Here is a summary of the most significant information you can derive from this document:
- Estate Details: Charles James Locke, a furniture manufacturer from Cottesloe, Western Australia, died on 12 August 1947, leaving a substantial estate with a net value of £25,637-5-5.
- Family Structure: His will clearly identifies his wife (Elsie Catherine Bolam Locke), his son (John Alton Locke), and his three daughters (Edith, Lillie, and Kathleen) as primary beneficiaries.
- Executors: You can see he explicitly named his son and his three sons-in-law (James Charles Finch, Clem Alaric Robinson, Harry Herbert Anson) as executors of his estate.
- Business Succession: The document reveals his strong desire to keep his business, Lockes Limited, within the family, specifically requesting his son John to take over as Chairman of Directors.
- Historical Clause: The grant of probate includes a specific post-WWII condition preventing the distribution of any assets to enemy subjects.
1133 / 1947 Gross Value of Estate: £25707-17-5 Nett Value of Estate: £25637-5-5
IN THE SUPREME COURT OF WESTERN AUSTRALIA PROBATE JURISDICTION
IN THE MATTER of the Will and Codicil of CHARLES JAMES LOCKE late of Leake Street Cottesloe in the State of Western Australia, Furniture Manufacturer deceased.
BE IT KNOWN that on the Third day of September One thousand nine hundred and forty-seven the Last Will and Testament and Codicil (a copy whereof is hereunto annexed) of Charles James Locke late of Leake Street Cottesloe in the State of Western Australia, Furniture Manufacturer deceased, who died on the Twelfth day of August One thousand nine hundred and forty-seven at Leake Street Cottesloe, in the said State of Western Australia, was proved, approved, and registered in the Supreme Court of 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 John Alton Locke of Venn Street Peppermint Grove in the State of Western Australia, Furniture Manufacturer and James Charles Finch of View Street Peppermint Grove in the said State Mercer the lawful son and son-in-law respectively of the said deceased and two of the Executors named in the said Will they having been first sworn well and faithfully to administer the same, leave being reserved to Clem Alaric Robinson and Harry Herbert Anson the other Executors named in the said Will to come in and prove.
2852-1-1 By the Court, E Lawson Turnbull Deputy Master.
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.
THIS IS THE LAST WILL AND TESTAMENT of me CHARLES JAMES LOCKE of Leake Street Cottesloe Furniture Manufacturer.
I APPOINT my son JOHN ALTON LOCKE and my sons-in-law JAMES CHARLES FINCH, CLEM ALARIC ROBINSON and HARRY HERBERT ANSON Executors and Trustees of this my Will (hereinafter called my Trustees).
I GIVE DEVISE AND BEQUEATH all my estate to my Trustees UPON TRUST to carry out and give effect to the directions bequests gifts and devises hereinafter contained.
I BEQUEATH:- (1) To Mr. and Mrs. J.B. Cant of Geelong the sum of One Hundred Pounds equally between them, or if one predeceases me, then the whole of such One Hundred Pounds to the survivor of them. (2) To Joyce Cant of Geelong the sum of One Hundred Pounds. (3) To Mrs. Hannah Gamble the sum of One Hundred Pounds. (4) To Mrs. Frank Tebbutt the sum of One Hundred Pounds. (5) To Miss Henrietta Arundale the sum of One Hundred Pounds. (6) To my niece Mrs. H.J. Williams the sum of One Hundred Pounds. (7) To my niece Mrs. R.H. Taylor the sum of One Hundred Pounds (8) To my niece Miss Winifred Gamble the sum of One Hundred Pounds.
I BEQUEATH to my wife ELSIE CATHERINE BOLAM LOCKE the sum of FIVE THOUSAND POUNDS and until such bequest be actually paid to her by my Trustees I DIRECT my Trustees to pay to her from my estate the sum of FIVE POUNDS per week in lieu of interest on such bequest such weekly payment of Five Pounds to commence at the expiration of one week after my decease.
I GIVE AND BEQUEATH to my said Wife ELSIE CATHERINE BOLAM LOCKE three thousand of my shares in Lockes Limited absolutely also ALL my furniture, household effects, linen, silverware and other articles of household use or ornament in my residence Leake Street Cottesloe, but it is my desire that when my said wife has no further use for any antiques or heirlooms, she should hand such antiques or heirlooms to my Trustees to distribute amongst such members of my family as they think fit.
I GIVE DEVISE AND BEQUEATH to my son JOHN ALTON LOCKE absolutely my freehold lands situate in Leake Street Cottesloe together with the residence erected thereon and known as “Brockley”.
