BILL OF COSTS, SEPTIMUS BURT RE WILL OF H.B. BURT [A.P. BURT], 1883

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Herbert, William Hawkins

1883

Overview

Bill of Costs dated 16 January 1883 to Septimus Burt re will of Sir H.B. Burt, Knight, Esquire.
Due to the items listed on the Bill, the date of the Bill and other supporting documentation held in the Museum collection (1976.44, 1976.46 & 1976.47) it is now believed this account relates to advice sought regarding the will of Archibald Paul Burt not "HB Burt".
Prepared by W.H. Herbert.
Itemised list of expenses for work undertaken such as providing advice, drawing and copying of will, writing letters, attending meetings and fees payable to Mr. Stokes and his clerk.
White paper with red margin lines, folded in half. Writing in black ink on front page.
White paper with red margin lines, folded in half vertically with lateral parallel folds to create three horizontal folds. Writing in black ink on front page. Ink stain to back page below solicitor's address; minor insect damage on this side to quarter of page above where addressee is written.
Paper watermark 'Stowford Mills, 1881'.

Historical information

Found unaccessioned in the museum storeroom, likely to have come into the museum with items accessioned in 1976 (1976.18-1976.74). No record as to why not formally accessioned at this time.

Philip Folliott Scott Stokes (1852-1922) is mentioned in the account. He was admitted to Middle Temple 1876.

W.H. Herbert is William Hawkins Herbert, the Burt family Solicitor, 6a Vigo Street, Regent Street, London, UK.

Sir Archibald Paull Burt (1810-1879) was born into a plantation-owning family on St Kitts Island (formerly St Christopher in the West Indies). Burt accepted the position of Civil Commissioner and Chairman of Quarter Sessions in Western Australia in 1860. In January 1861 he arrived in Western Australia with his family. Burt was instrumental in establishing the Supreme Court Australia in 1861 and became the first Chief Justice of Western Australia. Knighted for his contributions in 1873, he maintained a secluded life to ensure impartiality and professional detachment as sole judge in the colony until his death in 1879. Archibald Paull Burt’s impact and lasting legacy in Western Australia continues through his family members who have held governmental and legislative roles in the state for multiple generations.

Details

Registration number

cwa-org-46-2022.36

Item type

Documents

Material

Ink

Paper

Width

203 mm

Height or length

322 mm

Inscriptions and markings

Paper watermark 'Stowford Mills, 1881'.

Contextual information

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.

Keywords

Burt, HB, Sir

Burt, Septimus

Herbert, William Hawkins

Place made

London, Middlesex, United Kingdom

Year

1883

Primary significance criteria

Historic significance

Scientific or research significance

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