Lacmalac
In 1837 Mr James (1st) KELL was born in Scotland, to parents were
James Kell came to Australia with his parents when he was four years of age; and, after doing a sojourn in Melbourne, they took up tbeir abode at Berrima.
James (1st) Kell, who had arrived in Tumut in 1856 and had taken up land at Lacmalac, and also, along with John Beale and others, a carrier, plying between Circular Quay and Tumut.
Mr James (1st) Kell maried Miss Sarah ANDERSON
TUMUT - Page 511
Distance 259 miles South of Sydney
Mail closes at General Post Office daily 4 pm.
Mail arrives at Post Town daily (Tuesday excepted) 4 pm.
Mail leaves for Sydney daily (Friday excepted) 4 pm.
Mail arrives at Sydney daily 7.15 am.
Route – Rail Goulburn, and coach Adelong, 10m. Tumut.
1906 - Mr. James Kell, an old and respected résident of Lacmalac, in the Tumut district, died suddenly on 11th May, 1906 - (Ref- Australian Town and Country Journal (NSW : 1870 - 1907) Wednesday 16 May 1906).
In a recent issue we made brief reference to the death of Mr. James Kell, who died suddenly at his residence near Tumut, the cause being an affection of the heart.
We have now before us a oopy of the Adelong' Argus,' which refers to the late Mr. Kell as a model citizen and one of the oldest pioneers of the Tumut district. The suddeness of his call to rest can be understood from the fact that when he woke from sleep on Saturday morning he asked , the time and on being told that it was 7 o'clock he remarked, ' Well, I had the best night's rest last night that I have enjoyed for a long time past' He then turned over on his side, and within two minutes he was dead. 'Thus ended the life,' says the 'Argus,' of an affectionate husband, a loving father, devout and charitable neighbour, and a sterling friend.' The late Mr. Kell came to Australia with his parents when he was four years of age; and, after doing a sojourn in Melbourne, they took up tbeir abode at Berrima.
At the age of 18 years he began a career on his own behalf.
Accompanied by his brother Edward he journeyed to Tumut and began in the carryinbusiness from there to Sydney, landing the first load of merchandise there 61 years
ago. After carrying on this vocation for a time the young men were joined by Mr.John Beale, and afterwards by Mr. T. Lindbeck. The three teams kept togsther for some years, and in the year 1860, by exercising tne greatest of frugality, Mr Kell had accumulated sufficient money to be able to purchase the property at Lacmalac
on which he resided the remainder of his life, his decease having taken place on the site of the first home he built there. He continued on the carrying line for some
time afterwards, and was able to add a considerable area of land to his first purchase; and later on he bought the Goobrgandra property.
Every acre of land standing in his name was made perfectly freehold before his death, so he has left behind him a valuable estate.
He was married twice, his second wife surviving him; he also leaves a large family. The deceased led an exemplary life, having a reputation for honesty and integrity that could not be excelled.
He took an active interest in church matters, and was an enthusiastic worker in other institutions; he also joined the Masonic Lodge, aud during his membership attained the position of a Past-master.
The funeral was largely attended, the cortege being one of the longest witnessed in the district, and this fact must be accepted as good testimony of the
respect and esteem in which the deceased was held.
As we previously mentioned, the late Mr. Kell haa several relatives residing in the Berrima District. (Ref- Robertson Advocate (NSW : 1894 - 1923) Fri 8 Jun 1906
Page 2 The late Mr. James Kell.)
1907 - LEGAL NOTICES., - IN THE SUPREME COUUT OF NEW SOUTH WALES -Probate Jurisdiction.-No. 37,-30.-In the Estate of "JAMES KELL, late of Lacmalac, near Tumut, in the State of New South Wales, Grazier, deceased.-* Notice is hereby given that the Flint Account* in tint above Estate have till today been tiled in my office, Chancery-square, Sydney, and all persons having any claim on the said Estate, or being" otherwise lu twisted therein, are hereby required to come in to tare me at my sold o(Ucc, pu or before Ilia twenty eighth day of October next, at 11.46 o'clock, in the forendon, and Inspect ti«. Minc, and if they shall think fit, object thereto, otherwise it the said Ac. cuu.it» be not objected to the «aunt will be examined by me and passed according to law, Dated this nineteenth day of September, 1907. T, W, GARRET. (LS,), Rogistiar. TAYLOR »nd TA1ITAKOVER, Russell street, Tumut. By their Agent, UEO. IL TURNER, 70 Pitt street, Sydney. IN THE SUPREME COURT OF NEW SOUTH WALES. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954)(about) Previous issue Tuesday 24 September 1907).
