Newman followed his real estate interests in Auckland (and Tuakau) which left an opening for his son Howard to take over the running of the Section 7 farm . . .
Howard Chennells had been on the farm for many years and when his father died in 1938 he had reached the age of 27 years. He was quite capable of continuing on his own with perhaps the assistance of seasonal workers.
Newman followed his real estate interests in Auckland (and Tuakau) which left an opening for his son Howard to take over the running of the Section 7 farm . . .
Howard Chennells had been on the farm for many years and when his father died in 1938 he had reached the age of 27 years. He was quite capable of continuing on his own with perhaps the assistance of seasonal workers.
It seems to be well before this period that Howard’s mother Nellie shifted from the family farm at Pukekawa. Nellie’s name only appears once on an electoral roll that I could find. In 1928 her name is recorded on the Roskill roll as residing at 581 Manukau Road but her son Howard only appears on the 1946 Raglan electoral roll living at Opuatia.
The Post Office Directories of 1920, 1925, 1927 & 1929 consistently list Newman’s details as a farmer at Pukekawa or Opuatia with their son Howard appearing once on the Pukekawa School Roll with an admission date of 22 May 1922 which would make him aged around 11 years old when he started school in New Zealand.
It is presumed that Newman’s wife Nellie and their children, Maisie and Howard, were also living at the same address until at least the mid 1920s when Nellie shifted into Manukau Road, Auckland (although separation is a possibility).
To add more mystery to the movements of family members, the same 1928 electoral roll shows Newman and his daughter May Constance (Maisie) living at Pukekawa as does the 1935 roll but where is Newman’s son Howard Geofrey residing?
As an 18 year old, he may have been still living with his mother at Manukau Road while his older sister Maisie, now 22 years old, was living with her father. What does this mean? The answer may be quite obvious or alternately have no significance nor importance.
One obvious answer may be that Howard was looking after his crippled mother which, according to her death certificate, was a condition she had been suffering from since the time of her arrival in New Zealand (around 1913).
On the other hand, it would seem more logical for daughter Maisie to take on this role but it might make more sense for each gender to swap roles, something like becoming de facto parents. Quite simply, I do not know the answers.
MAISIE SPENDS TIME OVERSEAS
To add more confusion, Maisie spent a lot of time overseas between 1928 and 1934. Gossip passed down through family members is that Maisie’s mother, Nellie spending time in the homeland during this period so it is reasonable to think the pair travelled together.
These thoughts may only show how easy it is to get sidetracked and not knowing where the path leads. I must admit that this is the very nature of research and while it is quite exciting and rewarding to turn over the next page and find an elusive fact, it can also lead to frustration and despair.
At present it is not really that relevant as all my research has been revolving around the facts contained in the various family wills and, more importantly, endeavouring to translate legalese into layman’s terms. So far, it’s been more about what is not mentioned and in trying to read between the lines. Back to Howard Geofrey Chennells and jumping forward a good decade or more . . .
HOWARD UPDATES HIS WILL
During the 2nd World War period Howard did employ a manager, Wilfred Dance, after taking over the farm, particularly during his absence while serving in the transport division with the Australian Forces.
Prior to his service, he took the opportunity to update his will (on 24 April 1940), a wise move in case he was killed in action, but there was also another reason that prompted him to tidy up his affairs.
His sister Maisie and her husband Len Demler had just produced their first child, a daughter named Jeannette Lenore who was born several months beforehand on 6 February 1940. As a single man, Howard was to make a special provision that was to lead, in a chain of unforeseen events, to the brutal murder of this particular niece.
Not his fault of course although having generous intentions, his last will and testament had other conditions that complicated the inheritance process for his executors, Colin Sturrock and Alf Hodgson.
DEED OF FAMILY ARRANGEMENT
Howard declared that all his property, namely Section 7 of 364 acres, be held in trust until the death of his mother Nellie Chennells subject to the terms and provisions of “a certain Deed of Family Arrangement and Mortgage” made between himself and his mother.
For the life of me I could not discover any details of this arrangement but an educated guess could tie it in with the transaction dated 7 August 1939 when the ownership of Section 7 passed to Howard Chennells. The name of Howard’s mother Nellie is shown with the mortgage details so it could be assumed that the finance came from the family trust.
A Deed of Family Arrangement is a way that a family can rearrange the proceeds of a Last Will after the person has died. I believe the Chennells family were already transferring their assets into a trust which could lend money (most likely interest free) to a family member but still making it payable on demand.
