Johanna (McNamara) Aspinall (1874 - 1913)

Born 1874 in Queensland, Australia

Wife of George Charles Aspinall — married 1901 in Queensland, Australia

Descendants

Died 5 Jan 1913 at about age 39 in Charters Towers, Queensland, Australia

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Johanna (McNamara) Aspinall was a native of Queensland.
Part of WikiTree's Australia Project

Biography

Johanna McNamara was born in 1874 in Queensland, Australia, to Michael McNamara and Margaret Spellessy^[1] (or Spellisy^[2]).

In 1901, Johanna married George Charles Aspinall in Queensland.^[3]

Johanna and her husband, George, were the parents of:

1. Mary Ann Aspinall aka Myrtle,^[4] born in 1902 in Queensland.^[5]
2. Stella Georgina Mary Aspinal, born in 1904 in Queensland,^[6] married Guiseppe Carmona in 1927 at Brisbane, Queensland.^[7]
3. Agnes Olivia Aspinall, born in 1906 in Queensland.^[8]
4. Vera Maud Aspinall, born in 1907 in Queensland,^[9] married John George Griller, in 1928, at Brisbane;^[10]
5. George Charles Aspinall, died in 1912 in Queensland;^[11]

On 24 May, 1912, Johanna Aspinall was the defendant in a Civil case in the Warwick District Court before his Honor Sir Arthur Rutledge K.C. for a claim for £43/8/6, balance due for goods sold by De Conlays Ltd (previously Jas De Conlay & Sons), subsequent to January 1911. Mr. Noel for the Defence said, "that a married women living with her husband was regarded as his agent, and therefore not herself personally liable for household necessaries, such as were ordered from and delivered by the plaintiffs." Mr. Dickson for the Plaintiff replied, "that under the Married Woman's Property Act a woman was responsible for all debts contracted by herself. The relations of the parties really constituted a contract, for the goods were ordered in defendant's own name and payments had been made by her own promissory notes. The defendant was possessed of separate estate, and under the present circumstances she was liable for the amount demanded, irrespective of the law as to the supply of necessaries. Under the old law she was impliedly the agent of her husband in regard to necessaries, but the new law placed her in the position of her husband or any other person who contracted for the supply of goods." The De Conlays believed that as Johanna was possessed of a separate estate from her husband, G. C. Aspinall, and was the "substantial party", she was liable and informed her that they were changing the account into her name. Johanna had to pay £25 out of the £43/8/6 owing and the De Conlays had to pay court costs of £10/10/.^[12]

Johanna Aspinall died^[2] on 5 January 1913,^[4] in Charters Towers, Queensland.^[13] A Catholic aged 34, Johanna was buried the same day in the Lynd Highway Cemetery, Charters Towers, with Father Jones officiating.^[14]

A notice of the granting of an Application for Administration of Johanna's will was in The Brisbane Courier and in the Warwick Examiner and Times on 9 August, 1913.^{[13] [15]}

Mr. Fahey (instructed by Messrs. Bergin and Bergin as town agents for Messrs Bergin and Papi, of Warwick) applied on behalf of the Queensland Trustees, Ltd., and Henry William Jones, the executor, for a grant to the former of adminstration of the will of Johanna Aspinall, formerly of Warwick, but late of Charters Towers, wife of George Charles Aspinall, of Warwick. The testatrix died at Charters Towers on January 5 last, and Mr Jones was the executor appointed under her will.

Johanna's estate consisted of "personalty £437". The executor, Henry William Jones, was a Roman Catholic clergyman of Winton. An application was made in September to remove Henry Jones, with his consent, from the Administration of Johanna's will.^[16]

Three "In Memorium" notices for Johanna were inserted in The Northern Miner on 5 January, 1914:^[4]

ASPINALL.—In sad and loving, memory of our dear beloved mother, who departed this life on the 5th of January, 1913.
May her soul rest in peace.
(Inserted by her sorrowful children, Myrtle, Stella, Olive and Vera).

ASPINALL.—In loving memory of my dear sister, Johanna Aspinall, who died on the 5th January, 1913.
Farewell, dear sister, I am gone before.
My love to you can be no more.
Love my dear children and be their friend,
Your time is short, and soon will end. In prime of life I was cut short.
No longer could I stay,
Because it was my Saviour's wish
To call me and my babe away.
(Inserted by her loving sister and nieces, N Nolan and Maggie and May Nolan).

