Starting at the end

I’m not sure if it’s because of the upcoming cousins lunch or simply that the full story remains untold but for what ever reason James has been in my head a lot lately.  In fact, he’s always there at the moment – in the forefront when I’m doing some Warner research and hovering, but always in sight, when I’m supposed to be doing other things.   His early life remains a mystery to me and questions such as Why does he choose to come to Australia? have plagued me for ages.  I suspect I’ll never be able to tie his story neatly with a bow and place it on the top shelf – but no matter!

Anyway, I was looking for some documents last week when I happened upon James’ will which I’m going to share today.  The will says as much in what isn’t written down as in the content itself. 

James died on 16 April 1912 in Eleanor Street, Toowoomba.  His death was certified by Susan Warner (daughter in law) of Eleanor Street.  He was living in Highfields at the time so I suspect he was visiting Bob and Susan who were still in their first year of marriage. 

James' will dated 2 January 1912 states  

... all real and personal estate to the use of my trustees upon trust to sell, call in and covert into money ... to pay the same to my wife Isabella Warner during her life so long as she shall remain my widow and after the death of my said wife ... for my children then living and upon the death of the whole of my children the whole of my estate shall become the property of the children of my son James Henry Warner ... the trustees shall out of the moneys ... purchase in their joint names a home for my said wife she continuing my widow and for such of my children as shall be living with her, the amount to be expended to be in the absolute discretion of my trustees ... to William Robert Warner, my son, the sum of £20 out of my personal estate immediately after my decease free of legacy duty.

His estate consisted of £691 in real estate and £7 in personal estate. Probate was applied for on 10 May 1912 and granted to his son James Henry Warner and daughter Catherine Warner as executors and trustees.    Interesting that Stephen, his eldest son, isn't chosen.  But he was living at Nerang during this time, so perhaps considered too distant to execute the will.  

The Indenture dated two years later on 30 April 1914  

... appointed James Henry Warner and Catherine Warner executors and trustees there of and where as ... Isabella Warner is the lawful widow and relict of the deceased and ... Isabella Brotherton, Emily Caroline Warner, Robert William Warner, John Norman Warner, Ethel Jane Warner, Maude Warner, Thomas Charles Warner and Linda Warner as the lawful sons and daughters respectively of the said deceased and are the only persons interested in the said will other than creditors ... and whereas on the 10 August 1912 probate of the said will was granted by the Supreme Court ... and the beneficiaries are satisfied with the administration ... of the estate ... and have agreed to sign these present now the indenture ... [to] release and forever discharge the executors and trustees of and from the obligations ... of the estate of the said James Henry Warner.

Notice, again, the absence of Stephen and in particular the terms ... the lawful sons and daughters ... and the omission of his eldest son.   And why provide Bob with £20?  At first I thought it was because they (Bob and Susan) were newly married but Steve, Idy and James were also married, so I don't think it was that.  Then I thought it was for a house deposit but realistically how much would a down payment of £20 provide?  Perhaps one of you knows the reason. 

As to the provisions of the will and the house for Isabella we all know that Isabella and the younger kids lived in Thomas Street, Tooowoomba. But the house wasn't bought by Carrie for some five years after the winding up of the estate, by this time it was 1919 and the house cost £775.   The title transfer shows a sale of transfer not a mortgage indicating that Carrier paid the price of the home outright. And I can't really see all the estate money going to Carrie for the house given the provisions of the will.  So what happened and where did they all live between July 1914 (when the estate was finally administered and released in the Supreme Court) and January 1919 (when they moved into Thomas Street).  Electoral records of 1908 show most of them in Toowoomba - the older children (Katie, Bob, Carrie, Idy and James) living in Eleanor Street, by 1913 Bob and Susan were in Gowrie Street and Katie, Carrie and Ethel were in Laurel Street with James moving back to Highfields with Isabella.  Again, I'd love to hear any stories that may shed some light on this. 

Happy reading!