Augustus Sydney KNIGHT
- Born: 1859, Parramatta District, New South Wales, Australia 4
- Married (1): 8 Aug 1888, St. Peter's, Broken Hill, N.S.W., Australia 1
- Married (2): 2 Sep 1896, St. Mary's, Booleroo Centre, S.A., Australia 2
- Married (3): 1921, Sydney, New South Wales, Australia 3
- Died: 25 Dec 1934, Private Hospital, Parramatta, N.S.W., Australia 5
In 1930 and 1933 Augustus Sydney Knight, orchardist, and wife Emily Petrea, were at Rock Farm, Dundas.
Two entries, one below the other, from The Sydney Morning Herald, Thursday, 27 Dec 1934:
December 25, 1934, at a private hospital Parramatta, Augustus Sydney, beloved husband of Emily Petrea, and dear father of Mollie, Bonar and Phillip, aged 75 years.
December 25, 1934, at a private hospital Parramatta, Augustus Sydney Knight, late of Rock Farm, Dundas, and Broken Hill, loving father of Gwendoline, Keith, Peggy and Betty.
Will of Augustus Sydney Knight late of Dundas near Sydney, Orchardist, written 4 Dec 1934, probate 28 Mar 1935.
I, AUGUSTUS SYDNEY KNIGHT of Dundas Orchardist hereby make my will I REVOKE all prior wills codicils and testamentary dispositions heretofore made by me and declare this to be my last will and Testament. I APPOINT my son KEITH HARRY KNIGHT, PERPETUAL TRUSTEE COMPANY LIMITED and WILLIAM ARCHIE HERBERT ALLWORTH (hereinafter called my Executors) Executors and Trustees of this my will. I BEQUEATH the following pecuniary legacies to my wife Emily Petrea Knight the sum of Two hundred pounds TO my sister Mary Angelina Burkitt the sum of Three hundred pounds TO my nephew Marcus Burkitt the sum of One hundred pounds I BEQUEATH to my said wife Emily Petrea Knight all my household furniture pictures plate linen cutlery and household effects and musical instruments but excluding my motor car and any tools and plant in connection with my business of an Orchardist for her own use and benefit absolutely I DEVISE unto and to the use of my said Executors in fee simple all the real estate and I bequeath to them all the residue of the personal estate to which I shall be seised possessed or entitled at my decease upon the trusts and subject to the declarations following that is to say UPON TRUST to sell and convert into money my said estates or such parts thereof as shall be of a saleable or convertible nature and to get in the other parts thereof AND I EMPOWER my said Executors to suspend for such period as they shall judge expedient the sale conversion or getting in of my said Estates or any part or parts thereof respectively and during the suspense of the sale conversion or getting in to manage and order all the affairs thereof as regards letting occupation cultivation repairs insurance against fire receipt of rents indulgences and allowances to tenants and all other matters but so that no lease shall be granted otherwise than from year to year or for a term not exceeding five years in possession at the most improved rent without fine or premium and I declare that for the purpose of enjoyment and transmission under the trusts hereinafter contained my said Estates shall be considered as money from the time of my death and the rents dividends interest and other yearly produce thereof respectively to accrue due after my death and until the actual sale conversion and getting in thereof shall be deemed the annual income thereof applicable as such for the purposes of the said trusts without regard to the amount of such income or to the nature of the property or investments yielding the same AND as to the moneys to arise from the sale conversion and getting in of my said estates and my moneys of which I may be possessed I direct my said Executors thereout in the first place to pay or retain all the expenses including all duties payable in respect of my estate to either the Governments of the State of New South Wales and/or the Commonweath of Australia and in the next place to pay the pecuniary legacies hereinbefore bequeathed AND in the next place to appropriate and set aside thereout such a sum as my Executors in their absolute discretion think necessary to produce a net income of the sum of three hundred pounds per annum and to stand possessed of the sum so appropriated or set apart upon trust during the lifetime of my wife Emily Petrea Knight to invest the same in any one or more of the investments in which Trustees are for the time being authorised to invest trust funds with power from time to time to vary or alter such investment or investments of the said sum so appropriated as aforesaid by my said Executors upon trust to pay to my wife Emily Petrea Knight the sum of seventy five pounds a quarter during her life and from and immediately after the death of my said wife Emily Petrea Knight to stand possessed of the said amount so appropriated as aforesaid by my Executors as well the income as the capital thereof and any accretions thereto upon the same trusts as are hereinafter declared concerning my residuary trust fund and I hereby further declare that during the suspense of the sale conversion and getting in of my said real and personal estate it shall be competent for my said Executors in lieu of appropriating the aforesaid amount in cash and investing the same to appropriate and set aside such portion of my said real and personal estate as in the absolute discretion of my Executors would be sufficient to produce a net annual income of three hundred pounds per annum and during the suspense of such sale and conversion to hold the said assets so appropriated by my Executors as well the capital as the income thereof upon the same trusts as are hereinbefore declared concerning the sum so directed by this my will to be appropriated by my said executors for providing the said annuity to my said wife Emily Petrea Knight during her lifetime and as regards the remaining surplus of the said