Mary Ann LAUNDER (1853-1943)

Family Stories > 5th GENERATION > George W. Launder's Family

10. Mary Ann Launder (1853 - 1943)

Spouse : John Jeffrey (C1856 - 1925)

1. Nola Irene Warren

2. .... George Ernest Edward Warren & Iris Ella Ford

3. .... .... Leonard Leslie Warren & Burdett Launder

4. .... .... .... Roberts Launder & Mary Burdett Salisbury

5. .... .... .... .... George William Launder & Sarah Gardiner (Roberts)

... Children - 1 Eleanor Ann Launder & John Collins

2 William Launder & Sarah Moody

3 George Launder & Jane Walker
4 Sarah Launder & William Smith

5 Thomas Howard Launder & Emily Wood
6 Amy Launder & George Wells
7 Jane Launder & David Douglas
8 Roberts Launder

9 Harold James Launder & Georgiana Barnes
10 Mary Ann Launder & John Jeffrey
11 Unnamed Female Launder

Mary Ann Launder

Born                  1854 in Hawthorn, Victoria
Father               George William Launder
Mother              Sarah Roberts (Gardiner)

Marriage           1892, June 22 at St. Paul's Cathedral, Melbourne
Spouse             John Jeffrey (C1856 - 1925)

Residences      1892 - "Fernshaw", Hotham Street, Elsternwick, Victoria
                        1903 - Normanby Road, Balwyn, Victoria (with John Jeffrey, Builder)
                        1914 - Burwood Road, Hawthorn, Victoria (with John Jeffrey, Builder)
                        1919 - 202 Hotham Street, Hawthorn, Victoria (with Cyril Edgar Jeffrey, Electrician)

1924 - 7 The Avenue, Prahran, Victoria

Death               1943 at Blackburn, Victoria
Age at Death    89 years
Burial

Children            1. Cyril Edgar Jeffrey (C1894-1970)

Mary Ann Launder

1853 - Birth

May 8, 1853 was the date of the birth of Mary Ann Launder (daughter of George and Sarah Launder) in Boroondarra (Hawthorn), Victoria

1855 - Death of Father, George William Launder

June 20, 1855 Mary Ann Launder was 2 years old when her father, George William Launder died in Hawthorn.

1857 - Return to England, Kent

In September, 1857, two after the death of her father, George Launder, Sarah, then aged 39 years, took her five youngest children - Amy, 11 years, Henry (Harold), 5 years, Mary Ann aged 3 years, Jane aged 9 years and Roberts, aged 7 years back to London, sailing on the ‘Essex’. They stayed in England for about 3 years before returning to Australia in February, 1861 on board the ‘Norfolk’.

John Jeffrey

John Jeffrey came from Wilton in Wiltshire. His grandparents were John and Jane Jeffrey and his father was Elias Jeffrey who married Jane Jeffrey (perhaps a cousin) in 1838. Elias and Jane left Wiltshire around 1845 and settled in Adelaide in South Australia where several births took place.

His wife, Jane Jeffrey died in 1856 leaving some very young children. Elias then moved to Victoria and married again in 1859 to Elizabeth Thompson. After his second wife's death, Elizabeth, Elias married for a third time in 1873 at Emerald Hill to Ann Strange Marks. Elias and Ann had one child, Jemima Strange Jeffrey, who was our John Jeffrey's half-sister. Elias died in 1882 in St. Kilda.

Now to John Jeffrey - the first woman with whom John Jeffrey had children was Emma Selina Sarrington (born 1853 in Kettering, UK).

Emma Sarrington and John Jeffrey had four children. They were -

Frederick William Jeffrey born in Corowa, NSW in 1879 on March 7. He died in 1929.

Arthur Hector Jeffrey, born 1880 in Carlton, Victoria. He died aged 4 years in 1884.

