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Johann Gottfried LUBASCH

1st wife Caroline WOLF  -  2nd wife Anna Dorothea GREISER

 

 The articles on Johann Gottfried LUBASCH are divided into 4 distinct parts:

 

Part 1  -  His life, marriages, families, in-laws,  his daughters were shearers & his involvement in the Battle of Waterloo, 1815.

Part 2  -  The daughters, their marriages [McFARLAN, LIEBELT, JAENSCH, THIELE, LIEBELT, PAECH], their lives.

Part 3  -  Maria Elisabeth LUBASCH the beneficiary of her father's will, contested 1857 in the Supreme Court by 3 brothers in law

Part 3b - continuing as above

Part 3c - as above

Part 4  - Their land, home, barn & property dealings including tracing all Certificate of Titles for Section 3812, Hd Kuitpo, from 1844-1990.

 

                                                                  To return to articles related to section 3812, Hd Kuitpo.

 

LUBASCH & LIEBELT 

            Maria Elisabeth LUBASCH                

1835-1890

  • 5th child of Johann Gottfried LUBASCH & 2nd wife Anna Dorothea GREISER

  • 1st husband  Johann Gottfried LIEBELT 1837-1866.

    • 3rd child of Anna Dorothea WOLF & Johann Christoff LIEBELT

  • 2nd husband Johann Wilhelm PAECH 1844-1916.

    • 4th child of the 2nd wife, Johann Rosina RICHTER & Johann George PAECH Snr

Summary

Part 3, documents the pretrial newspaper reporting of Johann Gottlieb LUBASCH's 4 son in laws, taking his 21 year old, youngest daughter, Maria Elizabeth LUBASCH,  to court to contest the circumstances surrounding the writing of his Will.   Part 3b, documents all of the newspaper reporting of the actual trial over 3 days in 1857.  Part 3b also provides evidence that ‘blood letting’ was practised by 3 generations of the LIEBELT family.

The pre trial reporting was documented in the:

  • South Australian Register 28 October, 20 December 1856, 9 April, 4 June 1857
  • Adelaide Observer 28 March, 11 April, 25 April 1857.

This court reporting began on 1 November 1856, & concluded 10 July 1857 in the Supreme Court.  To see an introduction to the 4 sons in law, THIELE, LIEBELT, JAENSCH & WIETH, see Part 1.

.

The Family Names that are Mentioned in this Article:

ANDREWS, ALTMANN, ATKINSON, BARR-SMITH, BOOTHBY, BOTTROF, BRETOG, BLUCHER, BUTLER, CHALMERS, CWRR, DALY, DOLLING, FAEHRMANN, GREISER, GREIGER, GUST, GWYNN, HABEL, HATCHETT, HAEUSLER, HERBELE, HUBBE, INGLEBY,  JACKSON, JAENSCHKE, JÄNSCH, JAENSCH, KLENKE,  KWASCHNICK, LUBASCH, LIEBELT, LINKLATER, MACARTHUR, MAY, MANGELSDORF, MACZKOWIAK,  MACFARLAN, MACFARLANE,  MEYER, NOOTNAGEL, PAECH, RICHTER, SCHUBERT, SCHÜTZ, SCHACH, STERNICKE, STREMPEL, STEINBORN, STRENZ, THIELE, WELLINGTON, WIETH, WITTWER, WILLIAMS, WOLF, YATES, YEATES.

Maria Elizabeth LUBASCH.  Photo from 'John MULLER Photo Collection'

 

Table of Contents

1.  Author's Note

2.  Gottlieb LUBASCH dies 65 years, 1856

3.  LUBASCH'S death reported by son in law Christian JAENSCH who then brings proceedings to the Court to contest Will.

4.  Legal representation

5.  Newspaper reporting prior to trial October 1856 - April 1857.  

6.  Maria's sisters ages & length of marriages in 1856

7.  Go to page 3b to follow the trial of 1857.

 

1.  Author's Note

Maria Elizabeth LUBASCH is the author's half gggg Aunt, & her 1st husband [Johann Gottlieb LIEBELT] is the authors 1C4R.

Maria Elizabeth LUBASCH is John MUELLER's ggg Aunt and her 1st husband [Johann Gottlieb LIEBELT] and was his 1C4R, & her 2nd husband [Johann Wilhelm PAECH] was his half ggg Uncle.

The LUBASCH family home on Beerenberg FarmGottfried LUBASCH died in the front room of this house. The front door faces due west.

