John Stevenson Ellis (1915 - 1943)

Born 2 Jan 1915 in Mosman, New South Wales, Australia

Husband of Gladys Ivy (Priest) Carnegie — married 18 Mar 1939 in Sydney, New South Wales, Australia

Died 20 Jul 1943 at age 28 in At sea

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Biography

This profile is part of the Ellis Name Study.

John Stevenson Ellis was born on 2 January 1915. He was the son of Winthrop George Clyde Ellis and Gertrude Martha Ellis.

John Stevenson Ellis married Gladys Ivy Priest on 18 March 1939 in Sydney.

This couple had two children.

The 1943 electoral roll recorded John and Gladys living at 6A Lower Ellalong Road, Cremorne, Sydney. John was a naval engineer officer.

John had joined the Royal Australian Navy [WWII] and was killed aboard H.M.A.S. Hobart, when she was torpedoed by a Japanese submarine, on 20 July 1943. He was aged 28.

From the Commonwealth War Graves Commission memorial - In Memory of Lieutenant (E) JOHN STEVENSON ELLIS H.M.A.S. Hobart, Royal Australian Navy who died age 28 on 20 July 1943 Son of Winthrop George Clyde Ellis and Gertrude Martha Ellis; husband of Gladys Ivy Ellis, of Kensington, New South Wales, Australia. B. Eng. (Sydney). Remembered with honour PLYMOUTH NAVAL MEMORIAL

Information on his Service Record can be seen here - http://www.ww2roll.gov.au/Veteran.aspx?serviceId=N&veteranId=1189659

And an account of the torpedoing of HMAS Hobart can be read here - https://www.navyhistory.org.au/the-torpedoing-of-hmas-hobart-1942/

And an interesting article regarding a painting of John published in the Australian Carillon News can be seen here [Page 4] - http://www.carillon.org.au/publications/newsletter/201210.pdf

John's will read as follows -

THIS IS THE LAST WILL AND TESTAMENT of me JOHN STEVENSON ELLIS of Cremorne in the State of New South Wales Engineer.

1. I REVOKE all former Wills and Testamentary disposition by me made AND DECLARE this to be my last Will and Testament.

2. I APPOINT my wife GLADYS IVY ELLIS of Cremorne aforesaid and WILLIAM JOHN SOUTHEY WILSON of Sydney solicitor (hereinafter called "my Trustees") Executrix, Executor and Trustees of this my Will.

3. WHEREAS I am advised that upon the true construction of each of the Indentures of Settlement hereinafter referred to it may be found that my brother NORMAN ALFRID SMALL is not entitled to share in his own right as a cestui que trust after the termination of the estates for life by the said Indentures created in the corpus of the funds comprised in Indenture of Settlement dated the third day of April one thousand nine hundred and fourteen made between MARTHA ANN PEARCE of the first part GERTRUDE MARTHA STARKEY PEARCE of the second part AND WILFRED HENRY STARKEY PEARCE and ROBERT GEORGE PRIDDLE of the third part and/or in Indenture of Settlement dated the twenty first day of February one thousand nine hundred and fourteen made between GERTRUDE MARTHA STARKEY PEARCE of the first part WINTHROPP GEORGE CLYDE ELLIS of the second part AND ALFRED ERNEST STARKEY and ROBERT GEORGE PRIDDLE of the third part AND WHEREAS it is the desire of myself and my brother RICHARD JAMES ELLIS that our said brother Norman Alfrid Small should share equally with us in the said funds and in order to assure the equal division of the said funds in the event of my death prior to the distribution thereof in terms of the trusts in the said Indentures respectively declared I GIVE DEVISE AND BEQUEATH to my brother the said Norman Alfrid Small (subject to the deduction therefrom hereinafter mentioned) one third part of all my share and interest in the corpus of such of the said funds as may be comprised in such of the said Indentures of Settlement as shall upon its true construction exclude my said brother Norman Alfrid Small from participating in his own right as a cestui que trust as aforesaid TOGETHER with one third part of my share of the nett income derived from the said funds and the investments representing in the same pending the distribution and/or transfer thereof by the Trustees possessed of the same AND I DIRECT my Trustees to deduct from the benefit hereby given to my said brother or otherwise recoup my estate such portion of State Probate and Federal Estate Duties payable or paid on my estate as they having regard to the benefit likely to be taken by my said brother under this Clause and its relation to my residuary estate in their absolute discretion deem fit PROVIDED ALWAYS that if my said brother shall predecease me leaving issue me surviving and who shall attain the age of twenty one years then such issue shall take and if more than one equally between them as tenants in common the share in the said funds and income therefrom which my said brother would have taken had he survived me PROVIDED FURTHER that if my said brother shall predecease me without leaving issue me surviving who shall attain the age of twenty one years then the share of the said funds and income therefrom hereinbefore given devised and bequeathed to my said brother shall fall into and be deemed part of my residuary estate and shall be held by my Trustees upon the Trusts hereinafter declared concerning my residuary estate.

