110/189 Max SCHRAMM Date of grant: 01 Mar 1909; Date of death: 18 Nov 1908; Occupation: Lutheran Minister; Residence: Doncaster DIGITISED ITEM Digitised DATE:1908 SERIES:Probate and Administration Files AGENCY:Master of the Supreme Court CITATION:VPRS 28/ P3 unit 5, item 110/189 Series title: Probate and Administration Files Description: 110/189 Date range: Public access: Open Format: Physical Location: North Melbourne This Item is part of Series number: VPRS 28 Consignment number: P0003 Unit number: 5 http://access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewItem&entityId=7145071622
Transcription: Carolyn Screen 2018
In the Supreme Court of Victoria in the probate jurisdiction in the will of Max Schramm late of Doncaster in the State of Victoria Lutheran Minister deceased Probate I certify that the sum of ÂŁ79 - 1/- for the Duty on this Probate has been paid Signature unknown Officer under Section 96 Act 1860 V. Wischer
In the Supreme Court of Victoria in the Probate Jurisdiction In the will of Max Schramm late of Doncaster in the State of Victoria Lutheran Minister deceased. Be it known that on the first day of March in the year of our Lord one thousand nine hundred and nine, the will (a true copy of which is hereunto is annexed) of Max Schramm late of Doncaster in the said State Lutheran Minister deceased who died on the eighteenth day of November one thousand nine hundred and eight and who had at the time of his death real estate within the jurisdiction, sworn not to exceed in value two thousand and three hundred pounds and personal estate within the jurisdiction, sworn not to exceed in value seventy five pounds, ten shillings was proved by Victor Schramm of Doncaster aforesaid Orchardist and Albert Schramm of Pitt Street Auckland in the Dominion of New Zealand Fireman the executors named therein, they having been first sworn that they would well and truly collect and administer according to law the estate of the said Max Schramm and would exhibit and deposit in the office of the Master-in-Equity a true and perfect inventory of the said estate within three months of the order granting Probate and a true and just account of their administration of the said estate within fifteen months of the said order. Given at Melbourne this eleventh day of March in the year of our Lord One thousand nine hundred and nine. Wm MacDonald Registrar of Probates
110189 In the Supreme Court of Victoria Probate Jurisdiction In the Will of Max Schramm Late of Doncaster In the State of Victoria Lutheran Minister Deceased Order for Probate 11/3/09 V. Wischer
In the Supreme Court of Victoria Probate Jurisdiction In the Will of Max Schramm Late of Doncaster In the State of Victoria Lutheran Minister deceased Before the Registrar The first day of March 1909 Upon application this day made by the Proctor for the applicant and upon reading the several affidavits of Victor Schramm, Albert Schramm and Victor Wischer respectively sworn and filed herein THIS COURT DOTH ORDER that Probate of the said Will be granted to Victor Schramm of Doncaster in the State of Victoria Orchardist and Albert Schramm of Pitt Street Auckland in the Dominion of New Zealand Fireman the executors named therein. By the court Wm MacDonald Registrar of Probates
110189 In the Supreme Court of Victoria Probate Jurisdiction In the Will Of Max Schramm Late of Doncaster In the State of Victoria Lutheran Minister Deceased Affidavit of Publication of Notice and of Searches V Wischer
In the Supreme Court of Victoria Probate Jurisdiction In the Will of Max Schramm Late of Doncaster In the State of Victoria Lutheran Minister deceased I Victor Wischer of 443 Chancery Lane Melbourne In the State of Victoria Solicitor Make oath and say 1. That the following advertisement duly appeared in the Age newspaper published in Melbourne on the ninth day of January 1909 namely after the expiration of 14 days from the publication hereof application will be made to the Supreme Court that Probate of the Will of Max Schramm late of Doncaster Lutheran Minister deceased be granted to Victor Schramm of Doncaster orchardist and Albert Schramm of Pitt Street Auckland in the Dominion of New Zealand fireman the executors appointed by the said Will. Dated the 8th day of January 1909 V Wischer 443 Chancery Lane Melbourne “Proctor� 2. That I have since the death of the deceased searched and find that no Will of the above-named deceased is deposited in the office of the Registrar-General. 3. That I have this day searched in the proper office of this Honorable Court and find that no caveat is lodged in this matter. 4. That no application for probate or administration in this matter has heretofore been made to or been granted by this Court or the Registrar of Probates of this Court. 5. That I am the Proctor acting generally in the above application. Sworn at Melbourne in the State of Victoria this 17th day of February One thousand nine hundred and nine. V. Wischer Before me ??? signature A commissioner of the Supreme Court of the State of Victoria for taking Affidavits
