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1833 - 1926 (93 years)
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Name |
John Bell BENNETT |
Born |
1833 |
Courtmacsherry, Lislee, County Cork, Ireland |
Christened |
12 Jun 1833 |
Courtmacsherry, Lislee, County Cork, Ireland [1] |
Gender |
Male |
Court |
3 Mar 1926 |
Adelaide, South Australia, Australia [2] |
A NONAGENARIAN PLAINTIFF.
Before Mr Justice Poole in the Civil court on Wednesday, John Bell Bennett, of Naracoorte, brought an action against his son, Patrick Bennett, to set aside the transfer of a farm. The plaintiff alleged fraud, misrepresentation, and undue influence against the defendant. The plaintiff stated that he was 93 years of age. Up to November 16, 1923, he was the registered proprietor of 1,153 acres of land near Naracoorte known as Bellvue, and owned 1,200 sheep and other live stock, and also plant, farming implements, and tools. On March 26, 1923, he alleged that he had been induced by fraud to sign an agreement of that date that he would not alter his will, and that on November 16 he had been further induced to sign an agreement and transfer whereby he assigned to the defendant all his farm, stock, plant, and implements, in consideration of the defendant agreeing to provide him with a home for the remainder of his life, and £200 a year. On November 10, 1924, the defendant ordered the plaintiff to leave the farm and refused to allow him to live there. The plaintiff claimed a rescission of the contract and a declaration that the agreements were void, and a return of the farm and the stock and implements, and an account of the proceeds of the farm since November. 1923. The defendant denied all the allegations of fraud, misrepresentation, and undue influence, and alleged that the agreement and transfer were signed after the plaintiff had had competent and independent advice, that he voluntarily left the farm, and that the defendant was willing to carry out the agreement. Mr W. A. Rollison, with Mr H. G. Alderman, appeared for the plaintiff. Mr G. C. Ligertwood represented the defendant.
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Funeral Service |
1 Apr 1926 |
Adelaide, South Australia, Australia [3] |
FUNERAL NOTICES.
BENNETT.-- The Friends of the late JOHN BELL BENNETT are respectfully informed that his Remains were Removed by Motor from E. Hennigs, Undertaker, on THURSDAY, for Interment at Narracoorte on Saturday.
E. HENNIGS Undertakers.
PLATT BROS.,
92'3
1926 'Family Notices', The Register (Adelaide, SA : 1901 - 1929), 2 April, p. 2. , viewed 15 May 2016, http://nla.gov.au/nla.news-article55021226
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Died |
1 Apr 1926 |
Adelaide, South Australia, Australia [4] |
Buried |
3 Apr 1926 |
Naracoorte, South Australia, Australia [5] |
- Section:1 NARACOORTE - OLD SECTION
Plot/Grave/Niche: 223
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Obituary |
13 Apr 1926 |
Adelaide, South Australia, Australia [6] |
The Advertiser |
Mr. John Bell Bennett, whose death, at the age of 94, occurred while on a visit to the city during Easter, was one of the pioneer settlers in the South-East. He took up a farm there when the lands round Millicent were first drained. He came out from Ireland as a lad, and after living successively in Adelaide, Kapunda, and Kadina he went to the South-East where he became a successful farmer and grazier, purchasing in later years land on the Moy Hall estate. A few years ago he paid a short visit to the old country. He was, until a year or so ago, in possession of all his faculties, and was, for his age, wonderfully active and observant. He left a family of five sons and two daughters, the eldest being Mrs. Kain, of Victoria. Other members of the family are Mrs. C. T. Barker, of Narracoorte, and Messrs. William (Narracoorte), James (Adelaide), Edward (Melbourne), and Patrick Bennett (Narracoorte). There are also 40 grandchildren, 17 great-grandchildren, and 15 great-great-grandchildren.
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Obituary |
16 Apr 1926 |
Bordertown, South Australia, Australia [4] |
Border Chronicle |
DEATH OF OLD SOUTH-EASTERNER.-- Mr John Bell Bennett, who went to Adelaide a couple of months ago to appear as plaintiff in an action in which he sought to have a transfer of land and other property to one of his sons set aside, died while in the city on April 1, after the action had been adjourned for a settlement out of court. Deceased was 94 years old and the fact that at that age he was able to give evidence in a court caused him to be interviewed by city pressmen who were astonished at his remarkable mental condition, Mr Bennet was perhaps best known in Millicent where up to about thirty years ago, he passed the most active part of his life and took a great deal of interest in Local and State Politics. He kept up his keen interest in public affairs till his death. He had a large family and leaves five sons and two daughters, with 40 grandchildren, and 17 great grandchildren. Mr W. Bennett, who lived for many years in Bordertown, till five years ago, was a son of a deceased son. The body was taken for interment to Naracoorte where the deceased has passed his late years, and where he had carried on farming and grazing very successfully.
