James ALLARDICE - earliest settler of Dannevirke :: FamilyTreeCircles.com Genealogy
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James ALLARDICE - earliest settler of Dannevirke

Journal by ngairedith

married Elizabeth HARDING (1850-1929) on 29 March 1871
the children of JAMES & ELIZABETH:
* 1872 - 1959 Eliza Marion Allardice
... Eliza married William Henry HAWKINS in 1894
* 1873 - 1952 Albert William Allardice
* 1875 - 1943 Annie Maud Allardice
... Annie married James John CLARK in 1904
* 1876 - 1960 Ada Elizabeth Allardice
... Ada married Alexander BAILLIE in 1897
* 1877 - Henry George Frederick Allardice
... served in Boer War #6309
* 1879 - 1949 Helena Laura Jane Allardice
... Helena married John Lane HASELDEN in 1901

* In 1886 Elizabeth discovered James was 'misconducting' himself with Agnes Little
* In 1896 she obtained a judicial separation
* In 1891 James went to live with Agnes LITTLE (1865-1944)

children of JAMES & AGNES:
* 1890 - 1929 James Simson/Simpson Allardice
... James served in WWI as Private 69180
* 1891 - 1960 Frederick Little Allardice
... Frederick married Rita Teresa LEE in 1920
* 1893 - 1966 Donald Newton Allardice
... Donald served in WWI as Trooper 11/679
... Donald married Ellen Johnston POTTER in 1920
* 1895 - 1954 Percy Edwin Allardice
... Percy served in WWI as Gunner 2/2570
... Percy married Laura Euphemia RIES in 1923
** 1897 - 1917 Henry Jocelyn Allardice
... Henry served in WWI as Private 30500. He was Killed in Action 4 Oct 1917 in Ypres, Belgium. He had registered for service at the Masterton Recruiting Office in June 1916
** 1900 - 1900 John Robinson Allardice
... born 23 Jan 1900, John died 23 March aged 2 months
* 1902 - 1996 Agnes Mary Allardice
... Agnes married Ernest Arthur WESTLAKE in 1927
* 1906 - 1962 Leonard Storey Allardice
* 1907 - 1908 Dorothy Matilda Allardice
Henry Jocelyn Allardice & John Robinson Allardice were registered at birth under Agnes's maiden name of 'Little'. They died as 'Allardice'

* In 1905 James & Elizabeth were divorced
* On 3 February 1906 James & Agnes were married

(NOTE: Danevirk was the original spelling)

Hawke's Bay Herald, 7 February 1879
TENDERS are invited up till 13th February, for the Erection of a Teacher's Residence at Danevirk. Plans and specification may be seen at the Store of the undersigned, to whom tenders must be addressed. Mr JAMES ALLARDICE, Chairman of Committee

Hawke's Bay Herald, 12 June 1880
SALE OF CROWN LANDS - Farm allotments, deferred payments
WOODVILLE district:
* Section 7, Block 9, 150a., ?150 - J. AUSTIN
* Section 8, Block 9, 144a 1r., ?216 10s - R. AUNGER
* Section 9, Block 9, 141a 1r 37p., ?191 9s - W. FITZJOHN
TAHORAITE district:
* Section 6, Block 6, 155a ?380 - C. BIRSS
* Section 11, Block 9, 73a 2r ?147 - A. McDONALD
* Section 12, Block 9, 73a 1r., ?146 10s - A. ANGUS & W. J. RUSKELL
* Section 13, Block 13, 150a., ?250 - J. O'HOGAN
* Section 14, Block 13, 148a 1r., ?289 10s - JAMES ALLARDICE
* Section 20, Block 13, 299a 1r 14p., ?299 6s - VOITREKORSKY and Co.
* Section 26, Block 13, 78a 15p., ?78 10s - T. HAUREN

Hawke's Bay Herald, 5 August 1881
... At the meeting last Saturday of ratepayers in the Danevirk Road Board district the following wardens were elected for the ensuing year:- James WALL, James ALLARDICE, George W. LINES, W. J. GRAHAM and W. F. KNIGHT. At the meeting of the Board held immediately after, Mr Knight was elected chairman.
The Board have a credit balance of ?124 in hand, which will be absorbed by contract let and not yet completed

Hawke's Bay Herald, 19 September 1881
Posts, Rails and Strainers. Low rates and all orders attended to.

