Avery, Elizabeth Ann

Birth Details
1849/23, Elizabeth Avery - no parents listed
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(Dec 2012)
1849/1174, Elizabeth (sic) Avery, Mother: Charlotte, Father: George

Marriage Details
1872/8261, Bride: Elizabeth Ann Avery, Groom: Charles Franklyn (sic) Smith Burt - Date of Marriage 23/12/1872 from Marriage Registration

Could not see a Marriage Notice in online searchable newspapers (accessed 2/9/2011)

Evening Post 19 April 1886
Supreme Court.
CIVIL SITTINGS.
This Day.
(Before Mr. Justice Richmond and a special jury.)
BURT AND ANOTHER V. ROSS.
The following special jury were empanelled:- Wm. Cable (foreman), T. G. Graham, E. Pollard, D. Bremner, P. Coffey, A. E. Grimstone, B. Y. Goring, J. D. Cruickshank, Jun., J. A. Allan, J. W. Kerby, Chas. Fairlie, A. R. Nicholl, and J. J. Stacey.
Mr. Jellicoe appeared for the plaintiffs and Mr. W. T. L. Travers for the defendant.
The plaintiffs are Charles Frankel (sic) Smith Burt, of the Taita, and his wife Elizabeth Ann Burt, and the defendant is Matilda Ross, of the Lower Hutt. The statement of claim set forth that on the 4th of November, 1885, the plaintiff, Charles Burt, was in possession of a dwellinghouse, shop, and premises at Taita, and on that day the defendant''s servants, acting under defendant''s authority wrongfully broke and entered the plaintiffs house and premises and forcibly expelled them from the said premises and then seized and threw out their goods. By reason of this the plaintiffs say they were deprived of the possession of their premises, that their furniture was greatly damaged, and they also suffered annoyance and disgrace, and the loss of credit and reputation. The plaintiff therefore prayed judgment for £100 damages each on account of the ejection and also £100 damages for assault on the plaintiff, Elizabeth Burt. The defence set up was that at the time of the ejection the defendant was entitled to the freehold of the property, and that defendant was also entitled to have the property delivered up to her by plaintiffs. It was admitted that the defendant did eject the plaintiffs and their goods, but that she had a right to do so by reason of the possession of the freehold. A further defence was that some time in the month of July, 1880, a Mr. William Bruce granted the lease of this property to one Richardson for a term of seven years at a yearly rental, payable half-yearly on the 1st of October and 1st of April in each year, and that the lease contained the usual covenant that if the rent was in arrear for the space of 30 days thereafter, whether the same could be legally demanded or not, or if there was any breach of the covenant, then in any such case it should be lawful for William Bruce to re-enter and determine the lease without relieving the lessees from their liability. Reversion was vested in the defendant in 1885, and the half year''s rent not being paid on the 1st October by Richardson, to the lessor, the lessee forfeited all interest in the lease, and defendant was then entitled to eject the occupiers. Mr. Jellicoe, in opening the case, stated that on the 4th November the plaintiffs were in possession, and an agent of defendant named Bell, and another man named Wilson, went to the premises of plaintiffs, armed with a piece of paper, which they represented was Mrs. Ross'' authority, and put out the plaintiffs. They succeeded in getting into the shop by breaking it open, and threw out all the goods they saw. Being unable to get into the residential portion of the premises, except by a side entry, they did a very ingenious thing — they bored a hole into the partition to enable the men to pass through. Thinking they were masters of the situation the men then flung out chairs, tables, and crockery, and finally pitched Mrs. Burt into the street. Evidence was then adduced in support of plaintiffs'' case.
[Left sitting.]


could not see a death notice in online searchable papers (accessed 2/9/2011)

Tararua District Council Cemetery Records
Interment ID: 6383
Last: Burt
First: Charles
Middle Names: Franklin Smith
Age: 77
DOB: 15/08/1840
Occupation: Carpenter
Last Address: Mangatainoka, Pahiatua
Cemetery: Mangatainoka Pahiatua
Section: Main
Block: 4
Section/Plot Number: 7
Grave: 53
Marital Status: Married
Person Classification: Adult
Number of Burials: 1
Row Alpha:
Religion: Presbyterian
Date of Death: 19/09/1917
Date of Funeral/Burial: 21/09/1917
Time of Funeral/Burial:
Burial Warrant Number:
Funeral Director: C M Burt
Interment Type: Burial
Funeral Officiator:
Depth: 5 Feet
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Comments: Headstone Inscription: In loving memory of Charles Franklin Smith Burt, born at Northampton, Mass U.S.A August 15 1840, died at Mangatainoka N.Z. September 19 1917. Also beloved wife of the above, Elizabeth Ann, died Oct. 25 1931, aged 82 years. Also beloved daughter of the above, Hilda May, died Oct. 5 1925, aged 46 years.

Probate Charles Franklin Smith Burt, Place: Maungatainoka, Date of Death: 19/9/1917, AAOY W3298 126, Filed: 12/11/1917, Will, Archives NZ, Wellington

Tararua District Council Cemetery Record
Interment ID: 9219
Last: Burt
First: Elizabeth
Middle Names: Ann
Last Address: Main St, Pahiatua
Age: 82
DOB:
Occupation:
Cemetery: Mangatainoka Pahiatua
Section: Main
Block: 4
Section/Plot Number: 7
Grave: 52
Marital Status: Widow/Widower
Person Classification: Adult
Row Alpha: Religion: Presbyterian
Date of Death: 25/10/1931
Date of Funeral/Burial: 27/10/1931
Time of Funeral/Burial:
Burial Warrant Number:
Number of Burials: 1
Funeral Director: C M Burt
Interment Type: Burial
Funeral Officiator:
Depth: 5 Feet
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Comments: Headstone Inscription: In loving memory of Charles Franklin Smith Burt, born at Northampton, Mass U.S.A August 15 1840, died at Mangatainoka N.Z. September 19 1917. Also beloved wife of the above, Elizabeth Ann, died Oct. 25 1931, aged 82 years. Also beloved daughter of the above, Hilda May, died Oct. 5 1925, aged 46 years.