Will of James Hingston of Melbourne


James Hingston of Melbourne was visiting England in 1901/2. He made a will in London on 15 Oct 1901 and added a codicil to it while at Exmouth on 18 Jan 1902. He died there on 7 March the same year.

The original was written without punctuation and without paragraph breaks, as is usual in legal documents, but I have added some to aid reading. It is also worth noting that £1 then is equivalent in value to more than £100 today. The total value of the estate was more than £54,000, or nearly £6 million at today's prices.


Will

This is the last will of me, James Hingston of Melbourne Australia, but at present sojourning in London, Notary Public and Bachelor. I hereby revoke all other Wills and Codicils by me heretofore made and declare this only to be my last Will. I desire to be buried with as little expense as possible and that my Funeral and Headstone to my Grave shall not exceed Fifty pounds cost and that if I die in England I desire to be buried in my purchased Grave in Kensal Green Cemetery, bought about one thousand eight hundred and fifty one, in which are interred my Father Mother and Brother.

I bequeath to my old friend Alfred Ford of Melbourne aforesaid, Notary Public: Firstly ten articles to be selected by him from among the things in my lumber room at Robe St St Kilda; Secondly all my Law Books, Letters, Memoranda and Postage Stamps in such lumber room; Thirdly my various collections of cartes de visite and cabinet and other photographs of personal friends and relatives. And I request the said Alfred Ford to destroy such as he may not wish to preserve or give to any of my relatives. And fourthly all business and other books curios and papers kept by me and now in and upon the premises formerly used as the joint Offices of the Firm of Hingston and Ford at 456 Chancery Lane in Melbourne and all moneys due or to become due on account of my interest in such business. And next I give to my old friend Frederick Wimpole Senior of St Kilda other ten articles to be subsequently selected by him from among the things in my said Lumber Room.

After which selections I bequeath to Mr A B Macdonald, the present Secretary or other Secretary for the time being of the Victorian Geographical Society of Melbourne, all my books of travel and memoranda and bound volumes of photographs of travels, and pictures and photographs of places visited on my travels, to the intent that the said secretary may use the same, and for no other purpose, towards the formation of a library for the said society wholly and solely, and not for lending, or remove therefrom, and in such bequest I desire to include the ten or twelve bound volumes of my printed (but hitherto unpublished) in book shape articles on my travels indorsed "for Public Library Melbourne".

I give to my deceased Brothers youngest son Mr John Cincinnatus Hingston of 49 Courthorpe Road Hampstead London my gold pen and pencil case given to me by the people of Lorne Australia and also my single stone diamond ring. I give to my deceased brothers eldest son Mr James Hingston, now working as a Surveyor at West Coast of Tasmania, my Gold watch and gold watch chain. I give and bequeath the following pecuniary legacies free of duty, to be paid within six months after my decease, but in the want of any such legatees being infants then upon his her of their severally and respectively attaining the age of twenty one years videlicet. To my old friend (and fellow sufferer) Carlyle Smythe of Balwyn near Melbourne the sum of two hundred and fifty pounds. To the said Alfred Ford five thousand pounds. To William Herbert Moxham of 456 Chancery Lane Melbourne, Law Clerk, a legacy of five hundred pounds. To the said James Hingston now of Tasmania five hundred pounds. To his present wife now resident near Sydney five hundred pounds. To each of their three children a legacy of three hundred pounds. To Mrs Lilian Lewis now of No 2 Berners Street Oxford Street, widow of the late Alwyne Lewis of London, Two thousand five hundred pounds. To her sister Emily Laura Carter now of 37 Tyneham Road, Lavender Hill, London, a legacy of five hundred pounds. To Miss Lydia Davey of 22 Moreton Crescent, Exmouth, Devon a legacy of five hundred pounds, To each of her brothers, James Hingston Davey of Exeter and Charles Davey of Bristol, a legacy of three hundred pounds. To Mrs Charles Hingston of Parkfield, Brigstock Road, Croydon and to her daughter Ida the separate sums of two hundred and fifty pounds each. To the wife of the said John Cincinnatus Hingston and to her two now living daughters a legacy of one hundred pounds each. To Miss Margarte Cashin of the George Hotel St Kilda a legacy of one thousand pounds. To Mrs Rose Deacon of Drummond Street, Ballarat, Milliner two hundred and fifty pounds and to her son Sidney Deacon of Melbourne and to her only daughter Elina one hundred pounds each. To Miss Helen Halliday of the George Hotel St Kilda a legacy of one hundred pounds. To Miss Margaret Hingston of 4 Honor Oak Park London, only unmarried daughter of my relative John Hingston the elder, a legacy of one hundred pounds. To my old friend and correspondent Mrs Rosa Corbett of 83 Brecknock Road, London, widow, a legacy of one hundred pounds. To Miss M A Bastable, now of Roumania, daughter of Mrs Studdert of Garryowen Villa, Dorchester, a legacy of one hundred pounds. To Miss Annie Dunne, daughter of the Late Judge Dunne of Victoria, and now of the Rialto, Collins Street, West Melbourne, a legacy of one hundred pounds.

