Faith was born in Bathurst on 05/06/1879.
She married in Bathurst in 1928, age 49, to Walter John McPhillamy. Walter was born in Bathurst on 20/04/1860. He was 68 when they married.
They had no children.
Walter died suddenly on 28/06/1938 in Bathurst.
Faith died in Bathurst on 08/11/1960.
Article in the Sydney Morning Herald 26/11/1938
(Before Mr. Justice Nicholas.) LATE Mr. CHARLES McPHILLAMY’S WILL.
Share of the last member of family to survive.
Mr Walter John McPhillamy who died in June last was the last surviving member of the family of Mr Charles McPhillamy, of Orton Park near Bathurst whose will had frequently been before the Courts, and was now the subject of further consideration. Mr Charles McPhillamy, who died in 1906, left a very large estate, which except for a small proportion of liquid assets, still awaits distribution. At present the beneficial in- terests are divisable among some 80 or 90 persons, most of whom are grandchildren.
Mr Charles McPhillamv lived to an advanced age. He had 10 children. Two of his sons died bachelors and one daughter a spinster. Of the seven who married, all had issue ex- cept Mr Walter John McPhillamy, who was survived by his widow. Twenty-five grand- children were born during Mr Charles McPhlllamy’s lifetime.
By his Will Mr McPhillamv directed his trustees to divide the income of his residuary estate amongst his children and made pro- vision for various contingencies which might arise on their deaths. The testator declared that if any child of his should die without leaving lawful issue or widow or in the case of a daughter a surviving husband, such child’s share should be divided among the survivors upon the same trusts and condi- tions. In 1929, the Privv Council decided that the word “survivors” ment those mem bers of the family of 10 who were living when a child whose share was given over died. There was a further provision in the will as to income to be paid to a surviving widow or widower. The corpus was declared to be ultimately divisible amongst grandchildren. There being however subsequent proviso that any grandchild born in the testators lifetime should take only a life interest with remain der to his or her issue.
The questions now before the Court were as to the destination of the original tenth share to the income of which Mr Walter John McPhillamy was entitled – whether, subject to the interest of the widow it passed (a) to the next of kin (b) to Mr Walter John McPhil lamy’s legal personal representatives; or (c) as accruer in equal shares to the other shares into which the residuary estate was divisible. There was a similar question as to such por- tions of the residuary estate as had accrued to this original tenth.
His Honor found that the testator died in- testate as to both the original and accrued shares, and answered the summons accordingly.
Mr. David Wilson (instructed by Messrs. Fisher and Macansh) appeared for the Perma- nent Trustee Co., Mr. A. McPhillamy, and Mr. N. G. Pilcher, the present trustees of the will; Mr. Mason, K.C., and Mr. J. Beresford Grant (instructed by Messrs. McPhillamy, Palmer, and Stevenson, of Bathurst, through their Sydney agents, Messrs. Iceton, Faithful and Baldock) for the widow of Mr Walter McPhillamy, Mr Bonney, K C., and Mr. F. C. Stephen (instructed by Messrs. Fisher and Macansh) for Mr. Feil Meredeth McPhillamy, representing the next of kin of testator; and Mr. N. H. Bowen (instructed by Messrs. Sly and Russell) for Mr. John Adams, represent- ing all persons interested in the residuary estate.