Maria Elizabeth LUBASCH was 21 years of age, engaged to Johann Gottfried LIEBELT, and living with her mother [59 yrs of age]  on their farm, in this house on Section 3812, Hd Kuitpo, when her father died in October 1856.

 

 

Also living in this house up until April 1853 was her older sister Johanna Dorothea LUBASCH who at 19 years of age had married Johann Christian JÄNSCH on the 15th of that month.  An additional room was added over the cellar in  1890c [by the GETHING family] so the room with the window on the far left was not part of their home, & the room was made of Stringy Bark Shingles.

22 days after Gottfried LUBASCH’s death in the front room of this house, his sons in laws Johann Christian JÄNSCH & Johann Wilhelm THIELE took their dissatisfaction regarding the Will [made by their wives father] and commenced legal proceedings in the Adelaide Supreme Court.  Maria's mother, Anna Dorothea GREISER, survived her husband Gottfried by 8 years and consequently lived to see her son in laws & daughters dispute her husband's Will which he dictated in German while she was with him in this home above.   

2.  Gottlieb LUBASCH dies 65 years, 1856.

Gottlieb LUBASCH dies on the 5th, the 1st Sunday of October aged 65 years, Obituary:  Adelaide Observer [SA : 1843-1904] 11 October 1856 page 5.

Obituary: 1856, 5 October, Johann Gottlieb LUBASCH   'On the 5th October, at Hahndorf, after a short illness, Gottfried LUBASCH, aged 65 years 11 months and 22 days.  The deceased was one of the first settlers at Hahndorf, and was well known to all the earliest settlers in the District of Mount Barkers as an honest, industrious, and careful colonist, and was universally respected.  He was also an old veteran of the Blucher school, having been present at the meeting of WELLINGTON and BLUCHER at Waterloo, and was amongst those who continued the pursuit of the defeated French after that battle; he was also in the disastrous retreat from Moscow, and experienced great sufferings in that memorable campaign.  During the late war with Russia it was his constant practice to make repeated enquiries how the allies got on, and always expressed great satisfaction on hearing of any triumph the allies obtained over the Russians.  He was a great admirer of the English nation and army.

 

3.  LUBASCH's death reported by son in law Christian JAENSCH who then begins proceedings in Supreme Court, Adelaide 27 October 1856.

SAGHS District of Mount Barker Deaths 1856-1879 microfiche:  'Gottfried LUBASCH, 66 year old farmer, died from pneumonia, in Hahndorf where he usually lived, and his death was reported by his son in law Christian JAENSCH of Hahndorf on the following day, 6 October 1856.'

22 days after Gottfried LUBASCH’s death, this son in law Christian JAENSCH questions the Letters of Administration, probate & the validity of his Will to the Adelaide Courts.  [see newspaper below].  Christian JAENSCH is the husband of Gottfried LUBASCH's 5th daughter & instigates court action against his wife's youngest sister Maria Elizabeth LUBASCH, 21 years of age & living with her mother Anna Dorothea GREISER who was 57 years of age.  Both were present when LUBASCH wrote his Will.  

Johann Christian JAENSCH, 3rd child of Maria Elizabeth KLENKE 1799-1895 & Johann Christian JAENSCH 1796-1876 had married into the LUBASCH family on 15 April 1853.  Court case to being Thursday 18 June, 1857.

 

4.  Legal representation

Authors Note:   South Australian Attorney Generals in 1856-7

  • Richard HANSON 24 October 1856

  • Edward Castres GWYNNE 21 August 1857

  • Richard Bullock ANDREWS 1 September 1857

  • Richard HANSON 30 September 1857.

1.  The Attorney General, Edward Castres GWYNN, represented the plaintiff, Maria Elisabeth LUBASCH.      

2.   The future Attorney General, Richard Bullock ANDREWS, represented the challengers.

3.  Benjamin BOOTHBY, Judge. INCOMPLETE

 

5.  Newspaper reporting prior to trial October 1856 - April 1857.

South Australian Register October, December 1856 & April, June 1857.

Monday 27 October 1856. The South Australian Register reported the following under 'LAW & CRIMINAL COURTS, SUPREME COURT - IN BANCO, Monday, October 27 [Before the Full Court].   This being the first day of term, there was a considerable attendance of professional gentlemen.  The Chief Justice complimented Mr HANSON on his new office of Attorney-General, and expressed a hope that he [His Honour] would not confound his present title with his former one of Advocate-General.  The Attorney-General briefly acknowledged the congratulations of the Court '..........cont,. below.

South Australian Register [Adelaide, SA : 1839-1900], Tuesday 28 October 1856, Page 3,

 


 

cont,. from above. 'Monday, October 27 [before the Full Court.] ECCLESIASTICAL SIDE.   Re Gottfried LUBASCH, Deceased.  