ASPINALL—In sad and loving memory of my dear beloved sister, Johanna, who departed this life on the 5th of January, 1913. May her soul rest in peace.
(Inserted by her loving sister, B. Pearce).

Another notice appeared in The Brisbane Courier regarding finalising Johanna's will on 21 March, 1914.^[17] Again on 17 Mary 1913, a notice regarding Johanna's will was in The Brisbane Courier.^[18] Notice was given on 19 October, 1914, that Johanna was to be omitted from electoral roll for Carnarvon (within the Division of Warwick).^[19]

Sources

1. ↑ QLD BDM Birth Reg#: C1665, 14 March, 2014.
2. ↑ ^{2.0 2.1} QLD BDM Death Reg#: C2240, 14 March, 2014.
3. ↑ QLD BDM Marriage Reg#: C1205, 14 March, 2014.
4. ↑ ^{4.0 4.1 4.2} 1914 'Family Notices.', The Northern Miner (Charters Towers, Qld. : 1874 - 1954), 5 January, p. 4, viewed 14 March, 2014, http://nla.gov.au/nla.news-article79171536.
5. ↑ Queensland Government, Search historical births, Birth Reg#: C6328, https://www.bdm.qld.gov.au/IndexSearch/queryEntry.m?type=births, viewed 12 August 2017.
6. ↑ Queensland Government, Search historical births, Birth Reg#: C6689, https://www.bdm.qld.gov.au/IndexSearch/queryEntry.m?type=births, viewed 12 August 2017.
7. ↑ Queensland Government, Search historical marriages, Marriage Reg#: B453, https://www.bdm.qld.gov.au/IndexSearch/queryEntry.m?type=marriages, viewed 12 August 2017.
8. ↑ Queensland Government, Search historical births, Birth Reg#: C6304, https://www.bdm.qld.gov.au/IndexSearch/queryEntry.m?type=births, viewed 12 August 2017.
9. ↑ Queensland Government, Search historical births, Birth Reg#: C7148, https://www.bdm.qld.gov.au/IndexSearch/queryEntry.m?type=births, viewed 12 August 2017.
10. ↑ Queensland Government, Search historical marriages, Marriage Reg#: B4141, https://www.bdm.qld.gov.au/IndexSearch/queryEntry.m?type=marriages, viewed 12 August 2017.
11. ↑ Queensland Government, Search historical deaths, Death Reg#: C5071, https://www.bdm.qld.gov.au/IndexSearch/queryEntry.m?type=deaths, viewed 12 August 2017.
12. ↑ 1912 'DISTRICT COURT.', Warwick Examiner and Times (Qld. : 1867 - 1919), 25 May, p. 4, viewed 14 March, 2014, http://nla.gov.au/nla.news-article82189718.
13. ↑ ^{13.0 13.1} 1913 'APPLICATION FOR ADMINISTRATION.', The Brisbane Courier (Qld. : 1864 - 1933), 9 August, p. 5, viewed 14 March, 2014, http://nla.gov.au/nla.news-article19897438.
14. ↑ "Charters Towers Region Burial Register", p 11, downloaded from Cemeteries Search, Charters Towers Regional Council, http://www.charterstowers.qld.gov.au/cemeteries-search, viewed 12 August 2017.
15. ↑ 1913 'STATE AND INTERSTATE.', Warwick Examiner and Times (Qld. : 1867 - 1919), 9 August, p. 5, viewed 14 March, 2014, http://nla.gov.au/nla.news-article82184066.
16. ↑ 1913 'PROBATE AND ADMINISTRATION.', The Brisbane Courier (Qld. : 1864 - 1933), 25 September, p. 4, viewed 14 March, 2014, http://nla.gov.au/nla.news-article19905530.
17. ↑ 1914 'Advertising.', The Brisbane Courier (Qld. : 1864 - 1933), 21 March, p. 15, viewed 14 March, 2014, http://nla.gov.au/nla.news-article19957754.
18. ↑ 1913 'Advertising.', The Brisbane Courier (Qld. : 1864 - 1933), 17 May, p. 16, viewed 14 March, 2014, http://nla.gov.au/nla.news-article19888317.
19. ↑ 1914 'SUPPLEMENTARY ANNUAL LIST.', Warwick Examiner and Times (Qld. : 1867 - 1919), 19 October, p. 6, viewed 14 March, 2014, http://nla.gov.au/nla.news-article82166662.