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1919 - IN EQUITY. (Before Mr. Justice Street.) - LEASE OF LACMALAC LANDS. - Kell v Harris and others.
This was a suit instituted by Stanley Kell against Alfred Harris, James Kenneally, and Michael McNamara, in which he prayed, among other things, that the defendants, their servants, and agents may be restrained during plaintiff's term of an alleged lease of certain lands at Lacmalac, in the Tumut district, from interfering in any way with his possession, occupation, and enjoyment of the
lands.
Mr. Bonney, instructed by Messrs. Boyce and Magney, agents for Messrs. Emanuel and Emanuel, of Tumut, appeared for the plain- tiff; Mr. Clive Teece, instructed by Mr. G. H. Turner, agent for Messrs. Turner and MacKenzie, of Tumut, for the defendant,
Harris; Mr. Parker, instructed by Mr. G. H. Turner, agent for Messrs. Taylor and MacKenzie, of Tumut, for the defendant, Kenneally; and Mr. Flannery, instructed by Messrs. Murphy and Moloney, for the defendant, McNamara, to submit to any order the Court might make.
The defendant, Harris, had been in occupation of the Lacmalac lands as lessee from the defendant, James Kenneally, under a
tenancy, which expired In September, 1914. By an agreement, made In July, 1913, the defendant, James Kenneally, leased the lands to plaintiff for 10 years from September 1, 1914, at a rental of £90 a year; and in the following month, Kenneally purported to give Harris, who, it was alleged, was well aware of the lease to plaintiff, a lease of the property for three years at a rental of £100 a year. The agreement between plaintiff and James Kenneally was duly registered on September 5, 1913, but the purported agreement between Kenneally and Harris had not been registered. Plaintiff submitted that since September 1, 1914, he had been entitled to an equitable estate or interest, and exclusive possession and occupation of the lands for 10 years. Since the last mentioned date, the defendant, Harris, by his servants and agents, and the defendant, James Kenneally, by Harris, as his purported tenant, had been wrongfully in possession of the property, and had excluded him from the same.
Plaintiff also prayed that the defendant, Harris, be ordered to vacate the lands, and deliver up possession to him; an inquiry may be held to ascertain the loss and damage he had sustained by reason of Harris's possession and occupation of the property since September, 1914; that the defendants, Harris and James Kenneally, be ordered to pay the amount found to be due to him on the
inquiry within 14 days after service of the Master's certificate; and that they be ordered to pay his costs of the suit, and those of the defendant McNamara.
The defendant, Harris, claimed that, as lessee to James Kenneally, he was in rightful possession of the property.
The defendant, Kenneally, pleaded that, if he gave any lease to the plaintiff, he was ill at the time, and did not understand what he was doing.
Mr. Teece demurred to the statement of claim on the ground that if plaintiff considered he had a legal right to possession of the property, his proper course was to have taken proceedings in common law, and not in Equity.
His Honor reserved his decision in respect of the demurrer until after the hearing of evidence.
Mr. Bonney applied to amend the pleadings in the statement of claim, which his Honor granted.
Mr. Teece then objected that in the amended pleadings the suit was defective for want of parties, and the objection was upheld.
The matter was adjourned till the following afternoon to enable the other necessary party (Thomas Kenneally) to appear. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Wednesday 8 September 1915).
1915 - IN EQUITY. (Before Mr. Justice Street.) - LEASE OF LACMALAC LANDS. - Kell v Harris and others.
The matter remains part heard. - (Before Mr. Justice Harvey.)
ESTATE OF R. F. M. ECKFORD, DECEASED'.
Spott and another v Eckford and others.
This was a suit instituted by Aithur John Scott and Jessie Eckford, trustees of the will of Arthur George Eckford, deceased, against Leslie Francis Eckford, Susan Ann Eckford, and others, in which plaintiffs prayed, among other things, for certain accounts to be taken and inquiries held in respect of the personal estate (not specifically bequeathed) of Robert Francis Maitland Eckford, grazier, deceased, late of Randwick, that I had come into the hands of the, surviving ' trustees of his will, or into the hands of anyone on their behalf, and as to whether there had been' any appropriation made to answer certain legacies, including one of £1000 bequeathed by R. F. M. Etkford to his widow, tho defendant, S. A. Eckford. . . .