Florence Maude Jeffrey who was born in 1882 in Fitzroy, Victoria, and died in 1883

Robert Young Jeffrey who was born in 1883 and died in 1954 aged 71 years.

So, John Jeffrey had two surviving children from the relationship with Emma Selina Sarrington - Frederick William Jeffrey and Robert Young Jeffrey.

Did John Jeffrey marry Emma? If there was a marriage ceremony, it was worthless because Emma had already married In 1874 to Harry (Henry) Ireland in Nagambie, Victoria. And on April 2, 1877 their daughter Edith Emily Ireland was born in Rutherglen. (Source : Victorian Births and Marriages). Emma was eventually returned to her husband and child.

John Jeffrey's next relationship was with Catherine Hart. She was the daughter of John William Hart and Clementine Cath Westroft and had been born in 1850. Catherine and John Jeffrey had two children -

Florence Amelia Jeffrey, born in 1884, and she died in Armadale in 1958

John Elias Jeffrey, born in 1887. He died in Preston in September, 1973. He married Daisy Florence Rice in 1911.

Their mother, Catherine Hart died in 1890, aged 40 years. Did he marry Catherine? The death record for Catherine had her name recorded as "Cath Jeffrey", so ......

However, we now know that John Jeffrey had many siblings, plus a step-sister, Jemima Strange Jeffrey and at this stage, he has four surviving children from two mothers - Frederick William, Robert Young, Florence Amelia and John Elias.

Following the death of Catherine Hart in 1890 and with her children aged only 6 and 3 years, John Jeffrey married Mary Ann Launder.

Mary Ann Launder and John Jeffrey - Their life Together

1892 - Marriage

MARRIAGE
JEFFERY - LAUNDER
On the 22 June, 1892 at St. Paul's Cathedral Melbourne by Canon Vance, assisted by the Rev. G.F. Cross, John Jeffery of Punt Road, South Yarra to Mary Ann Launder (Annie) of "Fernshaw", Hotham Street, Elsternwick, youngest daughter of the late George and Sarah Launder, formerly of Hawthorn.
Source : The Argus newspaper, June, 20, 1892

1894 - Birth of Son, Cyril Edgar Jeffery

Mary Ann and John Jeffery's first and only child was born in 1894 in Elsternwick.

1887 - Supreme Court - Launder V Collings

Alone amongst her siblings, Mary Ann took her brother-in-law, John Collings, to court over what she saw as the unlawful distribution of assets and monies from the wind-up of her father's estate. Here is a brief discussion of the background, the agreements and the actions that led to the court case.

The Basis of the action by Mary Ann Launder against her brother-in-law, John Collings -

Mary Ann Launder wanted -

an account of the property at Hawthorn of which Collings was trustee,
to have the court set aside the purchase of property he had made for himself

Background -

George Launder died in 1855, leaving his wife, Sarah, all his real and personal property for her life, and at her death to be divided amongst his family - Amy (Mrs. Wells), Eleanor (Mrs. Collings), Sarah (Mrs. Smith), Thomas, Jane (Mrs. Douglas), Roberts, Mary Ann (the plaintiff), Harry, William and George.

The property consisted of a large block of land at Hawthorn.

The Agreements -

On June 12, 1876, the widow, Sarah, conveyed by deed to John Collings absolutely her life estate for the alleged sum of £500. This sum was never paid to her.
By June 13, 1876, the shares of Mrs. Wells, William and George had become vested in John Collings.
By a deed dated June 13, 1876, John Collings and the other beneficiaries, joined in conveying the land at Hawthorn to John Collings upon trust for sale. After the sale, the proceeds after payment of costs and expenses in trust to Collings were to be distributed to the other beneficiaries.
On April 22, 1897, an agreement between all the parties to the deed of June 13, 1876 agreed to pay to Sarah, the widow, a sum of 30/- (30 shillings) per week during her life in lieu of the £500 expressed in the deed of June 12, 1876.

