British Settler in Natal arriving with parents. Viz. Thomas Cass's 'About me' section.

Estate file:-

NAB/MSCE/36/10

1869-1910

D1343/1909; DCC 127/1910

Note: At her husband's death, a Mr Steward Sim, widower of Esther Jane Sim, born Winn, Elizabeth and William's daughter laid claim to a portion of the estate. Esther's children had been left out of the will. It was found her estate had not been administered at her death and that they were married in community of property. Children of their children were entitled to a share according to William's will, therefor her estate had to be administered before William's could be done.

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Dear Louisa

p. 199

12 MAR 1877

Bessie [Elizabeth HOSKING, born MCLEOD] had a large party of her own [at Christmas 1876]. They have three gentleman staying with them from England. They are very pleasant but it makes a great deal of work for Bessie. One is a Mr. WYNNE; he is a man of property and has come to see what Natal farming

p. 200

is like. Then there is a friend of his, a lawyer who has come for his health - his name is GAGGE; and a youth of the name of CHINNERY-he has also come out for his health.

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Husband left extensive estate for its day.

Helen VAN TONDER

c. 2002

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NAB/MSCE/LEER/0/01/34/234/1

WILLIAM WINN

Estate valued at over £1000.

DEATH NOTICE

Born in Yorkshire, England.

No parents given.

81y, 3m at death. [Calculated date of birth is OCT 1827]

Occupation: Farmer

Widower

Deceased wife: Elizabeth WINN, died 17 MAY 1869.

Married in Durban, about 50 years ago. [Calculated date of marriage is circa 30 JAN 1859]

His address, which was intended to be temporary, was Wentworth, County of Durban.

Died 30 JAN 1909, Wentworth, County of Durban.

Residence: Wentworth.

Children:

Thomas William WINN, major

Richard Henry WINN, major

Anne Elizabeth SIM, major

[His daughter, Esther Jane SIM, born WINN, deceased wife of Steward SIM, is not mentioned in his Death Notice as she is deceased at the time of his death. Refer to separate claim.]

[His daughter, Isabella WINN is not mentioned in his Death Notice as she is deceased at the time of his death. Refer to his Will.]

Left movable and immovable property.

Estate to be valued at over £100.

Death Notice signed on 18 FEB 1909 by W. CASS in Bellair. A retired farmer and his brother-in-law.

INVENTORY

(1) (a) Remainder of Subdivision B of Lot 20 of farm Wentworth, County of Durban in extent 19 acres 1 Rood 5.036 perches.

(b) Remainder of Subdivision C of Lot 22 of farm Wentworth, County of Durban in extent 17 acres 2 Roods 36.613 perches.

Held under Title Deed Nr. 190/1860 dated 10 APR 1860 = £3700

(2) (a) Subdivision 2 of Remainder of Lot 20 of farm Wentworth, aforsaid, in extent 8 acres 2 Roods 25.792 perches.

(b) Portion 1 of subdivision A of Lot 18 of said farm Wentworth in extent 3 acres 2 Roods 21.752 perches. The areas of both these two pieces of land being inclusive of and subject to servitude of a private road.

Held under Deed of Transfer Nr. 1430/1902 dated 17 JUN 1902 = £1200

TOTAL = £4900

Inventory signed by Walter James Marriot in Durban on 29 OCT 1934.

WILL AND TESTAMENT

William WINN of Wentworth County, Durban Colony, Natal Farmer.

Son Thomas William WINN given life interest and usufruct of in and to certain two pieces of Freehold Land both being portions of the farm Wentworth. See (2) (a) and (b) of Inventory. For his use and benefit during his lifetime, and from and after his death the property will devolve to his children in equal shares provided that no sale or division shall take place until youngest child turns 21.

Granddaughter Mary WINN, child of daughter Isabella WINN (deceased), 5 acres in one block for her own use and benefit from (1) (a) and (b) of Inventory, the boundary of portions A of B of Lot 20 and A of C of Lot 22 to be taken as the top boundary line.

Daughter Anne Elizabeth, wife of Thomas SIM of Durban, Checker NGR, life interest and usufruct of the remainder of (1) (a) and (b) of inventory together with homestead and buildings thereon after the 5 acres for Mary WINN have been laid off, for her use and benefit for her lifetime and from and after her death to devolve to her children in equal shares provided no sale or division of the property shall take place untill youngest child turns 21.

Also give to daughter Anne Elizabeth one equal half part or share of all Cattle Carts Ploughs and other Agricultural Implements for her use and benefit and the other half part or share to son Richard Henry WINN for his use and benefit.

Also give son Richard Henry all of Lot 12 of farm Wentworth for his own benefit.

After payment of all my just, debts, funeral and testamentary expenses, I give all the rest of my Estate and Effects, money to son Thomas William WINN, daughter Annie Elizabeth SIM, son Richard Henry WINN and granddaughter Mary in equal shares.

Appoints brother-in-law William CASS of Wentworth, Farmer, and Walter James MARRIOTT of Durban or their survivor as Executor and Administrator.

Signed in Durban, Natal on 10 AUG 1905.

Witnessed: MARRIOT, Conveyoncer, Durban; O. S. CHAPMAN, Clerk to RUSSEL & MARRIOT, Durban.

BOND LODGED

No. 632/41

Amount £4715

Date 28 OCT 1941

Surities: The London Association?

?

APPOINTMENT OF ADMINISTRATOR

Durban 29 SEP 1941

Walter Osborne MARRIOTT, of Durban, Accountant, is appointed in place of William CASS and Walter James MARRIOTT (both deceased).

Signed by T. H. SHEPSTONE, Assistant Registrar.

APPLICATION TO APPOINT ADMINISTRATOR OF ESTATE

Clifford Allison WINN, of Durban, son of late Thomas William WINN, died 20 MAY 1941, son of William WINN, died 30 JAN 1909.

Both William CASS and Walter James MARRIOTT were appointed Administrators of Estate, but are now deceased.

Mr. Walter Osborne MARRIOTT has agreed to being appointed as Administrator.

The only assetts in the Estate are:

(a) Two subdivisions of farm Wentworth now due for division between the children of late Thomas William WINN (of whom I am one),

(c) A further sub, of the same Farm Wentworth, the unsufactuary interest in which was left to Anne Elizabeth SIM for her lifetime and thereafter to her children, all of whom are now majors.

Income to Anne Elizabeth SIM is negligible and asks that the Estate is relieved of unnecessary expense of filing a Surety Bond.

Signed Durban, 20 SEP 1941

Signed:

C. A. WINN

A. J. WINN

Approved:

A. H. WINN

L. M. ? ALISON

A. E. SIM

APPLICATION OF CLIFFORD ALLISON WINN-MASTER'S REPORT FROM SUPREME COURT DATED 26 SEP 1941

Appointment of Administrator to the estate of late William WINN is necessary as estate is unrepresented. Children of Mrs. SIM appear to have not been consulted. As the administrator is to be exempted from furnishing security, all parties interested in the estate should consent to the petition.

Subject to above, the order may be granted.

