Wilfred Watson Balgowan [5942] ¹

   FamilySearch ID: LJ2W-1YW.

  Death Notes:

Prostate Cancer

  Noted events in his life were:

• Registration: Birth, 1897, Crookwell District, New South Wales. ² 21184/1897
BALGOWAN, WILFRED W
THOMAS
JEMIMA
CROOKWELL

• Occupation: Printer for over 50 years.

• Religion: Presbyterian.

• Newspaper: Court, 1935 Aug 14, Sydney District, New South Wales, Australia. ³ IN EQUITY. (1935, August 14). The Sydney Morning Herald (NSW : 1842 - 1954), p. 9. Retrieved December 2, 2011, from <http://nla.gov.au/nla.news-article17177346>
IN EQUITY.
(Before the Chief Judge, Mr. Justice Long Innes.)
GIFTS TO CHURCHES.
Argument was concluded in the matter of the questions raised as to the validity of cer-tain gifts made to the Anglican, Presbyter-ian, and Methodist churches at Goulburn, in the will of the late Mrs. Isabella Price. Briefly, the point for determination was whether valid gifts had been made by the testatrix or whether the gifts failed for uncertainly.
His Honor asked for reasons which would justify separate costs to the defendant Churches, in the event of a certain finding. Why had there been separate representa-tion?
Mr. Russell, K.C., was addressing himself to this matter, but Mr. Weston, K.C., interposed to say that in the event of the next of kin succeeding no objection would be raised to separate taxed costs.
His Honor reserved judgment.
Mr. Wilfred Sheppard (Instructed by Messrs. Meyer and Manfred, of Goulburn, through their city agents, Messrs. Garland, Seaborn, and Abbott) appeared for the plaintiff execu-tor; Mr. Russell, K C, and Mr. J. R. Hooton (instructed by Messrs. Johnson and Bendall, of Goulburn, through their city agents, Messrs. David L. Aitken and Barron) for the Church of England Property Trust, diocese of Goul- burn: Mr. J. A. Ferguson (Instructed by Messrs. Vlndln and Littlejohn) for the Presby- terian Church of Australia in New South Wales; Mr. F W. Kitto and Mr. J. M. Ham- mond (instructed by Messrs. Tress, Cocks, and Maddox) for the Rev. M. K. Gilmour, presi- dent of the Methodist Conference of New South Wales, the Rev. Wm. Green, superin- tendent of the Methodist Conference of New South Wales, and Mr. C. W. Furner, a trustee of the Methodist Church, and Mr. Weston, K.C., and Mr. A. C. Gain (Instructed by Messrs. Dawson, Waldron, Edwards, and Nicholls, for Wilfred Watson Balgowan, next, of kin.

• Newspaper: Court, 1935 Aug 14, Sydney District, New South Wales, Australia. ³ IN EQUITY. (1935, August 14). The Sydney Morning Herald (NSW : 1842 - 1954), p. 9. Retrieved December 2, 2011, from <http://nla.gov.au/nla.news-article17177346>
IN EQUITY.
(Before the Chief Judge, Mr. Justice Long Innes.)
GIFTS TO CHURCHES.
Argument was concluded in the matter of the questions raised as to the validity of cer-tain gifts made to the Anglican, Presbyter-ian, and Methodist churches at Goulburn, in the will of the late Mrs. Isabella Price. Briefly, the point for determination was whether valid gifts had been made by the testatrix or whether the gifts failed for uncertainly.
His Honor asked for reasons which would justify separate costs to the defendant Churches, in the event of a certain finding. Why had there been separate representa-tion?
Mr. Russell, K.C., was addressing himself to this matter, but Mr. Weston, K.C., interposed to say that in the event of the next of kin succeeding no objection would be raised to separate taxed costs.
His Honor reserved judgment.
Mr. Wilfred Sheppard (Instructed by Messrs. Meyer and Manfred, of Goulburn, through their city agents, Messrs. Garland, Seaborn, and Abbott) appeared for the plaintiff execu-tor; Mr. Russell, K C, and Mr. J. R. Hooton (instructed by Messrs. Johnson and Bendall, of Goulburn, through their city agents, Messrs. David L. Aitken and Barron) for the Church of England Property Trust, diocese of Goul- burn: Mr. J. A. Ferguson (Instructed by Messrs. Vlndln and Littlejohn) for the Presby- terian Church of Australia in New South Wales; Mr. F W. Kitto and Mr. J. M. Ham- mond (instructed by Messrs. Tress, Cocks, and Maddox) for the Rev. M. K. Gilmour, presi- dent of the Methodist Conference of New South Wales, the Rev. Wm. Green, superin- tendent of the Methodist Conference of New South Wales, and Mr. C. W. Furner, a trustee of the Methodist Church, and Mr. Weston, K.C., and Mr. A. C. Gain (Instructed by Messrs. Dawson, Waldron, Edwards, and Nicholls, for Wilfred Watson Balgowan, next, of kin.

