CHAPTER SEVEN

The Clients

INTRODUCTION THE ESTATE OF WILLIAM COLENSO The provision of legal services to a community carries with it a solemn responsibility. The duties of lawyers have recently been enshrined in New Zealand legislation for the fi rst time.870 Not surprisingly, they include the preservation of the rule of law and the administration of justice, the notions of independence, impartiality, fi duciary obligations, a duty of care and protection of client interests. None of this is new. All of this was part of the legal system in 1875 and these obligations were owed to clients to the same extent then as they are today. They formed part of the oath taken by new practitioners on their admission to the Bar. So in July 1875, when George Sainsbury appeared in his wig and gown for the fi rst time in the Supreme Court before Mr Justice Prendergast, he was making a solemn oath to carry on his practising life in accordance with those tenets. That applied to the fi rst of his clients such as the Napier Harbour Board,871 early settlers like Purvis Russell,872 and to ordinary residents including Mrs Roadnight.873 Since those humble beginnings, George Sainsbury, in association with the partners who joined and followed him, gathered a formidable range of clients over the years of practice in Tennyson Street, Napier. This Chapter touches on only a few of those client connections and is provided as an illustration of a practice which has been privileged enough to continue into the 21st century to serve clients in Hawke’s Bay and further afi eld. (C8_1): William Colenso. Image source: Google.

William Colenso was a client of James Wren Carlile, one of the earliest lawyers to practise in Hawke’s Bay. His last Will was executed on 18 September 1895 and was witnessed by J W 870 See Section 4 Lawyers and Conveyancers Act, 2006. Carlile and one John Hope who was described in the jurat as 871 See later in this Chapter. a “Law Accountant” and was most likely in the employ of J W 872 See Chapter 1 under the heading Hatuma Estate. Carlile at the time. William Colenso executed a Codicil fourteen 873 See Chapter 12 under the heading Centenary Celebrations and the speech Sir Owen Woodhouse gave at the Hawke’s Bay Club on that occasion. months later on 13 November 1896. That separate testamentary Mrs Roadnight was accused of slandering a Mrs Paling suggesting that instrument was witnessed by George Thomas Fannin, Secretary, she drank brandy at her boarding establishment instead of caring for her Education Board and Wilson Craig, “Bookseller of Napier”.874 fatherless children. George Sainsbury represented Mrs Roadnight and a Special Jury found in her favour in a verdict delivered in December 1875. See Hawke’s Bay Herald, 24.12.1875 for a full account. 874 The full text of his Probated Will is reproduced in Appendix 4. An

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William Colenso died on Friday 10 February 1899, was bur- ied in Napier Cemetery (Botanical Gardens) after Church on Sunday 12th February (at 3pm) and his Probate was granted on Wednesday the 15th February. It must have been a pressurised job for the confi dential clerk who was required to produce a handwritten facsimile of the Will and Codicil consisting of twelve pages of copperplate writing, Old English intitulement and a hand-coloured diagram within the space of five days (including Saturday which in those days was an ordinary work- ing day for legal offi ces, and Sunday which was not). Ordinarily Colenso’s own lawyer would have been asked to pre- pare the Probate Application, but for whatever reason, Sainsbury & Logan were instructed by the Executors and Trustees of the Estate (E W Knowles Proprietor of the Daily Telegraph and cli- ent of the fi rm, J B Fielder Accountant and C H Edwards, Gas Manager) to prepare the Probate Application for Colenso’s last Will (and Codicil) and act on the Estate. That accounts for the “Sainsbury & Logan” moniker on the backing sheet of the Probate Application, although by the time the Trustees were in a position to realise the Estate assets it appeared that Ridley Latimer Colenso (William Colenso’s son and heir) had asked Heathcote Williams (then a partner in the fi rm Williams & White) to take an active role on his behalf as will be seen from his draft pleadings in relation to the road-vesting issue he was required to negotiate with the Napier Borough Council.875 Heathcote Williams was not to join George Sainsbury and Francis Logan in partnership until 1 January 1900. He later became a partner contemporaneously with Francis Logan in (C8_2): Front page of the original Probate of William Colenso’s Will. The docu- the Hastings based fi rm of Logan Williams & White in 1902, a ment is notable for its combination of Old English and copperplate writing on foolscap goatskin vellum, sewn at the spine with green ribbon-like thread and stamped on the face of the document with ad valorem stamps affi xed to “Order of Probate” (or simply “Probate”) is granted to the Executors and the original Probate totalling £1851 3/- in stamp duty and then over-stamped Trustees of an Estate as public notice of their authority to act and of the offi cial contents of the last will of the deceased. Note that a Probated by the revenue offi ce. William Colenso died on 10 February 1899. Probate Will is a “facsimile” copy of the original Will. Then, as now, the original was granted fi ve days later on 15 February 1899. This would have meant that signed Will is attached to the original sealed Probate and is held and the confi dential clerks employed by Sainsbury & Logan had to reproduce a retained by the Court. The facsimile is for the Executors to show the copperplate facsimile of Colenso’s Will and Codicil (all twelve pages of it) benefi ciaries, banks, claimants and other third parties their authority including a hand coloured diagram of his property holdings (in Abbotsford to act on the estate.The Probate application is fi led in duplicate. The [Waipawa], Clive and Napier) for submitting with the Probate Application facsimile copy is fi led with the Registrar at the same time as the original and then stamped with the Court Seal and issued to the Executors as a in less than fi ve days in order for the Supreme Court to be able to issue out “true copy” of the original. In 1899, the only way to duplicate a will for the Probate through the Registrar’s Offi ce. According to the offi cial records, Probate purposes was to handwrite the entire document, in this case Colenso died on a Friday (10th), was buried on Sunday (12th at 3pm) and using a combination of Old English intitulement and copperplate writ- his Probate granted on Wednesday (15th). No wonder that his Executors ing. It was a requirement under the rules governing proper execution complained about the indecent haste with which Colenso’s eldest son Ridley of wills that the foot of each page was to be signed sequentially. That is why, throughout the text of the Probated Will, the reader will come Latimer Colenso sold the assets and wound up the Estate (see below). Image across words in brackets “(W. Colenso)”. This merely signifi es a page- source: HBMAG. end in the original Will or Codicil, much the same as page numbers are sometimes included in quoted passages of text, and should be ignored as part of the actual text of the Will, otherwise it will make no sense. This explains also why at page 5 of the Probated Will the attestation clause year after George Sainsbury had been lost overboard on the SS of the Will refers to “the eleven preceding sheets of paper” when there 876 appear to be only fi ve and again in the attestation clause of the Codicil at Monowai. page 8 it refers to “…this Codicil…contained in fi ve sheets of paper and William Colenso had lived and worked in the Bay of Islands numbering nine written pages..” where the front page of the Probated alongside Henry Williams, the very fi rst Church Missionary Will is the Order of Probate itself and not part of the original Will or Codicil. Society missionary to reside permanently in New Zealand. 875 See the handwritten draft Statement of Claim (later in this Chapter) They were both present and took an active role in the signing of prepared by Heathcote Williams and the legal opinions provided to him Tiriti o Waitangi.877 Colenso did not always see eye to eye with by his former colleagues at Bell Gully in Wellington. It will be noted that the abbreviation “W & W” appear on the backing sheet of the draft plead- ings which would signify that Heathcote was acting for young Colenso 876 See Chapter 1 under the heading Demise. in Heathcote’s capacity as a partner of Williams & White, Hastings. See 877 The Treaty of Waitangi, one of New Zealand’s important foundation doc- Chapter 3 under the heading Practice. uments signed in 1840. Williams translated it into Mäori from Hobson’s

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Henry Williams.878 Ironically, 59 years after the signing of the Treaty, Henry Williams’ grandson, Heathcote Williams,879 was instrumental in administering Colenso’s Estate. The documents probably came to be stored in the Sainsbury Logan & Williams strong room when Heathcote Williams became a partner and operated from the Napier offi ce before practising in the Hastings “branch” offi ce of Logan Williams & White in 1913. If they had been stored anywhere else they would most probably have been lost in the Hawke’s Bay Earthquake. William Colenso had led a full and colourful life as a missionary, clergyman, printer, explorer, botanist, politician, school inspec- tor, and writer.880 He had three adult children as at the date of his death – Frances Mary Colenso (born 1 February 1844), Ridley Latimer Colenso (born 23 September 1845) and Wiremu Colenso (born 28 May 1851). Neither of his sons had children of their own. His daughter Frances had nine. The legitimate son and heir was Ridley Latimer Colenso who permanently resided in Southampton, England.881 He came back to New Zealand following his father’s death and sold up the majority of the estate property.882 He was criticised by the executors and trustees (one of whom was the editor of the Daily Telegraph newspaper) who were determined:883 …not to make things pleasant for a legatee who has made haste (C8_3): Diagram page of the same document showing the location of William to dispose of his windfall…[and] Colenso’s landholdings. Image source: HBMAG. …if the Council can legally defy the tin thunder of Mr Colenso’s legal advisers they will do so…884 Colenso had a son (Wiremu) to a member of his household, Ripeka Meretene whom William and Elisabeth had brought with them to Hawke’s Bay from Paihia in December 1844. At the time, William and Elisabeth were living at Waitangi, Hawke’s Bay (on a small delta near Clive that was between the confl uence of the Ngaruroro and Tutaekuri rivers). Wiremu’s legal status in those days was as an illegitimate son and therefore he could not naturally take under the Will or lay claim to the Estate unless specifi c provision was made for him. The passages of Colenso’s Will dealing with his wife Elizabeth and his son Wiremu are poignant:885

draft and Colenso printed the invitations to the Chiefs (in Mäori) and the white settlers and British residents. See Caroline Fitzgerald (Editor), Te Wiremu – Henry Williams: Early Years in the North, Huia Publishers, Wellington, 2011, pages 315 and 317. 878 Ibid, page 237. 879 Born at Pakaraka in the Bay of Islands in 1859, the third son of John William Williams and Sarah Busby. See Chapter 3. 880 See A. G. Bagnall & G. C. Petersen, William Colenso: Printer, Missionary, Botanist, Explorer, Politician 1948, AH & AW Reed, Wellington. 881 There is a letter amongst the HBMAG papers from young Colenso (writ- ing from Southampton) addressed to Heathcote Williams dealing with aspects of the Estate. 882 Including his library of books which were reported in September 1899 to have been sold to Angus and Robertson of Melbourne: Hawke’s Bay Herald, 9.9.1899. See also Colenso Society Newsletters, July 2010, page 2. 883 Daily Telegraph, 18.1.1900. 884 Daily Telegraph, 8.3.1900 and see Colenso Papers, HBMAG, Series 3, Folder 6. 885 Pages 1 and 2 of his Probated Will respectively, refer Appendix 4. It is not for modern day observers to criticise the conduct of the protago- nists but it seems somewhat ironical for William Colenso to bequeath (C8_4): Backing sheet of the same document which shows “Sainsbury & a sum of money to his former wife as a “token of forgiveness”. It would Logan” as solicitors acting on the Probate application. Heathcote Williams was seem more fi tting in these emancipated times for him to have craved not to join the partnership until the following year. Image source: HBMAG. her forgiveness.