APPLICATION BY WALTER OSBORNE MARRIOT AS ADMINISTRATOR FOR CONFIRMATION OF FAMILY AGREEMENT IN ESTATE OF WILLIAM WINN-MASTER'S REPORT

Approve execution of Family Agreement as Anne Elizabeth SIM's children are of age and she probably won't have more.

22 MAR 1945

APPLICATION FOR CONFIRMATION OF FAMILY AGREEMENT - 17 MAR 1945

Order prayed - Pg. 1

Affidavit of Walter Osborne MARRIOTT - Pg. 2-4

Family Agreement - Pg. 5 - 11

Copy of Will of late William WINN (Annexure) - Pg. 12 - 14

Affidavit of Dr. Rudolf MEYERSTEIN - Pg. 15

Order Prayed:-

1. That the execution of the Family Agreement is confirmed.

2. All costs to be borne by the Estate of late William WINN i.e.

a. Rem. Lot C of Lot 22 of farm Wentworth No. 860, Durban, Natal, 17 Acres, 2 Roods, 36.613 perches.

b. Rem. Sub B of Lot 20 of farm Wentworth No. 860, Durban, Natal, 19 Acres, 1 Rood, 5.036 perches.

Affidavit of Walter Osborne MARRIOTT:-

2. Will was executed on 10 AUG 1905. His wife predeceased him on about 20 AUG 1869.

3. Immovable property left to daughter Anne Elizabeth SIM (born WINN) was subject to life usufruct, upon her death should devolve in equal shares to her children and no sale or division to take place untill youngest child is 21.

4. The property devolved is:-

A. Rem. Lot C of Lot 22 of farm Wentworth No. 860, Durban, Natal, 17 Acres, 2 Roods, 36.613 perches.

B. Rem. Sub B of Lot 20 of farm Wentworth No. 860, Durban, Natal, 19 Acres, 1 Rood, 5.036 perches.

5. Anne Elizabeth SIM's children were:-

a). Jessie Elizabeth MATTHEWS born SIM on 4 JAN 1895. Wife of and marr. ICP to Benjamin Woolgar MATTHEWS.

b). Agnes Esther BATEMAN born SIM on 7 JUN 1898 of Durban, Natal, widow of late Harold Bertrand BATEMAN, was marr. OCP by ANC.

c). William Allan SIM born 4 AUG 1901.

d). Thomas Eric SIM born 29 OCT 1903.

All alive.

6. A Family Agreement was entered into between Anne Elizabeth SIM and children on 12 MAR 1945.

7. Anne Elizabeth SIM cannot have more children, but based on late William WINN's will, approval of this agreement is sought.

15 MAR 1945

Notarial Deed of Family Agreement

Protocol No. 97/1945

17 MAR 1945 before Edmund Rennard BROWNE, Notary Public, appeared John Alexander BONAMOUR, Candidate Attorney, on behalf of:-

1. Walter Osborne MARRIOTT, Administrator in Estate of late William WINN as of 29 SEP 1941.

2. Anne Elizabeth SIM born WINN 20 DEC 1868 of Durban, Natal, Widow.

3. Benjamin Woolgar MATTHEWS born 21 MAY 1893 as Administrator of joint Estate of himself and wife Jessie Elizabeth MATTHEWS born SIM on 4 JAN 1895 being marr. ICP.

4. Thomas Eric SIM born 29 OCT 1903 of Durban, Natal.

5. William Allan SIM born 4 AUG 1901 of Johannesburg, Transvaal.

6. Agnes Esther BATEMAN born SIM on 7 JUN 1898 of Durban, Natal, Widow.

Whereas late William WINN died in Durban 30 JAN 1909, leaving his Will executed 10 AUG 1905.

Whereas Anne Elizabeth SIM is the daughter of William WINN.

Whereas Jessie Elizabeth MATTHEWS, Thomas Eric SIM, William Allan SIM, Agnes Esther BATEMAN are only children of Anne Elizabeth SIM, who cannot have more children.

Whereas immovable property bequesthed to children of Anne Elizabeth SIM burdened with life interest and usufruct in favour of Anne Elizabeth SIM is:-

A. Rem. Lot C of Lot 22 of farm Wentworth No. 860, Durban, Natal, 17 Acres, 2 Roods, 36.613 perches.

B. Rem. Sub B of Lot 20 of farm Wentworth No. 860, Durban, Natal, 19 Acres, 1 Rood, 5.036 perches.

Whereas by Notice of Expropriation of 14 MAR 1944, the Secretary of Defence in terms of Sec. 87 of S. A. Defence Act No. 13 of 1912 gave notice to the administrator of the estate of late William WINN that the Gov. of the Union of S. A. requires to expropriate, take over or purchase for defence purposes part of the immovable property:-

(a) Portion of rem. of Sub C of Lot 22 of Farm Wentworth No. 860, Durban, Natal, appr. 11 acres.

(b) Portion of rem. Sub B of Lot 20 of farm Wentworth No 860, Durban, appr. 7 acres.

Whereas family want to enter into a agreement overriding the terms of the Will where it refers to above properties making provision for distribution of purchase price to be paid by Union Gov. for land expropriated and disposal of rem. of land and distribution of proceeds thereof as controlled by Administrator of estate of late William WINN.

The terms and conditions of the Family Agreement being:-

(1). Of the purchase price to be received from Union Gov. for the appr. 18 acres of £3000 shall devolve upon Walter Osborne MARRIOTT upon trust to invest same upon good and sufficient security of first mortgage over urban immovable rent producing property, or in Gov. or Mun. stock or upon Fixed deposit or Savings account or any shares in any reputable Bank or Building Society and to pay the net income to Anne Elizabeth SIM until her death.

(2). On death of Anne Elizabeth SIM the trust shall be realised and divided in equal shares among Benjamin Woolgar MATTHEWS, Thomas Eric SIM, William Allan SIM, and Agnes Esther BATEMAN, or their heirs per stirpes, provided that should Benjamin Woolgar MATTHEWS die before Anne Elizabeth SIM then the amount due to him as Administrator of the community estate shall be paid to Jessie Elizabeth MATTHEWS or her heirs stirpes.

(3). The balance of the money received from the Union Gov. shall be provided in equal shares between Benjamin Woolgar MATTHEWS, Thomas Eric SIM, William Allan SIM and Agnes Esther BATEMAN.

(4). Walter Osborne MARRIOTT is to sell the remainder of the property subject to approval by the children.

(5). Walter Osborne MARRIOTT shall divide the purchase price of the remaining property as per (2).

(6). Once these steps are complete they will be submitted to the Court for confirmation of the terms of this Agreement. The costs being borne by the Estate.

(7). If the order is granted the trust for the property shall cease.

Affidavit by Rudolf MEYERSTEIN of Durban, Natal that he is a medical practitioner of Durban and examined Mrs. Anne Elizabeth SIM on 8 MAR 1945 and is sure she cannot bear a child now. Mrs. SIM was 76 on 20 DEC last and her 'change of life' has been completely over for many years.

Signed Durban 16 MAR 1945.