The Action -

The action brought by Mary Ann Launder, one or the beneficiaries, claiming execution of the trusts of the deed dated June 13, 1876.

Also to set aside a purchased by Collings of Lot 1 of the lots into which the Hawthorn land was divided on the grounds that as a trustee for sale he could not purchased from himself.

The Arguments -

After execution of the deed of June 13, 1876, the land at Hawthorn was surveyed and subdivided into lots for sale. Successive sales were made and from to time the beneficiaries had meetings at which statements of accounts were submitted to them by Collings.

Portions of money from the sales were invested by Collings to constitute a fund to provide for the payment of the 30/- (30 shillings) a week to Sarah, the widow. Out of the residue, payments on account were from time to time made by Collings to the beneficiaries.

At each of these payments, all parties signed a document which read - "We the undersigned do hereby admit to have received from John Collings of Hawthorn in the colony of Victoria, grocer, the sum of money set opposite to our respective names in the schedule hereunder written, and in consideration thereof do hereby release and discharge the said John Collings of and from all actions, recoverings, claims and demands whatever, for by reason or on account of the sale by him of part of 10 acres of land being part of Crown portion 65, parish of Boorandarra at Hawthorn, county of Bourke."

On March 19, 1886, a meeting of the family, was held at which Mary Ann Launder was not present. A balance sheet was presented by Collings. This showed a balance of £3,252/12/ 5d. in credit in the bank. The sum of £408/8/-d. was then payable to each of the beneficiaries.

Shortly after this, Collings called on Mary Ann Launder and offered to pay her £408/8/-d. on her signing a release which he produced. This release was different from those from time to time previously signed - it was a release of all accounts, claims, etc. on account of the sale of the whole of the land and also - ".... and we do hereby admit that we have no further claim whatever against the said John Collings, except as to the moneys he has invested or is to invest to secure the allowance to our mother during her lifetime."

Mary Ann Launder refused to sign, saying that she wished the accounts audited and also repeating her objection she had previously made regarding the purchase by Collings of Lot 1. Collings then refused to pay Mary Ann Launder the £408/8/-d, and subsequently handed to his solicitor a cheque for that amount together with the release with instructions not to give the cheque until the release was signed.

Mary Ann Launder later offered to give a simple receipt for the money - but this was refused by Collings' solicitor.

Collings' counsel admits Mary Ann Launder was entitled to accounts, but only dated from the last release signed by her.

Mary Ann Launder's counsel argued considering the circumstances under which these releases were from time to time signed and their indefiniteness and the fact that the accounts had never been audited in any way, Mary Ann Launder was entitled to have of the accounts of the trust audited.

The main question was whether Mary Ann Launder is entitled to have the purchase by Collings of Lot 1 set aside on the grounds that it is a purchase to himself, from himself.

The arguments regarding the sale and purchase of Lot 1 -

On June 9, 1882, a meeting of the family was held at which Collings produced and read a balance sheet on which appeared an item - "Sale of Lot 1 - Toon, £360." Mary Ann asked about the sale and remarked that it had been sold too cheap. Collings then said that he was Toon and he purchased it in another name to gain title.

Collings said he paid £6 per foot for Lot 1. He said if any of those presented wanted to buy it back from him at that price, plus costs, he would sell it. No member accepted the offer. It is not clear whether any of them were in a position to buy.

At another family meeting on March 19, 1886 at which Mary Ann Launder was not present, the purchase of Lot 1 was again raised, but no-one then present objected to the sale. Collings there and then wrote on the back of the final release - "the question of legality of J. Collings being the purchaser of Lot 1 was mentioned, he being the trustee. We consider that the purchase was fair and just, whatever the law may be." This was then signed by all beneficiaries, except Mary Ann Launder, as she was not present at the meeting.

When Collings visited Mary Ann and requested her to sign the release before he would pay her the £408/8/-d., the additional note about the question of legality of J. Collings being the purchaser of Lot 1 on the back of the release was never shown to her, it being expressly concealed from her.