• Court, 1935-1937, New South Wales, Australia. ⁴ Title
BALGOWAN Wilfred Watson versus PRICE Henry; The Church of England Property Trust Diocese of Goulburn; The Trustees of the Presbyterian Church of Australia in the State of New South Wales; The Reverend GILMOUR Mathew Kerr; The Reverend GREEN William; FURNER Charles William; The Attorney General for the State of New South Wales [on appeal from the New South Wales Supreme Court]
Contents date range
1935 - 1937
Series number A10071 1935/74
Item barcode 8353849

• Newspaper: PRICE WILL CASE, 1935 Sep 25, Goulburn District, New South Wales, Australia. ⁵ PRICE WILL CASE. (1935, September 25). Goulburn Evening Penny Post (NSW : 1881 - 1940), p. 1 Edition: DAILY. Retrieved May 12, 2014, from <http://nla.gov.au/nla.news-article103383910>

PRICE WILL CASE
NOTICE OF APPEAL
BEFORE THE HIGH COURT
(From Our Special Representative.)
SYDNEY, Wednesday: The
courts have not heard the last of
the Goulburn Churches. Case and
a legal battle to decide whether
the churches shall get the money,
left to them by the late Mrs.
Isabella Price, of Bevandale,
near Goulburn, will be fought
shortly in the High Court of
Australia.
The case was heard at length be-
fore the Chief Judge in Equity, Mr.
Justice Long Innes, a few weeks ago
when Henry Price was the plaintiff,
and the Judge, gave his verdict in
favour of the churches, holding that
the bequests made by Mrs Price
were charitable and valid.
Notice of appeal has now been
filed on behalf of Wilfred Watson
Balgowan next of kin in the original
hearing, and Henry Price, the execu-
tor of the will, formerly the plaintiff
and the Church of England Property
Trust, Diocese of Goulburn, the
Trustees of the Presbyterian Church
of Australia in the State of N.S.W.
the Rev. Matthew Kerr Gilmour, the
Rev. William Green, Charles William
Furner, and the Attorney-General
for New South Wales have been
named as defendants.
The appeal to the High Court is
from the whole of the decretal order
made by Mr. Justice Long Innes and
the filed notice of appeal claims that
the Judge was in error in his findings
and directions.
There are five grounds of appeal
They are:-
(1): That His Honour: the Chief
Judge in Equity was in error in
declaring that the gift in the will to the
Church of England at Goulburn a
valid gift and that payment thereof
ought to be made to the Church of
England Property Trust, Diocese of
Goulburn.
(2): That His Honour was in error
In declaring that the gift in the will
to the Methodist Church at Goulburn
is a, valid gift, and that payment
ought to be made to the President,
for the time being, of the New South
Wales Conference of the Methodist
Church of Australia.
(3): That His Honour was in error
in holding that it should be referred
to the Master in Equity to settle a
scheme for the application of the
gift to the Methodist Church at
Goulburn.
(4): That His Honour, was in error
in declaring that the gift to the
Presbyterian Church of Goulburn is
a valid one and that payment should
be made to the trustees of the Pres-
byterian Church of Australia.
(5): That His Honour was in error
in holding that the testatrix did not
die intestate as to any portion of her
real and personal estate.
The pleas were drawn by Mr. A.
C. Gain, counsel for the appellant.
and the notice of appeals was filed
by Messrs. Dawson, Waldron; Ed-
wards, and Nicholls, solicitors, of,
Sydney.

