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the WILL of ALMA LUNT (formerly VIDDLER) Hawkes Bay

Journal by ngairedith

18 MARCH 1907 - SEEKING AN INTERPRETATION OF THE WILL
... His Honour Justice Button held a sitting in Banco to-day. The case of Job Bond, of Wimbledon, plaintiff, and Caroline Fisher (nee Viddler), and others, an originatting summons, seeking for an interpretation of the will of the late Thomas Viddler and Alma Lunt, his widow, who subsequently re-married. Mr Myers appeaare for plaintiff and Mr Chapman for Mrs Fisher. After hearing argument, judgment was deferred


1 MAY 1907 - INTERPRETATION OF THE WILL
... Interpretation of the will of Alma Lunt, of Hawkes Bay, was sought recently from Mr Justice Button. She was married to one Thomas Viddler, who predeceased her (1858-1895) and afterwards she married one Frederick Lunt. She died, leaving a will of ambiguous nature; so much so that the court was moved to say whether in it she had attempted to dispose of property which was her own, or of the whole estate comprised in that left by her first husband, and the improvements subsequently effected therein. Purchase of this property had also been improved by her labours and her expenditure of moneys in implements, etc., but his Honour (in a judgement given this morning) ruled that whatever increase in value accrued to the estate from the workings of herself and her children became the property of her estate. It was true that Mrs Lunt had some interest in her late husband's estate, but his Honour felt sure that when making her will she inteneded to give the whole estate left by her first husband, which she had no right to dispose of. Her will must be held to be entirely inoperative except as to appointment of an executor, and the estate must be distributed according to the provision of the Administration Act, 1879, Amendment Act, 1895, under which Act also the estate of the late Thomas Viddler must be administered


13 MAY 1907 - THE WILL
A HOME-MADE WILL - FLAWS THAT MADE IT VOID
... Mr Justice Button had a delicate and difficult task to perform at Wellington on the 2nd inst. He was called upon to deliver judgment interpreting a home-made will, drawn by the late Mrs Alma Lunt, of Spray Hill, Hawke's Bay, who died on December 29th, 1902. The wording of the will are as follows:
"This is the last will and testament of me, Alma Lunt, of Spray Hill, in the provincial district of Hawke's Bay, New Zealand. I give my son, Richard Viddler, all my real estate after my daughters are married. But until then they share equally together in all profits, and each of my daughters, on getting married, are to receive the sum of £50 (equivalent in May 2011 to about $7,750). Until then I wish my husband to be guardian until they reach the age of twenty-one years, and he is to live with them until said age, but pay his share towards the food. The estate cannot be sold unless my son Richard dies without issue. If he dies without issue, the place can be sold, and divided equally among the surviving children. My son Richard cannot bring a wife home until my daughters are married. My husband is not to marry again. If he does, he cannot bring his wife to Spray Hill, being section VI., W.S.D., and I hereby appoint Mr Job Bond executor of this my will"
In unraveling this vigorous and intricate will, his Honour stated that the estate in question was formerly left by the testator's first husband, Thomas Viddler, and although his widow, before and after her second marriage treated the estate as her own, and improved it nevertheless the only property in which she was entitled at the time of her death was her interest in value accrued to the estate from the working of herself and her children became, in his Honor's opinion, the property of the estate. Yet in wording her will, and in the reference to the gift of £50 to each of her daughters, she evidently believed she was dealing with the whole of her first husband's estate. He did not believe it would have been her intention to give such legacies if she had known her real position in regard to the estate. In reality she had no power to dispose of her first husband's estate, and the will, therefore became altogether inoperative except as to the appointment of the executors. Her own estate, which was merely her interest in her first husband's estate, must be distributed in terms of the Administration Act, 1879, Amendment Act, 1885, together with the rest of that estate.
His Honor gave judgment accordingly, and made certain orders asked for in regard to the management of the estate. Costs to be paid out of the testatrix's estate.
The parties to the action were Job Bond (executor) on the one side and on the other side:
* Caroline FISHER (nee Viddler)
* Richard Viddler
* Mary Viddler
* Sarah Viddler
Mr Myers was for the plaintiff and Mr Chapman for Mrs Fisher and Richard Viddler


the children of Thomas & Alma VIDDLER:

???? - ???? Caroline Viddler
- married Charles Hyne FISHER (1879-1935) in 1902 in Eketahuna
- born in Wellington to William FISHER & Wilhelmina HYNE
- Charles was proprietor of the Dudley Arms Hotel at Mangatainoka
- they were divorced in 1911
- Caroline next married Ernest OSMAN, 11 Oct 1911, in Carterton
- Charles next married Hettie CUMING, 7 May 1913
... big thank you to sy for that info, see comments below for more
NOTE ... A quiet wedding was celebrated at the Methodist Church, Carterton, on Wednesday, when Mr Ernest Edward Osman, of Masterton. was married to Miss ? Caroline Viddler, eldest daughter of the late Mr Joseph ? Viddler, of Wimbledon, Hawkes Bay. The Rev. Mr Standage performed the ceremony. The bride was given away by Mr. Johnson, and was attended by Miss Osman (sister of the bridegroom possibly Lillian Ethel) as bridesmaid. The bride's dress was cream silk and insertion, and she wore the usual veil and orange blossoms and carried a lovely bouguet. The bridesmaid's dress was white silk, with hat to match, and she wore a handsome gold brooch, the gift of the bridegroom. Mr George Gordon was best man