APPROVED 26 MARCH 1945

MASTER'S REPORT ON APPLICATION BY ARTHUR HELY WINN FOR INTERPRETATION OF WILL OF LATE WILLIAM WINN

1. Leaves decision to Court but confirms:-

(a) William WINN died 30 JAN 1909

(b) Thomas William WINN died 20 MAY 1941

(c) William Archibald WINN's estate has not been reported in his office

(d)Frederick Thomas WINN died testate 26 AUG 1928

(e) Estate of Lilian Mary Isobel ALISON has not been reported in this office

(f) Estate of Alice Onslow WINN has not been reported in this office

(g) Matter was previously before court

(i) 29 SEP 1941

(ii) 26 MAR 1946

Between Arthur Hely WINN - Applicant

and

Walter James MARRIOTT, Administrator of Estate of Late William WINN - 1st Respondent

Clifford Alison WINN - 2nd Resp.

Coral Millicent KNUDSEN - 3rd Resp.

Bertie WITHFIELD, husband Elaine Isobel WITHFIELD, marr. ICP, and lawful guardian - 4th Resp.

Ray Gordon ALISON - 5th Resp.

Denis Onslow Lambert ALISON - 6th Resp.

Arthur Hely WINN of Faircross, Rosetta, Farmer, states:-

1. He is grandson of William WINN, and son of Thomas William WINN, died 20 MAY 1941.

2. Walter James MARRIOTT is an Accountant of Durban, and Administrator of Estate of late William WINN, appointed 29 SEP 1941

Clifford Alison WINN is his brother, of Durban, who was alive at date of Thomas William WINN's death.

Coral Millicent KNUDSEN is the widow of his brother, Frederick Thomas WINN, and has re-married after his death.

Bertie WITHFIELD, husband and guardian of Elaine Isobel WITHFIELD, daughter of my sister, Lilian Mary Isobel ALISON, and marr. ICP.

Ray Gordon ALISON and Denis Onslow Lambert ALISON are children of my sister, Lilian Mary Isobel ALISON.

3. His father Thomas William WINN had 5 children:-

Clifford Alison WINN

William Archibald WINN

Frederick Thomas WINN

Lilian Mary Isobel ALISON

and Arthur Hely WINN (himself)

4. His brother, Clifford Alison WINN, and himself are only children presently alive. His brother, William Archibald WINN, died intestate 1918, his heirs being his father, Thomas William WINN, and his mother, Alice Onslow WINN, also deceased. His brother, Frederick Thomas WINN, died 26 AUG 1928, his sole heir being his wife, Coral Millicent KNUDSEN, who re-married since his death. His sister, died 1944, her heirs being her three children, Elaine Isobel WHITFIELD, Ray GORDON ALISON, Denis Onslow Lambert ALISON. His mother died intestate after his father, her estate has not been reported. His father practically left no estate, was reported, but no executor was appointed.

5. Walter James MARRIOTT is about to distribute the Estate of late William WINN amongst the heirs, but a dispute has arisen between us as to the interpretation of the Will in particular:-

" I give to Thomas William WINN a life interest and usufruct of 2 properties:-

1. Sub 2 of Rem. of Lot 20, 8 acres, 2 Roods, 25.792 perches inclusive and subject to the servitude of a private road.

2. Por. 1 of Sub. A of Lot 18, 3 acres, 2 Roods, 21.752 perches inclusive of and subject to the servitude of a Private Road.

For the use and benefit of my son during lifetime and from and after his death the property shall devolve to his children in equal shares provided no sale or division of property shall take place until the youngest child turns 21"

6. The properties did not vest in his father Thomas William WINN's children on the death of William WINN, only if they survived Thomas William WINN.

7. His brother's William Archibald WINN and Frederick Thomas WINN, having predeceased their father, were not entitled to receive interests in the properties.

8. Walter James MARRIOTT disputes the correctness of 6. and 7, believing vesting of the properties in the children of Thomas William WINN took place upon the death of William WINN, and he intends to administer and distribute the latter's estate accordingly.

9. The Will only affets the construction thereof.

10. All interested parties have been cited.

11. Request the court to interpret the Will and grant an order in terms of the Order prayed.

Sworn at Mooi River, 8 MAY 1948, A. H. WINN.

WILL NO. 603/1941, ESTATE NO 32778 - LAST WILL AND TESTAMENT OF THOMAS WILLIAM WINN

Of Number 20 Wentworth Durban Natal, 15 SEP 1924.

Appoints wife, Alice Ontlow WINN and Thomas SIM of Wentworth farm as Executors and direct all Funeral expenses and all debts be paid as possible after his death.

Gives his wife his homestead on 20 Wentworth House and land to be sold provisionally and the price of the house goes to his wife and any money. The land is to be equally divided between his children:-

Jillian Mary Isabella ALISON (daughter), Clifford Alison WINN (Son), Arthur Healy WINN (Son), Frederick Thomas WINN (Son).

Signed by Thomas William WINN in presence of Thomas SIM from Jacobs and Richard Henry WINN from Merebank.

Order prayed:-

That the Estates of William Archibald WINN and Frederick Thomas WINN has no vested right in the properties as mentioned in William WINN's Will.

That the costs of this application and hearing be paid by the Estate of late William WINN.

IN THIS MATTER RESPONDS RICHARD EDWARD FOSTER BOWLEY

1. He is Attorney practising in Pietermaritzburg and states that the 1st respondent is wrongly described as Walter James MARRIOTT instead of Walter Osborne MARRIOTT.

2. It was his error.

3. Asks the affidavit may be amended correctly to describe the 1st Respondent as Walter Osborne MARRIOTT.

Signed Pietermaritzburg 3 JUN 1948.

JUDGEMENT TUESDAY 31 AUG 1948 BY SELKE, DE WET HATHORN.

The court reserves judgement and orders that the application is dismissed. The costs of all the parties to be paidout of the assets in dispute.

STATEMENT OF SUCCESSION DUTY

Receipt No 130703 dd 28.4.49. Paid Durban.

Signed 28 MAY 1949

ASSESSMENT NO 43

Act 35/1905

issued 25 MAR 1949

Paid £3.13.4 as per Receipt No 130703 dd 28.4.49 at Rec. of Rev. Durban

ESTATE NO 234/34 - WILLIAM WINN

PROPERTIES SUBJECT TO USUFRUCT OF T. W. WINN

Thomas William WINN

a. Sub. 2 of Lot 20, Farm Wentworth, Durban, Natal, 8 acres, 2 roods, 25.792 perches

b. Sub. 1 of Sub. A of Lot 18, Farm Wentworth, Durban, Natal, 3 acres, 2 roods, 21.752 perches.

Value in Liq. Acc. of Wm. WINN dated 3 JUN 1911 = £180.0.0.

Wm. WINN d. 30 JAN 1909.

T. W. WINN b. OCT 1858.

Age on 30 JAN 1909 = 50 years.

Value of Usufruct 180 x 0.04 x 12.42975 = £89.10.0

Value of bare dominium = £90.10.0

Beneficiaries being grandchildren:-

-Lillian Mary Isabella ALISON born WINN, d. 16 FEB 1944.

-Clifford Alison WINN

-Arthur Healy WINN

-William Archibald WINN d. 1918

-Frederick Thomas WINN d. 26 AUG 1928

Each receives an inheritance of £18.2.0

Each pays duty at 1% of £0.3.8.