 

Mr Andrews moved herein for a fiat directing the issue of letters of administration to Christian JAENSCH, the son-in-law of the deceased, and his daughter the wife of Christian JAENSCH.  The Court directed the production of evidence as to an informal document in English and German, left by the deceased, and which it was thought might be set up as a will.'

Authors Note:    A 'fiat' is a legal, authoritative decision that has absolute sanction.

 

South Australian Register [Adelaide, SA : 1839-1900], Saturday 20 December 1856, page 3.

 


 

COURT in BANCO, [Before Justice BOOTHBY], ECCLESIASTICAL SIDE.  In the matter of the administration of the estate of Gottfried LUBASCH, deceased.  

 

Mr ANDREWS appeared for Christian JAENCH of Hahndorf, and Dorothea, his wife, who applied for letters of administration.  The Attorney-General appeared for Maria Elizabeth LUBASCH, the unmarried daughter of the deceased.  His Honor ordered the letters to be issued to the parties jointly.

 

SA Register [Adelaide, SA : 1839-1900] 9 April 1857 page 3

 

ECCLESIASTICAL SIDE. SUPREME COURT - IN BANCO [Before the Acting Chief Justice] ECCLESIASTICAL SIDE In the matter of the will of the late Gottfried LUBASCH.  

The Attorney-General moved that the rule be made absolute that probate be granted to Maria Elizabeth [sic] LUBASCH.  It was arranged that the argument should stand over until the next sitting of the Court, Mr GWYNNE agreeing on the part of Christian JAENSCH that no exclusive right shall be set up to act in the interim.  Court adjourned until Tuesday 21 April.'

 

SA Register [Adelaide, SA : 1839 - 1900] 4 June 1857 page 3
LUBASCH v JAENSCH set down for Thursday 18 June 1857.

 

 

Adelaide Observer March & April 1857

Adelaide Observer [SA : 1843-1904] 28 March 1857 page 3

 

 ECCLESIASTICAL.  In the Matter of the Will of Gottfried LUBASCH, deceased.  The Attorney-General obtained an order to show cause why probate should not be granted to Maria Elizabeth LUBASCH.  Mr ANDREWS consented to the matter being fixed for argument on the 2 April, or the earliest day the Court and counsel could devote to it.

 

Adelaide Observer [SA : 1843-1904] Saturday 11 April 1857, page 3.

SUPREME COURT - IN BANCO.  Wednesday, April 8 [Before the Acting Chief Justice].  ECCLESTIATICAL SIDE. In the Matter of the Will of the late Gottfried LUBASCH.  

 

The Attorney-General moved that the rule be made absolute that probate be granted to Maria Elizabeth LUBASCH.  It was arranged that the argument should stand over until the next sitting of the Court, Mr GWYNNNE agreeing on the part of Christian JAENSCH that no exclusive right shall be set up to act in the interim.  Court Adjourned until Tuesday, 21 April.

 

Adelaide Observer [SA : 1843-1904] Saturday 25 April 1857, page 4 .

 


 

Tuesday April 21, SUPREME COURT - BANCO [Before the Acting Chief Justice]   In the matter of the Will of Gottfried LUBASCH deceased.  

 

The Attorney-General moved that the rule to show cause why probate should not be granted to Maria Elisabeth [sic] LUBASCH be made absolute. Mr ANDREWS, for Christian JAENSCH and Anna Dorotea [sic], his wife, showed cause; but in the course of reading affidavits in support of his client's claim, His Honour said it was clear that object was to question the validity of the will of the deceased, and that was a question which the Court would not decide on the affidavits filed.  He recommended the learned gentlemen agree to an issue to be tried in the next Civil Sittings.  It was agreed to act on His Honours suggestion; in the meantime, joint letters of administration, previously granted, to be enforced.  Court adjourned until Friday next.

 

Adelaide Observer [SA : 1843-1904] Saturday 25 April 1857, page 4.
 

'Tuesday April 21, SUPREME COURT - BANCO [Before the Acting Chief Justice]   In the matter of the Will of Gottfried LUBASCH deceased.  

 

The Attorney-General moved that the rule to show cause why probate should not be granted to Maria Elisabeth [sic] LUBASCH be made absolute. Mr ANDREWS, for Christian JAENSCH and Anna Dorotea [sic], his wife, showed cause; but in the course of reading affidavits in support of his client's claim, His Honour said it was clear that object was to question the validity of the will of the deceased, and that was a question which the Court would not decide on the affidavits filed.  He recommended the learned gentlemen agree to an issue to be tried in the next Civil Sittings.  It was agreed to act on His Honours suggestion; in the meantime, joint letters of administration, previously granted, to be enforced.  Court adjourned until Friday next.'

