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BURNS / BURNES / BARNES – Andrew 63rd Regiment

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63rd Regiment Shoulder Belt Plate
NameBURNS  / BURNES / BARNES – Andrew
Regiment (s)63rd Regiment
Regiment Number (s) 490
Date/Age/Place/Trade or
Profession at Attestation
6th July 1825 / 18 years /  Mullingar Ireland
Weaver
Description – Height
Complexion/Eyes/Hair/Scars
5 Ft 9 in
Sallow / Blue / Black / None
Overseas Service/DurationVan Diemen’s Land – 5 years 9 months
East Indies – 10 years 9 months
Length of Service21 years 14 days
Rank/Date/Place of DischargePrivate / 17th July 1846 / Chatham Kent England
Campaign MedalsNot yet known
Intended Residence at
Discharge
Mullingar Westmeath Ireland
Pension Districts1846 Tullamore
1851 Tilbury Fort
1851-1885 Western Australia
Pension Paid1/0d per diem
Date of Departure and Place
England or Ireland
1st February 1851 Falmouth England
Ship and Date of Arrival
Western Australia
MERMAID 15th May 1851
Date/Place of Birthc1807 Mullingar Westmeath Ireland
Date/Place of BaptismNot yet known
Father
Date/Place of Birth
Not yet known
Mother
Date/Place of Birth
Marriage
Not yet known
SiblingsNot yet known
1st Wife
Date of Birth or Baptism
GAYNOR  Anne   (SAINER on baptism record)
Not yet known
Date/Place of MarriageNot yet known
Children by 1st WifeJames B 1845  Meath Ireland
M  DUNNE Margaret 1877 Fremantle Western Australia
D 28th June 1910 Fremantle Western Australia
bur Roman Catholic Section Karrakatta Cemetery Western Australia
Matthew
  B 18th August 1852 Western Australia
bap 9th September 1852 Fremantle Western Australia
Defacto  BROWN  Mary
D 15th September 1897 Beaconsfield Western Australia
Father of 1st wife
Date/Place of Birth
Not yet known
Mother of 1st wife
Date/Place of Birth
Marriage
Not yet known
Land Grants Western
Australia
North Fremantle Lot P16
1 acre 21 perches
Assigned 20th November 1852
Occupation after
Arrival
Not yet known
Newspaper ArticlesInquirer and Commercial Times Wednesday 15th October 1879 – page 4 – assaulted
West Australian 16 July 1895 Funeral notice for Mrs Andrew Burns
Western Mail Friday 17th September 1897 page 36 Death of Matthew also The West Australian Friday 17th September 1897 page 5
Western Mail 29th April 1898 page 46 James contested the will of his brother Matthew
Western Mail Saturday 9th July 1910 – page 34 – Obituary (James)
Departure from Western
Australia
Not Applicable
Date/Place of Death/Burial24th January 1885  Fremantle Western Australia
Skinner Street Cemetery Fremantle Western Australia
Date/Place of Death/Burial
Wife
15th July 1895 Fremantle Western Australia
Not yet known
Will or ProbateSROWA Cons 3404, Item 1888/869. Andrew Burns left all his real and personal estate to his wife Anne whom he appointed Executrix.
Cons 3403/1895/070
Grant of probate to Matthew Burns the sole Executor names Matthew Burns, labourer, son of deceased. Estate to the value of 50 pounds
Oath of Executor sworn 18 July 1895.
Anne Burns died 15th July 1895.
This is the last Will and Testament of me Anne Burns of Fremantle in the Colony of Western Australia, widow. I hereby revoke all wills by me at any time heretofor made and declare this to be my last will. I give, devise and bequeath all my real estate of whatever description and whereso ever situate and also all my leasehold and other personal estates and effects whatsoever and wheresoever unto and to the use of my son Matthew Burns of Fremantle aforesaid labourer and his heirs executors administrators and assigns according to the nature and tenure thereof and I appoint my said son Matthew Burns executor of this my will. In witness whereof I have to this my last Will and Testament placed my mark this 16th day of October 1894.
Signed Anne Burns…
Witnesses ML Moss, Solicitor, Fremantle & John D Moss, Articled Law Clerk Fremantle
Further InformationSurgeon Superintendent Alex Kilroy listed the child of Andrew Burns as being 1 years of age
9th February 1853 – Witness at Court of Inquiry on damage to Pensioners CSO 273 Cottages.
9th June 1855 – Listed in return as Roman Catholic living in North Fremantle with wife and 2 children
21st January 1857 – Subscriber to the Florence Nightingale Fund
9th June 1858 – Subscriber to the Indian Relief Fund
1869 – Subscriber to Pensioners Benevolent Fund 4th October 1871 Purchased North Fremantle Lot 18 of 4 acres at £1 per acre
7th July 1879 Henry Earl aged 68 years was charged with assault of Andrew Burns aged 78. The two old soldiers after drinking a bottle of rum at Earl’s house fell to quarrelling and after exchanging blows Earl assaulted Burns with a bellows resulting in the loss of an eye. The prisoner was acquitted after the jury found there was no intent to inflict any grievous bodily harm.
Andrew Burns bequeathed all his estate to his wife Ann who in turn bequeathed her estate to her son Matthew. When Matthew died he left his entire estate amounting to £3,148 to his defacto wife Mary Brown and their two illegitimate children. James Brown contested the will (as next of kin). The jury found the will had been properly executed and the plaintiff was awarded £250.