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I give and bequeath to my wife Elizabeth if living at the time of … my decease (she having left me against my wish and of her own Moreover, and in continuation of my special bequeathment accord in 1853 and I never having heard from her since that [namely, the donation of all his “dried plants…zoological and other year) the sum of One hundred pounds but merely as a token of wet natural history specimens” to the Hawke’s Bay Philosophical forgiveness, she having real property of her own. Institute] written on page 6 of this my Codicil should that not be … carried out (through the said Hawke’s Bay Philosophical Institute I give and bequeath to my natural son William Colenso born having become defunct or fallen into a state of inanition) then and brought up here in Napier and educated by me…at present in that case my desire and wish is that my three friends [Henry residing with his wife at Glen Trewithen in Penzance England Hill, Inspector of Schools, William Isaac Spencer Surgeon and the sum of two thousand pounds. James Wren Carlile Solicitor] therein named shall as early as may be convenient to them get all my dry specimens of plants in He changed these latter arrangements in his Codicil some 13 their present rough state of packages lots bundles and boxes well months later by revoking the £2000 bequest to his son Wiremu and truly securely packed in cases lined with tin and send them and replacing that with the sum of £500.886 to the Director of the Royal Botanical Gardens Kew London, all His philanthropic qualities shone through also in his Codicil necessary expenses arising therefrom together with that of freight 887 where he makes the following provisions: to London to be paid by my Executors and Trustees to this my And as I have on pages 5 and 6 of my said Will given and bequeathed Will and Codicil… to the Mayor and the Corporation of the [B]orough of Napier the The Hawke’s Bay Philosophical Institute was not in a state of sum of Five-hundred pounds to be by them invested as therein inanition at the time of his death and the £200 donation and stated for assisting poor prisoners on their discharge from the selection of botanical and zoological specimens, in fact, made Common Gaol in Napier. I now declare as my wish and devise their way into the possession of the Institute.890 in addition to what has already been written…that all prisoners Amongst his other legatees were his close friends R. Coupland on being so discharged shall be alike relieved and aided on their Harding,891 Dr Spencer,892 Augustus Hamilton, Henry Hill, leaving the said gaol whether such unfortunates may have been Reverend Robertshawe, Reverend Eccles and Reverend Hovell committed to gaol as vagrants or for any short period or term of (Dean of Waiapu and the Minister who married Francis Logan imprisonment.888 and Louisa Taylor in 1882),893 Peter Winklemann, Philip Dolbel … Snr, John Drummond and Sir Joseph Hooker.894 He even I give and bequeath to my friend R.C. Harding of Wellington printer all my printing materials including a small Albion printing English Lexicon but he apparently had never received the £300 payment press complete type new and old, printers cases, coloured inks as agreed. This fact is mentioned by R Coupland Harding in an obituary +c. +c and also my sole composing stick – with which I did so published by the Christchurch Press on 27 February 1899 and was obvi- ously a sore topic with Colenso to the end of his life. The obituary is much work both in England and New Zealand. reproduced in the Colenso Society Newsletters, April 2010, page 7. … 890 Transactions and Proceedings of the Royal Society of New Zealand, page 444, National Library. At the time of his death, the specimens were I give and bequeath to the Government of the Colony of New with a Mr Cheeseman (of Auckland) for classifi cation. Henry Hill had Zealand all my M.S.S. [manuscripts] of the Maori-English them returned to Hawke’s Bay where they were then offered up to the Lexicon on which I was formerly occupied for them together Government on loan for display at the Colonial Museum. They were delivered in 1905. Whilst on display there, they came to be mixed up with all Maori letters and other M.S. [manuscripts] pertaining and separated from their tags containing the descriptive detail. That to the same (a large quantity) excepting however all official was reported in 1937 to Mr Bruce Hamlin Curator of Botany at the correspondence with the Government respecting the said work: National Museum of New Zealand. In 1947 the whole set was sold to the Dominion of New Zealand by the Royal Society of New Zealand Provided Always that they…fi rst pay to my Executors the sum (Hawke’s Bay Branch) for a sum of £100. Bruce Hamlin then worked of Three hundred pounds long owing to me for work done for on preparing a revised itinerary and research notes until his death in the Government and outlays made by me in connection with the 1976. Both the notes and the specimens are now located at Te Papa, same as stated by me in my letters to the Government of June Wellington: refer Ian St George (Comp), Colenso’s Collections, The New 889 Zealand Native Orchid Group Inc., Wellington, 2009. Kew Gardens has 30th and August 16th 1886. a number of letters from Sainsbury & Logan in relation to Colenso’s leg- acy to Sir Joseph Hooker. 886 See page 7 of his Probated Will. Apparently, William Colenso regularly 891 A publisher from Wellington who received £100, with another £100 sent money and assisted his natural son in many other ways includ- in trust for Harding’s son and Colenso’s namesake, William Colenso ing the provision the property in Penzance at a peppercorn rental. It Harding. For a list of others who took on Colenso’s name see the Colenso is likely that he took some recent inter vivos gifts into account (namely, Society Newsletters, April 2010, page 11: [email protected] gifts made whilst Colenso was still alive) when preparing and executing 892 William Isaac Spencer was an army surgeon and came to New Zealand his codicil. with the military who fought in the second Mäori war and settled in 887 At page 8 of the Probated Will. Napier. He became Napier Borough Council’s third mayor. The Cyclopedia 888 Note that Colenso spent time with Kereopa Te Rau in Napier Gaol and of New Zealand [Taranaki, Hawke’s Bay and Wellington Provincial Districts], unsuccessfully pleaded with the authorities for clemency before Te Rau The Cyclopedia Company Limited, Christchurch, 1908, page 311, avail- was hanged for the murder of Reverend Volkner. This is all the more able from: www.nzetc.org He in fact predeceased William Colenso by startling for the fact that Reverend Volkner belonged to the Church two years, dying in 1897 at the age of 65 years (however, his legacy of Missionary Society, for whom Colenso went to serve when he left £100 was not made subject to him surviving Colenso). England in 1834. For a fuller account of the fate of Kereopa Te Rau, see 893 See Chapter 2under the heading Marriage and In-Laws. Chapter 8 under the heading G E Lee. 894 Pages 1 and 2 of his Probated Will. Kew Gardens has a number of let- 889 Colenso had been engaged by the (then) Government to translate and ters from Sainsbury & Logan on behalf of the Executors in relation to print a body of work which was to become a fully published Mäori- Colenso’s legacy to Sir Joseph Hooker. Ian St George (Comp), Colenso’s

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(presumably) Wiremu Colenso. An opinion was sought on the question and on the liability of the Executors and Trustees of the Estate for duty that might be payable in England.900 Ridley Latimer Colenso sold the land, which now forms part of Colenso Ave and May Ave. He did so by auction. He had the land surveyed into Lots. The road width was a narrow one and the surveyor did not anticipate the Napier Borough Council’s reaction. The auction was held. The Lots were sold. At the point where young Colenso required the Council to take over the ownership and maintenance of the road (Colenso Ave) the Council refused. It said that it would not do so because the road was too narrow. Apparently there was also an issue about spoil falling onto the road if the widening work was completed by Council which would render the Council liable for any resulting damage to neighbours or property. Council had a minimum width requirement of 40 feet. Moreover the Council contended (C8_5): Excerpt from Transactions and Proceedings of the Royal Society of that it was not even legally possible for the road to be vested in New Zealand, page 444. its (then) state. Colenso argued that the area taken to provide a proper road width would have consumed an additional fi ve acres out of a total of 30 acres sold to private persons. Colenso having already sold the Lots was well and truly on the horns of recognises his faithful old servant Robert Anderson with a sum a dilemma because he could not then turn around and transfer 895 of £50 “…if residing with me at the time of my decease…” the Lots to the original purchasers in a different confi guration William Colenso was also keen to relieve the poor from misery containing less land than they had bargained for. He was well and suffering by bequeathing a sum of £1000 to be held by the and truly stuck. Mayor and Corporation with the annual income to be “…fairly His dilemma is best described in draft correspondence on the divided on the fi rst day of July in every year after my decease subject prepared by Heathcote Williams:901 among twenty (or more) of the poorest families of the said Borough of Napier…”896 After approval…after work practically completed, after [being] sold and made liable to 29 purchasers [Hoadley & Co were the He requested that he be “…buried in the most simple and Auctioneers]…Council withdrew assent unless all sorts of new inexpensive manner…”897 It is reported that he in fact had a and onerous conditions are complied with… very modest funeral which was not attended by anyone from his immediate family. He could not get the Borough Council to take over the long- term maintenance of the road. Draft pleadings were prepared The estate duty of £1851/3/- was a signifi cant sum of money. It by Heathcote Williams and an opinion was obtained from Sir arose out of the present-day value in 1899 of his extensive land- Francis Bell KC of the fi rm Bell Gully Bell & Myers. Sir Francis holdings which are all listed in his Probate Inventory. Colenso Bell was one of Heathcote Williams’ former colleagues and had purchased a tract of land on Napier Hill (now Colenso Ave) close friends.902 and named one of the intersecting roads “Hooker Terrace” (now Hooker Ave) after his life long friend and correspondent J D On 14 November 1876 Colenso wrote a letter to Andrew Luff Hooker, Director of Kew Garden.898 Natural children received a in which he discussed selling his Napier Hill land. He said to refund of half this amount for any property devolving on them899 Luff: but some of the benefi ciaries named in the Will were “strangers 1. The sites I would offer comprise the best pick of all the land in blood” and so the rebate was not available to them including I have here; and are I believe among the best situations (if not the very best) in all Scinde Island; to say nothing of their