Hawke's Bay Herald, 25 January 1882
... The meeting of householders was held in the school-room, Mr Thomas MILLER in the chair. The outgoing committee's report and balance-sheet were read and adopted. The following were elected as the new committee:-
Messrs JAMES ALLARDICE, Anton BIRUKIN, Bernt AMIMASEN, Rasmus E. RASMUSSEN, Thomas MILLER, Christian LARSEN and Jacob BAK.
At the meeting of the committee Mr Allardice was elected chairman and Mr A. P. Tennent secretary

Hawke's Bay Herald, 19 May 1882
... I, JAMES ALLARDICE, of Danevirke, do hereby give notice that I desire to obtain, and will at the next Licensing Meeting, to be holden at Woodville, on the 9th day of June, apply for a certificate authorising the issue of a Publican's License for a house situate at Danevirke, and to be known by the sign of the Danevirke Hotel, containing eighteen rooms, exclusive of those required for the use of the family.
Date the 17th day of May, 1882. JAMES ALLARDICE
... We, the undersigned householders, residing in the immediate neighbourhood of the above-mentioned house, do hereby certify that the above James Allardice is a person of good fame and reputation, and fit and proper to have granted to him a Publican's License. Witness our hands this 17th day of May, one thousand eight hundred and eighty-two.
Ole Christophersen, Thomas Miller, Erick Pearson, Laurits Frus, Christian Marius Christainsen, Hans Jensen, Hans Peter Jensen, Ch. Larsen, J. Halversen, Bernt Amundsen

Hawke's Bay Herald, 2 August 1882
... At the annual meeting of the Danevirke road district, held at the Tamati Hotel, Mr F. G. Cowper in the chair, the following gentlemen were elected wardens for the ensuing year:- Messrs JAMES ALLARDICE, Thomas Miller, W. J. Graham, James Wall and W. F. Knight. The balance in hand was reported to be ?225, the whole of which, however, will be absorbed by contracts now in hand

Hawke's Bay Herald, 13 December 1883
To JOHN MARTIN, of Danevirke, owner of Section No. 20, Danevirke
... TAKE NOTICE that I desire that a boundary or dividing fence between Sections Nos 20 and 21, Danevirke, shall be made on or before the 1st January, 1884, and that such fence shall be a sufficient fence within the meaning of the "Fencing Act, 1881" Dated this first day of December, 1883 JAMES ALLARDICE, Owner of Section No 21, Danevirke

Hawke's Bay Herald, 9 June 1884
... The annual meeting of the Woodville Licensing Committee was held to-day at Sowry's Temperance Hotel. Renewals were granted in the following cases
... James Allardice, Danevirke Hotel, with a caution as to future conduct in reference to allowing illegal actions upon the premises, as in the case of the alleged raffle in the stables

Hawke's Bay Herald, 7 July 1884
Best Accommodation For Travellers. Good Stabling and paddocks.
Seven miles from Matamau

Daily Telegraph, 11 December 1884
ORMONDVILLE R.M. COURT, yesterday, before Captain Preece:-
Police v Daniel McIntyre, Edward James, James Allardice and Henry Stent, charged with threatening behaviour, whereby a breach of the peace might have been occasioned, Clause 4 Vagrant Act 69. The evidence of three witnesses and Constable McGaugheran was taken which went to show that an Evangelist preacher named Pyris had a prayer meeting at the school-house, Danevirke, on the 1st instant, when the defendants interrupted the service.
The charge against James Allardice and Stent was dismissed

Hawke's Bay Herald, 1 July 1886
JAMES ALLARDICE, Proprietor, having made Extensive Additions to his Premises, can now confidently guarantee SUPERIOR ACCOMMODATION to Visitors and Families. The House is now replete with every Convenience and Modern Improvement. Well-furnished suites of rooms for families.
Spacious and well ventilated bedrooms. HOT and COLD BATHS.
Persons wishing to pay a few days visit to the country will find Danevirke on the most healthy and pleasant places in Hawke's Bay.

