William Arthur Evans [34025]

  Noted events in his life were:

• Newspaper: The Sydney Morning Herald, 1932 Jul 26, Sydney, Cumberland County, New South Wales, Australia. IN EQUITY. (1932, July 26). The Sydney Morning Herald (NSW : 1842-1954), p. 6. Retrieved February 14, 2011, from <http://nla.gov.au/nla.news-article16913114>

IN EQUITY.
(Before the Chief Judge, Mr. Justice Harvey.)
PRESUMPTION OF DEATH.
Re William Arthur Evans, junior.
In the matter of the trusts of the will of William Arthur Evans, late of Goulburn, pawnbroker, who died in 1890, application was made on behalf of Anne Saxton, Arthur Evans Balgowan, Veronica Mary Barry, and Charlotte Ida Balgowan that the Court should assume the death of William Arthur Evans, Junior and order that certain land at Goul- burn be vested in the applicants for an estate in fee simple as tenants in common. On the land at Goulburn had been erected a hotel known as the Australian Hotel which in October, 1924 was de-licensed. William Arthur Evans, Junior, the life tenant who was born in 1859 executed in 1896 a mortgage over the hotel this passing to an assignee who later died. Prolonged litigation followed, and in September last an order was made directing payment out of certain compensation money to the present applicants subject to decision on the question of whether the life tenant was dead. William Arthur Evans, junior who lf living would be 73 years of age, disappeared many years ago. Search had been made for him without success.
An affidavit by Catherine Hobbs of Vau- cluse stated that the deponent did not know the missing man but that while in company with Berenice Oates in Cowper-street Bondi Junction, in 1929 or 1930, she saw a man whom Berenice Oates (his sister-in-law) said was her brother-in-law. When spoken to, he said that his name was Evans but that his Christian name was Phillp. An affidavit by Mrs Oates said that she positively identi-fied her brother-in-law.
Having heard further evidence, his Honor said that he thought he ought to presume that Evans was dead. The evidence was strongly against the idea that it was him who was seen at Bondi Junction.
An order was made vesting the land in the applicants (beneficaries under the will), costs as of submitting defendants to each respon- dent out of the fund.
Mr. H. S. Nicholas (Instructed by Messrs. Hughes, Hughes, and Garvín) appeared for the beneficaries after extinction of the life interest; Mr. David Wilson (instructed by Messrs. Betts and Son, of Goulburn, through their Sydney agents, Messrs. Pigott, Stinson, Macgregor, and Palmer) for the mortgagee of the life interest: and Mr. W. Hutton (in-structed by Mr. Cecil O'Dea) for the trustee of the life interest.

• Newspaper: WILL CASE, 1932 Jul 26, Goulburn District, New South Wales, Australia. ¹ WILL CASE. (1932, July 26). Goulburn Evening Penny Post(NSW : 1881 - 1940), p. 3 Edition: DAILY and EVENING. Retrieved April 17, 2014, from <http://nla.gov.au/nla.news-article99550452>

WILL CASE ,
PRESUMPTION OF DEATH
ORDER MADE
A case concerning the former
Australian Arms Hotel was heard
in Equity before the Chief-Judge,
Mr. Justice Harvey.
In the matter of the trusts of the
will of William Arthur Evans, late of
Goulburn, pawnbroker, who died in
1890, application was made on behalf
of Anne Saxton, Arthur Evans, Bal-
gowan, Veronica Mary Barry, and
Charlotte Ida Balgowan that the Court
should assume the death of William
Arthur Evans, junior, and order that
certain land at Goulburn be vested in
the applicants for an estate in fee
simple as tenants in common. On the
land at Goulburn had, been erected a
hotel known as the Australian Arms
Hotel, Clinton Street, which, in Oc-
tober, 1924, was de-licensed. William
Arthur Evans, junior, the life tenant,
who was born in 1859, executed in
1896 a mortgage over the hotel, this
passhig to an assignee who later
died. Prolonged litigation followed,
and in September last an order was
made directing payment of certain
compensation money to the present
applicants subject to decision on the
question of whether the life tenant
was dead. William Arthur Evans
Junior, who, if living, would be 73
years of age, disappeared many years
ago. Search had been made for him
without success.
An affidavit by Catherine Hobbs, of
Vaucluse, stated that the deponent did
not know the missing man, but that,
while in company with Berenice
Oates, in Cowper Street, Bondi Junc-
tion, in 1929 or 1930, she saw a man
whom Berenice Gates (his sister-in
law) said was her brother-in-law.
When spoken to, he said that his name
was Evans, but that his Christian
name was Philip. An affidavit by Mrs.
Oats said that she positively identi-
fied her brother-in-law.
Having heard further evidence, his
Honour said that he thloughlt he ought
to presume that Evans was dead.
The evidence was strongly against
the idea that it was him who was seen
at Bondi Junction.
An order was made vesting the land
in the applicants (beneficaries under
the will), costs as of submitting de-
fendants to each respondent out of the
fund.
Mr. H. S. Nicholas (instructed by
Messrs. Hughes, Hughes, and Garvin).
appeared for the beneficiaries after, ex-
tionction of the life interest; Mr. David
Wilson (instructed by Messrs. Betts
and Son, of Goulburn through their
Sydney agents, Messrs. Pigott, Stin-
son, Macgregor, and Palmer) for the
mortgagee of the life interest; : and
Mr. W. Hutton (instructed by Mr.
Cecil O'Dea) for the trustee of the.
life interest.