Collections, The New Zealand Native Orchid Group Inc., Wellington, nearness to the Railway Station, &c., &c. 2009, page 394. 2. They are situate on the fl at-topped hill running parallel with 895 Ibid, page 2. Carlyle-Street, from entrance to Faraday Street nearly to Clive 896 Ibid. This is called the William Colenso Bequest and according to the Sq.—through suburban Sections 39, 41, & 42. Napier City Council Minutes of March 2010, is still being distributed 111 years later. Currently $3200 is set to be distributed over the next 3. They are laid off in ¼ ac. rectangular Sections, & they are all three years. level. 897 Page 1 of his Probated Will. 4. The Street, or Road, in front (proposed to be called the 898 In a letter to J D Hooker dated 13 September 1862, William Colenso Esplanade,) is nearly ¼ mile in length, level to straight, and wrote: “I may tell you that in the town of Napier, Hawke’s Bay where I reside…in laying out a piece of ground I have nearly in the centre is to be (say) ½ chain wide.— of the said Town [,] I have named the two streets of the same, “Banks Street”,“Hooker Terrace.” The neighbouring streets are Owen – Faraday – Milton – Goldsmith – Shakespeare – Chaucer – Carlyle – Hastings – &c, &c so you are in good company”: Ian St George (Comp), Colenso’s 900 See Colenso Papers, HBMAG, Series 1, Folder 5. Collections, The New Zealand Native Orchid Group Inc., Wellington, 901 See Colenso Papers, HBMAG, Series 3, Folder 5. 2009, page 307. 902 For Sir Francis Bell’s obituary on the occasion of Heathcote Williams’ 899 The Deceased Persons Estates Duties Act 1881 (Section 37). death, see Chapter 3 under the heading Demise.

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[C8_5a] copy of tracing sent to Donald McLean. Image source: National Library manuscript & pictorial.

5. It is intended not to have any houses on the E. side of the Road 9. I shall send a copy of these terms to one or two other gentle- so as to keep the view open and unobstructed.— men enquirers, but I shall not advertise or seek to sell until 6. A chain, or chain & half on the E. slope of the hill, would thus these conditions, or similar ones, are by gentlemen desirous be left, which, on the W. edge, could be planted with a row of obtaining a building-site agreed to.—At the same time I am of evergreen shrubs,—or, which might be also disposed of in open to their modifi cation to suit bona fi de buyers. I am not, corresponding lots to the respective takers of the building however, anxious of selling now, believing that the proper time sections: such would form excellent gardens, the soil there to do so will be when the N. swamp is fi lled-in. being so very deep and rich.— A plan of the said property (so laid out) can be seen at my house: 7. From the laying-off the property, (sacrifi cing the building sites it was laid out by Triphook in ’58, and will, I think, be found on the E. side, as above, for the sake of the noble prospect,)—as suitable. Mr Rochfort has also made another.— well as from the extent & number of the roads or streets lead- In case all the Sns. should be disposed of at once, then a percent- ing to & from the same, through other portions of my land, age of the proceeds (to be agreed upon) to be laid out in forming it is evident, that the value of those selected Building Sites & making the road of the Esplanade. is thereby largely increased,—to the detriment of course, in value of the remaining portions of the state. 8. It is proposed that in selling by auction (or leasing, if preferred) 15 APRIL 1858: COLENSO TO DONALD MCLEAN… the said Building Sites, the following conditions (or something “Perhaps you will hear from Mr. Curling that I have contracted similar) are to be fi rst agreed to,—in order to keep the locality w. Gebley & Thomas to build me a Ho. at Napier; for which respectable:— Kauri, &c., has been ordered. I have also offered nearly all my 1. No House to be erected of less value (say) than £500. Lands (Town and Suburbn.) for sale, ditto the Trees of this 2. No public house to be allowed on the Terrace. place — as the “Herald” will shew. And a surveyor is now laying- 3. The taker of any one ¼ ac. Section to have the option of out the whole of that Basin (Nos. 39–44, surburban) Town of taking also the next one at same price. Napier, where I have projected a Street, or Place, in the Centre 4. No sale (or Lease) to be considered complete unless (say) of the hollow, & a Terrace on the hill. I will send you a plan six Sections are disposed of. [This will be seen to be abso- when ready.” lutely necessary when it is known that there will be over 20 chains of Carriage Roads to be formed through my other He wrote again on April 22: A few days ago I gave you the Nat. land to give easy access to the said Esplanade]. news; promising you a tracing of the Land I am getting laid out 5. The upset price of each Section to be (say) £300. at Napier, which I now enclose: the tracing is rather rough, but correct; the Land will not be opened for sale for 2 or 3 weeks

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(C8_6): Front page of a hand drafted Statement of Claim prepared by (C8_7): Draft Statement of Claim (continued). Heathcote Williams ready for typing and fi ling. It is in the same writing style as the personalised letters that feature in Chapter 3 under the heading Practice. Image source (for this image and following): HBMAG.

(C8_8): Draft Statement of Claim (continued). (C8_9): Draft Statement of Claim (continued).

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(C8_10): Draft Statement of Claim (continued). (C8_11): Draft Statement of Claim (continued).

(C8_12): Draft Statement of Claim (continued). (C8_13): Draft Statement of Claim (continued).

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(C8_14): Draft Statement of Claim (continued). (C8_15): Note the “W & W” moniker on the bottom of the backing sheet which probably was an abbreviation of “Williams & White” who initially acted for Ridley Latimer Colenso, the Plaintiff.

(depending on the Surveyor), so that if you care to have any of Council when the tracings were submitted, but they would most the best sections (all ¼ ac.), you will be in time. I consider the certainly have been looked at closely by Colenso’s lawyers. situation the best in the Island, while it is retired & in the heart of In the throes of resolving these issues it is clear from the papers Town. And as I (& Dr. H. and others) wish it to be respectable, I that the current-day dog-leg and hairpin that is an extension of have planned it so as to have no thoroughfare, & given for a belt Tennyson Street was required for access to Colenso Ave because of Trees, &c. — “Banks” —after Sir Jos. B. who came with Cook, the way up Milton Road was far too steep.904 & published (&, indeed, brought out Draughtsmen with him at William Colenso had, in fact, been trying to persuade the Council his own expense!) & “Hooker”, after our N.Z. Flora Botanist. to provide proper access from Milton Road for some years prior The opinion was unfavourable and accordingly a settlement was to 1899. On 18 November 1881 he wrote to Andrew Luff:905 reached between young Colenso and Napier Borough Council Last month, (after long endeavouring on my part, extending whereby for the payment of a £400 bond the Council agreed to over many years) I wrote an “offl .” To Town Clerk, on behalf of take the road over in its current confi guration (too narrow for myself & others (Ch. Trustees, Grammar School Lessees, Kinross its existing by-laws) but agreed to continue to maintain that in & Carlile Attys. For Doug. McLean & J.D. Ormond as Lessee – all, perpetuity. Any balance left over after the essential work was at last, agreeing) offering to give the land required to make a good completed would be refunded, and any additional cost would road (60 links wide) from Napier Terrace to Milton Road – near be borne by the Borough Council.903 my upper gate: I also wrote a long memo. Attached, showing the It is not known what responsibility the surveyors (for whom need, & benefi t; sending them, also, a map by Rochfort, showing Kennedy Bros acted) had in all of this because they ought to have the dist. By Old Road 38 chains, by new, 26 chains:-& the body known the requirements of the Municipal Corporations Act notwithstanding the assurances they received from the Borough

904 See Colenso Papers, HBMAG, Series 3, Folder 3. 905 Ian St George (Comp), Colenso’s Collections, The New Zealand Native 903 See Colenso Papers, HBMAG, Series 3, Folder 4. Kennedy & Lusk were Orchid Group Inc., Wellington. The Council works department later acting for the Napier Borough Council and it is not known how this resolved that the climb up to Colenso Ave from Milton (where the ended except to say that £400 was in 1900 a substantial amount of Milton Steps currently provide pedestrian access) was too steep and money for a straighforward road-widening and maintenance exercise hence the opportunity was taken to extend Tennyson Street and put a and would have made a sizeable dent in the total amount available to hairpin up the top running into Colenso Ave which is now a modern young Colenso from the Estate. vehicular solution to a previously insoluble traffi c issue.

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(C8_16): Note paragraph three of this letter “As you have specially asked that (C8_17): Bell Gully opinion (continued). I should look at the papers and express my opinion [this was a letter under the hand of Sir Francis Bell and would have carried much weight even at this time], I think it best to do so in a letter addressed to yourself rather than your fi rm” [that is because the advice was going to be extremely unpalatable to of muffs have decided, “make it complete, & we will take it”!! – So Heathcote both personally and professionally]. Image source (for this image they won’t have it at all now. and following): HBMAG. Young Colenso then returned to the UK on the Elingamite906 on 25 July 1899. He was pleased in the end with the settlement that had been achieved on his behalf by Heathcote Williams.907 It is not known whether he visited New Zealand again. In Colenso’s probate inventory it is interesting to note that he died in possession of “2 Cases of Mission Wine” (observing that the Catholic fathers at the Mission were one of the fi rst ones on the New Zealand wine scene). This raises an interesting point about Colenso and his support for the temperance movement. According to his close friend R Coupland Harding:908 When he [Colenso] landed in 1834, drunkenness was fearfully prevalent, and he and others formed the first New Zealand Temperance Society, the “rules” of which constituted the fi rst book in English printed in New Zealand. His temperance pledge he faithfully kept throughout his life. It was a pledge of an early phase of the movement and did not apply to fermented liquors. To the end of his days he held spirits and tobacco in utter detesta- tion. To prohibition orators and leagues he had an almost equal aversion. Colenso only had wines and fortifi ed wines (including port) in his cellar at the date of his death.909

906 On 9 November, on another voyage that same year, the steamer Elingamite (C8_18): Note the words in the third paragraph “…It is a very grave question was wrecked on the Three Kings Islands, north of Cape Reinga, with the loss of 45 lives. indeed for your client, who has sold land upon a sale plan purporting to front 907 See Colenso Papers, HBMAG, Series 4, Folder 1. on private streets. If those streets are utterly invalid…then I think it is a most 908 Obituary published in the Press, Christchurch 27.2.1899. See Colenso serious position for your client, [sic] and a somewhat awkward position for Society Newsletters, April 2010, page 10. yourself…” 909 Probate Inventory, Colenso Papers, HBMAG.