 

Tuesday 29 September 1857

 South Australian Register [Adelaide, SA : 1839-1900], Tuesday 29 September 1857, page 3

 

 

 

6.  Maria’s sisters ages & length of marriages in 1856

  • Johanna Luise WIETH 36 years: married for 16 years had the 3rd of her 5 children, had not seen her father for 17 years, arrived South Australia 1855 on 'LaRochelle' . 
  • Johanna Eleanore Henriette THIELE 35 years: married for 17 years had all of their 10 children from 1842-1856, lived at Grünthal until moving back to Hahndorf in 1880's.
  • Johanna Dorothea Louisa McFARLAN 32 years: married for 11 years & had 7th of her 11 children.
  • Johanna Caroline LIEBELT 29 years: married for 9 years & had 4th of her 10 children.
  • Johanna Dorothea JAENSCH 23 years: married for 3 years, & just had her 3rd of 9 children.

  • Maria Elisabeth LUBASCH 21 years unmarried, probably living at home with her mother at 80 Main Rd, Hahndorf.

 

7.  The court action was instigated on `1 November 1856

This court action began on 1 November 1856, & concluded 10 July 1857 in the Supreme Court6.  The Court case begins 28 October 1856, South Australian newspapers begin reporting under ‘ECCLESIASTICAL’ 

SA Register [Adelaide, SA : 1839-1900]

1857:   Thursday 9 April, Wednesday 22 April, Tuesday 23 June, Wednesday 24 June, Thursday 9 July,  Tuesday 29 Sept.

1865:   Friday 16 June, Saturday 24 June.

1867:   Saturday 17 August

Adelaide Observer [SA : 1843-1904]

   Saturday 25 April 1857,   Saturday 27 June 1857

Adelaide Times [SA : 1848-1858]

1857:    Monday 22 June 1857,   Tuesday 23 June 1857,   Wednesday 24 June 1857

 

The lawyers: Edward Castres GWYNN & Richard Bullock ANDREWS

Edward Castres GWYNN born Sussex, England, died Glynde S.A. [1811-1888] for Maria Elisabeth LUBASCH the defendant.

  • Arrived in SA on ‘Lord Goderich’ 15 April 1838

  • South Australian Attorney-General 21 August 1857-1 September 1857, 10 days only.

  • Judge of the Supreme Court of SA 1859-1881.

Richard Bullock ANDREWS born Epping, Essex. [1823-188.] for Christian JAENSCH and Anna Dorotea [sic] the plaintiff.

  • Arrived 14 Dec 1852 on steamship ‘Sydney’
  • 1853 appointed notary public
  • 1857 elected to House of Assembly for Yatala
  • Attorney General of SA 1-30 September 1857
  • Queens Council 1865 and in 1870 became crown solicitor and public prosecutor. 
  • Politician and judge.., practice in Supreme Court of SA and Local Court at Mt Barker then set up an office in Adelaide.
  • Mr Andrews.  ‘At a house on the Nairne road, named “Andrewville”, the first lawyer in the area lived- Judge Andrews, a magistrate in the courts of South Australia. ‘Early Business in Mount Barker. SA.’]

[Authors Note:    The First Session of South Australia’s Parliament met for the first time on April 22, 1857 under the leadership of the Hon BT Finnis.  This was the first day on which the people of South Australia had the right to exercise self government.  Parliament was opened at 1pm by Benjamin Boothby, Acting Chief Justice.  Edward Castres GWYNN was Attorney-General for 10 days from 21 August 1857-1 September 1857 & he was succeeded by Richard Bullock ANDREWS on 30 September 1857 until 9 May 1860.]

The acting Chief Justice ?? Benjamin Boothby [1803-1868] Australian Dictionary of Biography.

 

 

Dr Andrew CHALMERS born 22 Nov 1820 in Neilson, Renfrewshire, Scotland, married Benjamina Horne McFARLANE 25 Dec 1850, Mt Barker.

  • He died 6 OCtober 1862 aged 41 years.
  • He studied medicine at Glasgow University and was the Surgeon Superintendent on the Princess Royal arriving in 1848.  
  • South Australian Friday 27 July 1849, he took over the medical practise of Dr INNESS in Mt Barker.  In Dec 1861 they moved to Adelaide and his practice was at 216 Rundle St.