110189 In the Supreme Court of Victoria Probate Jurisdiction In the Will of Max Schramm Late of Doncaster In the State of Victoria Lutheran Minister AFFIDAVIT OF EXECUTORS V. Wischer 17 February 1909
In the Supreme Court of Victoria Probate Jurisdiction IN THE WILL of Max Schramm Late of Doncaster In the State of Victoria Lutheran Minister deceased We Victor Schramm of Doncaster in the State of Victoria Orchardist and Albert Schramm of Pitt Street Auckland in the Dominion of New Zealand Fireman severally make oath and say – 1. That we are seeking to obtain Probate of the Will of the above named Max Schramm deceased and we are both of the full age of twenty one years. 2. That the said deceased died on the eighteenth day of November One thousand nine hundred and eight. 3. That said deceased was married at the time of his death. 4. The said deceased left a Will bearing the date the third day of May One thousand nine hundred and six which is as we believe the last Will and Testament of the said deceased and which was unrevoked. 5. That the testator was the full age of twenty-one years at the date of the execution of the said Will. 6. By his said Will the said testator appointed us two of his sons executors thereof. 7. The paper writing hereunto annexed marked “A” is the true last Will and Testament of the said deceased as we verily believe. 8. The said Will was executed in the presence of Edward Joseph Symons now residing at Main Road Doncaster aforesaid Electoral Registrar and of Beatrice Louisa Symons now residing at Main Road Doncaster aforesaid Postmistress. 9. The said deceased left real estate in the State of Victoria not exceeding the value of two thousand three hundred pounds and personal property in the said State not exceeding the value of seventy five pounds ten shillings detailed particulars whereof are set forth in the statement filed herein.
10. That if we obtain probate we will well and truly collect and administer according to law to the best of our knowledge and ability the property, lands and hereditaments goods, chattels and credits of the said deceased at the time of his death which at any time after shall come to the power or control hands or possession of us as his executors or of any other person or persons for us that we will make or cause to be made a true and perfect inventory of all and singular the property, lands and hereditaments, goods, chattels and credits of the said deceased which shall have come to the hands possession or knowledge of us or to the hands or possession of any other person or persons for us and the same so made will sign with our proper handwriting and exhibit and deposit or cause to be exhibited and deposited the same inventory in the office of the Master-in Equity within three calendar months next ensuing the order granting Probate and further that we will make of cause to be made a true and just account of the administration of the estate which we have undertaken as to our receipts and disbursements and as to what portion is retained by us and what portion remains uncollected and the same so made will sign with our proper handwriting and will exhibit and deposit or cause to be exhibited and deposited the same account in the said office of the Master-in-Equity within fifteen calendar months next ensuing the order granting Probate. Sworn by the above named Albert Schramm at Auckland in the Dominion of New Zealand this fourth day of February 1909. Before me J.S. Haddon Solicitor Auckland New Zealand. A Commissioner of the Supreme Court of New Zealand for taking affidavits in New Zealand. Sworn by the abovenamed Victor Schramm at Melbourne in the State of Victoria this 21st day of January One thousand nine hundred and nine. Before me D Poole. A Commissioner of the Supreme Court of the State of Victoria for taking Affidavits.