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(C8_19): The crux of this whole opinion, and the demonstration of the strong (C8_20): Bell Gully opinion (continued). collegial relationship Heathcote had with his former colleague is evidenced in the penultimate paragraph: “…I cannot but strongly advise you to agree with your adversary quickly, if it be in any way possible…[fi nal paragraph] I have written fully, and perhaps with less evidence of hesitation than I should have done having regard to the fact of the strong opinion you have previously had from both Gully and Martin. You and I have had diffi cult cases together, and have managed to steer out of a mess. I think most strongly that your head is pointed direct into a mess, and I beg you to stop before you plunge into it any further, however distasteful it may be to seem to come down before the unfair demands of the Borough Council and to abandon a position which you have taken so strongly.”

It is interesting to note that in 1899, with only rudimentary copying techniques available, there is a note of fee payable by the Executors for the copy of an instrument required to be fi led at the rate of sixpence for every 72 words (or a penny for every 12 words).910 The old saying that “lawyers charge by the word” is given added veracity with what seems incontrovertible evidence in this Estate documentation. Following probate and distribution of the estate the important documents remained with Sainsbury Logan & Williams and were in the strong room at the time of the 1931 Earthquake. They were donated by the fi rm to the Hawke’s Bay Museum Library when Allan McLeod (Partner of Sainsbury Logan & Williams)911 had reviewed the contents of the deeds safe. This was sometime in 1979.

(C8_21): Probate Return for the estate of William Colenso showing that he 910 See Colenso Papers, HBMAG, Series 2, Folder 2. died in 1899 with two cases of Mission wine (worth £2/8 shillings) in his cellar 911 See Chapter 9 under the heading Allan Duncan McLeod. at the date of death. Original Probate Inventory. Image source: HBMAG.

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ROBERT FRANCE Robert France (after whom France Road was named) lived in Hawke’s Bay and was an early philanthropist. He was not without controversy in his personal life as can be attested to by the very public manner in which he separated from his wife Eliza France:912

(C8_23): Robert FranceProbate. Image source (for this and following images): Sainsbury Logan & Williams Archive.

I give, devise and bequeath the income arising from my property of whatsoever nature it may be for the support and education of destitute orphaned children in the town of Napier and Petane forever. These children may be of any denomination but shall not be taught any religious creed by their teachers during the time they are at school, but the children are to be reminded that the bible is the word of God and that they ought to read it, study it, and be actively guided by its teachings. When the children leave school, I wish each boy and girl to have a bible given to them as a gift from me; also a little pamphlet written by me, which contains my religious experience from the age of fourteen until I was about 20. I give, devise and bequeath unto Alice Catherine Parr my prop- (C8_22): Excerpt from Hawke’s Bay Herald 26.1.1867. erty situated in Coote Road914…for her sole and separate use and free from the control of any husband with whom she may Sainsbury and Logan prepared his Will. He left his estate on the inter-marry. basis that he wished to set up a Trust for the “destitute orphaned I appoint Frederick Townsend of Napier, Settlor and Edward children of Napier and Petane”. The words of the Will state as Bibbi of Waipawa, Storekeeper to be my executors. 913 follows: The France Trust Scheme was approved by the Supreme Court on 20 February 1895 by Mr Justice C W Richmond.915 912 Hawke’s Bay Herald, 26.1.1867 913 See Will of Robert France, Probate obtained 14 December 1887, This Trust continued to look after orphaned children and estab- Sir James Prendergast presiding. See also Portrait of a Profession, lished various homes, including France House in Eskdale which pages 43–44 and photograph, page 56B. Robert France’s prop- erty included town section 435 in Coote Road and a block of land in Puketapu measuring 535 acres which bordered the Otakawai 914 See “map shewing the property of the late Mr Robert France, Napier” Stream and also a block of 2100 acres which bordered the Esk prepared by Alfred Jarmin, Draftsman, 25 May 1891. River. 915 See Portrait of a Profession page 56A

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(C8_24): Robert FranceProbate (continued).

was destroyed by the Hawke’s Bay Earthquake in 1931 but For a good many years prior to that the Trustees thought the completely replaced and rebuilt in January 1933. only safe thing to do was to pay all of the France Trust income Latterly, the trustees found it increasingly diffi cult to utilise to the only charitable trust in Hawke’s Bay with remotely similar the funds because of the change in social structure (“destitute objects, Hawke’s Bay Children’s Home (for whom the fi rm also orphaned children” is no longer a phrase that has any modern acted). The By-Laws, Rules and Regulations of that organisation 917 social relevance) and so by way of Court Order in 1990 the were fairly strict and included clauses such as: France Trust had its objects varied by Justice Neazor of the Before any child is admitted he or she shall be examined by an High Court in Napier916 to allow the trustees to assist the “needy approved medical man, and if he certify as to he or she being children and young adults of Hawke’s Bay”. free from any infi rmity or disease which may prove a menace to the health of the other inmates of the Home, he or she may be 916 Gallagher & Waite v. Attorney General, HC, Napier, CP 7/90, 4.10.1990. admitted. This is a matter in which the author appeared in support of the Order. … Former partners of the fi rm also appeared at various times in relation to changes in the trustees and other matters, amongst them Budge Grant The instruction of girls over 14 shall include household man- and Bill McLeod, Ian MacKay (whose name appears on the front cover agement, cooking, laundry work, sewing, darning, cutting and of one of the old fi les) and Ian Logan. The correspondence fi le on this setting plain work for sewing machine. dates back to 1938 (presumably anything earlier was destroyed in the earthquake because the relevant “drafts fi le” would not have been kept … in the strong room, only valuable documents such as deeds and instru- ments and certifi cates of title). There is a delightful exchange between Owen Woodhouse and Bill McLeod in 1957 where it was observed on 22 November 1957 by Bill McLeod that the original 1920 and 1948 Orders them). Would you like a copy of your letter?…After the writer perused concerning the France Trust had been returned by Mr Woodhouse but the rules we believe the booklet was returned to you with our letter of that “…We are not quite sure how these orders came to be in your posses- 17 October 1955…In the circumstances we feel that you might consider sion – you have offered no explanation, and the writer seems to recollect we were over-critical if we were to encourage you to assume the book- that Mr Woodhouse had in his possession the only known copy of the let is irretrievably lost. The personal feeling of the writer (a well know France Trust Rules, and as this was not returned with the Orders, are we optimist) is that it will turn up – with just a little bit of luck”. Indeed, to assume that the booklet is irretrievably lost?…” Owen Woodhouse the 19 October 1955 letter is still on fi le. And the booklet must have quipped on 25 November 1957 (very much tongue in cheek): “We sym- been retrieved because there is still a copy of one of the original booklets pathise with your uncertainty as to how we came into possession of the in the France Trust Deeds Packet from which the image (above) was orders…We too might be in some doubt about the matter if we had not taken. the advantage of your letter to us of 19 October 1955 (which forwarded 917 Hawke’s Bay Children’s Home Constitution, page 6.

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(C8_25): Robert FranceProbate (continued).

The instruction for the boys shall include farming and other work. … When any corporal punishment is necessary the Master and Matron shall administer it. … The inmates shall have not less than three meals a day…Breakfast – Porridge, bread and milk…bread with butter, dripping, jam or golden syrup…Dinner – Hot roast meat at least once a week; boiled or steamed meat with soup at least once a week; fi sh once a week; for the other four days meat stew, mince meat or cold meat…Puddings – Each day the inmates shall be given either suet, steamed, baked or milk puddings… Clothing…Girls – The girls shall have three dresses each and (C8_26): Copy of the France Trust Scheme Booklet which was produced after three sets of underclothing (garments to be supported from the the Order was made approving the Scheme in 1895. Image source: Sainsbury shoulders)…[noting that the girls got one set more than the Logan & Williams Archive. boys]… The Trust continues to do good work, being recognised as one late Robert France. George Sainsbury defended them unsuc- of the special awards given out every year to a pupil from Iona cessfully and they were fi ned £5 and ordered to pay Court costs, College at the annual prizegiving. informant’s expenses and a solicitor’s fee.919 Frederick Townshend was, along with Edward Bibby (of Waipawa, Storekeeper), one of the Executors in the estate of Robert France.918 They were charged in 1890, as proprietors, with failing to eradicate rabbits on one of the properties of the

918 See earlier under the Heading Robert France. 919 Hawke’s Bay Herald, 8.7.1890.

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(C8_27): Robert France’s Will contained a plan depicting the properties he owned off Coote Road and Priestley Road (highlighted in black) as at the date of his death. Image source: Sainsbury Logan & Williams Archive.

(C8_28): Estate Robert France Conveyance. Image source: Sainsbury Logan & Williams Archive.

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(C8_29): Estate Robert France Conveyance (continued). (C8_30): Estate Robert France Conveyance (continued).

(C8_31): Estate Robert France Conveyance (continued). (C8_32): Estate Robert France Conveyance (continued).

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(C8_33): Estate Robert France Conveyance (continued).

(C8_34): Estate Robert France Conveyance (continued). (C8_35): Estate Robert France Conveyance (continued).

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(C8_36): Estate Robert France Conveyance (continued). (C8_37): Estate Robert France Conveyance (continued).

NAPIER HARBOUR BOARD (LATTERLY HAWKE’S BAY HARBOUR BOARD AND NOW (FOR PART) HAWKE’S BAY REGIONAL COUNCIL) The fi rm has had a very long association with the Napier Harbour Board and its successors. George Sainsbury became the fi rst solicitor to be appointed to the Napier Harbour Board, shortly after it was formed in 1875 (the inaugural meeting being was held in 1876). The work conducted for the Harbour Board is chronicled elsewhere.920 It included a wide variety of work from opin- ions about insurance claims for vessels moored at the port to Harbourmaster activities, leasing of reclaimed land, capital works and governing legislation. Hawke’s Bay Regional Council now holds archival records dating back to the early days of the Harbour Board and has original copies of handwritten letters from George Sainsbury.921 Sainsbury Logan & Williams acted for the Napier Harbour Board and then Hawke’s Bay Harbour Board until its demise in 1989 (Local Government reorganisation). The fi rm continues to act for Hawke’s Bay Regional Council which inherited the leasehold portfolio from Hawke’s Bay Harbour Board undertaking a variety of opinion and leasing work.

