Sarah E. M. Bayly [1353] ¹

  Noted events in her life were:

• Registration: Birth, 1849, New South Wales. ² V18491981 34A/1849
BAYLEY, SARAH E M
NICHOLAS P
SARAH A

• Court Notice: CADELL V. BAYLY AND OTHERS, 1884 May 21. ³ LAW REPORT. (1884, May 21). The Sydney Morning Herald (NSW : 1842 - 1954), p. 5. Retrieved October 21, 2011, from <http://nla.gov.au/nla.news-article28369504>

SUPREME COURT.-TUESDAY, MAY 20
In Banco.-(Before their Honors the CHIEF JUSTICE, Mr. Justice FAUCETT, and Mr. Justice INNES.)
CADELL V. BAYLY AND OTHERS
This was an appeal on behalf of Surah Cadell and Ade-laide Mary Louise Bayly against the decision of the Pri-mary Judge on the 17th April last, which declared that Alfred Bayly took absolutely the whole of the share under the testator's will to which the deceased Nioholas Paget Bayly was entitled for life, for the following amongst other grounds :-That the clause in the will "if either my sons should depart this life without issue their portions shall revert to the other." would only take effect if the Havilah Estate were not sold before the said Nicholas Paget Bayly attained the age of 23 years, and that upon the death of the said Nicholas Paget Bayly his share passed to the sisters wholly or in part as his heirs-at-law or next of kin. Mr. Gordon, Q.C., and Mr. Lingon appeared for the appellants ; Mr. Owen, Q.C., and Dr. Donovan for Alfred Bayly; Mr. A. H. Simpson for Sarah Amelia Bayly, widow of the testator ; Mr. Gregory Walker for Mr. and Mrs. Newbatt ; Dr. Sly for the plaintiffs, and Mr. Cullen for Mr. and Mrs. Skinner. A suit was instituted some time ago for the purpose of con-struing the will of the late Nicholas Paget Bayly, the elder. There were several bequests and devises taking the form of giving an estate for life, and afterwards directing that the principal of the invested money should go to the heirs of the children, and the question arose as to what estate the children took in these different investments. It was then determined that they took an estate for life, leaving the question undetermined as to what was the meaning of the limitation afterwards to their heir. "The present suit was instituted for the purpose of dealing with that question primarily, but the question arose whether the clauses of the will already quoted did not in fact invest the share of NicholasPadget Bayly the younger in Alfred Bayly. The Primary Judge determined that the interest did pass to Alfred Bayly. The Full Court was now asked to express an opinion upon this decision.
After hearing argument,
The CHIEF JUSTICE said it was contended, from tho position in which the clause referred to in tho appeal ap-peared in the will, and from the subsequent limitations with reference to the proceeds of the Havilah Estate, that it was manifestly the intention of the testator not to apply that portion of the clause to a condition of things that might arise under the subsequent portions of the will. He had looked through the will and considered it carefully during the progress of the argument, and he failed to see anything which limited the general application of the clause. lt did not matter in what portion of the will any particular stipulation might be. They could transpose sen-tences, and put them in a position different from that in in which they were put by the testator, for the purpose of interpreting it, and ascertaining what the intention was. And in reference to a clause of this kind, if they saw plainly that the intention of the testa-tor was on the death of one of his sons, to transfer the in-terest to the survivor, he saw no reason why they should apply that clause in the will to any portion of the estate more than another, and limit its general application. The words plainly indicated, and he saw no reason why they should not read them in their plain obvious sense, that if either of the sons should die without issue them the benefit conferred upon him should revert to the other, and it did not matter in what, part of the will it was so declared. To warrant any other interpretation than that it would be necessary to vary the words in the will, and, in other words, make a new will for the testator. He saw nothing to warrant the interpretation contended for on behalf of the sitters, and being of that opinion, he thought the Primary Judge was right, and the appeal ought to be dismissed.
Mr. Justice FAUUETT said that although the matter was surrounded by some difficulty still on the whole the con-clusion they must arrive at was tolerably clear. There was no doubt that the testator had two kinds of disposition of his property in view when making his will, and had them in view at the time he drew out the particular clause in question. It was evident that in the former portion of the will the testator was contemplating that which he referred to in the latter portion, namely, the sale of Havilah, and that portion of the will was simply an expansion of the earlier part. It was evident that he had in view the double object of disposing of his property as real estate if it should not be sold, and also at the same time disposing of the proceeds if it should be sold as he directed. They must, therefore, consider this clause as if the testator intended to apply it to the whole will, and that being so, he was of opinion that the Primary Judge was right.
Mr. Justice INNES said that on the whole, though, not without some doubt, he concurred in the judgment at which their Honors had arrived, that the decree of the Primary Judge was the correct one.
Appeal dismissed

