On 15 October 1883 a case came before the courts in the colony of Victoria, Australia concerning six members of the same Buggy family.[1] The mother, Margaret Buggy, had died on 5 June 1881 without leaving a will. She had real estate valued at 600L. (pounds) in her name when she died.
Her husband, Dennis Buggy, took out administration on 6 October 1881 and sold all the real estate. According to the laws of the time he was supposed to file his accounts of administration within a certain time frame.
On 28 June 1883 two of the sons, Patrick and John Buggy, brought an action against their father, and their two other brothers, James and Joseph Buggy, for the accounts of administration to be filed. Dennis Buggy filed the accounts on 4 July and they showed a remaining balance of 315L. 15s.
The action, or bill, brought by Patrick and John Buggy called for a number of measures:
i) That they be given administration of their mothers estate
ii) That their father should be ordered to pay each of the plaintiffs 52L. 12s. 10d., or pay the court the full 315L. 15s.
iii) A full account of the rents and proceeds of the sale of the real estate
iv) Payment to the plaintiffs of what is due to them as their share of the estate
v) That the defendant, Dennis Buggy, should pay the costs of the suit
Mr. a’Beckett represented Patrick and John Buggy with Justice Molesworth presiding over the case. Dennis Buggy was ordered to pay 52L. 12s. 10d to each of the defendants, along with the costs of the suit. The rights of the co-defendants, James and Joseph Buggy, were also acknowledged.
You can read about the case here.
[1] Webb, George H.F. 1883. Council of Law Reporting in Victoria – The Victorian Law Report Volume 9: Melbourne: Charles Maxwell. p.134.