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Court |
30 Aug 1926 |
Adelaide, South Australia, Australia [7] |
FATHER AND SON
Farm Litigation Settled
Last March an action was begun before Mr. Justice Poole in the Civil Court by John Bell Bennett, retired farmer, against his son, Patrick Bennett, farmer, both of Naraccorte.
Plaintiff asked to have a certain transfer of Belle Vue farm to his son set aside upon the grounds of alleged fraud, misrepresentation, and undue influence.
Since the action had been begun plaintiff died, and the case was continued by his executor, Arthur Brown, branch company manager, Naracoorte.
This morning judgment was entered by His Honor by consent. Defendant was ordered to retransfer the farm to the executor, and to deliver to him all the stock, plant, and chattels now upon the property.
The executor was ordered to pay defendant £452.
Mr. W. A. Rollison appeared for plaintiff, and Mr. G. C. Ligertwood for defendant.
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Court |
3 Sep 1926 |
Adelaide, South Australia, Australia [8] |
TRANSFER OF FARM.
An action was brought before Mr Justice Poole in the Civil court last March by John Bell Bennett, retired farmer, Naracoorte, against his son, Patrick Bennett, farmer, Naracoorte. The plaintiff asked to have a certain transfer of "Bell Vue" farm to his son set aside, on the ground of alleged fraud, misrepresentation, and undue influence. Since the action started the plaintiff had died, and it had been continued by his executor, Arthur Brown, branch company manager, Naracoorte. His Honor, on Monday morning, gave judgment in the matter, by consent. The defendant was ordered to re-transfer the farm to the executor, and to deliver to him all the stock, plant, and chattels now on the property. The executor was ordered to pay the defendant £452/10/.
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Notes |
- A NONAGENARIAN
PLAINTIFF
Marvels of "Old-Young" Age, Mr. John Bennett's Feat.
To count time upon the usual principle of the years would seem to have its limitations. Particularly misleading then would be the instance of Mr. John Bell Bennett, of the south east, who, though in his ninety-fifth year, has come to Adelaide as plaintiff In a Court case.
Mr. Bennett still shows evidence of having been a sturdy, thick-set, vigorous build of man--the type who came out to the State in the early days--and literally hewed his way to success on the land. Accompanied by his daughter, Mrs. C. T. Barker--with whom he resides in the Narracoorte district--Mr. Bennett made the long trip of three-quarters of a day's journey by rail to Adelaide. Trouble over a family matter, concerning land transfer, has--according to his daughter--aged her father more in a few months than the previous 10 years had done.
When interviewed at West's Coffee Palace, on Thursday the active nonagenarian said:--"I am supposed to be 94 years of age, and, believe me, I didn't feel inclined to own up to that until lately. Now I feel just about 100. True it is that worry knocks you out quicker than work."
"Are you native born?"
"That I'm not," the reply, "though I begin to feel, after over 80 years of Australia, that I belong to it. My people lived in Cork, Ireland, but I was eager to see this young country that we heard so much about. One or two letters came to Cork about the chances offering to strong young people not afraid of a bit of hard-ship. This made me eager to have a try, too. So when I was of age I joined a boat, and came out. No mistake had been made about us having to rough it, but it was a healthy, open-air life, and the Government of those days wisely did all it could to help settlers. I moved about from the city to Kadina, on to Kapunda, back to the Adelaide district, and then down to the south-east. Some people thought I was foolish to keep going from place to place, but it was all experience. Then when I got to the south-east I liked the look of the country for mixed farming, such as we did at home, and decided to pitch my tent there."
A Serene Old Age.