920 See Chapters 1 and 2. 921 These have been verifi ed from the sample handwriting appearing in the (C8_38): Estate Robert France Conveyance (continued). ANZ records referred to earlier.

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(C8_39): Handwritten letter from George Sainsbury to the Secretary of the Napier Harbour Board dated 27 January 1883 and enclosing a “note of my costs against the Board from June 1879 to date amounting to £44.6.2”. Image source: HBRC Archives.

(C8_40): Handwritten letter from Francis Logan to the Secretary of the Napier Harbour Board dated 20 August 1883. Image source: HBRC Archives. Note how each item of correspondence is carefully catalogued by Mr Saunders for fi ling and storage.

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WILLIAMS & KETTLE Frank Logan was later to become Chairman of the Board of Williams & Kettle, as did Jim Zohrab. The founders of Williams & Williams & Kettle was established in 1885 by F W Williams and Kettle died in the same year (1940). Frank Logan recalls that on Nathanial Kettle as a limited liability company in which both the 50th anniversary of the establishment of Williams & Kettle Williams and Kettle were Managing Directors. Frank Logan all of the (then) directors received a present of some “grog”.924 recalls, “Uncle Nat concentrating on keeping contact with the clients whereas F W W was the fi nancial expert. Whenever I It was reported in the Daily Telegraph in 1891 that Williams had occasion to call upon them and found them both sitting & Kettle Limited “…having secured the section next to their at the same table…I was reminded of the dual monarchy of present Offi ce in the South British Insurance Co. building are Grecian days.”922 about to erect handsome new buildings there…”925 designed by Robert Lamb, the architect responsible for the reconstructed Nathaniel Kettle was born in the 1850s and was the son of Sainsbury Logan & Williams premises following the Napier Charles Kettle, one of New Zealand’s earliest surveyors who laid Fire in 1886. out the city of Dunedin. He was born in Dunedin but came to

Employees of Williams & Kettle. Image source: Len Anderson, Throughout the East Coast: The Story of Williams and Kettle Limited, Pictorial Publications, Hastings, 1974.

Hawke’s Bay about the mid 1870s to join Murray Roberts & Co. CHARLES GORDON (CLIFTON STATION) Then in about 1881 he joined F W Williams and the stock and Francis Logan acted for Charlie Gordon who was one of the station fi rm of Williams & Kettle came about. He was a keen descendants of James Gillespie Gordon who came to New sportsman and an ardent supporter of the volunteer horsemen Zealand in 1859 and Thomas Edward Gordon, his eldest son. becoming colonel of the Hawke’s Bay volunteer force. He mar- The family established themselves at the 13,500 acre Clifton ried the daughter of the famous Major F von Tempsky. He was Station (where the iconic Cape Kidnappers was located). well known and highly respected throughout the county.923 After having bought it for £3375, James Gordon brought a

924 Frank Logan Memoirs (unpublished), page 119, paragraph 12. 922 Frank Logan Memoirs (unpublished), page 117, paragraph 1. 925 4.7.1891 and see Eleanor Holmes, Robert Lamb: The Napier, New Zealand 923 Frank Logan, biographical notes, page 10. Years 1879 to 1895, Napier, 2002.

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(C8_44): Settlement Deed, front page. Image source: Sainsbury Logan & (C8_45): Original Settlement Deed providing the annuity for Elizabeth Williams Archive. Campbell on the eve of her marriage to Charles Gordon. Image source: Sainsbury Logan & Williams Archive.

prefabricated house from India which he floated ashore at Clifton and had it constructed into the fi rst homestead on the Station. Mention of Francis Logan is made in a biography of Clifton Station.926 Sainsbury and Logan prepared the Deed of Settlement at the time of Charlie Gordon’s intended marriage to Elizabeth Campbell.927 Later, Heathcote Williams was added as a new trustee in the Trust.928 Charlie Gordon married Bessie Campbell in 1896 and was given Taurapa Station, which adjoins Clifton Station, by his father as a wedding present. The original Clifton Homestead was burnt to the ground in 1899. The new two storeyed homestead was built on the site of the old one and was designed by W P Finch who was later, in 1905, to design the Hawke’s Bay Club. Later still, in conjunction with his partner Westerholm, he would design and draw the new premises for Sainsbury Logan & Williams following the Hawke’s Bay Earthquake.929 Frank Logan recalls in June 1946, Dorothy Gordon (Charlie’s sister-in-law) returning to New Zealand after eight years in

926 Angus Gordon, In the Shadow of the Cape, page 55. 927 See original Settlement Deed. 928 See also the Deed of Settlement between Kenrick Jones Hill (a partner of Thomas Gordon in the purchase of a property in Fernhill), Dudley Bruce Hill, Nina Norton Tanner, F L Gordon and P S McLean, dated 13 September, 1905. (C8_43): Settlement Deed backing sheet. Image source: Sainsbury Logan & 929 Angus Gordon, In the Shadow of the Cape, page 61. See Chapter 6 under Williams Archive. the heading Reconstruction Post Earthquake.

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(C8_46): McClurg’s original Certifi cate of Incorporation. The archive also contains the original purchase agreement when an established jewellery business was acquired by L S McClurg and operated under the new company name. Note the six pounds fi ve shillings in ad valorem stamps which would have been assessed on the capital value of the company at the time. Image source: Sainsbury Logan & Williams Archive.

England save for when she made a brief visit after her husband, was Captain Braund who, in 1870, took the late Earl of Pembroke, Frank Gordon’s death in 1938.930 accompanied by Dr Kingsley, on a cruise from Auckland round the South Sea Islands in the top sail schooner Albatross which trip gave rise to the celebrated book “South Sea Bubbles” by the “Earl MCCLURG’S LIMITED (FORMERLY L.S. MCCLURG and the Doctor”. The book is probably the most entertaining work LIMITED) ever written on the South Seas. After visiting Tahiti, Hua Heine, Sainsbury Logan & Williams acted on the initial incorporation Raiatea and Borabora in the Albatross, Captain Braund cruised of the jewellery business, including the Deed of Purchase and with his distinguished passengers to Rarotonga and Samoa, but the change in shareholding. The fi le contains examples of early while en route from Apia to Fiji, the Albatross was totally wrecked drafting techniques (fountain pen on carbon copy versions of on October 27th, 1870, on a coral reef in the Ring-gold Islands in the Articles of Association and Memorandum of Association). the Fiji Group, all hands reaching Levuka, and fi nally Auckland safely after an adventurous experience. Since that cruise Captain Braund spent his time in Auckland with his family. CAPTAIN BRAUND Captain Braund owned significant landholdings in Napier Captain Braund was a client of Sainsbury Logan & Williams including including properties in Havelock Road, Clive Square, and was one of the oldest shipmasters trading out of the port Wellesley Road, Raffl es Street and what looks like the site on of Auckland. His travels took him frequently to Hawke’s Bay the corner of West Quay and Railway Quay currently occupied 931 (where he acquired land) and to Sydney. by Price Engineering. He was born in 1829 at Biddiford, in Devonshire, and went to He died suddenly of apoplexy in February 1897 while superin- sea at an early age, becoming a master mariner at 18 years of age. tending repairs on the roof of his house in Auckland. He was He fi rst traded out of Auckland in the 1850’s when he bought a aged 68.932 100 ton cutter Surprise out from England. This vessel was later In the Sainsbury Logan & Williams Archive there is also a wrecked in the Pacific Islands. He had several vessels in the Gazette Notice dated 9 August 1877 indicating certain land coasting and South Sea Island trade, including the brigantine being brought into the Land Transfer Act 1870, Thomas Kennedy Charybidis, and the well known brig Vision in the Island trade. It Newton and David Balharry town section 237.

930 Frank Logan Memoirs (unpublished), page 146, paragraph 6. 931 Hawke’s Bay Herald, 13.2.1897 932 Star, 9.2.1897.

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(C8_47): Memorandum of Land (backing sheet). Image source: Sainsbury Logan & Williams Archive.

(C8_48): Memorandum of Land (schedule). Image source: Sainsbury Logan & Williams Archive.

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(C8_49): The section depicted on the bottom lefthand corner of this plan is Town (C8_50): Memorandum of Land (diagram page). Image source: Sainsbury Section 217 on Wellesley Road and was likely swampy and often inundated prior Logan & Williams Archive. to reclamation and the 1931 earthquake. It came up for mention in the Napier Municipal Council deliberations in August 1880 when, by telegram, it was confi rmed that “swamp section” 217 did not belong to Mr [J.S.] Macfarlane but to Captain Braund and that he should be required to pay a claim of £175 13s 10d on it or risk it being sold. His agent informed the Council that Captain Braund would soon be in Napier when he would settle the matter (see Hawke’s Bay Herald, 5.8.1880). Image source: Sainsbury Logan & Williams Archive.

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(C8_51): Memorandum of Land (diagram page). Image source: Sainsbury Logan & Williams Archive.

(C8_52): Memorandum of Land (diagram page). Image source: Sainsbury Logan & Williams Archive.

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(C8_53): Gazette Notice 9.8.1877. Image source: Sainsbury Logan & Williams (C8_54): Diagram page. Image source: Sainsbury Logan & Williams Archive. Archive.

(C8_55): Memorandum. Image source: Sainsbury Logan & Williams Archive.

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(C8_56): Schedule of land. Image source: Sainsbury Logan & Williams Archive.

(C8_57): Schedule of land. Image source: Sainsbury Logan & Williams Archive.

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(C8_58): Lease document which was prepared for Captain Braund by (presumably) his Auckland solicitors who were Russell & Campbell, Auckland in respect of a lease of land to one Ambrose Ambler. Russell was J B Russell who entered partnership with Hugh Campbell in 1877 and was an early predecessor of the well know Auckland fi rm of Russell McVeagh (Portrait of a Profession, page 209). Image source: Sainsbury Logan & Williams Archive.

(C8_59): Lease (diagram page). Image source: Sainsbury Logan & Williams Archive.

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(C8_60): Will (backing sheet). Image source: Sainsbury Logan & Williams Archive.

JOHN SANGSTER MACFARLANE John Sangster Macfarlane was a shipping agent in his early years933 as a Napier resident but latterly described as a “Gentleman”. He was also the owner of Clive Grange, a substantial homestead situated on Raymond Road, Haumoana.