SUBJECT to provision being made for payment of the above mentioned bequests I make the following devises and bequests –
I BEQUEATH to my Trustees my shares in Lockes Limited (excepting the Three thousand shares herebefore bequeathed to my Wife) UPON TRUST to divide the same between my three daughters equally share and share alike PROVIDED ALWAYS that if any of my said daughters shall predecease me leaving children THEN I DECLARE that the share in my estate which my daughter so predeceasing me would have taken had she survived me shall be held by my Trustees IN TRUST for such of the children of my daughter so predeceasing me as shall attain the age of twenty-one years or marry under that age and if more than one in equal shares share and share alike with full power and authority however for the said Trustees to allow the interest of any such grandchild to remain in and be represented by shares in Lockes Limited without incurring any liability in respect to any loss incurred to such grandchildren thereby AND I DIRECT that my Trustees shall be at liberty either to use the share or any part of the share in the nett income of any part of my estate to which any grandchild of mine shall be entitled or contingently entitled in or towards the support maintenance or education of any such grandchild or to allow the same to accumulate AND I HEREBY DECLARE that it is my express wish that my son the said John Alton Locke shall after my death be appointed and retain the position of chairman of directors of Lockes Limited. It is my wish that the beneficiaries under this my Will should retain any shares in Lockes Limited to which they may become entitled and not sell the same outside of the family.
I DIRECT that all the preceding gifts bequests and devises shall be free of Probate or Estate Duty (State and Federal).
AND as to all the rest and residue of my estate I GIVE DEVISE AND BEQUEATH the same to my Trustees UPON TRUST to pay thereout all State and Federal Probate and Estate Duty on the whole of my estate and all funeral expenses and testamentary expenses and the expenses of proving this my Will and my just debts and subject to such payments to divide the same between such of my three daughters as shall survive me in equal shares share and share alike and if only one daughter shall survive me then the whole to that child.
I DECLARE that my Trustees shall not be responsible to my estate or to any beneficiaries under this my Will for any loss (not due to their deliberate and wilful misconduct) that may be occasioned by their continuing to carry on any business in which I may be interested at the date of my decease and for continuing to hold any shares in any Company in which I may be interested and my Trustees shall be entitled to be indemnified out of the assets of my estate for any loss so sustained.
I REVOKE all former Wills.
IN WITNESS whereof I have hereunto set my hand this twenty-ninth day of January One thousand nine hundred and forty-three.
SIGNED by the said CHARLES JAMES LOCKE the Testator as and for his last Will and Testament in the presence of us both 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 witnesses : C.J. Locke William E. Slattery Solicitor Fremantle Eleanor A. Rosevear Typiste Fremantle.
THIS IS A FIRST CODICIL to the last Will and Testament of me CHARLES JAMES LOCKE of Leake Street Cottesloe Furniture Manufacturer which Will bears date the Twenty-ninth day of January 1943.
WHEREAS by my said Will I made the following gift and bequest – “I GIVE AND BEQUEATH to my said Wife ELSIE CATHERINE BOLAM LOCKE three thousand of my shares in Lockes Limited absolutely also ALL my furniture, household effects, linen, silverware and other articles of household use or ornament in my residence Leake Street Cottesloe, but it is my desire that when my said wife has no further use for any antiques or heirlooms, she should hand such antiques or heirlooms to my Trustees to distribute amongst such members of my family as they think fit.”
NOW I HEREBY REVOKE such gift and bequest absolutely and in lieu thereof I HEREBY GIVE AND BEQUEATH to my said wife ELSIE CATHERINE BOLAM LOCKE Three Thousand of my shares in Lockes Limited absolutely AND I HEREBY GIVE AND BEQUEATH to the Trustees of my said Will all my furniture household effects linen silverware and other articles of household use or ornament in my residence Leake Street Cottesloe IN TRUST to permit my wife to have the use and enjoyment thereof personally so long as she may desire during the term of her natural life, but on my wife having no further use for such furniture effects linen silverware and other articles of household use or ornament or should she retain possession thereof until her decease then on her decease I DIRECT my Trustees to distribute such furniture household effects linen silverware and other articles of household use or ornament between my four children JOHN ALTON LOCKE, EDITH MARY HELENA FINCH, LILLIE ETHEL ROBINSON and KATHLEEN ANSON.
AND WHEREAS by my said Will I bequeathed to my Trustees my shares in Lockes Limited (excepting the three thousand shares bequeathed to my wife) UPON TRUST to divide the same between my three daughters equally share and share alike and also made provision that if any of my said daughters should predecease me leaving children then the children would be entitled to take under the provisions of the Will, now in order to clarify such bequest I hereby declare that the three daughters referred to in such bequest are EDITH MARY HELENA FINCH, LILLIE ETHEL ROBINSON and KATHLEEN ANSON.
I CONFIRM my said Will in all other respects.
IN WITNESS whereof I have hereunto set my hand this 25th day of March in the year of our Lord One thousand nine hundred and Forty-seven.
SIGNED by the said CHARLES JAMES LOCKE the Testator as and for a First Codicil to his last Will and Testament in the presence of us both 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 witnesses : C.J. Locke William E. Slattery Solicitor Fremantle R.C. Leaney Accountant Bank of Adelaide Fremantle
Testator : C.J. Locke Witnesses: William E. Slattery, R.C. Leaney
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