John Edward Blake

[majm]

Hi, I am trying to find if the above named had a will when he died.  I have emailed the probate court in NSW and they tell me they have done a quick search for him but they can't find a probate will for him.  So this would mean he died intestate,

No,  it does not mean he died Intestate.   In NSW it is possible that there's a valid will and that the solicitor that prepared that will has assisted in the administration of that deceased estate in accordance with that will, without the need to seek to have the will proven.  The solicitor would be acting with the full knowledge of the executor and beneficiaries.    Probate Courts prove.   Executors administer.  Beneficiaries receive benefits.   

Cheers,  JM

[majm]

I see similar processes in Victoria, too

http://www.supremecourt.vic.gov.au/home/forms+fees+and+services/wills+and+probate/grants+of+probate+and+administrationof+deceased+estates/

Sometimes these tasks can be done informally, without requiring anything from the Court. In some instances, however, it may be necessary to obtain a grant of probate or letters of administration (collectively referred to as grants of representation) before these duties can be completed

Cheers,  JM

[majm]

Made a phone call to check my grey cells recollections.

DBN is latin abbreviation.  de bonis non

It basically means that although the 1881 Grant permitted administration, there was no administration undertaken back then, OR it was never finalised.  So a new grant was obtained in 1974.

ADD
Here's wiki
https://en.wikipedia.org/wiki/De_bonis_non_administratis

......John Galway Blake died in 1880 age 55 in Gundagai, and the will was, it says, granted in 1881, but then it states (DBN granted Sept 1974) which is nearly 100 years after John Galway Blake's death.  ......... 
John Galway Blake's grandson Edward John (not to be confused with John Edward) who outlived all the family bar his sister, died in 1973 and his probate was granted in Aug 1974, the same year as his grandfather's (is this a coincidence?).  .......

Unlikely to be a coincidence, but perhaps not discovered until the distribution granted Aug 1974 found the flaw, and they immediately applied for the orders that were granted the next month (Sept 1974).  There will likely be an explanation in the file.

Cheers,  JM

[rosball]

Here is an obit to Mrs Milton Reardon
http://nla.gov.au/nla.news-article144404673

And there are several obits to Ellen BLAKE
http://nla.gov.au/nla.news-article123492612
http://nla.gov.au/nla.news-article105974541
http://nla.gov.au/nla.news-article122441849

This is probate for Margaret Anne REARDON
 http://investigator.records.nsw.gov.au/Entity.aspx?Path=\Item\658922

Ros

[rosball]

Obits to Elizabeth MARSHALL - what a marvellous lady !
http://nla.gov.au/nla.news-article135141468
http://nla.gov.au/nla.news-article146507009
and http://nla.gov.au/nla.news-article104507483

probate http://investigator.records.nsw.gov.au/Entity.aspx?Path=\Item\551515

Ros

[rosball]

Probate for Samuel Augustus BLAKE died 1961
 http://investigator.records.nsw.gov.au/Entity.aspx?Path=\Item\1028975

[thistlebay]

Wow!  Thanks to Ros and JM for all your hard work, waking up to find all this research has me feeling so thankful of all the wonderful people out there.
Gosh so many probates and no I didn't realise that a person didn't necessarily die intestate if a will wasn't proven and granted.
So the will of John Galway Blake died 1880 although it says it was granted in 1881, it appears it wasn't wholly claimed? So it was claimed much later when his grandson died and that's when it came to light, possibly because the grandson lived on the estate, and it was passed down the male line. 
Yes, Elizabeth Marshall was a great lady, worked very hard with her husband.  I had seen those obits of both Elizabeth and of Ellen Blake.  I didn't know there was a probate of Margaret Reardon though.  I don't know anything about the brother in Dublin though, she only had 2 brothers, John who went to Australia with her and William who stayed in Cork.  Maybe a misprint.  She died quite young though.
Thanks to both of you for all your help on this topic.
Regards
Catherine

[rosball]

A pleasure to help Catherine 

JM,  if a will was written, even though it didn't go to probate, would it still appear in the NSW will book?

What a pity I don't have an FindMyPast subscription to check ...    (but yes I can look on microfilm when I am there)

[majm]

The NSW Will Book is based on the NSW Supreme Court files.  To the best of my knowledge, there's no NSW resource that holds files for deceased estates that were administered without being proven at NSW Supreme Court, Probate Division.   

Find My Past has a current partnership arrangement with NSW State Records.  NSW Supreme Court's archives are held at NSW State Records.  The Will Books are described at FindMyPast :

Hundreds of thousands of New South Wales wills, dating from 1800 to 1952, (with most dating from 1846), are available to search online for the very first time.

These records are copies of original Will Books held by the State Records Authority of New South Wales. Between 1800 and 1924, the copies of the wills were handwritten, whereas between 1924 and 1952 the copies were typed. In 1952 the copies were altered to photocopies.

Once probate was granted for a will, meaning that it had been validated as genuine, the will was then deposited with the Registrar of the Probate Office. The original will and its accompanying documents were then held in Probate packets (NRS 13660), which were restricted to family members of the deceased or their legal representatives. However, from roughly 1800 onwards, copies of the wills were held in the Will Books.

The New South Wales Wills Books includes some wills of those in other states and countries, typically in cases where the individual was a resident of New South Wales but their last place of residence was outside the state. In other cases, people who lived elsewhere may have lodged their will in New South Wales despite not living there, particularly if they had property or shares in the state.

The Supreme Court of New South Wales divided both Will Books and Probate packets into series. The series of Will Books are:

Series 1 – approximately 1800 – May 1873

Series 2 – 1873 – 1876

Series 3 – 1876 – approximately 1890

Series 4 – approximately 1890 – 1985

Each series consists of volumes containing copies of original wills, all arranged numerically. It remains unclear why these records were divided and categorised into series.

Accompanying documentation to these wills can sometimes involve codicils such as additions or revocations to the will.

Original data: NRS 13661, Will Books 1800-1952, Microfilm, 343 reels

   Ros, you will need to take sleeping bag, pillow etc, 343 reels ....          you will need to remember to fill in your 2016 form with details of where you slept on the night of Tuesday 9 August 2016 .... hope it is not at the Archives.    

The handwritten entries in the Will Books post WWI http://www.rootschat.com/forum/index.php?topic=712430.0   .... and the cricket connections 

ADD
http://search-cloudfront.records.nsw.gov.au/series/13661

Cheers,  JM