EDWARD WILLIAM KNOWLES Knowles, a long time owner of the DailyTelegraph lived a life of toil. He was a grocer in his early life and made headway fi nan- cially, later becoming owner of the Daily Telegraph. For many years he laboured for those causes he thought desirable and paid the price, for it was many years before his independence of thought and action brought its reward. He was a cautious businessman, who was shrewd in the close of his days but he was also possessed of many kindly ways, and his help was never sought in vain – in fact it was frequently there before asked. E W Knowles had been described as a very good and kindly man.934 The Daily Telegraph was founded in 1871 by a group of Napier citizens. After early diffi culties, four shareholders (one barrister and three traders, one of whom was E W Knowles) took over in 1872. The other three shareholders left Knowles with sole control due to the pressure of other businesses. Knowles was not a journalist by trade, but he had a natural shrewdness.935

933 Daily Southern Cross, 27.4.1858. 934 “Hawke’s Bay – Before and After”, 1931. 935 “The Five Lives of My House”, Abby Peterson (undated), Iona School Project Will (fi rst page). Image source: Sainsbury Logan & Williams Archive.

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(C8_62): Death certifi cate for John Sangster Macfarlane. It appears from the exhibit note at the top that this document was annexed to his Will when Probate was applied for. He died on 2 February 1880 of acute peritonitis and carcinoma of the liver. Image source: Sainsbury Logan & Williams Archive.

DAILY TELEGRAPH Probably as a result of acting for E W Knowles Sainsbury Logan & Williams also acted for the Daily Telegraph, even after Knowles died and when it was managed by the Geddis Family. The prox- imity of the Daily Telegraph Building to the fi rm’s law offi ces made it an attractive relationship. Many of the various forms of printed lease for the Harbour Board over the years were provided by Daily Telegraph Print which was often signifi ed on the back of the forms by the simple initials “D.T.P.” After his death a challenge was made in respect of his estate that made its way to the New Zealand Court of Appeal and then to the Privy Council in London. The issue was in respect of a clause in the Will which was intended to give the residue (or balance) of Knowles’ estate to a range of charitable institutions (C8_64):Image of E W Knowles. Image source: Google selected at the discretion of his Executors and Trustees. If the clause was declared void then Knowles’ widow and daughter would be entitled to the balance of the estate. However, if the He built a large house known as “Ben Lomond” in Clyde Road, clause was upheld then the Trustees would be in a position to Napier.936 E W Knowles also owned 10 Lighthouse Road between distribute the Trust to charitable institutions of their choice. 1892 and 1915. He had purchased the property of Major Slingsby Sainsbury Logan & Williams represented the Executors and Bell who was a large station holder at Tautane Station at Cape Trustees. Carlile, McLean, Scannell & Wood represented the Turnagain, southern Hawke’s Bay and had built the property in widow and daughter and the Attorney General represented the Lighthouse Road (known as “The Bungalow”) as a summerhouse public. The Court of Appeal held in a majority decision (4 to1) 938 for his family.937 that the clause was void. The Privy Council upheld that deci- sion and confi rmed that the clause was void for uncertainty.939 He was very vocal in his criticism of Ridley Latimer Colenso at The result was that the widow and daughter would have received the time of the estate administration and was one of the trustees the balance of the Estate. The costs of mounting the appeal and executors named in Colenso’s Will. would have been paid out of the Estate except in respect of the He died 29 April 1915 and left his interest in town sections, 127 Attorney General’s costs which would have been borne by the and 128 on Trust to his trustees who then on sold for the sum of New Zealand Government. £7,000.00 to the Daily Telegraph Company Limited in 1916.

936 Frank Logan, biographical notes, page 10. 938 [1916] NZLR 83. 937 See Chapter 2 under the heading Francis Logan’s Practice and the foot- 939 [1917] NZPCC 698 (per Lord Buckmaster, Lord Parker of Waddington note dealing with 10 Lighthouse Road. and Sir Walter Phillimore).

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(C8_66): Conveyance, (front page). Image source: Sainsbury Logan & Williams Archive.

(C8_67): Conveyance (backing sheet). Image source: Sainsbury Logan & Williams Archive

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(C8_68): Copy agreement (front page). Image source: Sainsbury Logan & (C8_69): Copy agreement (backing sheet). Image source: Sainsbury Logan Williams Archive. & Williams Archive.

HARSTONS LIMITED early 1870s. At around the same time, James Boyle acquired land at Pukahu (near the junction of Te Aute and Mt Erin Roads, Harstons was an iconic music store in Napier in the 1920s and Havelock North) by way of Crown Grant in 1873 under the 30s. For a time, after the original proprietor had moved on, the signature and seal of Governor George Ferguson Bowen. The premises were occupied by a restaurant of the same name spe- original Crown Grant was retained in the Sainsbury Logan & cialising in Tex-Mex food and of itself became an iconic eating Williams strong room and forms part of the archive record. establishment for a short time. The premises are now owned by a Napier businessman but the original window display and façade remain intact and have been painstakingly restored.940 HENRY GAISFORD ESTATE The original Certificate of Incorporation (below), and The estate was established circa 1910. Henry Gaisford married Memorandum and Articles of Association were all preserved Eliza Russell, the only daughter of Henry Russell in September in a deeds packet in the strong room. 1878.942 He inherited part of his father-in-law’s interest in Mount Herbert Station. Henry Russell died in 1891. The Terraces were JAMES BOYLE subdivided and auctioned 1893. Sainsbury & Logan were listed in the advertisement as the solicitors acting on the sale in James Boyle was one of the early settlers who purchased land conjunction with Cotterrill and Humphreys on the sale through 941 from Thomas Tanner (one of the “Twelve Apostles” who were Hoadley Auctioneers. The property was split into smaller hold- roundly criticised for purchasing freehold title from Mäori at ings and auctioned a year after Eliza Gaisford’s death in 1908. an unconscionable price per acre) in the Hastings area in the

940 By Pat Benson, a modern-day philanthropist and heritage guardian. 942 Waipukurau: The History of a Country Town, op.cit. page 80; and see 941 The Cyclopedia of New Zealand [Taranaki, Hawke’s Bay and Wellington Chapter 1under the heading Waka Maori Libel Case in which Henry Provincial Districts], The Cyclopedia Company Limited, Christchurch, Russell was the successful plaintiff in a defamation action against the 1908, page 445, available from: www.nzetc.org editor and publisher of a government backed publication.

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(C8_70): Harstons original Certifi cate of Incorporation dated 21 July 1927. Image Image source: Sainsbury Logan & Williams Archive.

(C8_71): Crown Grant (front page). Image source: Sainsbury Logan & (C8_72): Crown Grant (reverse page). Image source: Sainsbury Logan & Williams Archive. Williams Archive.

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Sainsbury Logan & Williams acted on the estate and there are signifi cant volumes of leather bound Ledger Books and other papers which carefully record the investment of funds on behalf of the Gaisford Estate. Henry Gaisford owned signifi cant landholdings at Oringi 1903 (near Dannevirke), and Raupare/Flaxmere (divided into 83 Allotments) in 1909.

(C8_73): Crown Grant (memorial page). Image source: Sainsbury Logan & Williams Archive.

(C8_74a) Letter from Fitzherbert & Robertshawe to Sainsbury Logan & Williams concerning the sale of the Oringi land. Image source (and for fol- lowing images): Sainsbury Logan & Williams Archive.

(C8_74): Crown Grant (memorial page). Image source: Sainsbury Logan & Williams Archive. (C8_74b) Invoice from Dinwiddie & Walker for printing services.

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(C8_74c) Invoice from Wanganui Chronicle Co Ltd for advertising. (C8_74d) Invoice from Manawatu Evening Standard for advertising.

(C8_74f) Invoice from Manawatu Evening Standard for advertising.

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(C8_74e) Invoice from Dannevirke Advocate for advertising.

(C8_74g) Note of fee from Cotterill & Humphries for conveyancing (page 1).

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(C8_74h) Note of fee from Cotterill & Humphries for conveyancing (page 2).

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(C8_74i) Lot Plan of Oringi Subdivision and Sale. (C8_74k) Particulars & Conditions of Sale for Oringi Subdivision and Sale (Memorandum of Contract).

(C8_74j) Particulars & Conditions of Sale for Oringi Subdivision and Sale.

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(C8_74l) Particulars & Conditions of Sale for Oringi Subdivision and Sale (Backing Sheet).

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(C8_74m) Advertisement for Oringi Subdivision and Sale.

Will (second page). Image source: Sainsbury Logan & Williams Archive.

JOHN CARTER Very little is known about this client except to say that his Will Bay). Another document (not reproduced here) was a Deed of was amongst the archive records discovered in the strong room Settlement with Mr. Justice Tollemache dated 7 October 1875. and the document is reproduced as one of the oldest held by the That document was prepared by Wilson & Cotterill.943 fi rm. It is also signifi cant because of its connection with other early practitioners of the time. John Carter’s Will was prepared in 1872 by J N Wilson (one of the fi rst practitioners in Hawke’s

Will (third page). Image source: Sainsbury Logan & Williams Archive.

Will (front page). Image source: Sainsbury Logan & Williams Archive. 943 S W Grant, Tthe Law Society of the District of Hawke’s Bay, pages 9 and 13

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(C8_78): Will (backing sheet). Image source: Sainsbury Logan & Williams Archive.