1881 - 1953 Richard Thomas Viddler
- Richard married Emilia Hennrietta AUGUSTINE 18 May 1915 in Dannevirke
- she was the 7th of 11 children of Emil Carl AUGUSTINE & Elise ADRIAN
- he was living in Dannevirke as a Gardener
- he died 19 Oct 1953 aged 72
- Amelia died 18 May 1984 aged 96
- they are buried Plot 1 - Block ZT at Mangatera cemetery
- there are twins John & Alma Viddler also buried at Mangatera. They may be the children of Richard and Emilia. John & Alma died 18 Nov 1915 aged 2 hours, address Umutaoroa, Dannevirke, buried Plot 7, Block B

1887 - 1976 Mary Viddler

1889 - ???? Sarah Viddler

1895 - ???? Thomas Job Viddler

CAN YOU HELP WITH THESE CHILDREN ???



N O T E S

17 JULY 1890 - WASTE LANDS BOARD
... Thomas Viddler applies for land at Weber

18 APRIL 1895 - HAWKE'S BAY LAND BOARD
... from E.T.R. Rendle and T. VIDDLER, asking for an extension of time for payment of arrears till June - Granted

11 MAY 1895 - DEATH of THOMAS VIDDLER
... Details to hand regarding the boating fatality at Herbertville, by which a settler of Weber, named Thomas Viddler, lost his life, show that the accident occurred through the boat striking a snag in the river. Deceased was employed by Messrs McKenzie Bros., contractors for the conveyance of tools to the Government camps at the Akiteo river. For the purpose of executing the contract, a boat has been constructed, and on Friday last it was launched and loaded with about 5cwt of iron for a trial trip. All went well for about four miles, when the boat, which was going at a fairly good speed, came into contact with a snag not visible above water, which made a big hole in the boat, and the water rushing in, it sank in about 15 feet of water. James and Donald McKenzie succeeded in holding on to the snag, till their cries for help attracte the attention of some bushmen, and were, after some difficulty, rescued. Viler, however, failed to find any support, and shortly after the boat sank he was seen to throw up his hands and disappear beneath the water. Deceased was a Crown settler, with a wife and five children, and for the last four years had been struggling to make a home for himself. (Thomas's remains (the skull & other bones) were found 20 months later in Weber near the Akiteo River. Alma took them home and buried them on their land on the bank of the river in Weber)


ALMA LUNT, formerly Viddler, died 28 Dec 1902 aged 46
- her last address was Waione, Dannevirke as a Sheep Farmer
- she is buried in the Weber cemetery

also at Weber cemetery is
CHARLES THOMAS LUNT died 8 Oct 1911 aged 9
- a son of Charles LUNT (1870-1941) & Priscilla CARTER (1868-1946)
- his last address was Horoeka, Dannevirke
- he was killed after becoming entangled in a rope attached to a horse in his father's paddock and sustained a fracture at the base of his skull
- he is buried Plot 83B, Block 2 in Weber cemetery




Charles Hyne FISHER & Caroline VIDDLER c1908
- from PAHIATUA, at NZETC

by ngairedith Profile | Research | Contact | Subscribe | Block this user
on 2011-12-26 00:23:42

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by sy on 2012-02-25 17:41:10

Caroline Viddler married Charles Hyne Fisher in Ekatahuna 1902.He was the son of William Fisher who had taken up a 50 acre section near what was to become Alfredton.
On the 4th January 1873, William married Wilhelmina Hyne daughter of the late William Hyne of Fyfeshire, at the St John's Presbytarian parsonage on the Terrace Wellington.In 1906 Charles was the proprietor of the Dudley Arms Hotel at Mangatainoka. There is a photo of them in the Pahiatua section of the NZ Cyclopedia. They then went to Ohakune where they ran a boarding house. The Feilding Star 22 may 1911 records the granting of his divorce in the Auckland Supreme Court on the grounds of his wife's misconduct with Ernest Osman a waiter. 11th October 1911 Caroline and Ernest were married at the Carterton Methodist church. [Wairarapa Daily Times 13th Oct]. Caroline is described as the eldest daughter of the late Mr Joseph Viddler of Wimbledon, Hawkes Bay. In 1913, probably between February and May Charles remarried Hettie Cuming. Hettie La Monte born in 1878 produced two children out of wedlock to Hamilton Cuming, Susan 1901-1903 and Hamilton 1905-1957 [buried Karori 4th March]. Hamilton subsequently married Hettie in 1911 but died 3rd February 1912 at which stage he was either 62[cemetery records] or 66[bdm record]. Hettie was applying for a publican's license in February 1913 for the Tua Marina Hotel in Marlborough which she leased from Arthur Redmond. In May the application was in the name of Charles. By 1917 the license had been transferred to a Mr Lawson and the Fishers moved to Wellington where Charles became manager of the Wellington Demolition Co, a position he was holding by 1927. Charles was killed 8th January 1935 when a brick wall he was demolishing fell on him [ref Evening Post 16th]. Hettie died 27th September 1947. A tombstone in the Karori Cemetery commemmorates her, her 1st husband Hamilton, and her infant daughter Susan. Ernest Osman, described as a carrier, went off to the war as a private in 1918, at which stage Caroline was living at 97 Bell St Wanganui. Here they seem to disappear.

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