Mr. Bennett spoke of ups and downs in those early days, and of the difficulties of transit. The district steadily forged ahead, however, and seemed likely to take an important position in the State. But, like so many other centres and ports, that group of coastal towns achieved a certain degree of success, and then gradually shrank back into a quiet, leisurely existence. By dint of working early and late, and purchasing land in different districts, the migrant succeeded in wresting an independence from the soil. With property in Mount Gambier, Port Mac-Donnell, Millicent, and Narracoorte, Mr. Bennett decided to retire from active proprietorship, and employed his son to watch his interests. His home, on the Moy Hall road, was given over to his son, and the owner went to live with his daughter, Mrs. Barker. Now, in the sunset of his life, he says the worries of litigation are proving almost too much for him, and every now and again, in the interview he would break off in his narrative to refer to the trouble.
"What is the extent of your family?" was enquired.
"There are five sons and two daughters," replied Mr. Bennett. "My oldest child is nearing 70. She is Mrs. Cain, of Victoria. Then there are William Bennett, of Narracoorte; James, of near Adelaide; Thomas, of Broken Hill; Eddy, of Melbourne; Patrick, of Narracoorte; and Mrs. C. T. Barker, with whom I now make my home at Narracoorte, a mile and a half out of the town."
Asked about other descendants, Mr. Bennett smiled and said, with Irish wit, that the family was well transplanted on Australian soil! There are about 40 grandchildren, about 17 great-grandchildren, and 15 great-great grandchildren. Mrs. Bennett died 14 years ago. The old gentleman has had to grudgingly give up all activities and general interests, but he still reads the newspapers, and takes an interest in world topics. His faculties are wonderfully preserved. [9]
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Person ID |
I9936 |
Colston & Wenck families in Australia |
Last Modified |
4 Apr 2018 |
Family |
Maria Ann BROWN, b. Dec Q 1837, Great Driffield, Yorkshire, England , d. 14 Apr 1912, Moy Hall, South Australia, Australia (Age ~ 75 years) |
Married |
9 Sep 1855 |
St John's Church, Kapunda, South Australia, Australia [11] |
- NARRACOORTE.
September. 11- Mr. and Mrs. J. B. Bennett celebrated the 50th anniversary of their wedding on Saturday last at their residence, Bell View, near Narracoorte, where they held a reunion of relatives. They were married at St. John's Church, Kapunda, by the Rev. Father Fallon, and had a family of 14 children, nine of whom are still alive, while there are thirty-four grandchildren. Mrs. Bennett was born in Yorkshire, and came to Australia with her father and three sisters in 1853. Her father is 94 years of age. Mr. Bennett was born in Ireland, and came to Australia in 1849. He has just lately returned from a trip to his native land. In 1861 Mr. and Mrs. Bennett came to reside in the Mount Gambier district, and carried on business as a farmer and grazier for twelve years. He then removed to the Millicent district, where he was engaged in farming and stock raising for twenty years. Mr. Bennett held several public positions, being a councillor and member of the Drainage Board. Twelve years ago he came to Narracoorte, and had followed grazing here ever since.
1905 'NARRACOORTE.', Chronicle (Adelaide, SA : 1895 - 1954), 16 September, p. 16. , viewed 26 May 2016, http://nla.gov.au/nla.news-article88149239 [10]
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Children |
| 1. Mary Margaret BENNETT, b. 14 Mar 1858, Kapunda, South Australia, Australia , d. 10 May 1932, Coleraine, Victoria, Australia (Age 74 years) |
| 2. William Patrick BENNETT, b. 3 Nov 1859, Kapunda, South Australia, Australia , d. 16 Mar 1938, Naracoorte, South Australia, Australia (Age 78 years) |
| 3. James BENNETT, b. 30 Jan 1862, Mount Gambier, South Australia, Australia , d. 12 Jun 1909, Broken Hill, New South Wales, Australia (Age 47 years) |
| 4. John Michael BENNETT, b. 8 May 1863, Mount Gambier, South Australia, Australia , d. 22 Feb 1921, Naracoorte, South Australia, Australia (Age 57 years) |
| 5. Eliza Bell BENNETT, b. 12 May 1865, Mount Gambier, South Australia, Australia , d. 3 Mar 1866, Mount Gambier, South Australia, Australia (Age 0 years) |
| 6. Thomas Bell BENNETT, b. 13 Jan 1867, Mount Gambier, South Australia, Australia , d. Yes, date unknown |