And I direct that no public sale be made of any of the personal effect in my said Lumber room in Robe Street St Kilda but that after the selections to be made therefrom as aforesaid, the residue of such articles (as also other odd articles of personal use that may be upon or with me at the time and place of my decease) be burned destroyed or distributed as my Executors (as advised by my old friend and late partner Alfred Ford) shall determine. I give and bequeath to the Old Colonists Home near Melbourne towards the building and endowing of five additional cottages to be called ``Hingston Cottages'' such sum, not exceeding three thousand pounds, as may be needed for such purpose, to be paid to the Treasurer for the time being of that Charitable Institution.

And as to all the rest and residue of my estate real and personal I give and and devise the same unto the Treasurer for the time being of the Melbourne Benevolent Asylum to be applied towards the purposes of rebuilding that Institution on a Ground floor plan only: the present many floored and staircased buildings being in my experience as a Committee man of that Charity very troublesome to its old and rheumatic residents and patients, and I appoint the Equity Trustees Executors and Trustees of this my will.

In witness whereof I the said James Hingston have hereunto set my hand at the foot hereof this fifteenth day of October One thousand Nine Hundred and One.

Jas Hingston

Signed published and declared by the testator James Hingston as and for his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other have subscribed our names as witnesses

Tho Randall Solicitor 6 South Square Grays Inn London

William George Waters JP 7 Mansfield St London W


Codicil

This is a codicil to the last Will and Testament of me the undersigned James Hingston, which will bears date fifteenth of October One Thousand nine hundred and one. I hereby confirm my aforesaid Will in every particular save as altered by this Codicil. I hereby give and bequeath to Arthur Samuel Davey of High Street Exeter, England, Draper, a legacy or bequest of the like amount as by my said Will is given and bequeathed to his brother Charles Davey. I give and bequeath to John Vernon Taylor and Edward Eyton Phillips now, and for many years past, resident with me at the George Hotel, St Kilda, Melbourne the legacy or bequest of One hundred Guineas each, to be paid only in the event of the said legatees surviving me. I give and bequeath to Mrs Eliza Anne Vine, Wife of Edwin John Vine, Exmouth, Devon, England and formerly Eliza Anne Davey, a legacy or bequest of One hundred Guineas in the event of her surviving me. And lastly I give and bequeath to (space) Terry Accountant of the Bank of Australia, Collins Street, Melbourne a like legacy of One hundred Guineas in the event of his surviving me. Also a legacy of One hundred guineas each to my relative John Hingston, and to each of his children living at the time of my decease, save his daughter Margaret who is provided for to that extent by a Legacy left to her by my said Will. All such legacies to be free of legacy duties payable in England or in Victoria Australia. In witness whereof I have to this codicil to my said will set my hand at Exmouth, Devon, England this eighteenth day of January One Thousand nine hundred and two.

Witnessed by Tho. Randall, solicitor and Agnes White 4 Horton Crescent Exmouth Spinster.


Legatees

The names of the legatees are given in the Victoria Archives but not their relationship to James. The last column is my interpretation based on the statements in the will and the amounts each person recieved, which gives some useful genealogical information not given elsewhere.

Name Legacy Comments
James Hingston £500 EPH's eldest son, James Peron Hingston (JPH)
Mrs J M Hingston £500 Wife of JPH?
Marjorie B Hingston £300 Under 21. Daughter of JPH?
James Clive Hingston £300 Under 21. Son of JPH?
Rolfe Askew Hingston £300 Under 21. Son of JPH?
Lilian Lewis £2,500 Daughter of EPH
Emily L Carter £500 Daughter of EPH
Lydia Davey £500 of 22 Moreton Cres., Exmouth
James Hingston Davey £300 of Exeter
Charles Davey £300 of Bristol
Arthur S Davey £300 Draper, of High St, Exeter
Eliza A Vine £105 of Exmouth, Devon, formerly Eliza Anne Davey
Louisa Jane Hingston £250 Wife of Charles, of Brigstock Road, Croydon
Ida Louise Hingston £250 Under 21. Daughter of Charles Hingston
Eliza H Hingston £100 Wife of John Cinicinnatus H
Flora Bessie Hingston £100 Under 21. Daughter of JCH?

Return to Hingston One-Name Study


Added 17 Mar 2015 C J Burgoyne