Garry Gillard > genealogy > Robert Dyer Gillard >
Transcribed by Garry Gillard in 2021. First time I'd seen it, though my father was a beneficiary of it more than half a century after it was written. Until then, he didn't know he had any Gillard relatives.
This is the last and only Will and Testament of me Robert Dyer Gillard of number 141 Reilly Street in the City of Collingwood in the state of Victoria Australia. Whereas after paying all just debts and personal expenses immediately after my death I give and bequeath to my Wife Grace Gillard the four roomed house situate and known as 139 Reilly Street in the City of Collingwood aforementioned for her sole and separate use as long as she lives with all rights and privileges thereto provided she attends to her duties as a obedient loving and faithful Wife towards me during my life. Also four shares which I have in the Civil Service Cooperative stores. And I further give for her sustenance and maintenance that after my death she shall receive the rents of the adjoining house known as 141. And all outhouses belonging thereto situate about in Reilly Street. She shall also receive the rents of the Land at Colac to pay the rates sewerage etc and all other incidental expenses relating and to keep the property in repair and insurance. And further that should there be any money in the Bank at the time of my Death she shall take the same to pay any funeral expenses and this my Will shall be her Authority to do so. Should unexpected(?) sickness overtake me and my expenses exceed my income the Land at Colac may be Sold to meet the exigencies but this is not to be done except in case of Compulsion. The Land at Maidstone although Registered to me it would not be wise to risk ? Law court(?) over it. I paid the rates which the Council of Braybrook(?) refused to take and returned the money. Should she desire to marry again she is not to be prevented doing so in twelve months after my death. But I rather she did not. But if she does the Husband shall not in any way interfere with the property I have willed to her but simply to be treated as a Lodger. And should he Beat or in anyway ill use her or her Child or Children either in word or deed he shall be turned into the Streets and never allowed to enter the promises again. Should I outlive her then this my Will will become null and void. But should she outlive me ? After her death the whole of the property is to be sold and the money to be divided between the whole of my Children by my previous marriages if living But if Dead then their portions will be given to their children viz. the Children of Eugene Gillard, Eliz Austin, A. Winter, E. Hargreaves, A. Gillard, Er Gillard and to my present Wife's Child C. H. Maling and any other Child or Children that might hereafter be born of this marriage. The House 139 is for a home and the remainder of the properties is for her and her Children's maintenance as long as she live. She must keep it in good condition and keep it insured but neither sell nor mortgage nor in any way make away with anything but its simply a home and maintenance for her as long as she lives. And I hereby make Grace Gillard of 141 Reilly Street Collingwood aforesaid whole and sole executant of this my Will in Witness whereof I have hereunto set my hand this Twenty Third day of January in the year of our Lord one thousand nine hundred and five.
[signature]
Robt Gillard
Signed by the said Robert Dyer Gillard the Testator and by him declared to be his last will and Testament in the presence of us present and at the same time who in his presence at his request and in the presence of each other have subscribed our names as witnesses.
[signatures]
Robert Currie 56 Rielly [sic] Street Engine Driver
Henri Le Maire 73 Caroline Street Labour [sic]
Both Resedince [sic] Clifton Hill
This is the Will marked 'A' referred to in the annexed affidavit of Grace Gillard sworn before me this 16th day of October 1905.
[signature]
WSA Ponsford
ACommissioner etc.
The proceeds of the estate mentioned in the will were indeed divided between the children of the children of RDG. As above those named by him are: "the Children of Eugene Gillard, Eliz. Austin, A. Winter, E. Hargreaves, A. Gillard, Er. Gillard".
The first named was his third child (by his first wife Martha/Margaret McGrath) Eugene Thomas Vincent: his 'estate' received a one-seventh share (£121/10/6).
The second named was his second child (also by his first wife), Elizabeth Mary Arabella, who married John Austin. Two of their children received half of 1/7: Robert Vincent Austin and Ivy Marguerite McWaters.
The third named was Arbella (his first child by his second wife Bertha Cribb) who married Oliver Winter: they remained without issue, so no-one called Winter inherited.
The fourth named was Ellen Ann Cribb/Gillard, who married William Hargreaves: two of their received half of 1/7: Ernest Albert Hargreaves and Jack Gillard Hargreaves.
The fifth named was Avernus Deiphobus Cribb/Gillard: seven of his children received 1/7 of 1/7 (£17).
And the sixth he named as (apparently) Er. Gillard was Ernest William Gillard, his third child with Bertha: six of his children received 1/6 of 1/7.
There was a seventh beneficiary, whom RDG apparently forgot to name: his last child with Martha (tho he'd already had two with Bertha!) William Edgar Gillard. He had two sons, but by the time the lawyers got around to dealing the will, the first one had been dead for decades, having drowned while yachting in the Swan River in the 1920s, so my father got the whole of 1/7.
Many thanks to Wendy McLeod (granddaughter of the Ivy Marguerite McWaters mentioned above) for sending me a copy of RDG's will.
Garry Gillard | New: 10 October, 2021 | Now: 11 October, 2021