• Registration: Death, 1970, Bathurst District, New South Wales, Australia. ⁶ 16697/1970
BALGOWAN, WILFRED WATSON
THOMAS
JEMINA
BATHURST

• Death Notice, 1970 Jan 26, Sydney District, New South Wales, Australia. ⁷ BALGOWAN
Wilfred Watson
Death notice
24JAN1970
Death
72
late of Bathurst
Sydney Morning Herald
26JAN1970

• Newspaper: Court, 1935 Dec 19, Sydney District, New South Wales, Australia. ⁸ LAW REPORT. (1935, December 19). The Sydney Morning Herald (NSW : 1842 - 1954), p. 6. Retrieved December 2, 2011, from <http://nla.gov.au/nla.news-article17231852>
GIFTS TO CHURCHES.
Balgowan v Price and others.
Thiss was an appeal from a decision of Mr. Justice Long Innes, Chief Judge in Equity (New South Wales), in the matter of the in- terpretation of the will of the late Isabella Price, whereby the whole of her residuary estate was given to the Church of England, the Methodist Church, and the Presbyterian
Church at Goulburn.
After the appellant next-of-kin. Wilfred Watson Balgowan, had launched his appeal, claiming that the Judge was in error in de-claring that the gifts to the respective Churches were valid, the representatives of the three Churches gave notice of cross-appeal on the question of costs only, contending that the decision of the Judge on the subject of costs was wrong in law, and that the defen-dants were entitled to their costs out of the estate. To avoid further litigation, the parties conferred and arrived at a settlement.
Mr. Gain, on behalf of the appellant, an-nounced the terms of settlement to the Court. The settlement represented a compromise, which, he said, had the approval of the At-torney-General. It was agreed that the Judge's order as to costs should be varied in the fol-lowing respects: (1) Costs of all parties to the suit, including a separate set of costs for each of the defendant Churches-such costs as between solicitor and client-to be taxed and paid out of the estate, the costs of the submitting defendant, the Attorney General, being assessed at £2/2/. (2) Costs of the parties concerned in the reference to the Master in Equity to settle a scheme in con-nection with the legacy bequeathed to the Methodist Church to be included in the costs payable under term (1). (3) Costs of all parties incidental to the appeal to the High Court to be treated in manner similar to that outlined in term (1). (4) Balance of the estate of the testatrix to be divided into four equal parts, one part to be paid to each of the following parties: The Church of England Property Trust, Diocese of Goulburn, the trustees of the Presbyterian Church of Aus-tralia in New South Wales, the president for the time being of the New South Wales con-ference of the Methodist Church of Australia, and the defendant Wilfred Watson Balgowan. The Court approved the terms of settlement and made an order accordingly.
Mr. A. C. Gain (instructed by Messrs. Daw-son, Waldron, Edwards, and Nicholls) ap-peared for the defendant appellant; Mr. Wil-fred Sheppard (instructed by Messrs. Gar- land, Seaborn, and Abbott, town agents for Messrs. Meyer and Manfred, of Goulburn) for Henry Price, plaintiff respondent; and Mr. Hooton (instructed by Messrs. Tress, Cocks, and Maddox) for the respondent Churches.