Daily Telegraph, 10 February 1887
The following cases were disposed of yesterday before G. A. Preece, Esq., R.M.:-
... James Allardice v George Prescott, claim for ?16, value of a horse alleged to have been improperly sold by the defendant as poundkeeper at Takapau; judgment for plaintiff for ?16, with Court fees ?1 3s, and witnesses' expenses 13s 8d; the amount to be reduced to one shilling if the horse is returned by the defendant to the plaintiff within ten days

Daily Telegraph, 20 April 1888
... At the Police Court yesterday, before Messrs W. F. Knight and M. Henderson, J.P.'s, Charles WILEY and William PAYNE were charged on the information of Constable Ryan with the larceny of a case of schnapps, value 40s 6d, the property of Mr James Allardice, of this town. The prosecution was conducted by Constable Ryan, and after hearing the evidence, which was most conclusive, the Bench decided that the case had been fully proved, and sentenced both prisoners to three months hard labour in Napier gaol.

Bush Advocate, 10 May 1888
DANEVIRKE HOTEL - James Allardice, Proprietor
... This Old Established and Favorite Hostelry offers every comfort to the Travelling Public at very moderate tariff rates. Attached to the Hotel is a spacious Billiard Saloon, fitted with two new and superior tables.
Good Stabling and Paddock Accommodation.
Buggies and Saddle Horses always on hire.
The Bar is stocked with a Choice Assortment of the best brands of Liquors.
The Proprietor wishes to point out that DANEVIRKE is the most healthy and pleasant settlement in the bush, and that its immediate surroundings offer the best and most varied attraction to the Tourist, the Sportsman, and the Botanist, the virgin bush, in its pristine beauty, coming close up to the township on all sides.
Families in search of a healthy Summer Resort, or Persons seeking a few days outing have come and found themselves delighted with the place, and returned there again and again.
The Proprietor offers special facilities for such visitors in the form of Comfortable Accommodation, Guides, Cheap Saddle Horses, or Vehicles.

Bush Advocate, 30 June 1888,
... Mr Allardice has now decided to make a start with his new large hotel. Tenders for the erection of same close on the 16th July; plans and specifications are to be seen at the Danevirke Hotel. It will take fully six months to complete this large and handsome building, which will be superior to all hotels in the province

Bush Advocate, 4 September 1888
... The framework of the upper storey of Mr Allardice's new hotel was going up this morning. The great size of the building is now becoming apparent.

Bush Advocate, 22 September 1888
General Election of Commissioners
Notice is hereby given, that the number of votes polled by the Candidates at the election held this day was as follows:-
ALLARDICE, James - 43
BADDELEY, Charles - 50
CULLINANE, Jeremiah - 24
DENNEHY, Bartholomew - 24
FRASER, J. C. - 32
FRIIS, Lauritz - 41
MACKAY, Angus - 66
MILLER, Thomas - 50
RASMUSEN, R. E. - 19
WRATT, George - 25
I hereby declare Angus Mackay, Thomas Miller, Charles Baddeley, James Allardice and Lauritz Friis to be duly elected Commissioners for the Danevirke Town Board. Wm. BIERRE, Returning Officer

Bush Advocate, 29 September 1888,
... The well known thoroughbred stallion HAROLD will run with mares this season at Danevirke. TERMS: ?2 2s; Grazing 1s per week. JAMES ALLARDICE, Proprietor

Bush Advocate, 13 November 1888
... I, James Allardice, of Danevirke, being the holder of a Publican's License in respect of the house and premises situate at Danevirke, do hereby give notice that I desire to obtain, and will at the next Licensing Meeting to be holden at Danevirke, on the eighth day of December, apply for a transfer of the said license from ROBERT DICKEY, my appointee. JAMES ALLARDICE

Bush Advocate, 13 December 1888
... James Allardice pleaded guilty to a charge of allowing two horses and one foal to wander on the line on the 19th November, but urged that the animals got out through people going through his ground and leaving the gate open. He claimed that it would be hard on him if he was fined, as this was the first time his cattle had got on the line, although he had been there for years, and Government ought to procure locks for his gates - Fined 10s and costs 7s

Daily Telegraph, 20 April 1889
... Mr James Allardice is pushing on well with his new hotel at Danevirke. Since the recent election of the Licensing Commissioners eventuated, he feels more assured of getting the license for the same. The unfinished parts of the building are now re-let to a new firm of contractors, who go about the works in a ship-shape style, and appear to be determined to have at least the front portion and the left wing completed in good time for the house to be opened for the use of the public in July. It is evident from the result of the election of those Commissioners that Mr Allardice has the sympathy of three-quarters of the ratepayers of the district, who, for the nounce do not appear to believe in creating and fostering monopolies, but endeavour to follow the straight lines of Free Trade when and where found possible.

