• Born: 22 Jul 1840, Mt. Clarence, New South Wales, Australia
• Died: 21 Sep 1891, Parkes, New South Wales, Australia ¹
• Buried: Parkes Cemetery, Want St., Parkes, N.S.W., Australia ¹

  Research Notes:

"CLAIM UNDER A WILL.
Coulston v Watkins and others

In a suit relating to matters arising out of the will of John Watkins, who died in September, 1891, the plaintiff was Mary Jane Coulston (formerly Watkins), of Parkes, a widow, and the defendants were Emily Watkins, William Grant Watkins, and Emily Newick, all of Coonumbla, Caroline McInnes, Percy Clifton McKay Weston, of Orange, and Joseph Edward Rawsthorne, of Forbes.

Testator devised and bequeathed his real and personal estate to his son, James Joseph Watkins, and to Emily and William Grant Watkins, subject to Emily Newick having a life interest, and directed that his conditional purchase and conditional lease land should be held until the youngest member of his family reached the age of 21 years, when the land was to be sold and the proceeds equally devided between his children. The estate was proved for probate at £1509.

Plaintiff stated that in 1899 she executed a deed of assignment releasing the trustees absolutely for the sum of £80 for all her interest in the estate of the testator and of her brother, James Joseph Watkins, who had in the meantime died. She charged that the trustees induced her to accept the sum named (she actually received less, she said), by representing that it was the full value of her share and interest; that the estates were now of considerable value; that the trustees had paid to William Grant Watkins £1454, and held £4545 for distribution. Plaintiff further said that the estate of her father included 1347 acres of conditional purchase land and 601½ acres conditional lease, the value of which was stated for probate at £3196, less £1376 due to the Crown. These lands were sold in 1893, and in 1895 the trustees purchased 218 acres conditional purchase and 530 acres additional lease, eventually selling in 1929 for £6180. Plaintiff, having ascertained that the representations made to her were untrue, had repudiated the deed of assignment, and demanded from the trustees recognition of her claim to one-fourth share in the distribution of the estate. The trustees had refused to acknowledge her claim and threatened to make distribution. Plaintiff asked for an order setting aside the deed of assignment.

A defence was filed by the trustees (Weston and Rawsthorne) denying the plaintiff's allegation regarding the assignment and release, declaring that the plaintiff was debarred by her laches and acquiescence from obtaining the relief asked for, and claiming the operation of the Statute of Limitations.

William Grant Watkins and Emily Newick, in their defence, said that the plaintiff's husband had been a party to and duly executed the deed of assignment and release; and that plaintiff was debarred from maintaining the suit herself.

Mr. N. Pilcher (instructed by Mr. M. J. McGrath, for Mr. W. P. Kelly, of Washington) appeared for the plaintiff; Mr. R. K. Manning (instructed by Messrs. Campbell, Campbell, and Campbell) for defendants other than the executors; Mr. C. Weston (instructed by Messrs. Campbell, Campbell, and Campbell, for Messrs. Campbell and Lawford, of Orange) for the defendants, Weston and Rawsthorne, executors of John Watkins.

The suit stands part heard." ²