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JOHNSTON_ ESTATE.
Deficit of £49,625.
The estate of the late Senator E.
B. Johnston has a deficit amounting
to £49,625/8/8. according to a state
ment of the assets and liabilities filed
at the probate office, Supreme Court.
In Supreme Court Chambers yes
terday, Mr Justice Wolff made a
grant of letters of administration,
with the will annexed, of the estate
of Senator Johnston to the testator's
widow. Hildelith Olymphe Johnston,
of 259 Adelaide-terrace. Perth, and
Hubert Cockburn Johnston, of Kulin,
farmer, the testator's brother, for
"the use and benefit" of the testa
tor's nephew Harry Edward John
ston. son of Hubert Johnston.
Harry Johnston, named by the
testator as his sole executor and
trustee, is a member of the AIF,
and on September 15 his father was
advised by the military authorities:
"Further reports received at this
office state that Pte Harry Edward
Johnston, previously reported miss
ing, is now reported prisoner of
war. Camp not stated."
The fact that his father and aunt
believe that Pte Johnston is a pri
soner of war in Italy or elsewhere
in Europe was one of the reasons ad
vanced by them in support of their
application for the grant of letters
of administration.
The grant was not opposed by
Senator Johnston's chief creditors.
the Federal Commissioner of Taxa
tion (Mr L. W. Jackson) and the
State Commissioner of Taxation (Mr
M. D. Mears), who put in an affi
davit signifying their consent.
The body of Senator Johnston was
washed up on the beach at Black
Rock, near Sandringham (Vic), on
S ,eptember 6, and on September 21
the Melbourne City Coroner (Mr A.
c. Tingate) inquired into the cir
cumstances of the fatality and re
turned an open finding that it was
due to "asphyxia from drowning."
On September 4, Johnston had
signeda document which has been
produced to the Judge as Johnston's
last will. It reads:
"I revoke all former wills and ap
point my nephew, Harry Edward
Johnston, of the Australian Imperial
Forces, abroad, sole executor and
trustee hereof. I bequeath to each
of my nephews and nieces living at
the time of making this my will as
shall survive me the sum of £100.
I leave all the rest of my estate,
whatsoever and wheresoever, to my
wife. to be used by her in such man
ner as she in her absolute discre
tion may think fit. It is my wish
however, but without creating any
legal obligation so to do, that my
wife shall therewith help any of my
brothers who may be in need."
The document was signed by
Johnston and by 2 witnesses.
In the statement of assets and
liabilities filed at the probate o1mce,
the testator's assets are stated as
£47,810/2/9, and the liabilities as{
£97,435/11/5. The chief liabillttes,I
under the heading "unsecured," are
stated as £75,490 (judgment debt to
the Federal Commissioner of Taxa
ion), and £16,45 (Judgment debt
the state Commissioner of Taxa
tion).
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