Bush Advocate, 22 February 1890
... Hori Herehere was charged upon the information of George Wratt, Chairman of the Danevirke Road Board, with obstructing the Board's officer by removing and destroying certain survey pegs upon the Wainui-Danevirke road.
... James Allardice: I have lived in the district for 10 years. Know Hamilton's road. It is twenty-four years since I first went over the road with sheep. Since I have lived here the road has been constantly used. I was going over the road regularly at the time of the survey in 1879. There were no buildings on the road then. The whares were all down towards the Manawatu river on the opposite side of the road. The buildings now on the road have been erected since the survey

Bush Advocate, 23 October 1890
SIR, - After alighting from the railway train at Danevirke, a beautifully situated and healthy town in the Seventy-Mile Bush District, and in walking down Railway Street a short distance to its junction with High Street, I counted four hotels within a stone's throw of where I stood. These hotels appeared to be large and ornately built structures, which I subsequently found to be well and elaborately arranged internally for accommodation and comfort, especially the Masonic Hotel, which is an enormously large building owned by the genial host, Mr James Allardice, Chairman of the Town Board, one of the oldest identities of the town ... more

Bush Advocate, 31 January 1891
... Mr James Allardice, who has been ill for some time, has sufficiently recovered as to be able to leave his room. He is able to get about a little now, and will, it is hoped, soon recover his strength. He looks much shaken by his illness

Bush Advocate, 5 May 1891
... I, James Allardice, of Danevirke, being the holder of a Publican's License in respect of the house and premises situate at Danevirke, known as the Masonic Hotel, do hereby give notice that I desire to obtain, and will at the next Licensing Meeting to be holden at Danevirke on the sixth day of June, 1891, apply for a transfer of the said license from myself to ELIZABETH ALLARDICE, my appointee. - James Allardice

Bush Advocate, 5 May 1891
... Mr J. Allardice had recovered so far last evening as to be able to attend the meeting of the School Committee, but shortly after the commencement of the meeting he found the cold so severe that he had to reitre.

Bush Advocate, 6 June 1891
... Elizabeth Allardice applied for a transfer of the license of the Masonic Hotel from James Allardice to herself. Mr Miller proposed that the transfer by confirmed. Seconded by Mr A. Mackay, and carried. Application for renewal granted

Evening Post, 25 June 1892
... Mr Justice Richmond sat this morning and partly dealt with a petition by Elizabeth Allardice, of Danevirke, for a judicial separation from James Allardice, of the same place, on the grounds of adultery and cruelty. Mr Jellicoe appeared for the petitioner, and Mr Morison for the respondent. At 1 o'clock the case was adjourned until 11 a.m. on Monday

Bush Advocate, 5 May 1891
(story at link)
... About 2.30 on Wednesday morning the railway whistle sounded a loud and continuous alarm, indicating that something was wrong. What that something was was only too plainly indicated by a bright glare at the bottom of Allardice street. The Co-operative Society's store was in flames, and with a fresh breeze from the northwest the building and its contents were doomed.
... Mr Gunnion, the manager, slept on the premises
... Mr Nuttall, whose premises were next door
... Mr Bamford's office caught fire
... Mr Clarke's shop has been secured
... It was the property of Mr J. Allardice

Hawke's Bay Herald, 2 August 1900
... I learn that Mr J. Allardice, one of our oldest settlers, has offered to present the local Volunteer corps with a site for a drill-shed on a section close to the Masonic Hotel. Here is an example of a public spirit it would be well to see more frequently emulated.
... The drill-shed is likely to become an accomplished fact very shortly, Mr Stevenson having received instructions from the Defence Department to prepare plans for the building. The site given by Mr James Allardice adjoins the Masonic Hotel, and is very central, and when completed the hall will form a valuable addition to the public buildings of the town

Bush Advocate, 6 July 1901
... At the Borough Council meeting on Thursday evening it was reported that Mr J. Allardice is going to have a road formed from High street to the drill shed site at once

Evening Post, 6 September 1902
... A free gift of a large section in Dannevirke has been made by Mr J. Allardice as a site for a Town Hall