Collings then admitted that the purchase of Lot 1 by him cannot be supported as a purchase by him from himself, but it was argued that what took place at the meeting of June 9, 1882 practically amounted to the purchase by him from other members of the family and not from himself.

The Judgement -

It was held that the evidence satisfied the case that Mary Ann Launder had not agreed to the purchased by Collings from Collings. She is therefore entitled to object to this purchase as a breach of trust by Collings. However, as the other beneficiaries have expressed their satisfaction with the purchase by Collings from himself, it is not necessary to order that the purchase be set aside, especially as Collings desires to retain his purchase and the other beneficiaries are not objecting.

This judgement was based on precedence in the case of McGill V Fisken wherein there was a suit by one partner to set aside a sale of partnership property at a lower price than that authorised by the plaintiff. The sale was not set aside but it was directed that payments be made to the plaintiff of the difference between the sum sold and the sum authorised. In that case, the plaintiff's co-partners were made defendants.

The case of Launder V Collings differs from the McGill case as the other beneficiaries are not parties to the action. Nevertheless, the judge declared that for abundant caution, the judgement shall be without prejudice to their rights, if any.

Another question has arisen as to the trusts of a portion of the proceeds of the sale of the land which has been retained by the defendant and invested to secure the payment of 30/-d. a week to the testator's widow. I do not, however, see any necessity for any declaration as to this. The amount invested will appear upon the accounts when taken, and the parties entitled to it are those beneficiaries interested in the land , and in the same proportion. If necessary, a declaration can be made as to this on further consideration when the amount invested is ascertained.

Declare that the judgement is without prejudice to the rights, if any, of the parties to the indenture of 13th June, 1876, not parties to this action. Judgement was also reserved on consideration and costs.

This is a very brief summary of the Law Report which appeared in The Argus newspaper on Tuesday, September 27, 1887. I have been unable to find any further concluding judgement on the case.

1903 - Residence, Mary Ann and John Jeffery

Normanby Road, Balwyn, Builder and Home Duties

1914 - Residence, Mary Ann and John Jeffery

Burwood Road, Hawthorn, Builder and Home Duties

1917 - Silver Wedding Anniversary

JEFFERY - LAUNDER
(Silver Wedding). On the 22nd June, 1892 at St. Paul's Cathedral, Melbourne, by Canon Vance, assisted by the Rev. Cross, John Jeffery of Punt Road, South Yarra to M.A. (Annie) Launder, "Fernshaw", Hotham Street, Elsternwick, youngest daughter of the late
George Launder, Sarah Launder, formerly Hawthorn. Present Address, "Fernshaw", Elsternwick.
Source : The Argus, June 22, 1917

1919 - Residence, Mary Ann and John Jeffery

202 Hotham Street, Hawthorn, Electrician and Home Duties

1924 - Residence - Mary Ann

7 The Avenue, Prahran

1925 - Death of John Jeffrey

At the age of 69 years, he died on September 26 in 1925 at Creswick in Victoria and was buried in the Creswick Cemetery.

1925 - Estate of John Jeffery

STATUTORY NOTICE TO CREDITORS
Persons baring claims against the estate of John Jeffery, late of 42 Swan Street, Richmond in the State of Victoria, Gentleman, deceased, who died on the 26th day of October, 1925. and probate of whose will was granted by the Supreme Court of Victoria in its probate jurisdiction on the fourth day of February 1926 to John Elias Jeffery of 599 High Street, East Kew, and Cyril Edgar Jeffery of "Glenaudlyn", Beach Road, Black Rock in the said State are hereby required to send particulars in writing of such claims to the said executors, care of W.R. Vale, 443 Chancery Lane, Melbourne, solicitor on or before the 27th day of April 1926, after which date the said executors will proceed to distribute the assets of the said John Jeffery, deceased .....
Source : The Age, March 18, 1926

1943 - Death of Mary Ann Jeffrey, nee Launder

Mary Ann Jeffrey died in 1943 at Blackburn, aged 89 years.