| 7. Catherine Bell BENNETT, b. 15 Mar 1869, Mount Gambier, South Australia, Australia , d. 1958, Naracoorte, South Australia, Australia (Age 88 years) |
| 8. Edmund Bell BENNETT, b. 20 Mar 1871, Attamura, South Australia, Australia , d. 24 Feb 1936, South Yarra, Victoria, Australia (Age 64 years) |
| 9. Ellen Eliza Bell BENNETT, b. 24 Mar 1873, Millicent, South Australia, Australia , d. 19 Nov 1895, Millicent, South Australia, Australia (Age 22 years) |
| 10. Patrick BENNETT, b. 15 Jul 1875, Mayurra, South Australia, Australia , d. Yes, date unknown |
| 11. Roger Bell BENNETT, b. 9 Feb 1878, Millicent, South Australia, Australia , d. 26 Jan 1895, Mount Gambier, South Australia, Australia (Age 16 years) |
| 12. Margaret Teresa BENNETT, b. 31 May 1880, Mayurra, South Australia, Australia , d. 1 Feb 1912, Adelaide Hospital, Adelaide, South Australia, Australia (Age 31 years) |
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Last Modified |
9 Jun 2017 |
Family ID |
F6130 |
Group Sheet | Family Chart |
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Event Map |
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 | Born - 1833 - Courtmacsherry, Lislee, County Cork, Ireland |
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 | Christened - 12 Jun 1833 - Courtmacsherry, Lislee, County Cork, Ireland |
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 | Court - 3 Mar 1926 - Adelaide, South Australia, Australia |
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 | Funeral Service - 1 Apr 1926 - Adelaide, South Australia, Australia |
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 | Died - 1 Apr 1926 - Adelaide, South Australia, Australia |
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 | Buried - 3 Apr 1926 - Naracoorte, South Australia, Australia |
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 | Obituary - The Advertiser - 13 Apr 1926 - Adelaide, South Australia, Australia |
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 | Obituary - Border Chronicle - 16 Apr 1926 - Bordertown, South Australia, Australia |
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 | Court - 30 Aug 1926 - Adelaide, South Australia, Australia |
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 | Court - 3 Sep 1926 - Adelaide, South Australia, Australia |
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Pin Legend |
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Sources |
- [S827] Ireland Roman Catholic Parish Baptisms, (finidmypast.com), Entry for John Bennett, baptised 12 Jun 1833, Lislee parish, County Cork.
- [S342] Australian Newspapers, National Library of Australia, 1926 'A NONAGENARIAN PLAINTIFF.', The South Eastern Times (Millicent, SA : 1906 - 1954), 9 March, p. 2. , viewed 15 May 2016, http://nla.gov.au/nla.news-article200995714.
- [S342] Australian Newspapers, National Library of Australia, 1926 'Family Notices', The Register (Adelaide, SA : 1901 - 1929), 2 April, p. 2. , viewed 15 May 2016, http://nla.gov.au/nla.news-article55021226.
- [S342] Australian Newspapers, National Library of Australia, 1926 'No Title', Border Chronicle (Bordertown, SA : 1908 - 1950), 16 April, p. 3. , viewed 15 May 2016, http://nla.gov.au/nla.news-article212864830.
- [S825] Naracoorte Lucindale Council, (www.naracoortelucindale.sa.gov.au), Naracoorte Cemetery.
- [S342] Australian Newspapers, National Library of Australia, 1926 'OBITUARY.', The Advertiser (Adelaide, SA : 1889 - 1931), 13 April, p. 17. , viewed 15 May 2016, http://nla.gov.au/nla.news-article46502761.
- [S342] Australian Newspapers, National Library of Australia, 1926 'FATHER AND SON', News (Adelaide, SA : 1923 - 1954), 30 August, p. 3. (HOME EDITION), viewed 15 May 2016, http://nla.gov.au/nla.news-article129738830.
- [S342] Australian Newspapers, National Library of Australia, 1926 'TRANSFER OF FARM.', The South Eastern Times (Millicent, SA : 1906 - 1954), 3 September, p. 3. , viewed.
- [S342] Australian Newspapers, National Library of Australia, 1926 'A NONAGENARIAN PLAINTIFF', Observer (Adelaide, SA : 1905 - 1931), 13 March, p. 11. , viewed 15 May 2016, http://nla.gov.au/nla.news-article166334382.
- [S342] Australian Newspapers, National Library of Australia, 1905 'NARRACOORTE.', Chronicle (Adelaide, SA : 1895 - 1954), 16 September, p. 16. , viewed 26 May 2016, http://nla.gov.au/nla.news-article88149239.
- [S365] South Australian Marriages, Registrations 1842-1916, (SAGS), District: Ade Symbol: A Book/Page: 24/158.
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