Bush Advocate, 31 October 1902
The Thoroughbred Stallion NEEDLEGUN
... Needlegun is a dark brown horse from PATCH - NORDENFELDT, Terms ?3 3s for single mare, two or more as per agreement. Groomage fee 5s on first service. Grazing free, but no responsibility. JAMES ALLARDICE

Manawatu Times, 24 October 1903
... Charles Badderley, publican, and James Allardice, well-to-do residents of Dannevirke, were each fined ?2 and costs at the Court yesterday for neglecting to send in income tax returns

Bush Advocate, 10 May 1904
... I, Charles Benzie, of Norsewood, hotelkeeper, do hereby give notice that I desire to obtain, and will at the next licensing meeting to be holden at Dannevirke on the third day of June 1904, apply for a certificate authorising the issue of a publican's license for a house owned by James Allardice, situate at Norsewood, and known as the Crown Hotel, containing sixteen rooms, exclusice of those required for the use of the family. CHAS. BENZIE

Bush Advocate, 10 November 1904
... Correspondence from James Allardice, requesting the Council to give the name of Barraud-street to the street running past the Masonic Hotel and through the section to his property. Resolved that in consequence of a former resolution that name cannot be given to the street. A committee was appointed to go into the question of naming streets

Bush Advocate, 12 January 1906
... Last evening District Constable Cittadini telegraphed to the police that Mrs Simmonds, an elderly lady who had been keeping house for Mr Lovejoy, at Wimbleton, had died suddenly. The deceased, who was a sister of Mr James Allardice had not been in good health for some time but her death was quite unexpected. As no doctor had been attending her, an inquest will be held to-day
NOTE Eliza Annie Marion Simmonds was 57

Bush Advocate, 5 May 1906
... Messrs Wylie and Co. have shown us this afternoon a sample of potatoes from Mr J. Allardice on his Tipapakuku property from some seed purchased from them. The potatoes are Up-to-dates, and are absolutely the finest tubers we have ever seen. Some idea can be formed of their quality when we say that each one weighs 1?lbs (680gm). The crop generally is of this high average, which speaks well for Messrs Wylie and Co.'s seed

Bush Advocate, 24 July 1906
... His excellency the Governor has been pleased to appoint Mr E. A. Ransom to be a trustee of the Dannevirke Cemetery in place of Mr M. Henderson. He has also appointed Pastor Ries and Messrs J. Neagle and E. Lloyd to be additional trustees, along with the Rev E. Robertshawe and Mr James Allardice, at whose suggestion the appointments have been made.

Bush Advocate, 19 February 1907
The Dannevirke-Herbertville Coaching & Carrying Company, Limited
The ASSETS consist of:-
... Leasehold premises in Dannevirke at the Masonic Hotel held on monthly tenancy from James Allardice and William Light of Dannevirke at ?2 12s 6 per week rental

Bush Advocate, 14 August 1907
... Last night at about 10 o'clock, a horse attached to a gig, driven by Mr J. Allardice, sen., who was accompanied by his young son, took fright at a cow straying in Barraud street, and bolted, galloping up Barraud street, along High street, up Victoria Avenue and down Cole street. Both occupants were thrown out, but beyond a bruise or two they were unhurt

New Zealand Herald, 12 March 1908
... An old resident of Dannevirke, Mr James Allardice, died yesterday morning. Mr Allardice was one of the first residents of the Dannevirke district, and was 61 years of age. He was closely associated with the progress of the town and was well known and highly respected through-out Hawkes Bay. He leaves a large family
... An old resident named James Allardice died at an early hour yesterday morning. About 16 years ago he sustained a hernia and on Monday evening, while "skylarking," he sustained strangulation. He was removed to the hospital and operated upon, but the injury proved fatal. An inquest was held, and the jury attached no blame to anyone. Mr Allardice was one of the first residents of the Dannevirke district, and was associated closely with the progress of the town.