Mr. Langer Owen, K.C., and Mr. Parker, instructed by Messrs. J. Stuart Thom and Co., appeared for the plaintiffs; Mr. Maughan and Mr. Milner Stephen, instructed by Messrs. Stephen, Jaques, and Stephen, for the defendants, Lisle Francis Eckford, Clive William Eckford, and Robert Valentine Eckford; and Mr. Leonard Stephen, of Messrs. Stephen, Jaques, and Stephen, for the defendant, Susan
Ann Eckford.
The testator, Robert Francis Maitland EckTord, who died in September, 1907, by his last will (appointed his widow, the datendant, Susan Ann Eckford, and his sons, the defendant, Lisle Francis Eckford, and Arthur George Eckford, executrix, executors, and trustees of his estate. Arthur George Eckford died on August 27, 1011, having by his will appointed his wife, the plaintiff, Jessie Eckford, his brother, tho defendant, Lisle Francis Eckford, and the plaintiff, Arthur John Scott, his executors and trustees.
His Honor was Informed that a settlement had been arrived at, the terms of which had been signed by counsel and filed in court. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Friday 10 September 1915).
1915 - LEASE OF LACMALAC LANDS - Kell v Harris and others
- Judgment was delivered in the matter of the suit in which Stanley Kell prayed, among other things that the defendants Alfred Harris, James Kenneally, Michael McNamara and Thomas Kenneally, their servants, and agents might be restrained during plaintiff's term of an alleged lease of certain lands at Lacmalac in the Tumut district from interfering in any way with his possession, occupa-
tion and enjoyment of the lands.
After reviewing the evidence, his Honor said that he thought all the objections taken to the plaintiff's claim had failed and that he was entitled to relief. As he had only an agreement for a lease, the suit was in effect one for specific performance of that agreement; that was for the execution of a lease in accordance with the terms agreed upon. But as the terms of the agreement were clear, he saw no reason why, in order to avoid expense and multiplicity of actions, he should not not now give the plaintiff the relief to which he would be entitled if a lease had in fact been executed. He ordered, the defendant Harris to deliver up possession of the land to the plaintiff within three weeks after service upon him of a copy of the decree. The plaintiff must pay the costs of the defendants, McNamara and Thomas Kenneally, as submitting defendants; and the defendants, James Kenneally and Harris, must pay the plaintiff's costs, including those paid to the other defendants under the order.
Mr Bonney, instructed by Messrs. Boyce and Magnay, agents for Messrs. Emanuel and Emanuel, of Tumut, appeared for the plaintiff: Mr. Clive Teece, instructed by Mr. G. H. Turner agent for Messrs Taylor and MacKenzie of Tumut, for the defendant Harris; Mr.
Parker, instructed by Mr. G. H. Turner, agent for Messrs Taylor and Mackenzie, for the defendant, James Kenneally; and Mr. Flannery, instructed by Messrs. Murphy and Moloney, for the defendants McNamara and Thomas Kenneally submitted to any order the Court might make.- (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Saturday 25 September 1915).
1919 - IN THE SUPREME COURT OF NEW SOUTh WALES.-Probate Jurisdiction.-In the Estate with the Will anuened of CHARLES GILBERT LONG late of Lacmalac near Tumut in the State of New South Wales, Grazier deceased.- Application will be made after fourteen days from the publication hereof, tint administration with the Will annexed of the Estate of the abovenamed deceased may be granted to the PUBMO TRUSTEE; the Executors named in the said Will having renounced Probate and all persons having claims against the said Estate must reader the same in detail to the PUBLIC TRUSTEE/ on or before th'e Ihirty-flrst diy of October 1919. TAYLOR and MACKENZIE Proctors for the Public Trustee, Wynyard street; Tumut. By G. H. TURNER 26 Hunter-street Sydney. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954)(about) Previous issue Friday 17 October 1919).
1929 - IN EQUITY. (Before Mr. Justice Street) LEASE OF LACMALAC LANDS. - Kell v Harris and others. -
The matter remains part heard. -
(Before Mr. Justico Harvey.) -
A PEARL INDUSTRY AGREEMENT. -
Burns, Philp, and Co., Ltd., v" Celebes Trading
Company, Ltd., and others.
