property for the time being unconverted shall as from my death be applicable as income of my estate.
6. Subject to the payment thereof of my debts funeral and testamentary expenses and the legacies given by this my Will or any Codicil thereto and the duties on said legacies I direct that my Trustee shall stand possessed of the proceeds of the sale calling in and conversion of my said real and personal estate and any part or parts of my said real and personal estae fot the time being unconverted UPON trust to divide the same into five equal parts and to stand possessed of such five equal parts UPON the following trusts respectively,
1a. As to two of such equal shares UPON trust to pay the income thereof to my daughter Emily Ethel MacLaurin during her life for her separate use without power of anticipation and after her death UPON trust to pay out the same two equal fifth shares the sum of one hundred pounds to the Nepean Cottage Hospital Penrith and the sum of one hundred pounds to the St. Vincent's Hospital and to divide the residue of the same two equal fifth shares equally between the Sydney Hospital and the Royal Prince Alfred Hospital And I declare that the receipt of the Treasure or other proper officer for the time being of the said respective Hospital shall be sufficient discharges to my Trustee
2a. As to the remaining three equal fifth shares Upon Trust for my son Archibald Fitzgerald Evans absolutely
3a. And as to the remaining one equal fifth share UPON Trust for my daughter Elizabeth Henrietta Evans absolutely her share being less than the others inasmuch as she is already interested under her grandfathers Will
7. I direct that any moneys liable to be invested by my Trustee may be invested in any of the following forms of investment with liberty to vary and transpose the same from time to time namely (a) Any of the inc for the time being allowed by law for the investment of Trust Funds (b) The stocks or funds of the Commonwealth of Australia or any State thereof (c) First mortages of freeholds situate in the State of New South Wales (d) The purchase of freehold properties situate in the State of New South Wales (e) Deposit receipts to be issued and payable in Sydney New South Wales of the Bank of New South Wales The Commercial Banking Company of Sydney Limited and the English Scottish and Australia Bank Limited.
8. My Trustee shall have the following further powers (a) Notwithstanding the Trust for sale hereinbefore contained to appropriate any real or personal property forming part of my estate to or towards the share of any person or persons in the proceeds of sale thereof under the trusts hereinbefore contained and for the purposes aforesaid to fix the value of such real or personal property so appropriated or set apart as my Trustee shall think fit and every each appropriation setting apart and valuation shall be building upon all persons and Institutions interested under this my Will (b) To agree and settle accounts with all persons liable to rec. . . . . to my estate and for that purpose to execute effected receipts releases and discharges (c) To determine in all cases of doubt whether any moneys coming to the hands of my Trustee are capital or income and to apportion blended funds and every such determination or apportionment shall be final and binding on all persons and institutions beneficially interested under this my Will.
9. I direct my Trustee to employ the firm of Villeneuve Smith and Dawes as solicitors for my estate
In witness whereof I have hereunto set my hand this third day of March in the year of our Lord one thousand nine hundred and nine - Geo. Evans
Signed by the above named George Evans as his last Will in the joint presence of himself and us who his request and in such joint presence have hereunto subscribed our names as Witnesses
Edw, G. Dawes solicitor Sydney - Alfred Graham clerk to Messrs Villeneuve Smith and Dawes Solrs Sydney.

24th November 1910 - On this date Probate of the Will of the said deceased was granted to The Permanent Trustee Company of New South Wales Limited the executor named in the said Will. Testator died at Sydney 24th October 1910. Estate sworn at L27,614.8s.6p net.

Ref: Deaths 17134/1910 - Fathers name Geo E, mothers Sarah.
NSW BDM www.bdm.nsw.gov/familyHistory/searchHistoricalRecords.htm

They had issue 4 boys and 2 girls

George married Emily FITZGERALD [11353] [MRIN: 3796], daughter of Hon Robert FITZGERALD of Sydney M.L.C. [1533] and Elizabeth Henrietta ROUSE [4833], on 27 May 1868 in St Michaels Surry Hills Sydney. (Emily FITZGERALD [11353] was born on 1 Nov 1848 in Windsor N.S.W. and was buried on 21 Aug 1929 in St Matthew Windsor NSW.)