Wanganui Chronicle, 12 March 1908
... Mr J. Allardice, one of the first English settlers here, and well-known in southern Hawkes Bay, died this morning. On Monday, whilst wrestling, an old internal trouble was re-opened. He was taken to the hospital, where an operation was performed, but he died within 24 hours. An inquest will be held this afternoon.
... At the inquest concerning the death of James Allardice, who re-opened an old internal trouble while wrestling on Monday, the jury returned a verdict in accordance with the evidence, adding that no blame was attachable to anyone

Manawatu Standard, 13 March 1908
... Mr J. Allardice, who died at Dannevirke on Wednesday, after an operation at the local hospital, was one of the oldest residents of that district. The deceased was a native of Cumberland, and came to the colony about 40 years ago. After spending a year or so in the Armed Constabulary, he took uyp work on the station of the late Purvis Russell, at Hatuma. The Advocate states that he arrived in Dannevirke about 1877, and opened the first store somewhere near where the Caf? de Paris now stands in High Street. At that time everything was packed to the settlement with great difficulty. Flour was worth 30s per 100lbs and sugar ?1 per bag. Later on Mr Allardice erected a hotel, which was burned down, and he afterwards built and managed the Masonic Hotel.
... The old settlers all had a very warm heart for the late Mr Allardice. He was kind-hearted, liberal, and a sport, and was able to hold his own in all athletic competitions. He was chairman of the Town Board, and also for a number of years rendered the cause of education signal service by acting as chairman of the local school committee. In the early days he would always assist a deserving man to make a start, and it is recorded that he organised and led a party that was successful in rescuing two men who had been lost in the dense bush that existed in these parts. Of late years the deceased was engaged in farming at Tipapakuku, where he owned a considerable amount of property. He was also the owner of the Masonic Hotel. The deceased gentleman was an ardent sportsman, being an extensive patron of horse-racing, and was credited with being the best judge of a horse in the district.
At the inquest the following verdict was returned:-
"That deceased died as the result of strangulated hernia, caused by a fall sustained in a friendly wrestling bout with Christopher Haines, on Monday, March 9th, 1908, but in their opinion no blame was attachable to anyone.

Bush Advocate, 13 March 1908
... The funeral of the late Mr James Allardice took place this afternoon, and was attended by a large number of old settlers, who followed the remains to the cemetery as a mark of respect to the deceased, who was practically the oldest European resident of the district. The funeral service was feelingly read at the graveside by the Rev E. Robertshawe, B.A. The burial of deceased's little daughter also took place at the same time

Wairarapa Daily Times, 16 March 1908
... The remains of the late Mr James Allardice, together with those of his little daughter, who also passed away shortly after her father's death, were laid to rest at Dannevirke on Friday afternoon. There was a large following of friends, both Maori and European, from all parts of the district

Evening Post, 4 December 1909
... A revision of the bequests in the will of the late James Allardice was sought in a Banco lease yesterday, heard by Mr Justice Chapman. The plaintiffs were: Elizabeth Allardice, Eliza Marion Hawkins, Albert William Allardice, Ada Elizabeth Hall, Henry George Frederick Allardice and Helena Laura Jane Haselden; and the defendants were Agnes Allardice and Thomas Henry Gordon Lloyd (executors and trustees of the will of the late James Allardice)
... Judgment was reserved by Mr Justice Chapman, yesterday afternoon in the case of Elizabeth Allardice and others, who sought a revision of the bequests in the will of the late James Allardice, who it was alleged had married twice, and had not made adequate provision for his first family. The defendants were the executive and trustees of the will (Agnes Allardice and Thos. H. G. Lloyd), represented by Mr D. M. Finlay. Mr F. B. Sharp appeared for six infant members of the second family, and Mr C. P. Skerrett, K.C., with him Mr S. A. Atkinson, was for the plaintiffs

Evening Post, 6 July 1910
... An appeal arising out of a testator's will was begun yesterday before the Court of Appeal, which consisted of the Chief Justice, and Justices Williams, Edwards and Cooper. The case was Elizabeth Allardice, Eliza Marion Hawkins, Albert William Allardice, Elizabeth Hall, Henry George Frederick Allardice, and Helena Laura Jane Haselden v Agnes Allardice and Thomas Henry Gordon Lloyd (executors and trustees of the will of the late James Allardice)
... According to appellants affidavit, Elizabeth Allardice arrived in New Zealand in 1867 when 17 years of age. She married James Allardice in 1871, and there were six children by the marriage, five of whom are appellants in the present proceedings. She always devoted her time and assisted testator in his business, and largely contributed to his success. In their first business venture in 1872, she put her saving, amounting to ?150, toward a capital of ?250. In 1886 appellant discovered that her husband was allegedly misconducting himself with Agnes Little, now Allardice. Testator went to live with Agnes Little in 1891. In 1896 appellant obtained a judicial separation, and an order against her husband to pay alimony. Later, in 1905, she obtained a divorce. Testator and Agnes Little married in 1906. They had six children living. Allardice died in 1908, leaving an estate of ?30,000 to his second wife and her children. He did not provide for appellants, nor did he repay to Elizabeth Allardice, his first wife, the ?150 she contributed to their first business.
Their Honours reserved their decision