AGRICULTURAL & PASTORAL SOCIETY William Richmond was born at Campbeltown, Argyllshire, Scotland, on 8 August 1869, the son of Thomas Orr Richmond, The first Hawke’s Bay Show was held in Danvers Paddock, a farmer, and his wife, Catherine (Kate) Stewart.946 William Havelock North in 1863.944 The attendance was 400 people left school at the age of thirteen and emigrated four years later and it is interesting to note the population of the region at the to New Zealand, working his passage on a sailing ship. He time was 1180. was a rabbiter at Benmore Station in North Otago, and later Francis Logan was appointed the Society’s legal adviser in worked his way to Hawke’s Bay. William Nelson, the founder of 945 1882. Tomoana Freezing Works in Hastings, offered him a job in 1892 In 1911 the Society purchased 51 acres from William Nelson. at Chesterhope, a training farm. He became assistant manager Expansion continued and in 1933 a further 41 acres were added in the late 1890s. taking in Waikoko House, lake and gardens. About 1900 William Nelson greatly expanded his meat opera- By 1952 a further 33 acres were purchased across Elwood Road tions and asked Richmond to purchase 300,000 sheep in one giving a total of approximately 130 acres. The present grounds season. Nelson offered him £3,000 if he succeeded, and no pay consisting of 100 acres (42 hectares) are second to none with at all if he failed; Richmond succeeded. He sailed to Britain unlimited parking facilities, approximately 60 buildings and a about 1901 to investigate the British meat market, particularly well laid out and planted area. Smithfi eld. He thought that Nelson was delivering too much Consistent with Sainsbury Logan & William’s connection with prime meat and that the market for seconds was inadequately the early farming pioneers and settlers, the fi rm acted also for supplied. Nelson turned a deaf ear, so Richmond bought all the the Society and has been involved in the land purchases, rule seconds and exported them on his own account, with more than changes and local authority issues ever since. handsome results. From then till 1909 he organised the stock acquisition for Tomoana. The company of W. Richmond Limited was formed in 1930 with RICHMOND LIMITED Richmond as chairman and managing director. Richmond Limited emerged as one of Hawke’s Bays iconic meat Before the Second World War, friction developed between companies and enjoyed many successes in the years since 1930 Richmond and many directors over his generosity to farm- when it was fi rst formed by William Richmond. ers, price of stock as an advance. This was seen as contrary to

944 See www.hawkesbayshow.co.nz Hamilton Logan was President from 1980 to 1982 and is an Honorary Life Member. 945 Personal recollection, Hamilton Logan, supported by (undated) press 946 This material is taken from an address by Hamilton Logan to a Landmarks clippings from the Hawke’s Bay Herald Tribune. audience in Hastings in 2010.

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shareholders’ interests as Richmond had guaranteed at least the the Heretaunga School Company Limited with the intention of scheduled price as a return. establishing “a preparatory school for boys” and so established The problem was temporarily solved by government bulk pur- by Deed date 22 March 1927 the Hereworth School Trust Board chasing during the war, but in 1946 the government stopped to take title to the land and establish the school on that site. The buying pelts and wool (meat followed in 1954), and Richmond signatories to the Deed included Francis Logan, James Parsons reintroduced the system of owners’ account. Some shareholders Williamson and Henry John Bull (who were Trustees on the saw the advance as a loan, and in 1951 this led to an attempt to Waiapu Board) and Joseph Broadhurst Brocklhurst, Charles sell the business. The affair ended when a large shareholder and Edward Nelson Smith and Algernon Instone Rainbow (Trustees friend of Richmond bought out all the dissenters. for the Hereworth School Trust Board). The school has been in existence ever since and has contributed to the early education William Richmond died at Hastings on 23 August 1956; he was of many who are mentioned in this book. Sainsbury Logan & survived by his third wife, a daughter from his fi rst marriage and Williams has been providing legal advice to the Board since its two daughters and a son from his second marriage. establishment in 1927 and continues that association today. Andrew Morrison from Sainsbury Logan & Williams looked after Richmond’s legal affairs for a long period of time through the 1970s and 1980s. Part of that time Hamilton Logan was Chair. The events over that period are chronicled elsewhere.947

THE WAIAPU BOARD OF DIOCESAN TRUSTEES The fi rst Synod of the Diocese of Waiapu was held at Waerenga- a–hika in 1861.948 In 1868 the Hawke’s Bay Province was transferred to the Diocese. Although it is diffi cult to pin down to a specifi c date, it is believed that Sainsbury Logan & Williams has acted for the Waiapu Diocese since George Sainsbury’s asso- ciation with the Church shortly after he commenced practice in Napier in 1875. (C8_78A) Hereworth School and Chapel. Image source: Photograph taken At least by 1913 it was fi rmly established that Sainsbury Logan by the author May 2011. & Williams were the Diocesan Solicitors.949 George Sainsbury was a parishioner and vestryman for the Parish of St John the Evangelist and attended the St John’s Parish Church when it was located just beneath Napier Hill where it intersects with Church Lane (as it then was). He became a Church Warden in 1880 but resigned in 1882 when he took his leave and returned to England.950 Francis Logan and Louisa Taylor were married in that same Church on 3 July 1883 by the (then) Dean Hovell (a picture of him appears in the Kirkcaldie & Stains cartoon in Chapter 2). Francis Logan went on to become Chancellor of the Waiapu Diocese in 1902. The Diocese stretched from Tauranga in the north, through Gisborne, Hawke’s Bay and to Dannevirke in the south where it met the border with the Wellington Diocese. Hereworth School. Image source: Photograph taken by the author May 2011

HEREWORTH SCHOOL Hereworth School came into existence in 1927 as an amal- gamation of two schools: Hurworth (a preparatory school in Wanganui and feeder school to Wanganui Collegiate) and Heretaunga School which was already established in Hawke’s Bay.951 The Waiapu Board of Diocesan Trustees purchased the land in Te Mata Road which is the present site of the school from

947 See Chapter 9 under the heading Andrew MacLean Morrison. 948 John Buck (Ed), The Gift Endures: A New History of the Waiapu Diocese, Diocese of Waiapu, Christchurch, 2009, page 249ff. 949 Waiapu Church Gazette, 1.12.1913 950 Hawke’s Bay Herald, 14.7.1880 and 8.2.1882. (C8_78C) Hereworth Chapel. Image source: Photograph taken by the author 951 See L S Rickard, Three Schools, Hereworth School Trust Board, CHB May 2011 Printers and Publishers Limited, 1989.

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HENRY & WILLIAM WILLIAMS MEMORIAL TRUST was born and then his father died when Spencer was still a boy. Being left an orphan, it was left to his aunt (Mrs Furness This trust was formed in 1901 in memory of Henry Williams of Longlands) to care for him. When the Furnesses returned and his brother William Williams who were the fi rst Church to live in Scotland, Gollan accompanied them and thereafter Missionary Society missionaries to reside in New Zealand.952 his home was Scotland but he used to visit New Zealand very Henry Williams worked alongside William Colenso for a time frequently. He was a man of many parts and he excelled in many in Paihia before Colenso left to establish a mission station in forms of sport, for example golf, sculling, horseriding, billiards, Hawke’s Bay. Henry Williams’ grandson is Heathcote Williams, boxing and he was in the Cambridge rowing eight. He retained born in Pakaraka in the Bay of Islands and the son of John Mangatarata Station until the early 1900s when he subdivided it Williams and Sarah Busby. Octavius Hadfi eld was Heathcote’s up amongst his family (there were four children) and at a later uncle and had married one of Henry Williams’ daughters.953 The date the family disposed of one of their interests in the property. Trust was settled by Reverend Samuel Williams who established In 1904 Gollan won the Grand National in England with a New a fund to be applied for missionary purposes.954 The original Zealand horse “Moifaa”. He maintained a racing establishment trustees included James Nelson Williams, Frederick Wanklyn both in New Zealand and England. He was a close personal Williams and Edward Heathcote Williams. The recitals to the friend of Francis Logan. Frank Logan (Francis’ son) knew him Deed record:955 well too and at times stayed at his home in London and also at …WHEREAS Henry Williams at one time Archdeacon of St Andrews (Scotland). Waimate in the Provincial District of Auckland but now deceased Gollan used to walk from his home out to the Waiohiki Golf and William Williams at one time Bishop of Waiapu but now Course, play 18 holes then walk back home. He did this even at deceased were amongst the pioneers of missionary work in New the age of 60. He lost the sight in an eye through an accident Zealand… and his death came one day in London when he stepped off the 956 The objects of the Trust focus on: footpath and was knocked over by a bus. …the carrying on of Christian missionary work on the principles “Aunt Bess (Gore) was Spencer Gollan’s friend for many years and of the Church of England as generally exemplifi ed in the meth- in those days this sort of thing caused much eyebrow lifting – it ods and working of the Church Missionary Society among the seems to be accepted these days [1960s] with equanimity.”958 aboriginal Natives of New Zealand or any of the Pacifi c Islands Francis Logan personally acted for Spencer Gollan. There are or among the aboriginal Natives of any other country either numerous letters between them on various aspects of business. by granting aids of money for the support of existing Missions One of the major challenges which emerged early on in the among such aboriginal natives or by despatching missionaries to solicitor/client relationship was the way in which the land at preach to such aboriginal natives or by assisting in the effi cient Mangatarata had been settled in 1906. At that time, given the administration of suitable candidates for missionary work… events surrounding Hatuma and the breaking up of the larger The Trust Deed was drafted by Williams & White, the Hastings farming estates, a scheme was devised whereby the separate fi rm that Heathcote Williams had started before his acceptance titles comprising the whole property were settled and sold into partnership with George Sainsbury and Francis Logan and to four separate trusts with separate trustees for each of his before the establishment of the Hastings “branch” office of children comprising about 3000 acres each. There was a balance Logan Williams & White. of land with considerably more acreage which was transferred Sainsbury Logan & Williams has acted for the Trust since incep- to Gollan’s wife. The ploy worked because the Minister of tion and continues to do so today. Lands confi rmed in a letter to Sainsbury Logan & Williams in November 1906 (see below) that Mangatarata Station was no longer being considered for compulsory acquisition, the owner SPENCER GOLLAN & THE GOLLAN having already subdivided the land into smaller lots for closer SETTLEMENTS settlement. 957 Spencer H Gollan was born in Napier about 1860 and In an added twist, Gollan was an absentee owner (spending after his schooling at the Napier Grammar School he went to most of his time at St Andrews in Scotland) and so the effect Cambridge University. He was the son of Donald Gollan who of the scheme was to also reduce land tax and the effects of the owned Mangatarata Station, a large farming property of 30,000 graduated scale of tax on land which would have seen the top acres just outside of Waipukurau. His mother was the widow marginal rate being paid given the extent of the landholding. of de Pelichet (an early surveyor). His mother died when he However, within two years of the settlement, a change in the tax legislation was imminent and the scheme would not have 952 See Chapter 7 under the heading Estate of William Colenso and see achieved its original goal in so far as land tax was concerned. also Caroline Fitzgerald (Editor), Te Wiremu – Henry Williams: According to an opinion obtained from “H D Bell”959 (as Sir Early Years in the North, Huia Publishers, Wellington, 2011. Francis Bell then signed his name) dated 1 November 1907 it 953 See Chapter 3 which chronicles the life of Heathcote Williams. 954 The amount mentioned in the Deed is a small fortune – £25,400 together with a further £25,600 worth of investments then maturing – a total of £50,000. 958 Frank Logan Memoirs (unpublished), page 117, paragraph 4. 955 Trust Deed dated 16 January 1901. See Charities Commission website 959 Francis Henry Dillon Bell was a partner with Bell Gully Bell & Myers. for a search of the Charities Register under CC24990. He was later to become Sir Francis Bell KC. See photograph in Portrait 956 Pages 2 and 3 of the Deed. of a Profession opposite title page and passage on Sir Francis Bell at 957 Frank Logan, biographical notes, page 7. page 168.