Final judgment was delivered in the orginating Summons instituted by Burns, Philp, and Company, Ltd., for the determination of certain questions arising out of an agreement entered into between the plaintiff company and various companies, firms, and individuals Interested In tho pearl-fishing Industry.
His Honor, after reviewing the facts of the case, said that at the present time Burns, Philp, and Co. had in their charge about 210 tons of shell from Thursday Island consignors, against which they had advanced, prior to the outbreak of the war, £32,683; and 173 tons of shell from Broome consignors, against which they had advanced £3S,411. The question he was asked to decide was whether Burns, Philp, and Co., had to remain out of that money so long as the war lasted, or whether there were not some means by which the charge, which they undoubtedly had over the shell, could be realised, either by the company or the Court, on its behalf.
His Honor held that in his opinion Burns, Philp, and Co. had no right to recover the amount of their advances by a sale of the shell, either by themselves or the Court Whether the company had a remedy outside the contract for money lout did not ariao before him. He had not considered the question, and, therefore, expressed no opinion on the point. With respect to the incidental expenses that the company had incurred in connection with the shell since August 8, 1914, the date on which tho contract became in abeyance, the position appeared to him to bo different. The company's position was that it held the shell as trustees for tho consignors, and, clearly, they had a duty to the consignors to safeguard it, and take all reasonable steps to preserve it against the time when the contract again comes into active force. That was not a duty which was cast upon them by the contract, which was in abeyance, but a duty cast upon them by the fact of their being trustees of the shell for the consignors. He thought Burns, Philp, and Co. were en titled to a charge on the Blioll for all their incidental expenses, such as storage, and. in default, the consignors paying them on demand. The Court should order a sufllciont portion of each consignor's shell to bo sold in order to refund the company their expenses. He, 0therefore, declared that in default of the consignors paying, within 14 days after demand, their respective shares of the expenses properly incurred by the plaintiff. company in respect of the shell in their hands belonging to the respectivo consignors,- Burns, Philp, and Co. were at liberty to sell a sufficient portion of the shell belonging to any defaulting consignor to pay his portion of expenses. Leave was given the parties or any of the consignors to apply to the Court in tho event of any dispute arising In tho carrying out of the order of the Court. .
Mr. Langer Owen, K.C., and Mr. Jordan, instructed by Messrs. W. A. GUdor, McMAster, and Co,, appeared on behalf of, the plaintiff company; and Mr. Mackell, Instructed by Messrs. Shipway and Berne, for the defendants, the Celebes Trading Company, Ltd., Wy Iben Pearling Company, Ltd., J. B. Carpenter and Sons., Ltd., Waltor Randolph Carpenter, Ernest Warner Cleveland, Thomas Josoph Farquhar, Ernest Julian Hennessey, and others. - (Ref- The Sydney Morning Herald (NSW : 1842 - 1954) Saturday 11 September 1915).
TUMUT (NSW) Monday - Andrew Kell of Lacmalac, is unconscious in the Tumut Hospital as a result of the over turning of a motor car he was driving to Adelong. A number of footballers were in the car. Kell received injuries to the side of the head and one of his ears was almost torn off. The other occupants of the car received injuries ranging from severe shock to cuts and abrasions. The accident happened on a good road about four miles out. Practically only the hood of the car was damaged. - (Ref- The Argus (Melbourne, Vic. : 1848 - 1956) Tuesday 16 July 1929).
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1. KELL, MARGARET 13567/1861 JAMES & SARAH born in TUMUT
2. KELL, MARTHA 14167/1863 JAMES & SARAH born in TUMUT
3. KELL, JESSIE 15475/1866 JAMES & SARAH born in TUMUT
4. KELL, SARAH 17111/1868 JAMES & SARAHborn in TUMUT
5. KELL, ANDREW 17879/1870 JAMES & SARAH born in TUMUT - DEATH OF MR ANDREW KELL - A gloom was cast over the community on Wednesday evening, when the news circulated that Mr. Andrew Kell, the victim of the car accident at Killarney Creek, Tumut — Gilmore Road; had died at 4 p.m. that day from his injuries; without regaining consciousness.
When deceased was brought in to Tumut he was at once seen by Dr. Clouston that he was in a critical condition and it was expected that death would supervene
within a few hours, but he lingered on for three days.