T. W. WINN d. 20 MAY 1941.

Assets as at date of death, now free of usufruct:-

Immovable Property as above valued by A. E. VOYSEY = £1500.0.0

Less bare dominium 1909 = £90.10.0

Succession accruing on cessation of usufruct = £ 1409.10.0

To be accounted for in D. D. [?] in Estate T. W. WINN No. 32778

Beneficiaries being descendants:-

ALLISON, Estate late L. M. I. = 20%

WINN, Clifford Alison = 20%

WINN, Arthur Hely = 20%

KNUDSEN, Carol Millicent (daughter-in-law) = 20%

WINN, Alice Onslow (subsequently deceased spouse) = 10%

WINN, Estate T. W., to be apportioned among heirs = 10%

Signed Durban 21 MAR 1949 for Estate Wm. WINN.

COPY OF ESTATE AND SUCCESSION DUTY RECEIPT

Estate: William WINN, No. 234/36

Assessment No. 043, date 25 MAR 1949

Issued by The Master at Pietermaritzburg.

Rec. from Messrs. Russel Marriott, P. O. Box 207, Durban.

Amount: £3.13.4

Suksessiebelasting

ESTATE NO. 23/34 - ESTATE WILLIAM WINN

PROPERTIES SUBJECT TO USUFRUCT OF MRS. A. E. SIM BORN WINN

Annie Elizabeth SIM usufruct over:-

a. Rem. of Sub. B of Lot 20 Farm Wentworth, Durban, Natal, 17 acres 2 roods 36.613 perchers

Value in Liquidation of Wm. WINN dated 3 JUN 1911 = £680.0.0

[S. D. Pass i.r.o. (a) 11.6035 acres, (b) 7.7424 acres, 14 OCT 1949]

Wm. WINN d. 30 JAN 1909.

A. E. SIM b. 20 DEC 1868.

Age at 30 JAN 1909 = 40 years.

Value of Usufruct 680 x 0.04 x 14.875 = £404.12.0

Value of bare dominium = £275.8.0

[Do. on notorial P/Servitude, 17 NOV 1949]

Beneficiaries being grandchildren:-

- MATTHEWS, Jessie Elizabeth

- SIM, Thomas Eric

- SIM, William Allan d. 26 AUG 1946

- BATEMAN, Agnes Esther

Each inheriting = £68.15.0

Each paying duty 1% = £0.13.9

Signed Durban, 21 MAR 1949 for Estate Wm. WINN

LETTER FROM STEWARD SIM, BALGOWAN, 8 MAR 1909 TO THE MASTER OF THE SUPREME COURT RE. ESTATE LATE ELIZABETH WINN BORN CASS

The husb. of above Wm. WINN d. testate and my children who are children of a daughter of the two have been left out of the Will of Wm. WINN, but I understand that the survivors survivors are entitled to a share in the estate as it is as I think that their grandparents were married in community Goods and that the grandmother left no will nor has there been a distribution of the estate.

I had a case in connection with the distribution of the Estate of Wm. CASS, who was the father of Mrs. Elizabeth WINN and lost, now trying to get instructions so my children are not left out altogether in the distribution of the family money through my neglect.

Mrs. WINN died before he came to the country and if they had thought in the family of post or anit nuptual contracts I should have been warned when I entered it. Esther Jane WINN, my wife (daughter of W. and Mrs. E. WINN) left four children two of age and two minors (all still alive). I far as he knows Mrs. WINN died at Wentworth near Durban over 40 years ago and I know was buried in the graveyard at Merebank Weslyan Church.

There is a notice in the Government Gazette of 2nt inst. advertizing for claims which must be made before 23rd inst and Messrs RUSSELL and MARRIOTT for trustees has written drawing my attention to it.

Please inform me if Mrs. WINN's estate was ever distributed according to law, or place me in a position to obtain the information and in the meantime stop the distribution of the estate of late William WINN until I can either place a claim or be satisfied that we have none.

Can call at your office at four days notice if necessary or better that you should see one personally.

Signed Steward SIM

LETTER FROM ACTING MASTER OF THE SUPREME COURT TO STEWARD SIM ESQ., BALGOWAN DATED 9 MAR 1909

No record of Estate of deceased's late wife Elizabeth WINN born CASS. The Death Notice filed in Estate of William WINN states that she died 17 MAY 1869 and that the parties were married about 50 years ago, but does not record whether or not community of property was excluded from marriage.

He is advised to seek legal advise for his children sake.

LETTER FROM S. SIM TO ACTING MASTOR OF SUPREME COURT RE. ESTATE OF WILLIAM WINN 234/34 dated 14 APR 1909, BALGOWAN

He made enquiries at the office of the Registrar of Deeds and there is no post or antinuptial contract between Mr and Mrs. WINN, neither is there any will of Mrs WINN, and her estate has never been administered, therefor the present will (mr. WINN) can only deal with 1/2 of the estate, and half of the property belongs to late Mrs. WINN.

As guardian of the children he is entitled to 1/4 of 1/2 of the Estate or 1/8 of the whole Estate.

In the event of an iligitimate child of a deceased daughter of Mrs. WINN's being entitled to her mothers share then my claim is for 1/10 that is 1/5 of 1/2 of the whole Estate.

He cannot find money to put the case into court but understand that you are in position to claim the rights of the children and the Estate bear the cost.

I have had the advice of Mr CROOK of Newcastle and this is the course he has instructed me to take.

The Registrar of Deeds writes "I am unable to trace any record of the registration of either a will or marriage contract of Elizabeth WINN.

I paid fees for a search 3/6.

LETTER FROM THE ACTING MASTER OF THE SUPREME COURT TO STEWARD SIM DATED 16 APR 1909 RE ESTATE WILLIAM WINN 234/34

To assist him to establish a claim for his children he must arrange for the appointment of an Executor Dative in the Intestate Estate of late Mrs. WINN. He requires:-

1. Proof of death of Mrs. WINN

2. Death Notice (form attached)

3. Inventory of joint Estate as at death of Mrs. WINN (Form of Inventory attached). An approximate inventory would suffice for the time being.

4. Cheque for edictal expenses £2.0.6 should it be found that the joint Estate exceeds £400.

LETTER FROM STEWARD SIM TO THE MASTER OF THE SUPREME COURT RE. YOUR MSC 234/34 DATED 5 MAY 1909, BALGOWAN

He is unable to obtain the information asked for the Estate of Mrs WINN.

Trustee of joint estate would be able to supply the details necessary and asks the Master to ask him to do so.

He knows there was farm, house, cattle, wagon and he believes another block of 100 acres or thereabouts also at Wentworth either purchased before her death or shortly afterwards no doubt if then, out of the joint Estate funds.

He came to the Colony in 1881 and got to know the family same year married his late wife 1883 and she died 1900 (Nov).

My own brother is married to a sister of my late wife but I cannot get the information through them and the other members are also up in arms at my attempt to establish a right for my children to.

LETTER FROM ACTING MASTER OF THE SUPREME COURT TO MESSRS. RUSSEL AND MARRIOTT, ACCOUNTANTS, DURBAN DATED 10 MAY 1909 RE. TEST. EST. W. WINN, 234/34.