Manawatu Standard, 9 July 1910
ESTATE OF ?30,000 (July 2013 equivalent of $4,805,668)
... The Allardice case before the Court of Appeal show that the point of the case was whether a redistribution of the estate of JAMES ALLARDICE should not be made with a view to aiding members of his first family, seeing that by his will the whole of the estate was left to members of the second family.
... Mr C. P. Skerrett, K.C., with him Mr S. A. Atkinson, appeared for the appellants; Mr D. M. Findlay and Mr F. B. Sharp for the respondents.
... Tracing the facts as set out in numerous affidavits, Mr Skerrett pointed out that the testator, James Allardice, occupied the first house in the township of Dannevirke. In the year of his marriage (1871) he was employed as a farm hand by Mr Purvis Russell on his Hatuma Station, Waipukurau, where his wife, then 21 years of age, was engaged as housemaid.
Six children were born of the marriage:-
(1) Eliza Marion, 38 years of age, now the wife of William Henry Hawkins, journalist of Pahiatua, whose average yearly earning for the last five years have not exceeded ?150
(2) Albert William, 37 years of age, unmarried, who has lived with his mother at Dannevirke since his father's death, following the occupation of a horse-breaker
(3) Annie Ward, 35 years of age, now the wife of John James Clark
(4) Ada Elizabeth, 34 years of age, now the wife of Arthur Percy Hall, commission agent, of Dannevirke, whose average yearly earnings for the last five years have not exceeded ?150
(5) Henry George Frederick, 33 years of age, unmarried, who was a saddler, now living with his mother at Dannevirke, his average yearly earning during the last five years not exceeding ?50
(6) Helena Laura Jane, 31 years of age, now wife of John Lane Haselden, clerk, of Wellington, whose earnings for the past two years have not exceeded ?2 per week
... Immediately after their marriage James Allardice and his wife went to reside on Mr Purvis Russell's farm at Havelock, Hawke's Bay, and later they purchased a livery stable business at Napier. Mrs Allardice put savings amounting to ?150 into the business and Mr Allardice himself provided ?100, which sum constituted the nucleus of the wealth subsequently amassed. In 1873 Mr Allardice removed to Dannevirke, where his wife and he carried on business as hotelkeepers, storekeepers, butchers, and accommodation house-keepers.
... They were the first European family to settle in Dannevirke, which had now a population of 4000. For many years the family endured the hardships and privations of the early bush settlers. Obtaining a hotelkeeper's license again, the testator purchased out of profits accumulated between 1882 and 1888, several acres of land, including 40 acres fronting High street, Dannevirke, on part of which he built and occupied the Masonic Hotel. About 1886 he commenced a certain relationship with Agnes Little (now the defendant Agnes Allardice), who was then employed by a Dannevirke draper as a dressmaker. In 1891 Mrs Allardice became aware of her husband's relations with Agnes Little, and admission of which was made, and a quarrel was followed by separation. Allardice, although then worth about ?12,000, refused to make separate provision for his wife and his children, but he granted his wife the lease of the Masonic Hotel. Mrs Allardice conducted the hotel maintaining and educating her children until Allardice leased the hotel to another party at an increased rental. In 1891 Allardice went to live with Agnes Little, to whom he was married fifteen years later, and with whom he lived until his death in March 1908.
... The 40 acres of land in Dannevirke, purchased for ?800 about 1888, had increased in value to upwards of ?25,000 at the time of the testator's death. Mrs Allardice affirmed that it was through her devotion to the interests of her husband and her children that the greater part of his wealth was accumulated. Until compelled by legal proceedings, the testator would not contribute to the support of his wife, who, in 1892, obtained a judicial separation from her husband. At that time misconduct alone was not a sufficient ground for divorce, but in 1905 she obtained a divorce, and alimony was fixed at ?120 per annum during her life.
... In 1906 the testator married Agnes Little, and there were seven children (six living), none of whom were legitimate except the youngest. Allardice made a will, which, after providing for a life interest in the whole of the estate (valued at between ?22,000 and ?30,000) in favour of Agnes Allardice, gave the estate to the children of his second wife, making no provision for his divorced wife, Elizabeth Allardice, and her six children.
... Mr Justice Chapman, on hearing the case in 1909. declined to order any redistribution of the estate, stating that although some of the first family were in slender circumstances, the sons were able-bodied labourers, the daughters had long been maintained by their husbands, and none of the family were in a state of want.
After hearing lengthy argument the Court reserved judgment.

