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I write in earnest seeking help with mother. You all know it is only by my efforts that she has avoided going into
care. Mother is now in my old room, I had it painted egg shell blue. The upstairs main bedroom I’m using myself.
Rose is now getting some morning sunlight. I found a free wheelchair in an op shop, but her weight makes it
difficult. It’s good to get her into the chair some days when she has the strength to cooperate.
I’d like to get a ramp installed so that I could wheel her to the local park on sunny days. Mother spends way too
much time just watching television. I’ve bought a Perry Mason DVD box set from Amazon, I can put on four episodes
at once and it’s better than letting her watch news which can be alarming. She is living in the 50’s mostly anyway,
sometimes she thinks she’s still a secretary and doesn’t remember our family, but on her good days Rose thinks
we’re still young children and seems genuinely puzzled how old I seem when we talk and my name sinks in. If any of
you would visit and spend some time with her perhaps she might improve …
Money would help. Robert, you weren’t at dinner this past Easter. You are all in gainful employment. You can each
afford a contribution. Please write.
Yours Ever,
Rachel.
[SMS to Rachel Smith] Hi sis, couldn’t make Easter, work. See you Xmas, Robert
Attached is a money order for $500. Let’s talk. You have my number?
Love, Dave.
I write to offer advice. The government provides pensions. Learn to budget properly. Live within your means. Talk
to a financial counsellor.
Yours Faithfully,
John
[SMS to David Smith] Thanks ever so much for the $500. I’ll telephone. Rachel
Saturday 21st July 2018
Oakleigh
Dearest Brothers,
She talks of old times, the fifties when she worked and the sixties when she brought us up. Living in the past. This
might be because I’m improved her diet by increasing the protein - eggs for breakfast - and her memory is now a
little better. She wants to see her grandchildren too, although she probably wouldn’t know them by sight anymore.
Please try to explain to my nieces and nephews her dementia.
Please visit. She’d like more visitors. She half knows she’s on her deathbed and wants to talk. Consider it a family
duty.
Yours Ever,
Rachel
I received your letter of the 14th and don’t really know what to say. Mother’s pension and the carer payment are not
enough to live on! I’ve got winter utility bills on the way. God knows how I’ll manage.
Your letter was most uncharitable. Our late father would expect you to help out. Please send whatever money you
can spare.
Your Sister,
Rachel
Mother died between midnight and 6 am. this morning. Found her dead when I checked before making breakfast.
I’m so upset. Why doesn’t Robert visit? I hear her saying. Why doesn’t John visit? You fail me. And does anyone
know about the will? You’re all interstate; perhaps a funeral Monday week?
Rachel
[SMS to Rachel Smith] Sorry about mother. Try Jones and Mayhew Lawyers. Monday week funeral OK, I’ll be
there, Robert
Hi all!
I have set up a sorta wake shrine a collage of photos and mementos on mother’s bed. That leaves one double bed
and one spare single bed for anyone intending to stay here for the funeral long weekend. John and Robert will
either of you be accompanied by your wives or children? Anyone wishing to stay please ring me urgently so that I
can make arrangements.
I’ve sorted out a priest to give the service and have written a speech describing her life.
See you all next week,
Love, Rachel
To: Rachel Smith; Rob Smith; David Smith; John Smith
From: Amy Johnson
Subject: Rose Smith’s Will
Date: Friday 28th September 2018
Hi all!
Rachel Smith rang Jones & Mayhew Lawyers last Tuesday, enquiring about the will of Rose Smith.
I confirm that we hold a will from 1967 which leaves her property to be divided into one third parts for each of her
sons, and leaves “the Queen Elizabeth Coronation Silk Handkerchief to her baby daughter Rachel, no doubt long
married by the time of my death.” Surely there is a more recent will. Would you please advise further.
Amy
Probate Clerk
Born 7th April 1940 Rose Kelly in Melbourne married 6th June 1959 to Alfred Smith and died Oakleigh 21st September
2018 aged 78 years. Educated at Oakleigh Central School to year 8. Then a secretarial college for eighteen months.
Worked as a secretary until marriage. That’s the official record.
But I remember the birthday cakes, the sponge cakes she baked to perfection. Her reading of books to each of us
before bed. Her laughter and good humour at our reports of childhood mishaps. Her joy at our scholastic success. A
life mostly spent raising a family, until our father died at 55 years of a heart attack.
She survived on a widow’s pension, Alfred having paid off the house. Spent many days volunteering in an
opportunity shop. And went to church dutifully.
A common life well spent wronged no one and lived cheerfully. Rest in peace.
Hi Sarge,
Talk about wasting police time! Constable Newton and I spent four hours turning over the house at 50 Wilkinson
Drive, Oakleigh. We found traces of a recently burnt silk handkerchief in the dining room fireplace. In the ashes
bucket next to the fire, from a fire some month or two ago, I found a piece of charred yellow parchment, possibly
from a burnt will, couldn’t work out anything further: except of course it’s a private will dispute gone nasty.
The police search I demanded not only found the burnt silk handkerchief it found suggestive evidence that a will had
been burnt by some person unknown last winter in the dining room fireplace. Which one of you did this? I’m going
to sue. To get the 1967 will overturned!
The 1967 will left me nothing, just nothing. I’ve worked so hard keeping our family together.
Yours Faithfully,
Rachel
[SMS to Rachel Smith] Hi Rachel, not bloody lawyers! Better to find a settlement. Love, Dave
[SMS to Rachel Smith] Hi Rachel! I didn’t destroy any will. The law’s the law. Robert
Dear Rachel,
I write to advise against mounting a supreme court will challenge. If the other parties will settle, that would be
better. Your brothers David and Robert seem amenable to making some provision for you. With one hold out, the
law suit could consume most of your mother’s estate. And it’d be likely you’d have to raise lawyer’s fees to start it.
There is no certainty that a will of your mother’s was burnt it might have been a charred fragment of a house title?
Or some other parchment document.
Regards,
Justin Noffs
Noffs Plaintiff Lawyers
Could we settle with David and Robert and just sue for 25% of John’s share of the estate. I don’t know much about
estate law? I can’t let John get away with it. I want court action. The settlements could fund the lawsuit against
John?
[Supreme Court Mediation Meeting, As Ordered, Minutes]
Present: Justin Noffs, Rachel Smith, Ted Mayhew, John Smith, Bill Ng
Mediator: Bill Ng.
Date: Friday 12th March 2019
Jones & Mayhew Boardroom, 12 noon
Just take the 25% contributions that Robert and I have offered you out of our shares and forget the will dispute. The
solicitors are alarmed as such a modest estate going to trial. I can visit you and put our case … I know there’s a
possibility that a more recent will was burnt. Get over it, there’ll never be proof.
Probate will be granted late May I hear. You’ll have to move out soon afterwards.
Love, Dave