Person Index

Liverton, Agnes Jane

Agnes Jane Liverton
b: 1879
d: 5 NOV 1945
Could not see a Birth Registration

Marriage Details
1910/742, Bride: Agnes Jane Liverton, Groom: John McKenzie

Evening Post 6 June 1933
Better provision out of the estate of William Alfred Liverton, a wealthy sheep farmer, late of Wellington, was sought by his eldest surviving son, William Charles Liverton, station hand, of Pakowai, in the Supreme Court today before Mr. Justice MacGregor. The testator left an estate valued at over £100,000. William Septimus Pearce, accountant, George Rewanui Liverton, sheep farmer, and William Roy Robson, accountant, all of Wellington, the executors of the will, were the defendants. Eight counsel were briefed in the case. Mr. W. Heine and Mr. H. J. V. James appeared for the plaintiff; Mr. G. G. Watson for the three trustees; Mr. H. F. O''Leary for George Rewanui Liverton, as a beneficiary, and for the testator''s widow, Mrs. E. S. Liverton (who in addition to being a beneficiary represented two infant children); Mr. H. R. Biss for Elizabeth Moje, one of the beneficiaries and a daughter by the first marriage, and Robert Liverton, a son; Mr. Samuel for Agnes Jane McKenzie, a beneficiary and daughter of the second marriage, and for her children; Mr. E. Parry for Mary Cook, a beneficiary and daughter of the first marriage; and Mr. J. F. B. Stevenson, for Myrtle Louisa Harvey, a daughter of the plaintiff.
Replying to his Honour, Mr. Watson said the trustees had decided simply to abide the judgment of the Court. They did not propose taking any active part in either opposing or supporting the claim.
Mr. Heine said that the testator died at Wellington on November 16, 1931, at the age of 91. He left an estate of which the final balance was £157,703, and the net value, after meeting death duties and testamentary expenses, was £114,000. The pecuniary legacies, under the will amounted to £22,000, and the legacies, he understood, had been paid. The residue of the estate at the present time was £48,000, but on the death of the testator''s widow a further £28,000 would fall into residue, making a total ultimately of £76,000.
The plaintiff, said Mr. Heine, was 61 years of age. Since the age of eight he had suffered from deafness, which had become increasingly worse. The plaintiff also suffered severely from varicose veins, which, in the opinion of Dr. Boyd, rendered him unfit for hard work. Apart from these two disabilities he was regarded by the doctor as being in exceptionally good health. His average earnings as a station hand at Pakowai for the last two and a half years had been approximately £1 10s net a week. In addition he had an annuity of £100 under the will of a half-brother. Tho annuity was payable only as long as the plaintiff continued to work voluntarily on the Pakowai sheep station, and, according to the doctor''s affidavit, he was no longer fit for hard work. If he followed the medical advice he would be thrown back on the income, aproximately £140, which he derived from a trust fund under the will. The plaintiff had annual expenses to meet for the maintenance of his only surviving son, and provided the rate remained as at present, he had left a net income of £100 out of the fund.
Mr. Heine said that the testator was married three times and some of the beneficiaries belonged to each of the three families. After referring to the provisions of the will, counsel submitted that the plaintiff should be granted a lump sum of £2000 and that his annuity should be increased to £300. If the Court was of the opinion, that the plaintiff should not be allowed a lump sum, it was suggested that he should receive £500 or £600 a year from the estate.
Mr. James also addressed the Court on behalf of the plaintiff. His submission was that if the Court granted the sums suggested by Mr. Heine literally none of the defendants would notice them.
Mr. Watson pointed out that in assessing the income from the estate, or even in assessing the value of the residue, the figures which, had been handed in to the Court must be taken as purely paper figures that were not likely to be realised should realisation of the assets take place under present-day, circumstances.
The attitude adopted by Mr. O''Leary and Mr. Biss, on behalf of their clients, was that there had been no breach of the testator''s moral duty to the applicant and no want of appreciation of his claim. It was submitted the claimant had not discharged the onus upon him of showing that he had not received proper provision under the will of the testator.
Mr. Samuel said that Mrs. McKenzie did not oppose the making of an order for further benefits to the plaintiff, but it was claimed that the plaintiff should not be put in such a position that his general mode of life should be altered. The view taken was that the will should be altered only to the extent of repairing any defect in the testator''s duty to the applicant. After hearing further argument his Honour reserved his decision.