Evening Post, 28 July 1910
... Judgement was given by the Court of Appeal yesterday in the case of Allardice and others v Allardice and another - a case concerned with a Dannevirke property administered by respondents, the trustees of the late James Allardice. The principles the court should follow in dealing with applications under the Family Protection Act, 1908, part 2, were raised in his application.
The difficulty, said the Chief Justice, in the present case was: When should children be given maintenance and support? "I do not know," added his Honour, "if any rule has been attempted to be formulated, or if any rule can be formulated." The Act has left the decision in every case to the discretion of the court. First, in his Honour's opinion, the means of the children must be considered. Support, it has been held - at all events, in the case of a widow, did not mean merely having supply of food and clothing, but such kind of maintenance as the widow had been accustomed to. A child also who had been living on its father's means, could not be expected to begin life without means. If the battle of life were a great struggle, and testator's means were great, the court might grant aid. Even where the court was satisfied that the will was unjust, that was not enough to make the court alter the testator's disposition. What was the need of maintenance, and property had been left? The capital value of property left in this case was ?20,000, and testator, who was married twice, left nothing to his first wife and six children. Four married daughters were not well off.
The Chief Justice did not think a married daughter had no claim on her deceased's father's property. His Honour accordingly decreed that ?60 a year should be paid Mrs Haselden, and ?40 a year to Mesdames Hawkins and Hall. Part of the general property should be settled to secure the payment of these sums. No allowance, in his Honour's opinion, should be made the sons, as that "might destroy their energy and weaken their desire to exert themselves."
Leave to appeal to the Privy Council was granted on condition that provision was made for the support of the children in the meantime.

JAMES ALLARDICE died 10 March 1908 aged 61
& buried Grave 38, Block C, Settlers Cemetery, Dannevikre with daughter Dorothy
AGNES ALLARDICE died 7 November 1944 aged 79
& buried Plot 44, Block ZO, Main Section at Mangatera, Dannevirke

(the photo & following bio taken from above link)
... Mr. James Allardice, one of the oldest of the Dannevirke settlers, was born on the 23rd of December, 1846, in Cumberland, England. In the year 1863 he went to Victoria, Australia, where he found employment at farm work for a year, and in 1865 came to New Zealand, and settled in Hawke's Bay. For twelve months he was in charge of Captain Hunter's stables in Napier, afterwards worked for a time at Porangahau, Tahoraiti, and Hatuma, working in the latter place for Mr. Purvis Russell. Mr. Allardice returned to Napier, joined the Armed Constabulary, and took part in the expedition in search of Te Kooti. A year later he resigned from the force, and worked for Messrs Russell Brothers, at Waipukurau, as a horse trainer, He afterwards became manager of Mr. Purvis Russell's Havelock North estate, and subsequently established a livery stable in Napier. Soon afterwards, however, he sold out, and went to Tahoraiti, where for six months he conducted an hotel in partnership with Mr. Elmbranch, and in the year 1872 settled in Dannevirke, where for many years he was engaged in general storekeeping. Subsequently he built the Masonic Hotel, conducted it for some time, and then took up his present farm of 145 acres. Mr. Allardice also owns considerable property in Dannevirke. He was for many years a member and chairman of the Dannevirke Town Board, and was a member of the school committee, and the Dannevirke Domain and Road Boards. He takes a keen interest in volunteer matters, and was a member of the Ruahine Mounted Rifles from the inception of the corps till its disbandment, and gained the rank of senior sergeant.

by ngairedith Profile | Research | Contact | Subscribe | Block this user
on 2013-11-10 05:03:15

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