CASE FOR OPINION & NOTES, WILL OF AP BURT, WARMINGTON, 1883
Handwritten single page document titled 'Case for Opinion / Re Sir Archibald Paull Burt Knight deceased'.
Written request seeking the opinion of Cornelius Marshall Warmington QC upon a point of interpretation arising under Sir Archibald Paull Burt's 1873 Will. On the reverse of the document it is recorded that Mr. Warmington's opinion has been sought in conjunction with a Mr. Stokes.
The matter relates to whether two of Archibald Paull Burt's daughters (who were minors when the will was made out) are still entitled to a share of the proceeds from the sale of real estate formerly owned by Archibald Paull Burt now that they are married and are no longer dependants.
At the bottom of the letter in different handwriting an opinion by C. M. Warmington and P. S. Stokes has been noted, dated 23 January 1883.
Details
Details
Green ribbon threaded and tied at top left of front of document
It is believed the following Old Court House Law Museum records are linked:-
1976.44 WILL, COPY, ARCHIBALD PAULL BURT
1976.46 CASE FOR OPINION & NOTES, WILL OF AP BURT, WARMINGTON, 1883
1976.47 CASE FOR OPINION, WILL OF AP BURT, STOKES, 1883
2022.36 BILL OF COSTS, SEPTIMUS BURT RE WILL OF H.B. BURT [AP BURT]
In 1883 Septimus Burt sought advice from the London solicitor WH Herbert about a particular point in his father’s will. The will is assumed to have been lodged with this solicitor due to copies having been made of it in 1883 (1976.44) by the same solicitor to follow up on Septimus Burt's query. This was whether his two sisters Louisa Emily and Mina Eliza could make claims on him after the sale of real estate inherited from his father. In 1873 (the date of the original will) Louisa was about 17 years of age and Mina was about 12, and in the will, they were referred to as “infants”. Today it is assumed the term used in this context would be “minor”.
In 1883 they were both of age and reportedly married. At this time there were limitations for married women in the area of financial management so any bequests going to them from an inheritance would probably be transferred to their husbands who would act on their behalf.
It is assumed all the documents listed above were generated by the London solicitor, WH Herbert, with additional notes added to two (1976.46 and 1976.47). The London solicitor sought advice from a senior barrister (Warmington) and his junior associate (Stokes) who had chambers at Lincoln's Inn, London. The advice was recorded in the form of notes on the bottom of the document addressed to Warmington (1976.46) and the note on the other document (1976.47) referred to that advice. It is currently unknown who made these notes; the Bill of Costs (2022.26) refers to a conference meeting with Stokes. It does seem a casual way to respond to a request for advice. Perhaps both Warmington and Stokes provided a written responses to WH Herbert which were held on to by the London solicitor. Or perhaps the advice given was verbal with notes made by a clerk.
It should be noted that in the copy of the will (1976.44) sometimes Mina is written as Nina. This mistake also appears in 1976.46, the Case for Opinion sent to Warmington.
Another apparent error is on the Bill of Costs (2022.36) which is titled HB Burt. There are too many references in this document to the other three in this group for it not to pertain to costs associated with the will of AP Burt.
The 1879 case of Wilkins v. Jodrell (Wilkins v. Jodrell 13 Ch 564) cited in the opinion provided at the bottom of the letter saw a ruling that provision in a will for a minor does not limit the duration of that provision to the minority of the beneficiary.
Sir Cornelius Marshall Warmington, 1st Baronet QC (1842-1908) usually went by his middle name of Marshall. He was an English barrister and Liberal politician:
Louisa Emily (Burt) Leake (1856 - 1937). Born 21 Sep 1856 in British West Indies & Died 14 Jul 1937 at age 80 in West Perth, Western Australia, Australia:
Louisa Emily Leake (nee Burt) obituary The Daily News 14 July 1937:
Mina Eliza Burt (1861-1947)
Philip Folliott Scott Stokes (1852-1922) Admitted to Middle Temple 1876 Obituary - The Catholic Press, Sydney 14 Sept 1922. "After his admission to the Bar he took chambers at Lincoln’s Inn. For some years he ‘devilled’ for Mr. Warmington with whom he had read as a pupil.”
Other items from Old Court House Law Museum
- CASE FOR OPINION, WILL OF AP BURT, STOKES, 1883
- SUMMONS AND CITATION, STANDARD LIFE ASSURANCE CO AGANST MRS S M BECKLES
- JURY DIRECTION, BY ARCHIBALD PAULL BURT, MURDER TRIAL OF KENNETH BROWN, 1876
- WRITING BOX, WILLIAM HENRY MACKIE C.1825
- LETTER, APPOINTMENT OF SEPTIMUS BURT ATTORNEY GENERAL
- LETTER, ACTING COLONIAL SECRETARY TO SEPTIMUS BURT RE APPOINTMENT ACTING ATTORNEY GENERAL
- APPOINTMENT, SEPTIMUS BURT AS ASSISTANT ATTORNEY GENERAL
- COMMISSION, SEPTIMUS BURT, MEMBER OF EXECUTIVE COUNCIL
- LETTERS PATENT, SEPTIMUS BURT AS ATTORNEY GENERAL
- PROCLAMATION BY GOVERNOR BROOME THAT SEPTIMUS BURT BE APPOINTED AS MEMBER OF THE LEGISLATIVE COUNCIL
- LETTER, ACKNOWLEDGING SEPTIMUS BURT'S RESIGNATION, EXECUTIVE COUNCIL AND LEGISLATIVE COUNCIL
- GOVERNMENT GAZETTE, SEPTIMUS BURT, APPOINTMENT AS REPRESENTATIVE COLONIAL CONFERENCE, LONDON
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