Grandchildren of George William Launder and Sarah Roberts (Gardiner)

Children of Mary Ann Launder and John Jeffrey

1. Cyril Edgar Jeffrey

Born                 About 1894
Father              John Jeffrey
Mother             Mary Ann Launder

Married            1931
Spouse            Susan Elizabeth Hamilton (c1898 - 1970)

Born C 1898 Mitta Mitta, Victoria
Father Richard Montague Hamiltoon
Mother Rose Hurley
Death 1970
Age at Death 72 years
Burial Box Hill Cemetery, Victoria

Occupation      Mechanic; Electrician; Manager

Residences     1936 - 172 Beach Road, Black Rock;, Victoria
                       1919 - 202 Hotham Street, Hawthorn (with Mary Ann Jeffrey, nee Launder)
                        1943 - 63 High Street, Echuca, Victoria

Death               1970 in Victoria
Age at Death    76 years
Burial                Box Hill Cemetery, Box Hill, Victoria

Children           1. George Montague Jeffrey

Born
Father Cyril Edgar Jeffery
Mother Susan Elizabeth Hamilton
Marriage 1959 in Victoria
Spouse Carol Joan Ruddiman
Residence 1979 - 63a Hudson Parade, Clareville
Occupation Television Technician (invalid pensioner)
Bankruptcy 1979
Death

1924 - Stolen Dinghy

BLACK ROCK
JEFFREY, CYRIL E., electrician, Beach Road, Black Rock, reports stolen from the beach at Black Rock a 13 ft. dinghy, painted blue to water-line, varnished above water=line, blue on inside. 5ft. beam. Value £30
Victorian. Australian. Police Gazettes 1855 - 1924

1924 - Boat Builder Assaulted

BOAT-BUILDER ASSAULTED. - Damages Awarded.

Before Mr. D. Grant. P.M., and Messrs Gibbs, Farrant, Hartsman, Collier, Knott, and Grace, J.P.'s, at the Sandringham Court on Wednesday. Cyril Edgar Jeffrey, electrical contractor, of Beach road, Black Rock, was charged with having unlawfully assaulted John Adams, boat-builder, of Sandringham, on August 31. Adams claimed damages from Jeffrey.

Dr P. D. Fethers, of Black Rock, said that he examined Adams, who was suffering from shock. His right eye was blackened and nearly closed. His face was cut, and there was a wound above the left eye. His lower lip was swollen, and two teeth were missing.

John Adams said that while he was working on a boat on the beach Jeffrey asked for his boat. Without waiting for an answer Jeffrey punched him, and dragged him to a bathing-box, where the assault was continued. He was left in a semi-conscious state. He reported the occurrence at the Black Rock police station.

Constable Davey said that Adams was in a highly nervous state, and showed signs of assault. Jeffrey told witness that Adams had taken one of his boats to sea and sunk it. Roy Marshall Hoffman, contractor, of Stanley street, Black Rock, said that Adams attempted to kick Jeffrey. A fight ensued, and Adams was knocked down. He got up and walked to a bathing box.

Cyril Edgar Jeffrey said that on going to the beach on August 31 he missed one of his boats. He met Adams, and asked him if he had seen the boat. Adams replied that he did not want to have anything to say to a man like witness. They fought. Subsequently Adams returned, accompanied by Constable Davey, and complained of having been assaulted. He had lost a tooth and received a severe kick on the shin.

Mr. Grant said that it was evident that Adams had been assaulted in an unnecessarily severe manner. Jeffrey was fined £5, in default one month's imprisonment, and was also ordered to pay Adams £16 damages, with £7 8/6 costs.
Source - Argus (Melbourne, Vic. : 1848 - 1957), Thursday 11 September 1924, page 4