The deceased was married in community of proerty and that the joint estate as existing at the death of his predeceased spouse, who died intestate was never administered. On requesting Mr. S. SIM to furnish particulars of the joint estate, he informs him that such is not known to him. I have therefor to request you tobe good enough to give him such information as is in your possession in order that he may be in a position to complete the necessary documents required by this office before steps can be taken for the appointment of an Executor Dative in the Intestate Estate of the late ELizabeth WINN whose estate must first be dealt with so as to arrive at what W. WINN's half share is.

LETTER FROM ACTING MASTER OF SUPREME COURT TO MR. SIM, ESQ. BALGOWAN, NATAL, DATED 10 MAY 1909 RE. TEST. EST. WM. WINN 234/34

He has requested Messrs. RUSSEL and MARRIOTT to furnish you with such information in regard to the Estate of late Elizabeth WINN as will enable you to complete the forms already sent to you. Letter to them attached.

LETTER FROM RUSSELL & MARRIOTT TO MASTER OF THE SUPREME COURT, PIETERMARITZBURG, RE. ESTATE MR. W. WINN 234/34 DATED 15 MAY 1909

It may be some time before we can supply the information asked for as we have to go back to the 1869.

LETTER FROM STEWARD SIM OF BALGOWAN TO THE MASTER OF SUPREME COURT DATED 24 MAY 1909 RE. WM. WINN 234/34

Received letter from RUSSELL & MARRIOTT suggesting a compromise and asks of there are any objections, as it is necessary to receive sanction since two of the four children are minors.

COPY OF LETTER RECEIVED FROM RUSSELL & MARRIOTT, DURBAN FOR STEWARD SIM, BALGOWAN, DATED 15 MAY 1909

The Master of the High Court requires the estate of late Mrs. Wm. WINN administered to determine the value of Wm. WINN's Estate.

This may mean the realization of the whole estate which would be a great sacrifice. To avoid it, a compromise is suggested amongst all, requiring a meeting in Durban. His solicitor may be present. To go to court will mean heavy expenses on both sides.

LETTER TO STEWARD SIM, BALGOWAN FROM ACTING MASTER, SUPREME COURT DATED 26 MAY 1909 RE. TEST. EST. WILLIAM WINN, 234/34

No advice can be given as there are no particulars of the compromise.

Should attend meeting with Solicitor.

LETTER FROM T. W. WINN TO MR T. J. ST. GEORGE, ACT. MASTER, SUPREME COURT, PIETERMARITZBURG DATED 2 NOV 1909, PINETOWN RE. ESTATE WILLIAM WINN, WENTWORTH, NATAL

I am the eldest son of late William WINN. Asks when Estate will be wound up. RUSSELL & MARRIOTT cannot give an answer, just say soon, but it is six months ago and hears nothing more. They appointed brother 2 m or more ago as Executor Dative, but he doesn't know. Asked for £100, his wife has been ill 7 m and had 4 doctors who want to be paid. They're waiting for answer from the Master. Very hard times for us to wait so long for a bit of money...parents. Please give explanation.

LETTER FROM ACTING MASTER, SUPREME COURT TO T.W. WINN, PINETOWN DATED 3 NOV 1909 RE. TEST. EST. WM WINN, 234/34

Unable to say when the administration of Estate will be completed as the Estate of late mother was never administered. An Executor Dative was appointed in her estate and the Executors are hoping to come to an agreement to avoid litigation.

LETTER FROM ASSISTANT MASTER, NATAL TO MESSRS. RUSSELL & MARRIOTT, CONVEYANCERS, DURBAN DATED 27 MAY 1911 RE. TEST. EST. WM. WINN, 234/34

First and Final Account in Joint Estate of E. and W. WINN was confirmed 17 OCT 1910, would like to know about payment of succession duty i.r.o. W. WINN's estate.

Administration and Distribution accounts should be submitted with Succession Duty Account.

LETTER FROM RUSSELL & MARRIOTT, DURBAN, NATAL TO MASTER, SUPREME COURT, PIETERMARITZBURG DATED 6 JUN 1911 RE. TEST. EST. WM. WINN 234/34

Forwarding Succession Duty A/c for this Estate with First & Final Administration & Distribution A/c for reference and a cheque for the duty of £20.19.10.

ACCOUNT OF SUCCESSION DUTY IN ESTATE LATE WILLIAM WINN OF WENTWORTH, NATAL. FARMER.

1. Rem. B Lot 20, Rem. C Lot 22 of farm Wentworth, 42 acres, 0 roods, 1.749 perches. = £680

2. Sub. 2 Lot 20, Sub. 1 of A Lot 18 of farm Wentworth, 12 Acres, 1 Roods, 7.544 perches. = £180

3. Lot 12 of Wentworth, 102-1-39. = £1275

Total = £2135; Half = £1067.10.0

Mortgage bonds:-

G. MADDISON = £800

C. K. HODGES = £600

J. MCLEAN = £800

Household furniture = £10

Total = £2210; Half = £1105

Cash in hand = £10

Cash in Natal Bank = £9.2.11

Interests collected on above bonds = £248; Half = £124

Half total = £2315.12.11

Less liquidation and Administration Expenses = £216.16.9

Total = £2098. 16.2

Heirs or legatees and inheritance:-

Thomas Wm WINN, son = £347.16.7

Anne Elizabeth WINN, daughter = £557.16.7

Richard Henry WINN, son = £895.6.6

Mary JOHNSON, granddaughter = £297.16.6

Total = £2098.16.2

Amount of duty payable per heir:-

£3.9.7

£5.11.7

£8.19.1

£2.19.7

Total = £20.19.10

Prepared by William CASS and Walter James MARRIOTT on 3 JUN 1911, Durban.

234/34 COLONY OF NATAL - ACCOUNT OF SUCCESSION DUTY PAYABLE UNDER ACT 35 OF 1905 IN THE TESTATE ESTATE OF THE LATE WILLIAM WINN OF WENT WORTH, NATAL, FARMER

FIRST AND FINAL ADMINISTRATION AND DISTRIBUTION ACCOUNTS IN THE TESTATE ESTATE OF WILLIAM WINN OF WENTOWRTH, NATAL, FARMER

Liabilities:-

Sundry Creditors:

-W. A. BATH = £8.18.0

-Drs. DUMAT and ROIULLARD = £2.17.0

-Native Wages = £2.11.0

Total = £9.6.0

-Funeral expenses, Adlam REID & Co. = £14.2.6

-Russel & Marriott Account = £10.7.2

-Advertising for claims = £1.0.0

-Land Tax = £0.14.6

-Valuation Fees:

- G. L. ACUTT = £5.5.0

-do. = £3.3.0

-Solicitors costs T. T. POYNTON = £120.4.4

-Cheque book = £0.2.6

-Executors Commission = £47.6.9

-Stamps on Distribution Account = £5.5.0

Balance for distribution = £2098.16.2

Total = £2315.12.11

Assets:-

Immovable property:

1. Rem of B of Lot 20, and Rem of C of Lot 22 of farm Wentworth in extent 42-0-1.749 = £680.0.0

2. Sub 2 of Lot 20, and Sub 1 of A of Lot 18 of farm Wentworth in extent 12-1-7.544 = £180.0.0

3. Lot 12 of Wentworth in extent 102-1-39 = £1275.0.0

Total = £2135.0.0

One half of above accounted for in Intestate Estate of Elizabeth WINN = £1067.10.0

Movable property:

Mortgage bonds:

-G. MADDISON = £800.0.0

-C. K. HODGES = £600.0.0

-J. McLEAN = £800.0.0

Household furniture = £10.0.0

Total = £2210.0.0

One half of above accounted for in Intestate Estate of Elizabeth WINN = £1105.0.0

Cash in hand = £10.0.0

Cash in Natal Bank = £9.2.11

Total = £19.2.11

Interest on above Bonds collected by RUSSELL & MARRIOTT

-MADDISON to 25 JAN 1911 = £134.15

-HODGES to 6 JUL 1910 = £64.1.8

-McLEAN = £65.5.0

Total = £261.1.8

Less their commission = £13.1.8

Total = £248.0.0

One half = £124.0.0

TOTAL = £2315.12.11

Signed Durban, 3 JUN 1911

Signed W. CASS

W. J. MARRIOTT

Executors Testamentary

Distribution Account:-

Balance for Distribution = £2098.16.2

Thomas William WINN

Life interest in property, half of Sub 2 of Rem of Lot 20 and portion 1 of A of Lot 18 of farm Wentworth = £90.0.0 [In his death to his children]

Mary WINN (now Johnson)

transfer to her of 2.5 acres of Sub B and C of Lot 20 and 22 of Wentworth = £40.0.0 [5 acres]

Anne Elizabeth SIM

Life interest in half remainder of Sub B and C of Lots 20 and 22 = £300.0.0 [In her death to her children]

Richard Henry WINN

transfer to him of half Lot 12 of farm Wentworth

[Lot 12 not 1/2]

Total = £1067.10

Balance = £1031.6.2

Thomas William WINN

Anne Elizabeth SIM

Each receive 257.16.7

Mary JOHNSON

Richard Henry WINN

Each receive 257.16.6

Total = £1031.6.2

Signed Durban 3 JUN 1911

W. CASS

W. J. MARRIOTT

Executors Testamentary

SUMMARY OF ASSETS IN JOINT ESTATE AS AT DEATH OF WILLIAM WINN VIDE AGREEMENT COPY FILED WITH APPLICATIONS 104/2 AND INVENTORY IN PAPERS EST ELIZABETH WINN 10/36.

Subs b and c of Lots 20 and 22 Wentworth = 98.1.38

[Sold 1902 for £1354] A of b of 20 and A of c of 22 = 28.0.33.851

[Sold 1902 for £2800] 1 of b of 20 and 1 of c of 22 = 28.1.36.251

Total = 56.1.36.251

Remainder 42.0.1.749 valued at £680.0.0

Represented by Bond

MADDISON = £800.0.0

HODGES = £600.0.0

MACLEAN = £800.0.0

Taken over by William WINN at £1000, valued by Mr. ACUTT @ £180.0.0

Correct description = Sub 2 of Lot 20 = 8.2.25.792

Sub 1 of A of 18 - 3.2.21.753

Total = 12.1.7.544

Lot 12 Wentworth 102.1.39 valued at £1275.0.0

STATEMENT REGARDING PROPERTIES

at the request of Messrs RUSSELL & MARRIOTT by Ernest L. ACUTT, Government Valuator by appointment.

JUN 4 1909

Having visited and inspected the properties for the purpose of this valuation, I find as follows:-

1st. A Freehold property at Wentworth, Durban County, the total area being 64 acres, 1 rood, 9.293 perches and described as Remainder of B of Lot 20 farm Wentworth in extent 20 acres, 3 roods, 16.736 perches.

Remainder of C of Lot 22 Farm Wentworth, in extent 21 acres, 0 roods, 25.013 perches.

[Valued at £680.0.0]

Subdivision 2 of Lot 20, Farm Wentworth, in extent 8 acres, 2 roods, 25.792 perches.

Subdivision 1 of Subdivision A of Lot 18 Farm Wentworth in extent 3 acres, 2 roods, 21. 752 perches.

[Valued at £180.0.0]

The foregoing four plots of land together form a small farm suitable for fruitgrowing etc.

The buildings consist of a small cottage of brick with iron roof, which has been in standing many years and is in poor repair.

The outbuilding consists of two sheds of wood and iron.

The major portion of the land is uncultivated and a small portion being under cultivation of fruit trees.

This property which is situate on the Wentworth range of hills is distant one mile from Jacobs Station of the N. G. R. Bluff line and seven miles from Durban from which centre it is served by a good Macadamised Road.

Value of the land in freehold together with the buildings thereon, £860.0.0 [being £680.0.0 for the 1st 2 pieces of land with buildings and £180.0.0 for the second 2 pieces of land.

2nd. A block of freehold land in extent 102 acres, 1 rood, 29 perches described as Lot 12, of the farm Wentworth.

The major portion of the land is still covered by virgin bush, the balance being partly under grass and partly under the cultivation of fruit trees.

This property, which is distant about 2 miles from Jacobs Station and eight miles from Durban, is partly hill-land the remainder running down tothe sandy flats near Merebank and between the two bluff hills.

For about seven miles from Durban the property is served by a good macadamised road the remainder of the distance being a sandy road.

Upon this property stands a new wood and iron residence, which I am asked not to take into consideration in making this valuation.

This property is suitable for general agricultural purposes.

Value of the land in freehold = £1275.0.0

Total value of the two properties = £2135.0.0

I, Ernest Leslie ACUTT of Durban do hereby solemnly and sincerely declare that the above named sum of £2135.0.0 sterling is to the best of my knowledge and belief the true and fair value at the present time of the property described in the appraisement.

Signed Ernest L. ACUTT

Declared before me at Durban, 4 JUN 1909.

J. R. WARREN

Commisioner of Oaths.

FROM RUSSELL AND MARRIOTT TO MASTER SUPREME COURT DATED 12 JUN 1911 RE TEST. ESTATE WILLIAM WINN 234/34

An agreement [dated 29 OCT 1910 and filed in papers in estate of Elizabeth WINN 10/36] was entered into by all the parties interested by which it was agreed that notwithstanding the intestacy, the estate should be dealt with in terms of the will.

LETTER FROM ASSISTANT MASTER, NATAL TO RUSSEL AND MARRIOTT DATED 23 JUN 1911 RE. TEST. EST. WILLIAM WINN, 234/34

...note the position is that the Sim children have been paid out...

LETTER FROM RUSSELL AND MARRIOTT TO MASTER, SUPREME COURT, PIETERMARITZBURG DATED 27 JUL 1911 RE. TEST. EST. WILLIAM WIN 234/34

Mr. T. W. WINN's age at death of William WINN was 48 years 3 months, and Mrs. A. E. SIM's age was 40 years, 1 month.

LETTER FROM RUSSELL AND MARRIOTT TO THE MASTER, SUPREME COURT, PIETERMARITZBURG DATED 23 OCT 1934 RE. ESTATE LATE WILLIAM WINN NO. 33/1909

The Administrators were William CASS and Walter James MARRIOTT. The former died on 30 JAN 1927, Estate no. 12056.

