Hebert John Locke – 1944

GROSS VALUE OF ESTATE: 53102-8-7 NETT VALUE OF ESTATE: 46074-18-6

1086 1944

IN THE SUPREME COURT OF WESTERN AUSTRALIA

PROBATE JURISDICTION

IN THE MATTER of the Will of HERBERT JOHN LOCKE late of “Woodlawn” 208 Canning Road East Fremantle in the State of Western Australia, Retired Gentleman and Property Owner, deceased.

BE IT KNOWN that on the 14th day of September One thousand nine hundred and forty-four the last Will and Testament (a copy whereof is hereunto annexed) of HERBERT JOHN LOCKE late of “Woodlawn” 208 Canning Road East Fremantle in the State of Western Australia, Retired Gentleman and Property Owner, deceased, who died at 208 Canning Road East Fremantle in the said State of Western Australia on the Twenty-third day of August One thousand nine hundred and forty-four was proved approved and registered in the Supreme Court in the said State at Perth AND THAT administration of the Real and Personal estate of the said deceased was granted by the aforesaid Court to GLADYS ROSALIE LOCKE of “Woodlawn” 208 Canning Road East Fremantle in the State of Western Australia, Spinster, and WILLIAM BERTRAM LOCKE of Bruce Rock in the said State, Farmer, lawful daughter and son respectively of the said deceased, the Executors named in the said Will they having been first sworn well and faithfully to administer same.

THIS GRANT is made upon the condition that no portion of the assets shall be distributed or paid during the War to any beneficiary or creditor who is an enemy subject wherever resident or to anyone on his behalf or to or on behalf of any person of whatever nationality resident in an enemy country or in any country or territory in the occupation of the enemy without the express sanction of the Crown and if any distribution or payment is made contrary to this condition this Grant will be forthwith revoked.

GIVEN at Perth in the State of Western Australia this 14th day of September One thousand nine hundred and forty-four.

L.S. BY THE COURT.

[Stamp: I certify that the sum of £5787-13-11 has been paid for duty…] W.H. Nairn DEPUTY MASTER.

THIS IS THE LAST WILL AND TESTAMENT of me HERBERT JOHN LOCKE Retired Gentleman of “Woodlawn” 208 Canning Road East Fremantle.

I REVOKE all wills and testamentary dispositions by me at any time heretofore made and declare this to be my last

I APPOINT my Daughter GLADYS ROSALIE LOCKE and my Son WILLIAM BERTRAM LOCKE Executors and Trustees of this my Will.

I GIVE DEVISE AND BEQUEATH the following legacies and bequests:

  1. TO my Wife ANN RACHEL LOCKE my Dwelling House and land known as “Woodlawn” situate at the corner of Canning and Osborne Roads, East Fremantle, and all household furniture goods chattels and effects situate and being thereon at the [cut off]

[Stamp: SUPREME COURT WESTERN AUSTRALIA]

time of my death, my motor car and all my personal effects, watches trinkets and jewellery absolutely.

  1. TO the Methodist Home for Children the sum of One Hundred pounds (£100)

I DIRECT that the beforementioned legacies and bequests shall be entirely free from deduction on account of Legacy Duty Administration expenses or on any other ac- count whatsoever all of which I direct shall be paid out of my Residuary Trust Estate –

AS TO THE REST AND RESIDUE of my Real and Personal Estate of whatsoever nature and wheresoever situate I GIVE DEVISE AND BEQUEATH the same to my Trustees UPON TRUST to sell call in and convert such part or parts thereof as shall not consist of money into money and to stand possessed of the proceeds derived from such sale calling in and conversion and of such part or parts of my Estate as shall consist of money IN TRUST to divide the same between my Wife and such of my children as shall be living at the time of my death share and share alike PROVIDED THAT if any of my children shall predecease me leaving a child or children living at the time of my death who shall attain the age of twenty-one years such child or children shall take (and if there shall be more than one such child equally between them) the share or interest under this my Will to which his her or their deceased parent would have been entitled had he or she survived me.

I AUTHORISE my Trustees to postpone the sale calling in and conversion of my Estate or any part thereof from time to time as they may in their sole discretion see fit.

AS WITNESS my hand this first day of August One thousand nine hundred and forty-one.

SIGNED by the Testator the said HERBERT JOHN LOCKE as and for his last Will and Testament in the presence of us both being present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as attesting witnesses.

H. J. LOCKE

FRANK UNMACK Solicitor, Fremantle

L.E. COLEMAN, Solicitor, Fremantle.

Principal Individuals:

  • Herbert John Locke
    • Role in Document: Deceased / Testator
    • Biographical Details: Retired Gentleman and Property Owner. Resided at “Woodlawn”, 208 Canning Road, East Fremantle, Western Australia. Died on August 23, 1944, at his residence. Husband of Ann Rachel Locke, father of Gladys Rosalie Locke and William Bertram Locke.
  • Gladys Rosalie Locke
    • Role in Document: Executor / Daughter
    • Biographical Details: Spinster. Resided at “Woodlawn”, 208 Canning Road, East Fremantle, Western Australia. Lawful daughter of Herbert John Locke.
  • William Bertram Locke
    • Role in Document: Executor / Son
    • Biographical Details: Farmer. Resided in Bruce Rock, Western Australia. Lawful son of Herbert John Locke.
  • Ann Rachel Locke
    • Role in Document: Beneficiary / Wife
    • Biographical Details: Wife of Herbert John Locke. Inherited the dwelling house and land known as “Woodlawn” at the corner of Canning and Osborne Roads, East Fremantle, along with household furniture and effects.

Associated Individuals:

  • W.H. Nairn
    • Role in Document: Deputy Master of the Supreme Court
    • Relationship to Principal: Official granting the probate.

Key Events:

  • Death: August 23, 1944, at 208 Canning Road, East Fremantle, Western Australia.
  • Grant of Probate: September 14, 1944, at Perth, Western Australia.
  • Event Type: Signing of a Will
  • Date: August 1, 1941
  • Location: Likely Fremantle, Western Australia (based on the solicitors’ location and the stamp).

Geographical Locations:

  • Perth, Western Australia: Location of the Supreme Court where probate was granted.
  • East Fremantle, Western Australia: Location of the deceased’s residence (“Woodlawn”, 208 Canning Road) and the property bequeathed to his wife (corner of Canning and Osborne Roads).
  • Bruce Rock, Western Australia: Residence of the deceased’s son, William Bertram Locke.

Associated Individuals:

  • Name: Frank Unmack
  • Role in Document: Witness
  • Occupation: Solicitor
  • Residence/Location: Fremantle
  • Name: L.E. Coleman
  • Role in Document: Witness
  • Occupation: Solicitor
  • Residence/Location: Fremantle

Organizations Mentioned:

  • Methodist Home for Children (Beneficiary of £100)