MySource:Kerbent/Will of James Kitto - Died 16 Jul 1888

Will of James Kitto - Died 16 Jul 1888 James Kitto's will, dated 16 Dec 1887, left everything 'to my beloved wife, Catherine Kitto, during her life. After her death everything is to be sold and the proceeds to be divided equally amongst my children and my wife's children or their heirs or administrators. I hereby appoint Thomas Cox (sic), Nathalia, Storekeeper, William Stear, Lake Charm, Kerang, farmer executors'. When he died his estate was valued at L130. There were no liabilities. Real Estate-Crown Allotment 5 Sect. 6B Parish of Nerring, Co of Bendigo comprising 1 rood on which is erected a brick dwelling house containing 3 rooms and a wooden kitchen. The land with improvements thereon are rated at L16p.a. by the Borough of Eaglehawk - value L120. Personal Estate - Furniture valued at L10 Probate was sworn by Catherine Kitto who signed with her mark. An affidavit filed by Catherine on 17 Dec 1889 states that the executors have not taken any steps to finalise probate 'so that has left me, his lawful widow, and Ellizabeth Jane Andrews (sic) of Elmore, Julia Hoskins (sic), wife of Thomas Cox, of Nathalia, aforesaid storekeeper, and William Kitto, Swan Hill, butcher, his only surviving children. I claim entitlement to administration of the estate' Affidavits filed 12 May 1890 - Renunciation as executors sworn by William Stear, William Bennetts Kitto and Thomas Cocks - 'do fully and absolutely disclaim and renounce all my right and title to probate as executor of the will.' (why did Wm renounce when he was not executor on the original will?) Affidavit filed 13 Dec 1890 (dated 9 Dec 1890). Articles 1-7 just identification etc. Article 8. - That letters of Administration with the Will annexed, of estate of the said deceased were granted to the said Catherine Kitto, widow of the dec., on or about 19 May 1890, but the said Letters of Administration with the Will annexed, of the estate of the said Catherine Kitto died before entering into the necessary bond and before the issue of the said Letters of Administration to her. Article 9. - That the said Catherine Kitto died 15 Jun 1890, intestate. Article 10. - That his surviving children (named) were the only persons entitled by law to share in the distribution of his estate. Letters of Administration dated 20 Dec 1890 - granted to William Bennetts Parsons Kitto, Swan Hill, butcher, the only son of the said dec. Thomas Cocks, Nathalia, storekeeper and William Stear of Lake Charm, farmer -executors named in the Will having renounced their right to Probate. William Bennetts Partson Kitto having been sworn to collect and administer the estate. Affidavit by George Walker the elder, Swan Hill, gentleman on 28 Feb 1891 on the sureties in the estate of Hames Kitto. I am worth property to around L130 and above what will pay all my debts and liabilities. Property consists of Butchers Premises, Campbell St., Swan Hill - a shop and private dwelling house. Affidavit by James Heppingstall Long, Swan Hill, on 28 Feb 1891 also swearing he was worth L130, property consisting of 10 acres of freehold land at Swan Hill.