LETTER FROM THE MASTER, SUPREME COURT, PIETERMARITZBURG TO RUSSELL AND MARRIOTT DATED 26 OCT 1934 RE. ESTATE LATE WILLIAM WINN NO. 234/34

On receipt of an inventory inclosing the Assets still to be dealt with, this matter will be attended to.

LETTER FROM RUSSELL AND MARRIOTT TO THE MASTER, SUPREME COURT, PIETERMARITZBURG DATED 29 OCT 1934 RE. ESTATE LATE WILLIAM WINN NO 234/34

Enclosed Inventory of Assets, showing two properties held in this estate by surviving Executor.

Nr. 1 prop. held in trust during lifetime of Annie Elizabeth Sim, and after her death, to devolve upon her children, the 2nd prop. is held under similar conditions on behalf of the son, Thomas William WINN.

LETTER FROM MASTER OF THE SUPREME COURT TO RUSSELL AND MARRIOTT DATED 30 OCT 1934 RE. ESTATE WILLIAM WINN NO 234/34

I enclose herewith Letters of Administration together with endorsement.

LETTER FROM RUSSEL AND MARRIOTT TO MASTER, SUPREME COURT, PIETERMARITZBURG DATED 31 OCT 1934 RE. ESTATE LATE WILLIAM WINN NO 234/34

Received Letters of Administration endorsed.

LETTER FROM MASTER OF SUPREME COURT TO MR. B. W. MATTHEWS, P.O. BOX 2275, DURBAN, RE. ESTATE LATE WILLIAM WINN NO 234/34

Certified copy of Will as requested enclosed.

LETTER FROM E. KENT TO MASTER, SUPREME COURT, PIETERMARITZBURG DATED 1 APR 1940 RE. THOMAS WILLIAM WINN

Mr. Thomas WINN is nearly 82 years old and lives alone with Mrs. WINN on the prop. and wants to live with or near one of his children.

LETTER FROM MASTER, SUPREME COURT TO MR. E. L. KENT, C/O P. O. BOX 18, JACOBS DATED 2 APR 1940 RE. ESTATE LATE WILLIAM WINN NO. 234/34.

I am unable to advise you.

LETTER FROM RUSSELL AND MARRIOTT TO MASTER, SUPREME COURT, PIETERMARITZBURG DATED 21 OCT 1941 RE. ESTATE WILLIAM WINN NO. 234/34

Previous Administrators have died and Mr. W. O. MARRIOTT is appointed Administrator. It is necessary for Surety Bond to be furnished. Details of prop. and valuation by Durban Corp. = £3370.0.0

Subject to usufruct of T. W. WINN

(1) Sub. 2 of Lot 20 Wentworth 8a-2r-25.792p, Rate no. 9780, valued at £490.0.0; £300.0.0

(2) Sub 1 of Lot A of Lot 18 Wentworth 3a-2r-21.752p, Rate no. 9723, valued at £200.0.0

Subject to usufruct of Mrs. A. E. SIM

(1) Rem of B of Lot 20 Wentworth 19a-1r-5.036p, Rate no. 9779, valued at £280.0.0; 1050.0.0

(2) Rem of C of Lot 22 Wentworth 17a-2r-36.613p, valued at £60.0.0; £990.0.0

Total = £3370.0.0

Inc. it by 25% is an add. £842.0.0 making a total £4212, and presume you require 2 years income at 6% = £505.0.0.

Suggest that Surety Bond be fixed at £4715.0.0 and would like your approval before Proposal Form is sent to Insurance Company.

LETTER FROM MASTER, SUPREME COURT TO RUSSELL AND MARRIOTT, P. O. BOX 207, DURBAN, DATED 22 OCT 1941 RE. ESTATE LATE WILLIAM WINN NO 234/34

A bond of security for £4715 will be accepted by me. A form of bond is enclosed.

Order of Court should be submitted.

LETTER FROM MASTER, SUPREME COURT TO ASSISTANT REGISTRAR, SUPREME COURT, DURBAN DATED 31 OCT 1941

Please furnish copy of Order of Court dated 29 SEP 1941.

LETTER FROM RUSSELL AND MARRIOTT TO MASTER SUPREME COURT, PIETERMARITZBURG DATED 28 OCT 1941 RE. ESTATE WILLIAM WINN NO. 234/34

Enclosed Order of Court, dated 29 SEP 1941, and Surety Bond for £4715, and shall be glad to receive the Order returned duly endorsed.

LETTER FROM MASTER SUPREME COURT TO RUSSELL AND MARRIOTT DATED 10 NOV 1941 RE. ESTATE LATE WILLIAM WINN NO 234/34

Enclosed Order of Court duly endorsed.

LETTER FROM RUSSELL AND MARRIOTT TO MASTER, SUPREME COURT, PIETERMARITZBURG DATED 2 JUN 1943 RE. ESTATE WILLIAM WINN NO 234/34

Mr. C. A. WINN, grandson of above called at our office and states that he recently interviewed you in connection with the property bequethed by the late William WINN to the children of his son T. W. WINN.

The late William WINN bequested a usufruct over certain property to his son T. W. WINN, the dominium being bequethed to T. W. WINN's children. T. W. WINN died 20 MAY 1941 his estate no. D. E. 651/41, leaving surviving spouse and 3 children, 2 having predeceased their father, 1 unmarried and 1 T. F. WINN died 1928, married, but no children. F. T. WINN's estate no. 13705 and his wife survived him. They were marr. OCP, A. N. C. No. 1530/1923.

We do not know who the beneficiaries are in respect of the cessation of T. W. WINN's usufruct and have not prepared the Death Duties Affidavit. Mr. SISSON's opinion is that the deceased children of T. W. WINN share in the bequest from their grandfather's estate equally, with the surviving children. Mr. C. A. WINN states he was advised by you that the surviving spouse of the deceased F. T. WINN had no interest in the Estate W. WINN.

If Mr. SISSON's opinion is correct it appears she is interested in estate W. WINN, the dominium having vested in F. T. WINN on William WINN's death and having passed to F. T. WINN's surviving spouse in terms of his will dated 14 JUL 1925.

We wish to conclude estate T. W. WINN we would like to know if you are still of the opinion that F. T. WINN's widow has no interest in the Estate of William WINN, and your reasons therefor.

LETTER FROM MASTER SUPREME COURT TO RUSSELL AND MARRIOTT DATED 4 JUNE [PRESUMABLY 1943] RE. LATE WILLIAM WINN NO. 234/34

At the time Mr. WINN interviewed me, he produced a copy of the will of late W. WINN and asked advice.

I was not prepared to give opinion or interpretation of the will as it is the Executor's duty and if not satisfied the beneficiaries could go to court.

I asked Mr. WINN if deceased ? WINN left any children and he assured me that he left no children. It may be that Mr. WINN misunderstood me and meant that the children were all deceased. Otherwise he misrepresented the facts.

Not prepared to give an opinion.