The accident occurred all too sudden to enable the occupants of the car to say exactly how it happened: but all circumstances point to the bump on entering the
gutter breaking the main leaf of the rear spring on the driver's side, making the car, with its heavy weight of passengers, sag that way, and bring the mudguards into contact with the hind wheel on that side, thus stopping or locking it just at the moment, and causing the car to rear and capsize to the right on to its hood, then
rebound back the same way on to its wheels again, ,in which position it was when it came to a standstill.
This seems the more probable solution to the problem as to how the accident was caused, seeing that it was nearly 30 yards after passing the gutter that the car toppled over, on what would be deemed quite level ground.
The profound and general regret at the death was reflected in the very large cortege of mourners and friends who followed the remains to their last resting place in the Presbyterian portion of the New Cemetery on Thursday.
Deceased was the eldest son of the late James Kell, one of the district pioneers, and was born here. He followed farming and grazing pursuits,
in the footsteps of his father, who had forsaken carrying in the old days for the land.
A shrewd and cautious business man, of keen husbandry knowledge, success followed has efforts and he held considerable broad acres at the time of his demise.
Quiet, but hard thinking, he employed his mind for the welfare of his wife and children's future.
Thirty-two years ago his marriage with Miss Emma Kebblewhite took place in the Presbyterian Church, Tumut.
To the union, six sons (one deceased) and five daughters were born, the sons surviving being
William James ('Bob'),
Andrew John ('Jack'),
Edward George,
Louis Garfield
and Arthur Wallace,
and daughters
Miss Sarah Isabel, Mrs. Harry Jones (Tomorroma),
Mrs. Thomas Harris (Lacmalac), and
Misses Daisy
and Eva (Lacmalac).
These, and a sorrowing widow, are left to mourn their irreparable loss, and, besides these there are 3 sisters
(Mrs Ben Day, Mondongo,
Mrs. J. Gordon, Auburn,
Mrs. Chas Clout), & two brothers
James and William (Lacmalac).
Mr. Stanley Kell (Lacmalac) is a step-brother.
After leaving the hospital a short service was conducted by 'Rev. J. Walton in the Presbyterian Church, who also officiated at the grave.
<>Messrs Fuller and Burt carried out the funeral and burial arrangements.
The bearers were deceased's two brothers and four of the sons. - (Ref-The Tumut and Adelong Times (NSW : 1864 - 1867; 1899 - 1950) Tue 23 Jul 1929 Page 2 DEATH OF MR ANDREW KELL,)
Digitisation generously supported
6. KELL, JAMES 19566/1873 JAMES & SARAH born in TUMUT
7. KELL, WILLIAM 20517/1875 JAMES & SARAH born in TUMUT
8. KELL, CHRISTINA EVA 23095/1878 JAMES & SARAH born in TUMUT
9. KELL, HARRIET L 27620/1881 JAMES & SARAH born in TUMUT
Stanley Kell
Deaths Search Results
KELL, JAMES 26631/1959 parents JAMES & SARAH in TUMUT
KELL ETHEL ANNE B 15805/1957 JOHN STALLYARDMARY in TUMUT
KELL ETHEL ANNE BUNDOCK- 15805/1957 JOHN STALLYARDMARY in TUMUT
KELL CATHERINE 6000/1958 PATRICK & BRIDGET in TUMUT
KELL MARY SUSSANNAH 32330/1955 JAMES & ELIZA MARY in TUMUT - KELL MARY SUSSANNAH 32330/1955 JAMES & ELIZA MARY in TUMUT
KELL MARY J 23300/1934 ROBERT & MARY in TUMUT - KELL MARY J 23300/1934 ROBERT & MARY in TUMUT
KELL ANDREW 16498/1929 JAMES & SARAH in TUMUT - KELL ANDREW 16498/1929 JAMESS & ARAH in TUMUT
KELL CECIL L 15653/1908 JAMES & MARY S in TUMUT - KELL CECIL L 15653/1908 JAMES & MARY S in TUMUT
KELL JAMES 6867/1906 MARGARET in TUMUT - KELL JAMES 6867/1906 MARGARET in TUMUT
KELL FEMALE INFANT 10742/1906 JAMES & MARY S in TUMUT - KELL FEMALE INFANT 10742/1906 JAMESMARY S in TUMUT