• Newspaper: Court, 1935 Dec 19, Sydney District, New South Wales, Australia. ⁸ LAW REPORT. (1935, December 19). The Sydney Morning Herald (NSW : 1842 - 1954), p. 6. Retrieved December 2, 2011, from <http://nla.gov.au/nla.news-article17231852>
GIFTS TO CHURCHES.
Balgowan v Price and others.
Thiss was an appeal from a decision of Mr. Justice Long Innes, Chief Judge in Equity (New South Wales), in the matter of the in- terpretation of the will of the late Isabella Price, whereby the whole of her residuary estate was given to the Church of England, the Methodist Church, and the Presbyterian
Church at Goulburn.
After the appellant next-of-kin. Wilfred Watson Balgowan, had launched his appeal, claiming that the Judge was in error in de-claring that the gifts to the respective Churches were valid, the representatives of the three Churches gave notice of cross-appeal on the question of costs only, contending that the decision of the Judge on the subject of costs was wrong in law, and that the defen-dants were entitled to their costs out of the estate. To avoid further litigation, the parties conferred and arrived at a settlement.
Mr. Gain, on behalf of the appellant, an-nounced the terms of settlement to the Court. The settlement represented a compromise, which, he said, had the approval of the At-torney-General. It was agreed that the Judge's order as to costs should be varied in the fol-lowing respects: (1) Costs of all parties to the suit, including a separate set of costs for each of the defendant Churches-such costs as between solicitor and client-to be taxed and paid out of the estate, the costs of the submitting defendant, the Attorney General, being assessed at £2/2/. (2) Costs of the parties concerned in the reference to the Master in Equity to settle a scheme in con-nection with the legacy bequeathed to the Methodist Church to be included in the costs payable under term (1). (3) Costs of all parties incidental to the appeal to the High Court to be treated in manner similar to that outlined in term (1). (4) Balance of the estate of the testatrix to be divided into four equal parts, one part to be paid to each of the following parties: The Church of England Property Trust, Diocese of Goulburn, the trustees of the Presbyterian Church of Aus-tralia in New South Wales, the president for the time being of the New South Wales con-ference of the Methodist Church of Australia, and the defendant Wilfred Watson Balgowan. The Court approved the terms of settlement and made an order accordingly.
Mr. A. C. Gain (instructed by Messrs. Daw-son, Waldron, Edwards, and Nicholls) ap-peared for the defendant appellant; Mr. Wil-fred Sheppard (instructed by Messrs. Gar- land, Seaborn, and Abbott, town agents for Messrs. Meyer and Manfred, of Goulburn) for Henry Price, plaintiff respondent; and Mr. Hooton (instructed by Messrs. Tress, Cocks, and Maddox) for the respondent Churches.

Wilfred married Myrtle Baker [5943] [LJ24-M93] [MRIN: 2238], daughter of William Thomas Baker [6053] [L8QT-TX1] and Sarah Jane Cooper [6054] [L8QT-YQ6], on 1917 Jan 21 in Bathurst, Bathurst County, New South Wales, Australia. (Myrtle Baker [5943] [LJ24-M93] was born in 1896 in Tuena District, New South Wales, died on 1944 May 22 in Bathurst, Bathurst County, New South Wales, Australia ⁹ and was buried in Bathurst Cemetery, Bathurst County, New South Wales, Australia.)

  Noted events in their marriage were:

• Registration: Marriage, 1917, Bathurst District, New South Wales, Australia. ¹⁰ 4785/1917
BALGOWAN, WILFRED W
BAKER, MYRTLE
BATHURST

Wilfred next married Betsey Annie Hunter [6042] [LJ2W-116] [MRIN: 2305], daughter of James Hunter [35698] and Susan H. Pearse [35699], on 1947 Jun 21. (Betsey Annie Hunter [6042] [LJ2W-116] was born on 1908 Nov 12 in Portland, Roxburgh County, New South Wales, died on 1983 Aug 7 in <Australia> and was buried in East Toukley, New South Wales, Australia.)

  Noted events in their marriage were:

• Registration: Marriage, 1947, Bathurst District, New South Wales, Australia. ¹¹ 14579/1947
BALGOWAN, WILFRED WATSON
HUNTER, BETSY ANNIE
BATHURST