• Registration: Death, 1898, Marrickville District, New South Wales. ⁴

• Death Notice, 1898 Jan 29. ⁵ CADELL
Sara
Death notice
26JAN----
Death

late of Marrickville
Sydney Morning Herald
29JAN1898

• Death Notice, 1898 Jan 29. ⁶ Family Notices. (1898, January 29). The Sydney Morning Herald (NSW : 1842 - 1954), p. 1. Retrieved October 21, 2011, from <http://nla.gov.au/nla.news-article14146454>
CADELL -January 26, at her residence, Marrickville, Sara, the dearly loved second daughter of the late N. P. Bayly, of Havilah (Mudgee).

• Death Notice, 1898 Jan 31. ⁵ CADELL
Sara
Death notice
26JAN----
Death

late of Marrickville
Sydney Morning Herald
31JAN1898

• Death Notice, 1898 Jan 31. ⁷ Family Notices. (1898, January 31). The Sydney Morning Herald (NSW : 1842 - 1954), p. 1. Retrieved October 21, 2011, from <http://nla.gov.au/nla.news-article14151561>

CADELL.-Janunary 26, at her residence. Marrickville, Sara, the dearly loved second daughter of the late N. P. Bayly, of Havilah (Mudgee).

Sarah married George Gipps Deas-Thomson [1354] [MRIN: 319], son of Hon. Sir Edward Deas-Thomson C.B., K.C.M.G. [1365] and Anne Maria Bourke [1366], on 1872 Jun 12 in Mudgee, Wellington County, New South Wales.¹ (George Gipps Deas-Thomson [1354] was born on 1845 Nov 20 in Barham, Wakool County, New South Wales ¹ and died on 1877 Mar 26 in Marrickville, Cumberland County, New South Wales ¹.)

  Noted events in their marriage were:

• Registration: Marriage, 1872, Mudgee District, New South Wales. ⁸

• Marriage Notice, 1872 Jun 15. ⁹ Family Notices. (1872, June 15). The Sydney Morning Herald (NSW : 1842 - 1954), p. 1. Retrieved October 21, 2011, from <http://nla.gov.au/nla.news-article13259148>

On the 12th instant, at St. John's Church, Mudgee, by the Rev. Canon Gunther, assisted by the Rev. William Bardsley, GEORGE GIPPS, youngest son of the Hon. EDWARD DEAS THOMSON, C.B., to SARAH, second daughter of NICHOLAS PAGET BAYLY, Esq., of Havilah, near Mudgee.

  Marriage Notes:

Mudgee, St John The Baptist.

Sarah next married William Bowman Cadell [1357] [MRIN: 320], son of Captain Thomas Cadell [1363] and Anne Catherine Bowman [1364], on 1879 Jan 23 in Mudgee, Wellington County, New South Wales.¹ (William Bowman Cadell [1357] was born on 1850 Dec 2 in Windsor, Cumberland County, New South Wales,¹ died on 1900 Feb 14 in Perth, , Western Australia ¹ and was buried on 1900 Feb 23 in Karrakatta, Western Australia, Australia.)

  Noted events in their marriage were:

• Registration: Marriage, 1879, Mudgee District, New South Wales. ¹⁰

• Marriage Notice, 1879 Feb 18. ¹¹ Family Notices. (1879, February 18). The Sydney Morning Herald (NSW : 1842 - 1954), p. 8. Retrieved October 21, 2011, from <http://nla.gov.au/nla.news-article13429516>

CADELL-DEAS-THOMSON-Jan. 23, at St. John's Church, Mudgee. William Bowman Cadell to Sarah Bayley.

  Marriage Notes:

Mudgee, St John The Baptist.