LETTER FROM SMYTHE AND CO. [?] , PIETERMARITZBURG TO MASTER, SUPREME COURT, PIETERMARITZBURG DATED 5 JUN 1948 RE. ESTATE WILLIAM WINN NO 234/34 (D. W. 33/1909)

Enclosed copy of affidavit of A. H. WINN and annexure, upon which an application is being made to the Court for the interpretation of the Will. You may report to the court if you consider it necessary on 24 JUN 1948.

LETTER FROM RUSSEL AND MARRIOTT TO MASTER, SUPREME COURT, PIETERMARITZBURG DATED 1 DEC 1948 RE. ESTATE WILLIAM WINN NO 234/34

The deceased left properties to descendants of daughter, A. E. SIM, subj. to her usufruct and other properties to descendants of T. W. WINN, subj. to usufruct in his favour. Mr. T. W. WINN d. 20 MAY 1941 (Estate No. D. E. 651/41 and as result of a recent application to the Supreme Court made by Messrs. SMYTHE & CO of Pietermaritzburg, we now know the names of the beneficiaries in his estate to whom transfer is to be passed.

Mrs. A. E. SIM is still alive, but as a result of the expropriation by the Union Government of part of the property bequethed to her children, there are certain cash assets in this portion of the Estate. You are aware of the Family Agreement of 12 MAR 1948 which the Supreme Court declined to confirm, but made an Order that Mrs SIM is past childbearing age.

We have clarified position regarding transfer to descendants of Mrs. A. E. SIM as late William WINN died 1909 the section 61 of estates act and 45 of deeds registration act do not apply.

We propose now passing transfer by administrator in estate William WINN to descendants of late T. W. WINN in accordance the will and to the children of Mrs A. E. SIM subj. to her usufruct. Please advise if there is any outstanding liability for death duties i.r.o. transfer of properties to the T. W. WINN family and the A. E. SIM family.

LETTER FROM MASTER OF THE SUPREME COURT TO RUSSELL AND MARRIOTT DATED 7 DEC 1948 RE. ESTATE LATE WILLIAM WINN NO 234/34

Succession duty on nude dominium awarded to heirs appears payable.

Succession duty payable in estate of Thomas William WINN on cessation of his usufruct. I require Death Duties Affidavit from Administrator, sworn appraisement as at 20 May 1941 of the 2 properties in his estate. My reference number is 32778. This was not attended to in 1941.

Mrs. SIM being still alive there are no duties now payable on her and children's interests in the matter.

LETTER FROM RUSSELL AND MARRIOTT TO MASTER, SUPREME COURT, PIETERMARITZBURG DATED 10 DEC 1948 RE. ESTATE WILLIAM WINN NO 234/34 AND T.W. WINN NO 32778

The necessary valuation is being obtained in Estate T. W. WINN as at 20 MAY 1941. Preparing Death Duty account as at date of death of Wm. WINN. Half estate was dealt with in account dated 12 SEP 1910 in estate of Elizabeth WINN (no. 10/36) and the other half in account dated 3 JUN 1941 in estate of Wm. WINN.

Do you require separate Death Duty accounts or can we combine them in view of the Family Agreement dated 13 AUG 1910 under which E. J. and Steward SIM receive a payment of £450 in settlement of their claim and also subsequent Agreement of 29 OCT 1910, registered with Deeds Office on 1 NOV 1910 (Misc. Reg. No. 15/1910)? The second agreement refers to the settlement of £450 in favour of E. J. and S. SIM and in it the remaining heirs renounce all claim under the intestate Estate of Elizabeth WINN in favour of the Executors of Wm. WINN to be administered by these Executors as if it had all formed part of the Estate of Wm. WINN.

LETTER FROM MSC PMB TO R AND M DATED 14 DEC 1948 RE. ESTATE WM. WINN

Upon liquidation of estate E. WINN (No. 10/36) the portions of the heirs who died after her were paid out and the portions of the 4 surviving children were retained by the Administrator in estate W. WINN (No. 234/34) i.t.o. Family Agreement. Administrator to hold entailed assets subj. to provisions of his will.

No succession duty due on awards to estates E. J. and S. SIM because they received their portions out and out at that time.

The children of late T. W. WINN and Mrs. A. E. SIM grandchildren of deceased are liable to succession duty now as they now all succeed to the nude dominium in estate late W. WINN (no. 234/34). In estate late T. W. WINN (No. 23778) his children are liable to succession duty upon the cessation of his usufruct interest.

LETTER FROM R & M TO MSC PMB DATED 25 APR 1949 RE. ESTATE WM. WINN, NO 234 VOL 34/714

We are arranging for the reporting of estate of late Mrs A. O. WINN.

LETTER FROM R & M TO MSC PMB DATED 21 MAR 1949 RE. ESTATE WM. WINN NO 234/34

Late Mrs. A. O. WINN has acquired interest in the property.

C. A. WINN, who is in employ of Durban Corporation to communite with his brother, Mr. A. H. WINN, a farmer at Rosetta, asking who they want appointed as Executor to complete administration of estate T. W. WINN as Mrs. A. O. WINN was Executrix Testamentary.

LETTER FROM MSC PMB TO R & M DATED 28 MAR 1949 RE. ESTATE LATE W. WINN

Succession duty statement appears in order.

Late Mrs. A. O. SIM's estate has not been reported.

LETTER FROM MSC PMB TO R & M DATED 30 JUN 1949 RE. ESTATE LATE WILLIAM WINN

Enclose herewith Notice of Assessment of Succession Duty and Receipt No. 130703 for £3.13.4.

NOTE FROM MARRIOTT & GUILLOD FOR RECEIVER OF REVENUE UNDATED

WINN d. 30 JAN 1909, properties subject to usufruct of T. W. WINN reflected Executor's Accounts at value £180

(1) Sub 2 of 20 of Wentworth = 8a 2r 25.792p.

(2) Sub 1 of A of 18 of Wentworth = 3a 2r 21.752p.

Total area of property = 12a.1r.17.544p = 12.2971 acres.

Union Government Expropriated 1.10.1942

Sub 1 of 2 of 20 = 1.7215 acres

Sub 1 of 1 of A of 18 = 0.3238 acres

Total area of property = 2.0453 acres

Balance of property remaining = 10.2518 acres

Rem. 2 of 20 = 6.9397 acres

Rem. 1 of A of 18 = 3.3121

Total remaining area of property = 10.2518 acres

10.2518/12.2971 x 180 = 150.0617

Proportionate value of remainder = £150.1.3d.

LETTER FROM MARRIOTT AND BRODIE TO MSC PMB DATED 26 SEP 1953 RE. ESTATE WM. WIMM NO 234/34/714

Transfer of immovable property to members of Sim family was registered under Deed of Transfer No 10046/1949 on 29 DEC 1949 and T. W. WINN family on 9 FEB 1953 under Deed of Transfer no 1113/1953. Refer Messrs. R. F. MORCOM & Co. Completes estate.

LETTER FROM MSC PMB TO MARRIOTT & BRODIE DATED 30 SEP 1953 RE. ESTATE W. WINN

Kindly request Messrs. MORCOM & CO. to exhibit Title Deeds to me.

Y. DROST, 10 NOV 2010

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