trust moneys arising from such sale conversion and getting in (which are hereinafter referred to as my said trust fund) I direct my said Executors to divide the same into seven equal parts and to stand possessed of one of such one seventh equal parts of my said trust fund upon trust for my son Keith Harry Knight As to another one of such one seventh equal parts of my said trust fund upon trust for my daughter Gwendoline Ethel Knight As to another one of such one seventh equal parts of my said trust fund upon trust for my daughter May Auguste Knight As to another one of such one seventh equal parts of my said trust fund upon trust for my daughter Bessie Knight As to another one of such one seventh equal parts of my said trust fund upon trust for Molly Knight the daughter of my wife Emily Petrea Knight As to another one of such one seventh equal parts of my said trust fund upon trust for my son Bonar Lloyd Knight And as to the remaining one of such one seventh equal parts of my said trust fund upon trust for my son Phillip Rawson Knight I HEREBY DECLARE that notwithstanding any of the trusts hereinbefore declared concerning my said trust fund it shall be lawful for my said Executors in their absolute discretion to advance any part of the share to which any child of mine shall be entitled or contingently entitled under this my will not exceeding one third of such part or share in or towards the maintenance education support or otherwise for the benefit or advancement of such child or children and whether such child or children shall be a son or daughter and whether such child or children shall be under the age of twenty one years or not AND I hereby further declare that it shall be lawful for my said executors to continue in the same state of investment as the same shall be at the date of my death the whole or any part of my real or personal estate and whilst my said Executors shall so continue to leave the same in the same state of investment as aforesaid then such investment shall be deemed to be an authorised investment by my said Executors any rule or law or equity or any Statute to the contrary notwithstanding and I further authorise my said Executors to invest any trust funds for the time being in their hands in the shares stock or debentures of any Company in which I may hold any shares stock or debentures at the time of my death and such investments shall be deemed to be authorised Trustees investments I declare that if any child of mine shall die in my lifetime leaving issue who shall survive me and being male shall attain the age of twenty one years or being female shall attain that age or marry under that age such issue shall take and if more than one equally between them the share which their his or her parent would have taken under this my will if he or she had survived me and lived to attain a vested interest therein. I hereby further declare that in the event of the Decree or Order made against me in the Supreme Court of New South Wales in its Matrimonial Causes Jurisdiction in the suit brought against me by my first wife Ethel May Knight whereby I was ordered to pay and secure to my said first wife Ethel May Knight certain alimony not enuring beyond my death I hereby declare that it is my will that the said Order shall be read and construed as if the same remained in force during the remainder of the lifetime of my said first wife Ethel May Knight notwithstanding my decease and that my said Executors shall continue to pay the alimony therein ordered to be paid by me to my said first wife Ethel May Knight during the remainder of her lifetime. AS WITNESS my hand at Parramatta this fourth day of December One thousand nine hundred and thirty four.
SIGNED by the said Testator as and for his last will and Testament in the presence of us ... who ... have hereunto subscribed our names as attesting witnesses:— M. HALLIGAN, Conveyancer, Sydney. W.A.H. ALLWORTH, Solr, Sydney.
28th March, 1935. ON THIS DATE, PROBATE of the last will and Testament of the abovenamed deceased was granted to Perpetual Trustee Company (Limited) and Keith Harry Knight two of the Executors named in the said will, William Archie Allworth the other Executors named in the said will having renounced probate thereof. TESTATOR died on the 25th December, 1934. ESTATE SWORN at the sum of £38458/6/11d net. 10
Augustus married Mary Jane INGRAM on 8 Aug 1888 in St. Peter's, Broken Hill, N.S.W., Australia 1. (Mary Jane INGRAM died on 15 Feb 1895 in Adelaide District, S.A., Australia and was buried on 16 Feb 1895 in Broken Hill, New South Wales, Australia.
Augustus also married Ethel Mary COOK, daughter of William COOK and Annie CRERAR, on 2 Sep 1896 in St. Mary's, Booleroo Centre, S.A., Australia 2. (Ethel Mary COOK was born on 14 Dec 1877 in Semaphore, Adelaide, S.A., Australia and died on an unknown date.
"KNIGHT—COOK.—September 2, at St. Mary's, Booleroo Centre, S A., by the Rev. C. H. Young, A. Sydney Knight, of Broken Hill, to Ethel Mary, third daughter of William Cook, of Booleroo Centre."
Knight vs. Knight.
Mr. Barton (instructed by Messrs. Parish and Stephen) appeared for the petitioner, Ethel Mary Knight (formerly Cook), who sought a divorce from her husband, Augustus Sydney Knight, on the ground of misconduct. The parties were married at Booleroo Centre (S.A.) in 1896, according to the rites of the Church of England. His Honor granted a decree nisi, returnable in six months, the petitioner to have custody of the three younger children.
Augustus also married Emily Petrea HACK, daughter of Francis George HACK and Hannah Elizabeth BYRNES, in 1921 in Sydney, New South Wales, Australia 3. (Emily Petrea HACK was born in 1881 in Parramatta District, New South Wales, Australia 7 and died on 23 Sep 1968 in St. Leonards District, Sydney, N.S.W., Australia 8 9.
1st cousins once removed