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(C8_78d): Metal lock box containing the Gollan Settlements documentation.

was suggested that the trustees could preserve their respective on the colonial and English turf. The following horses were interests for each of the four children if the land was made at one time on the station:—Miss Dargon, Tiraillerie (dam of available on the open market. It was therefore recommended Tirant d’Eau, winner of the N.Z. Cup, 1898), Cartouche, Namoa, that the trustees of each trust should sell if the price was right Forlorn Hope, Escalade, Leonie, Lady Hamilton, Bonne Idee, and then invest the proceeds on mortgage. This is what in effect Julia, Bessie McCarthy, Tircuse, and the well-known stallions Jet happened. By 1916, three out of the four lots had been sold and d’Eau, Captain Webb, and Bonnie Scotland. Mr. Gollan has won a further opinion was required from (now) Sir Francis Bell as to several races in England with the racehorses Norton and Ebor. Spencer Gollan’s obligation to pay a sum of £100 to each trust on The estate is managed by Mr. L. de Pelichet. account of the administration of the trusts.960 The scheme itself, and the subsequent changes to it and then the mortgage invest- LOUIS DE PELICHET ments fl owing from it were all of signifi cant fi nancial benefi t to Sainsbury Logan & Williams who undertook the legal work. Frank Logan in his biographical notes records the following:962 Mangatarata is described in 1906 as follows:961 Louis de Pelichet was born in the 1850s and was the son of a Mangatarata Estate (Spencer Herbert Gollan, proprietor), Frenchman who came to New Zealand and took a prominent Waipukurau. This estate consists of 30,000 acres of fi rst-class part in survey work in those far off days. He was a half-brother grazing land, and is situated about four miles from Waipukurau. of Spencer Gollan, the owner of Mangatarata Station. After the The property carries 45,000 sheep and about 750 head of cat- breaking up of Mangatarata in 1906, he and J S McLeod founded tle, and employs a permanent staff of twenty-five men. Mr. the stock and station agency company of de Pelichet McLeod & Co Gollan has the reputation of being a breeder of thoroughbred of Hawke’s Bay and Poverty Bay. He was a remarkably able station horses, several of which have given a good account of themselves manager and had a keen stock sense. He was vastly interested in most forms of sport and was highly respected by all.

960 Second opinion from Sir Francis Bell KC dated 6 January 1916. It is interesting to note that in these times, the partners in the offi ce worked THOMAS PURVIS RUSSELL & HATUMA ESTATE from substantial wooden clipboards instead of fi les. There were three such clipboards located in a large tin box in the strong room with a Much of the history surrounding Purvis Russell and Hatuma label painted on the side of the box “Trustees[:] Gollan Settlements”. has been chronicled earlier.963 Purvis Russell was the brother- See image in the series below and Chapter 4 under the heading Keeping Records and Preserving Documents. 961 The Cyclopedia of New Zealand [Taranaki, Hawke’s Bay and Wellington Provincial Districts], The Cyclopedia Company Limited, Christchurch, 962 Frank Logan, biographical notes, page 5. 1908, page 521, available from: www.nzetc.org 963 See Chapter 1 under the heading Hatuma Estate.

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(C8_78e): Front page of the Julia Hilda Gertrude Gollan Trust. (C8_78g): Backing sheet of the Julia Hilda Gertrude Gollan Trust.

(C8_78f): Diagram page as part of the of the Julia Hilda Gertrude Gollan Trust Deed.

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(C8_78n and 0): Handwritten letters between Spencer Gollan and Francis Logan.

C8_78M: Handwritten letters between Spencer Gollan and Francis Logan.

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C8_78l: Handwritten letters between Spencer Gollan and Francis Logan.

C8_78k: Handwritten letters between Spencer Gollan and Francis Logan.

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C8_78j: Handwritten letters between Spencer Gollan and Francis Logan.

(C8_78s): Plan annexed to memorandum of Agreement.

(C8_78r): Front page of Agreement effecting land exchange. Louis de pelichet and Francis Logan have executed the Agreement as trustees of one of Spencer Gollan’s children’s trusts.

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(C8_78t): Backing sheet Memorandum of Agreement on Sale.

(C8_78q): Letter from the Minister of Lands to Sainsbury Logan & Williams (on behalf of Spencer Gollan) dated 3 November 1906 confi rming that the Minister would not be compulsorily acquiring and part of Mangatarata.

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(C8_78p): Notes of a trustees meeting taken in Francis Logan’s distinctive C8_78i: Letter from Bell Gully Bell & Myers dated 1st November 1907 enclos- handwriting in fountain pen ink. ing legal opinion on the graduated land tax issue.

C8_78h: Copy letter to Spencer Gollan from Sainsbury Logan & Williams on letterhead dated 18 March 1907. The partners of Sainsbury Logan & Williams were, at that date, Francis Logan, Edward Heathcote Williams and Alexander Bulwar Campbell. JHG Murdoch was to become a partner within the next year.

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(C8_78u): Auction advertisement.

(C8_78v): Memorandum of Agreement on the sale of the subdivided Mangatarata Station dated 1908.

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(C8_78w): Front page of Spencer Gollan’s probate. Note the ad valorem stamps for estate duty purposes. The gold stamp on the extreme right of the document is a £19,300 denomination. Image source (and following images): Sainsbury Logan & Williams Archive.

in-law of George Sainsbury. Frank Logan made the following Russell towards the end of the 1870s returned to Scotland to live observations about him:964 and only visited New Zealand on one or two occasions before his death in about 1906. He became what is known as an absentee [Purvis Russell] came to New Zealand from Scotland with the landlord and so it was natural that Woburn should be among the early settlers late in the 1840s or early 1850s and shortly after his fi rst properties to be requisitioned under the Lands for Settlement arrival he took up about 30,000 acres in the Waipukurau district Act 1894 – otherwise called “Dick Seddon’s Act”. Woburn was and called it “Woburn”. The fi rst homestead was burned down and purchased by the Crown in the early 1900s and after long and the second was erected in the 1890s and still stands. It is a mile tiresome lawsuits the price paid was, I think, £5.10s per acre or or so south of Waipukurau township. T P Russell became a man very near it.965 The property then became the Hatuma Settlement of importance and wealth in Hawke’s Bay. He was a member of – one of the most satisfactory of settlements made under the Act. the Twelve Apostles who purchased the large block of land known Another could have been Mangatahi. I once spent a week with as the Heretaunga Block from the Maoris – purchase of the block Mr and Mrs T P Russell at their home “Warrick” in Kinrossshire, was viewed unfavourably by many for at the time land could only Scotland. That was in 1904. T P Russell told me many stories of be purchased from the Maoris through the Government. He had a the early days of the settlement of Hawke’s Bay. The gridironing brother, Henry, who was commonly known as “Lord Henry” and method of acquiring land intrigued me, especially the part played he lived at Mt Herbert, a very large station east of Waipukurau. by William Colenso. It was, Russell suggested, a game of “black- After Woburn had been developed into a productive property, T P mail”. I would not suggest T P Russell’s contribution towards the

964 Frank Logan, biographical notes, page 14. 965 See Chapter 1 under the heading Hatuma Estate.

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development was as great as that of many others I have mentioned for it would appear to me that after discovering his fortune had been made in New Zealand, he returned to Scotland for the last 30 years of his life. T P Russell had only one child, a daughter. She married Henry Montgomery of Haddon Hall who was heir to a baronetcy. It was said that Montgomery was inclined to “lord it over” his father in law and it was for that reason that T P Russell in his Will stipulated that those who inherited any of his fortune (which was very considerable)966 must take the name of “Montgomery-Purvis-Russell” (all hyphenated). Furthermore that they had to adopt his “Coat of Arms”. Captain Montgomery was a cousin of the Duchess of Buckingham. She visited New Zealand in March 1893 and stayed in Waipukurau for several days whilst Captain Montgomery was living on the family run at Hatuma. The Duchess was taken around the station by Mrs Montgomery, T P Russell’s daughter. On their travels, they met a Mäori with whom they spoke. According to the Duchess, Mrs Montgomery told the Mäori who she was and said “I suppose you know my father?” The Mäori brightened and said “Oh yes. He is my father too”.967

ADEANE-TOLLEMACHE AND MARSHALL- ADEANE Two sisters married two ex-naval men on the same day. They came from Ashcott Estate in Ashcott Road, just off State Highway 50 (where it intersects with the upper reaches of the Tukituki River). Their grandfather John A’Deane came out to New Zealand in 1855, in company with his only brother, and for many years experienced the hardships of pioneering work in Hawke’s Bay. After a few years’ experience on various stations, chiefl y in the Waipukurau district, he took up an extensive area near Takapau, which he named “Ashcott,” after his native village. This property had formerly been held by the Crown, and was at that time almost entirely covered with fern and native bush. One of his sons, J D A’Deane took over the property. Sainsbury Logan & Williams acted for him. He was heavily involved in hunting as a pastime. His two daughters were married on the same day in 1926 as is recorded in the Evening Post.968

966 A report from London indicated that Purvis Russell left an estate worth £257,677 (see Hawera & Normanby Star, 26.4.1906). 967 The Duchess apparently mentioned the story in a book of her reminis- cences (a copy of which has not been located by the author). The story comes from a typewritten note found inside a leather bound copy of J G Wilson’s History of Hawke’s Bay (see Bilbliography) belonging to Ewan McGregor (a longtime Hawke’s Bay resident ) which says that J G Wilson “did not like to tell the story in his own book”. The truth or accuracy of the story cannot therefore be tested. 968 Evening Post, 8.1.1926. (C8_79): Excerpt Evening Post, 8.1.1926.

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