Evening Post 9 June 1933
By the-decision of Mr. Justice MacGregor, delivered in writing in the Supreme Court today, William Charles Liverton, station hand, aged 61, of Pakowai, is to receive further provision out of the estate of his father, William Alfred Liverton, a wealthy sheep farmer, late of Wellington. His Honour made an order granting the son an annual additional allowance of sum of £150, to be paid to him during his life by equal monthly payments, the payments to form a charge on the net residue of the testator''s estate.
The application was made by the son under section-33 of the Family Protection Act, the case being heard by Mr. Justice MacGregor on Tuesday. The net value of the father''s estate was stated to be £114,000. Under the will the applicant, the testator''s eldest surviving son, was left the income from a fund of £4000. This income, his counsel said, had amounted to £161 for the past year, but it was probable that it would be about £140 in the future.
In fixing the annual payment of £150, his Honour said he had taken into account the long and almost gratuitous assistance given by the plaintiff to his father many years ago in building up the family estate, as well as the probable loss by him in the near future of his present yearly wages (£78) and also of the annuity of £100 conditionally given to him out of his brother''s estate. He did not think he would be justified in giving to the plaintiff a lump sum in addition, as suggested by his counsel.
Mr. W. Heine and Mr. H. J. V. James appeared for the plaintiff, and there were also six other counsel at the hearing, representing interested parties. His Honour made an order for the costs of all parties to be paid out of the estate as follows: The plaintiff to receive 35 guineas and disbursements, each of the defendants (other than the trustees) represented by counsel at the hearing to receive 10 guineas and disbursements, and the defendant trustees to retain their costs out of the estate in the usual way.

Death Details
1945/27696, Agnes Jane McKenzie, Aged: 66Y - Date of Death 5/11/1945 from Death Registration

Nelson City Council Cemetery Records
Record No: WKNG18039
Family Name: MCKENZIE
Age: 66 years
Given Names: AGNES JANE
Date Deceased:
Interment Date: 7/11/1945
Gender: F
Plot 039
Block: 18
Grave/Ashes: Burial
Funeral Director: P. DAY & SONS

Probate Agnes Jane McKenzie, Place: Richmond, Occ: Widow, AAOO 17072 W5410 4070, Filed: 8/4/1946, Will, Archives NZ, Wellington
  • 1879 - Birth -
  • 5 NOV 1945 - Death -
William Alfred Liverton
1840 - 16 NOV 1931
Agnes Jane Liverton
1879 - 5 NOV 1945
Jane Dunn
1848 - 29 AUG 1890
Family Group Sheet - Child
PARENT (M) William Alfred Liverton
Death16 NOV 1931
Marriage3 SEP 1866to Elizabeth Jane - 2nd Daughter SYKES at Residence of Mr. William Sykes, Waimetu
Marriage1875to Jane Dunn
Marriage1901to Esther Susannah Curtis
FatherGeorge Liverton
MotherMary Osborne
PARENT (F) Jane Dunn
Death29 AUG 1890
Marriage1875to William Alfred Liverton
MAlfred Liverton
Death9 JAN 1928
MJohn Liverton
MRobert Liverton
Death7 AUG 1951
FAgnes Jane Liverton
Death5 NOV 1945
Marriage1910to John McKenzie
Family Group Sheet - Spouse
PARENT (M) John McKenzie
Marriage1910to Agnes Jane Liverton
PARENT (F) Agnes Jane Liverton
Death5 NOV 1945
Marriage1910to John McKenzie
FatherWilliam Alfred Liverton
MotherJane Dunn
Descendancy Chart
Agnes Jane Liverton b: 1879 d: 5 NOV 1945
  • Top Surnames

    Unknown (118)
    Peck (69)
    Harris (63)
    Welch (61)
    Hooper (55)
    Hirst (52)
    Avery (51)
    August (48)
    Gaskin (44)
    Judd (41)
  • Wedding Venue Bookings

    To book a wedding email
    or phone Daphne Daysh 04 977 2055 or 027 687 2055