4. I GIVE DEVISE AND BEQUEATH the rest and residue of my estate of whatsoever kind and wheresoever situate to may Trustees UPON TRUST to pay thereout all may just debts funeral and testamentary expenses and all State Probate and Federal Estate Duties and as to the balance then remaining in their hands and also so much of such duties as shall be deducted from the bequest hereinbefore given to my brother Norman Alfrid Small or otherwise recouped to my estate (which said balance and portion of duties is in this my will referred to as "my residuary Estate') UPON TRUST for my said wife absolutely if she shall survive me but if she shall predecease me THEN UPON TRUST for such of my children as shall being males attain the age of twenty one years or being females attain that age or marry under that age and if more than one equally between them as tenants in common PROVIDED ALWAYS that if any child of mine shall die in my lifetime leaving issue who shall survive me and who being males shall attain the age of twenty one years or being females shall attain that age or marry under that age such issue shall take and if more than one equally between them as tenants in common the share which their his or her parent would have taken of and in my residuary estate if such parent had lived to attain a vested interest.

5. I DECLARE that if any male person entitled in expectancy to a share in my estate shall be under the age of twenty one years or in the case of females shall be under that age and unmarried then and in every such case my Trustees may apply the whole or any part of the income of the expectant share of such minor for or towards his or her maintenance education and benefit and may themselves so apply the same or may pay the same to the parent or guardian of such minor for the purposes aforesaid without seeing to the application thereof and shall accumulate the residue of the income thereof by way of compound interest investing the same and the resulting income to the intent that such accumulation shall be added to the principal share from which the same shall have arisen and follow the destination thereof BUT with power to apply any such accumulations in any subsequent year for or towards that maintenance education or benefit of such minor for the time being presumptively entitled thereto in the same manner as such accumulations might have been applied had they been income arising from the original Trust Fund in the then current year.

6. I AUTHORISE my Trustees to raise any part or parts not exceeding a total sum of ONE THOUSAND FIVE HUHDRED POUNDS (£1,500) of the then expectant or presumptive share of any child of mine in the trust premises and to apply the same for his or her maintenance education advancement or benefit as my Trustees shall think fit.

7. I AUTHORISE my Trustees to raise any part or parts not exceeding in the whole one half of the then expectant or presumptive share of any minor not being a child of mine in the trust premises and to apply the same for his or her maintenance education advancement or benefit as may Trustees shall think fit.

8. I DECLARE that the said William John Southey Wilson shall notwithstanding his acceptance of the office of Trustee or Executor of this my Will and his acting in the execution thereof be entitled to make the same professional charges and to receive the same pecuniary emoluments and remuneration for all business done by him and all attendances time and trouble given or bestowed by him in or about the execution of the Trusts and powers of this my Will or the management and administration of my Trust estate real or personal as if he not being himself a Trustee or Executor or this my Will were employed by the Trustees and executors thereof as their Solicitor and he shall be entitled to retain out of my trust moneys or to be allowed and to receive from his co-Trustees (if any) the full amount of such charges any rule of Equity to the contrary notwithstanding nevertheless without prejudice to the right or competency of the said William John Southey Wilson to exercise the authority control judgment and discretion of a Trustee of this my Will.

IN WITNESS WHEREOF I have hereunto set my hand this 13th day of October one thousand nine hundred and forty two. JOHN S. ELLIS.

SIGNED by the Testator as and for his last Will and Testament in the presence of us both being present at the same time and we at his request in his presence and in the presence each other have hereunto subscribed our names as witnesses: W. COWLEY, Clerk to Wilson Clapin, Solicitors, Sydney and M. BUCHAN, clerk to Wilson & Clapin