I have mentioned earlier about the existence of secret and half secret trusts and I have this uneasy feeling that these types of trusts were being worked to their full advantage here. As previously explained I do not have enough evidence that the family were involved but it is a distinct possibility. The reader needs to take this into consideration while analysing the case I am putting forward.
EXECUTORS NAMED
The executors of Howard’s will were named as Alfred Robert Hodgson and Colin Rankin Sturrock, a Tuakau solicitor. Howard went on to direct his trustees to convert his estate into money after the death of his mother and to deal with the usual formalities of paying his debts and other expenses.
He also wanted to pay £500 to Mr W W Dance of Matamata who managed his farm properties and to pay £100 to each of his English relations, an amount they all received under the will of his late father Newman Chennells.
Alf Hodgson also received £100 along with £50 each to W B Chennells of Christchurch and Miss A Hawkins of Auckland but it was his next provision that eventually sealed the fate of one niece and perhaps benefited the other.
LOOKING TO THE FUTURE
His desire was to use the balance of his trust funds “for the children” of his sister Maisie Demler, in equal shares when they attained the age of 25 years. For Jeannette that would occur in 1965 and for her sister Heather, two years later.
Those were basically Howard’s instructions and they were written in such a way that regardless of the number of children Maisie and Len produced, his will did not need updating each time another child was born (which is normal practice). As an alternative, if only one child should attain the age then the remaining half would be divided according to the last section of Clause 4e (see above) where other relatives would benefit.
History will show that Howard never updated his 1940 will and when he was accidentally killed ten years later in 1950, it fortunately did not cause any disagreements amongst his family (except that probate was not confirmed until 1952 two years after his death).
Importantly a new title was issued for his land on 26 November 1952 changing it from Section 7 to Sections 13 & 14 plus other small allotments.
TRACTOR ACCIDENT
Howard’s tractor accident on a steep rough part of his Pukekawa farm caught everyone by surprise as he was a very experienced tractor driver although the Police Report considered it was impossible for the Ferguson wheel tractor to climb the hill safely.
The policeman making the report said on arrival that the tractor was upside down with its front pointing downhill. “Immediately behind the tractor was a step about three feet straight up and at the top of the step it could be seen where the rear wheels of the tractor had slipped apparently prior to rearing up and tipping backwards on to the driver.”
A visiting schoolboy helped the neighbour lever the tractor off Chennells with a fence stay and together pulled him out. A doctor arrived and with the assistance of neighbours was carried out to his house to wait for the ambulance then taken to Middlemore Hospital.
The schoolboy said the injured man remained fully conscious throughout the ordeal although in shock. His injuries were serious and he gradually deteriorated over night and died around 5:00am the following morning. Howard Chennells was aged 39.
CATCHING UP WITH NELLIE AGAIN
When Howard was killed in 1950, his mother Nellie, had already passed away at the age of 75 years. For many years until her death she had been living in various rest homes around Auckland.
She was not in good health according to her death certificate but she did have a will although it had not been updated between the time it was made out in January 1942 and her death on 1 July 1948. Nellie named her son-in-law Lenard Demler and her daughter Maisie as trustees.
Surprisingly Nellie’s will revealed very little as her real intentions were, I believe, cleverly hidden by her solicitor’s choice of words. Skulduggery was lurking on the horizon.
A pattern is starting to emerge with the appointments of trustees within the Chennells family. Howard Chennells, in updating his will, follows a family tradition by appointing the same trustees as his parents, Newman and Nellie Chennells. The names of Alfred Robert Hodgson and Colin Rankin Sturrock appear on most legal documents from now on and throughout the following decades. Sturrock’s professional input, legal advice and clever use of legalese, gave the trustees an enormous amount of power and control. This will become much clearer as the “monkey puzzle” unravels.
Whilst not giving away any detail Clause 3 of Howard’s will is admitting to “a certain Deed of Family Arrangement and Mortgage” and this is the only reference found. Howard is basically saying that until this loan from his mother is paid off, all his property is to be put on hold.
The trigger point that caused Howard Chennells to make his generous bequest for the children of his sister was the birth of Jeannette Lenore Demler which had occurred several months beforehand. Howard had no idea when he wrote Clause 4e in his 1940 will that he would unintentionally seal the fate of one of his nieces.
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