Beecroft/Becraft Ancestors

Colin Gardner and Mary Gray

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Husband Colin Gardner [12111]

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           Born: 
     Christened: 
           Died: 
         Buried: 
FamilySearch ID: 9F9N-4QX

       Marriage: 

Events

• Event: The Argus, 26 Jul 1922. FATHER'S WILL DISPUTED.

Widow Cross-examined.

In the Gardner will case yesterday, half the day was devoted to the cross-examina- tion of Mrs. Mary Gardner, widow of tes- tator. The will in dispute is dated April 16, 1915, and is the last of four executed by Colin Gardner, of Milawa, near Wanga- ratta, hotel and store keeper. The execu- tors (Henry Alexander Murdoch, solicitor: Mrs. Gardner, and her son Wilfred McDonald Gardner), sought to obtain pro- bate, but a caveat was lodged by two daughters of the first marriage, Mrs. Wil- helmina Wright and Mrs. Frances Becroft, to each of whom the testator left £50 upon the death or remarriage of his widow. The grounds upon which the caveat was based were that the testator was not of testa- mentary capacity; that the will was not executed in conformity with the Wills Act, and that there had been undue influence since 1885 on the part of Mary Gardner, and, since 1903, on the part of Wilfred

McDonald Gardner.

The case is being heard by Mr. Justice Macfarlan in the Third Civil Court. Mr Latham, K.C., and Mr. Sanderson (instruc- ted by Mr. E. I. Thompson) appeared for the caveatrices, and Mr. Bryant, K.C, and Mr Robertson (instructed by Mr. F. H. Hicks, as agent for Messrs Murdoch and Living of Wangaratta), for the execu-

tors.

When opening his case, Mr. Bryant referred to an allegation that James Gardner (a son of the first marriage) had at one time removed a quantity of goods from his father's store at Milawa to Oxley, where he (James) bad a similar business. Further reference to this was made in the cross-examination of Mrs. Gardner by Mr Latham. He read a letter she wrote to Colin Gardner (a son of the first marriage) on August 4, 1906, in which she said that a letter had been received from "Fan" (Mrs Becroft, a daughter of the first mar riage, and one of the caveatrices) asking her father for assistance. "Da," the letter went on, "was very much grieved at her marrying poor Becroft (a policeman) on account of his health. She said, 'Father, you pleased yourself, and will please myself" . . . 1 think the reason for his not helping her at the present time is chiefly owing to this . . ."

Mr. Latham.-Do you think that such a remark would cause bitterness in the old man's mind?

Witness -He did not like her to marry a consumptive.

Mr Latham -You said in this letter, "Before Mr. John Ferguson died, he said, 'If Jim Gardner put his hand on me I would drop down dead.' He was asked why. He said, 'He has made a thief's house of mine' . . what Jim had put there in his father's absence. Even when he was at home he used to bring the spring cart loaded every night . . his poor father trusting to his honesty. . It seemed to upset poor old Ferguson, but all Da said was, 'Well, God is our judge '. Does not this letter suggest that Jim used to take the cart loaded with stolen goods even when his father was at home?-I do not know what was in it.

Witness explained that in a conversa tion with Jim the testator charged him with stealing goods, remarking that the "places were fleeced." Jim said that he would speak about the matter when his father was sober.

Mr. Latham -Your husband was violent sometimes when he was drinking, was he not?

Witness.-To the men and the servants. The hearing will be continued to day.

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Wife Mary Gray [12127]

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           Born: 
     Christened: 
           Died: 
         Buried: 
FamilySearch ID: GQLH-HVN

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Children

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1 F Christine Frances "Fanny" Gardner [10386]

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           Born: 1865 - Oxley, Victoria, Australia
     Christened: 
           Died: 3 Oct 1947 - Greensborough, Banyule City, Victoria, Australia
         Buried:  - Wunghnu Civil Cemetery, Wunghu, Moira Shire, Victoria, Australia 1
FamilySearch ID: 9F9N-4Q9
Find A Grave ID: 194399876

         Spouse: Frank May Becroft 2 [9467] (1859-1904)
           Marr: 5 Nov 1889 - Milawa, Victoria, Australia

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Sources

1 Findagrave.com.

2 LDS - IGI Index (familysearch.org).