Good dayTrappa
I mention that I had used Trove to down load digitised details of court cases Following is details of one of those cases and I am only showing the detail of the petitioner William Whittaker , who had been encouraged by Adelaide solicitors to come from America and lay claim to James Whittaker’s estate. James Whittaker had died intestate when the Admella had been wrecked in 1859.
It was detail set out in the “affidavits table explanation of the case" that revealed a number of Whittaker descendants we never knew existed and that William W had been baptised and poor Nancy Whittaker, the mother of James, we thought had produced a natural child (bastard) whereas the table clearly tells us she was Nancy McCluskey and that she had married James Whittaker, a soldier, who died at war when son James was a young boy. Also it says WIlliam Whittaker came to King's County at a place called Kilbegan. I assume it must have been over the border to be Kings Co, as Kilbeggan is in West meath Co
Taken from Court Case Wm, Whittaker v. the Curator of Intestate Estates.
South Australian Register (Adelaide, SA : 1839 - 1900) Monday 29 November 1875 Page 3 of 8
William Whittaker (Trove)
LOCAL COURT OF APPEALS. Saturday November 27. 1875
His Excellency— Let the affidavits be read.
It appeared from a table put before the Court that the root of the petitioner's pedigree was in one William Whittaker, who came up to King's County, Ireland, in 1775. He lived, at a place called Kilbegan, and was believed to have been lawfully married. At any rate he had two sons— John, a weaver at Kilclair, and James, a soldier. James married one Nancy McClusky, by whom he had one son, also called James. This man came to Australia, did well, was drowned In the Admella in 1859, and left considerable property both real and personal. He, however, died intestate, and search was ultimately made for heirs. It was found that Nancy McClusky, the mother of the intestate, had married a second time one James Watson, and had had issue four children. These being but members of the half blood could only take personality, and on the strength of affidavits (the admissibility of which, as will be seen from what follows below, is now disputed) had that portion of the estate divided among them.
To find an heir of the realty recourse was had to the family of the brother of deceased's father. It was found that he had married one Abigail Smith, by whom he had eight children, the' eldest male being Thomas, who was born 1785, and died in 1812. He married Elisabeth Fuller, and bad nine children ; the eldest male living is the petitioner, Wm. Whittaker, who claims as the second cousin of the intestate to be heir-at-law. He is believed to have been born in the early part of February, 1810. At that time very imperfect and often no registers of birth were kept, but It appears that he was baptized on the 13th February. It appears that petitioner in early life emigrated to America, and has become a naturalized citizen of the United States. In the year 1864 he heard of the death of the intestate and that he could have the property by coming here. Accordingly he realized his farm and property at a considerable sacrifice. Since that time — 11 years ago — every enquiry has been made into the history of the family, and there has been no other claimant. The property is producing some £300 a year, and it has been stated in the course of argument that the Curator derives about £50 a year for his trouble as administrator.
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