Sk1834-Info 1d, Fuller Will and court case Close info Window

New family info extracted from the Will Courtcase,
Auckland Evening Star. from 2nd Feb-9th Feb 1887


Courtcase ran over approx 6 days excl. a weekend.
Headings were – The Disputed Will Case & Todays Proceedings.
S H Fuller was housekeeper for some years to Mr Thompson who was the owner of the Settlers Hotel. After he gave up business she purchased it for £2500 paying £1500 and leaving £1600 on mortgage at 10%. She did exceedingly well in the hotel.

Under her first will, Thompson was executor but she later made another one as it was undesirable to have her mortgagee as executor also.

Susannah returned to England (~1883) three years prior to her death(dec1886), and took Jane Leah with her. They returned on the Northumberland 18 march.1884. (92 days from London) It was in England that she made her first will and made a second on her return. West coast times 19th March -SHIPPING TELEGRAMS.
Auckland, March 18. The Northumberland arrived from London, 92 days out, with a large number of cabin passengers and Government immigrants. Saloon passenger S.H. Fuller


Daughter Jane and Charles White were married in Whangarei 13 May 1886 – only 3 months prior to Susannah going to live with them.

She moved to Auckland for medical advice- suffering from cancer of the womb on the 17th August and lived in the house of her son-in law Charles Henry White (a draper) living in Howe St, Ponsonby.
Whites moved to Anglesea Street approx 1-3rd September The 3rd and 4th wills were made in September.

Mr Cave, Solicitor said she was a particularly clear headed woman who knew all about her affairs.

She had intended to marry Mr (Robt.) Sissons (a JP) and had prepared a marriage settlement with Hughes and George (solicitors?).

Her will intended her eldest son Henry Colin to receive £100 as she had advanced him large sums of money and helped him out of many scrapes in the past.
Her eldest daughter Susannah Harriet Harrison - Cook and Culpans shop and half the proceeds of bill of sale.
Daugther Eliza Albina Low - Cook and Simpsons shop and half the proceeds of bill of sale.
Youngest daughter Janey Leah White and youngest son Charley Fuller – the following property to be divided equally between them, viz: The Settler’s Hotel and Mr Scotts shop and cottage at the back of hotel. Also ground opposite Mr Clendons.
My daughter Janey at the division to retain the hotel and paying Charley whatever sum would make a fair division between the two children Janey and Charley.

She said she had made various advances to the husbands of Mrs Harrison and Low. She had helped Mr Harrison get the Kamo Hotel and made advances (£600) which were only partly secured. To Mr Low also she had made advances. Low later as witness said the only money he ever borrowed was $30 in 1879 which he later repaid - Low at the time was a bankrupt.

She expressed clearly that neither of the husbands should receive anything and would tie up tightly to their wives, whatever she left. She considered 'Cissy' entitled to more than Mrs Low as she had helped her earn the money and had lived with her longer.

She added a codicial to the will (prepared by Mr Alexander) giving her jewellery and family portraits to Mrs White. Eliza wished to have to two sections of land near Mr Clendons. Susannah had promised them to her so a codical was prepared to that effect. The Kamo Hotel was for sale (Harrison had become bankrupt) and the proceeds from it would not realise the amount that Harrison owed her.

Willm Carruth solicitor said Harrison had reduced the bill of sale to £312, paying off nearly £300. The bill of sale realised a net amount to Mrs Fuller of about $250, so that the loss on the advance was only some £60, so she had determined to revoke the bequest of the sale to Mrs Low and Mrs Harrison and the proceeds of the bill of sale to be applied to the reduction of mortgage on the Settlers Hotel. Harrison Low & being compensated for the alteration by the former receiving £200 and the latter getting the two sections she wished for.

She also wished for an adopted child, a grandchild (I presume-Henry Colins daughter Elizabeth? confirms my earlier notes as young son Harry was at some later stage with his father in Wellington) to be given into Mrs Harrison’s care.
Susannah had mentioned to (witness) William Suiter a brewer that Harrison had abused her daughter. At one stage Mr & Mrs Low, Mr & Mrs Harrison and child were all residing in the Whites house.

Henry Colin Fuller- Cross examined – Two days after his mothers’ death, sold his legacy of £100 for £78?. He got £10 for a change of £50 from Cohen, the money lender. His wife was in gaol. He lived with a Jane Tooley, who had once been a servant in his mothers’ hotel, until he could obtain a divorce. He had been employed by the Melbourne Bus Company for eight years, and in Auckland since then he had been assisting in giving theatrical entertainments.

Eliza Low lived with her mother while she was in the Settlers Hotel. Prior to her mother taking it over, Eliza worked in it, and her mother received wages on her account. When Susannah left the hotel in August, Eliza and John Low took charge of the hotel.
Eliza as witness said her mother had one set of jewellery which she bought in October 1882 for 65 guineas. She also had a gold watch and chain, bracelets and brooches, and five diamond rings, one of the latter costing as much as £50.

Found this a bit strange- Seeing she originally came to Nz with a Henry Fuller. Perhaps family never knew their father was McDonald.

(I found the birth of a child Ivy Violet in 1887/16262 to Jane Leah & Charles Henry White, although also found she died aged 2months. )

Follwing this dispute payment on the Hotel mortgage fell into arrears and was forced to be sold
Northern Advocate, 1st oct 1887

Important Sale Messrs Tonks & Co. advertise for sale by public auction that well known and commodious hostrely the Settler Hotel; corner of Cameron and walton Streets, Whangarei. This is a chance of speculation that capitalists should take advantage of.
Extended Transcripts of Will Case
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© JCC Glass
Updated 12th March 2011
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