Passed for Duty £2 fee 5/3/09 IN THE SUPREME COURT OF VICTORIA PROBATE JURISDICTION Approved and allowed balance for duty IN THE Will Of Max Schramm Late of Doncaster In the State of Victoria Lutheran Minister Deceased STATEMENT AND AFFIDAVIT
In the Supreme Court of Victoria Probate Jurisdiction IN THE Will Of Max Schramm Late of Doncaster In the State of Victoria Lutheran Minister Deceased We Victor Schramm of Doncaster in the State of Victoria Orchardist and Albert Schramm of Pitt Street Auckland in the Dominion of New Zealand fireman severally make oath and say 1. That the paper writing hereunto marked “Aâ€? contains a true statement of all and singular the real and personal estate of or to which the above-named deceased was at the time of his death possessed or entitled, that the value thereof as therein set forth are the true and full values of the several particulars therein mentioned respectively and that the liabilities therein stated are justly due thereon and that the balance of one thousand seven hundred and fifty two pounds therein appearing is the full net value of the said real and personal estate. 2. That the said deceased did not within twelve months immediately preceding his death make any conveyance or assignment gift delivery or transfer of any estate real or personal purporting to operate as an immediate gift inter vivos whether by way of transfer delivery declaration of trust or otherwise.* 3. That the said deceased did not at any time make any conveyance or assignment gift delivery or transfer of any estate real or personal relating to any property of which property bona fide possession and enjoyment had not been assumed by the donee immediately upon the gift and thenceforward retained by him to the entire exclusion of the deceased or of any benefit to him by contract or otherwise* 4. That the said deceased immediately preceding his death did not hold any property whatsoever as a joint tenant* 5. That the said deceased at the time of his death had not a general power of appointment by deed or will over any property whatsoeverę?‰ 6. That the following are the particulars of the relationship to the said deceased of the persons beneficially entitled under the Will of the said deceased namely the beneficiaries are the Widow and children of deceased. 7. The total net value of the estate in and out of Victoria does not exceed two thousand pounds Sworn by the abovementioned Albert Schramm at Auckland in the Dominion of New Zealand the fourth day of February 1909 Before me JG Haddon Solicitor Auckland New Zealand. A commissioner of the Supreme Court of New Zealand for taking Affidavits in New Zealand by the abovementioned Victor Schramm Sworn by the abovementioned Victor Schramm at Melbourne in the State of Victoria this twenty first day of January One thousand nine hundred and nine Before me signature??
IN THE SUPREME COURT OF VICTORIA, PROBATE JURISDICTION IN THE Will of Max Schramm late of Doncaster in the State of Victoria Lutheran Minister deceased. This is the paper writing marked “A” referred to in the annexed Affidavit of Victor Schramm and Albert Schramm Sworn by the said Victor Schramm this twenty first day of January 1909 Before me signature?? A Commissioner of the Supreme Court of Victoria for taking Affidavits This is the paper writing marked “A” referred to in the annexed affidavit by Victor Schramm and Albert Schramm sworn by the said Albert Schramm this fourth day of February 1909 Before me signature?? A Commissioner of the Supreme Court of New Zealand for taking affidavits in New Zealand STATEMENT OF ASSETS AND LIABILITIES 18/11/09 Assets – Real Estate Land with houses thereon as set forth in JRB Morton’s valuation herewith. Area 23 acres 1 rood 6 perches parts of Unwin’s Crown Special Survey Parish of Bulleen County of Bourke Certificates of Title Vol 837 Fol 167300 Vol 2704 Fol 540728 valued by the Shire at £110 per annum which is excessive and therefore recourse was had to a Sworn Valuer as aforesaid who estimated the value for both properties at £1600-0-0 This property is let for a term of ten years to Max Schramm at £52 per annum. Land at Templestowe described in report of said JRB Morton. Area 41 acres 1 rood and 23 perches being part of Crown Allotment 5 Portion 17 at Doncaster Parish and County aforesaid Shire value is £38 per annum but the Sworn valuer estimates the value at £700-0-0 Personal Property Furniture very old £40 Books £5 Watch and chain £3 Draft horse £20 Manure dray £5 Tip dray £1/10/0 Harness 10/0 Plough old 10/0 Landed property held under lease or licence from the Crown – Rents – Crops – Live Stock – Farming Implements – Carriages etc – Harness and Saddlery – Furniture – Watches, trinkets, jewellery etc – Money in hand or house – Money in Bank, Current account – Money in Bank on deposit – Interest – Debentures – Mortgages – Interest – Life Policies – Bonus Shares – Dividends – Plant etc – Tools – Debts due to the estate – Stock in a shop or business – Goodwill – Interest in a deceased person’s estate Nil except as stated above Liabilities Dr Vaughan Medical Services Box Hill £4 Balance of wages due to Joseph Schramm from 1st January 1892 to date of death as admitted by Will at 10/- a week shortpaid £413 Balance of waged due to Victor Schramm as aforesaid at 5/- a week shortpaid £206/10 Balance for Duty £2375/10
In the Supreme Court of the State of Victoria Probate Jursidiction In the Will Of Max Schramm Late of Doncaster In the State of Victoria Lutheran Minister PRÆCIPE On the application to the Registrar to grant Probate of the above Will to Victor Schramm of Doncaster Orchardist and Albert Schramm of Pitt Street Auckland in the Dominion of New Zealand the executors appointed by the said Will 17 February 1909