Before the Chief Judge In Equity (Mr. Justice A. H. Simpson), a suit was concluded in which the plaintiffs were Arthur du Moulin Conolly, Grace Beryl Conolly, Russell du Moulin Conolly, Linda Conolly, Edward Druitt Conolly, and Emily Sylvia Conolly; and the defendants, Russell Edward Conolly, Emily Grace Conolly, Walter William Conolly, Anthony William Elderton Weaver, and George Martin Richardson.
Mr. Hanbury Davies and Mr. Gordon (instructed by Mr. F. A. Davenport) appeared for the plain tiffs; Mr. Langer Owen and Mr. S. A. Thompson (instructed by Cope and Co., agents for Johnson and Sendall, of Goulburn) for the defendant R. E. Conolly, and Mr. Bethune for the other defendants.
The suit was brought to establish the alleged trust in favor of the wife and children of W. H.Conolly, the brother of the defendant, R. E. Conolly, in connection with the purchase by R. E. Conolly of W. H. Conolly's share in a milling business at Goulburn, under his father's will.
The plaintiffs alleged that, W. H. Conolly being in difficulties, after some discussion among the members of the family, it was arranged that W. H. Conolly's share under the will should be purchased from the Colonial Finance Company, to whom it was then under mortgage, with a view of securing it for his wife and children.
Defendants denied that there had been any trust arrangement, and alleged that the share of his brother had been purchased by R. E. Conolly for himself, and without any trust.
It appeared that a suit had been heard in connection with this matter in 1897, when the children of W. H. Conolly were all infants, in order to establish a trust, and it had been settled by R. E. Conolly executing a transfer of the share to the defendants, Messrs. Weaver and Richard son, in trust for the wife and children of W. H. Conolly. they mortgaging it back to R. E. Conolly for the sum of £1400, alleged to be due in connection therewith. It was sought also in the present suit to set aside this settlement, and everything done under it, and to declare the trust as stated.
His Honor declared that the compromise arrived at in the 1897 suit was void, as against the infant children of W. H. Conolly; secondly, that the defendant, R. E. Conolly, took the share and policy as trustee for Mrs. W. H. Conolly and her children, but subject to a charge for moneys advanced by him for the purchase, interest and maintenance of Mrs. W. H. Conolly and her children.
Sources
↑NSW BDM Index 7104/1876 CONOLLY ARTHUR DU MOULIN (parents) WILLIAM H & JANE T A (ARMIDALE)
↑NSW BDM Index 2131/1899 CONOLLY ARTHUR DU M married PILE EDITH M (WOOLLAHRA)
↑NSW BDM Index 27809/1959 CONNOLLY ARTHUR DU-MOULIN (parents) GEORGE & JANE (CAMPBELLTOWN)
See also
BirthNSW BDM Index 7104/1876 CONOLLY ARTHUR DU MOULIN (parents) WILLIAM H & JANE T A (ARMIDALE)
MarriageNSW BDM Index 2131/1899 CONOLLY ARTHUR DU M married PILE EDITH M (WOOLLAHRA)
DeathNSW BDM Index 27809/1959 CONNOLLY ARTHUR DU-MOULIN (parents) GEORGE & JANE (CAMPBELLTOWN)
Death NoticeRyerson Index CONOLLY Arthur De Moulin age 82, died 24 June 1959 at Campbelltown; Death Notice Sydney Morning Herald 26 June 1959
This is his son. CONOLLY ARTHUR DE MOULIN : Service Number - NX27574 : Date of birth - 05 Apr 1915 : Place of birth - TAREE NSW : Place of enlistment - PADDINGTON NSW : Next of Kin - CONOLLY CONSTANCE
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