James Milgate1

M, #5000, b. 6 July 1817, d. 27 April 1896
FatherJames Milgate2 b. 3 Mar 1793, d. 22 Mar 1876
MotherElizabeth White2 d. 29 Mar 1839
Relationship3rd great-grandfather of Keith Graham Bassett
ChartsAncestors of Keith Graham Bassett
Last Edited5 Mar 2018
Note* 
Some researchers have chosen the James Milgate, son of James & Susannah, baptised at Chislet in 1819. This is a better fit for the age at his 2nd marriage and death, but that James Milgate seems to be still living in England in later censuses. Ash near Sandwich is closer to Deal than Chislet and as James twice married younger women he may have dropped his age by a couple of years. 
Baptism*6 July 1817 Ash-near-Sandwich, Kent;son of James & Elizabeth Millgate, Labourer, Overland2 
Death of Mother29 March 1839 Ash-next-Sandwich, Kent;Elizabeth Millgate, 46 years, wife of James Millgate, Husbandry Labourer, Consumption
Informant Ann Terry (neighbour) present at the death;Principal=Elizabeth White3 
Immigration*24 August 1839 "Somersetshire", Port Adelaide, SA, Australia;
SHIPPING INTELLIGENCE.
ARRIVALS
August 24 - The barque Somersetshire, 600 tons, Jackson, Commander, from London, April 20, with passengers, emigrants, and British merchandise.4 
Marriage*25 December 1840 Holy Trinity Church, North Terrace, Adelaide, SA, Australia;James Milgate of Light Square, Adelaide and late of Deal, Kent, England
Elizabeth Potter of Hindley Street, Adelaide, late of Lewes, Sussex, England
Witnesses John & Jane McIntyre;Bride=Elizabeth Potter5 
Birth of Son13 July 1842 Adelaide, SA, Australia;James Potter Millgate son of James Millgate & Elizabeth Potter;Principal=James Potter Milgate1 
Death of Spouse29 August 1843 Hindmarsh, SA, Australia;
When Died: August 29 1843
Name and Surname: Elizabeth Melgate
Sex: Female
Age: Twenty Two Years
Cause of Death: Decline
Rank or Profession: Wife of James Melgate of Hindmarsh
Signature, Description and Residence of Informant: Thos Jones, Weymouth Street, Builder;Deceased=Elizabeth Potter6 
News-Arct17 February 1849 "The South Australian Register", Adelaide, SA, Australia;
DECLARATIONS OF ACREAGE
Abstract of declaration of acreage deposited at the Crown Lands Office, in pursuance of the provisions of the Ordinance No. 10, 1848.
CHAS. BONNEY.
J. W. MACDONALD.
Commissioners of Crown Lands.
Hundred of Barossa.
No. of Acres.
Potter, P…….115

Hundred of Moorooroo
No. of Acres.
Milgate, J…… 70
Potter, P……. 80

Hundred of Willunga
No. of Acres.
Mason, J…… 407 
News-Arct28 April 1849 "The South Australian Register", Adelaide, SA, Australia;
PASTURAGE CERTIFICATES.
Colonial Secretary's Office, April 25, 1849.
His Excellency the Lieutenant-Governor has been pleased to direct the publication of the following list for general information.
By his Excellency's command,
A. M. MUNDY,
Colonial Secretary.
List of Persons who have taken out Pasturage Certificates
for the Year ending 31st March, 1850: —
Hundred of Willunga.
Mason, J……40
Hundred of Moorooroo.
Melgate, J…… 178 
Marriage*21 April 1850 St George's Church, Gawler, SA, Australia;
Groom: James Milgate
Status: Widower
Occupation: Farmer
Age: 31
Usual Residence: Morooroo Creek

Bride: Emily Martin
Status: Widow
Occupation:
Age: 24
Usual Residence: Morooroo Creek

Date of Marriage: April 21st 1850
Place of Marriage: St George's Church, Gawler
Religion: United Church of England and Ireland
Witnesses: Thomas Potter, Harriet Potter, Richard Sourse
Minister: W W Coombs;Bride=Emily Moore9 
Birth of Daughter23 April 1851 Moorooroo Creek, SA, Australia;daughter of James Milgate & Emily Moore;Principal=Ellen Milgate10 
Birth of Daughter8 October 1853 Barossa, SA, Australia;daughter of James Milgate & Emily Moore;Principal=Sarah Ann Milgate10 
Birth of Daughter12 September 1855 Moorooroo Creek, SA, Australia;daughter of James Milgate & Emily Moore;Principal=Emily Milgate10 
(Beneficiary) Will8 November 1855 Lyndoch Valley, SA, Australia;
This is the last Will and Testament of Mr Peter Potter of Lyndock Valley in the Province of South Australia Farmer All my real and personal estate and effects whatsoever and wheresoever and of what nature or kind soever I give devise and bequeath unto my dear wife Jane Potter for and during the term of her natural life and from and after her decease I give and bequeath the same unto and amongst my dear children as is hereinafter mentioned viz To my dear Son Samuel Potter I give and Devise All that piece or parcel of land containing Fifty eight Acres (more or less) being Section No 566 in the Lyndock Valley Survey in the Hundred of Barossa in the said Province To hold the same unto the said Samuel Potter his heirs and assigns for ever Together with a right of road for the said Samuel Potter over the Northern side of Section No 566A and numbered No 565 as is hereinafter more particularly mentioned To my dear Son George Potter I give and devise All that piece or parcel of land containing fifty one Acres (more or less) being Section No 566 with about ten acres of land adjoining on the Eastern side of Section No 565 in the Lyndock Valley Survey aforesaid Together with a right of Road over the remaining part of Section No 565 as is hereinafter more particularly mentioned To hold the same until the said George Potter his Heirs and assigns for ever Subject to a right of Road over the same for the said Samuel Potter his heirs and assigns as is hereinafter more particularly mentioned To my dear Son Edward Potter I give and Devise All the remaining part of the said Section No 565 containing Seventy Acres (be the same more or less) situate in the Lyndoch Valley Survey aforesaid To hold the same unto the said Edward Potter his Heirs and assigns for ever Subject to a right of Road over the same for the said Samuel Potter and George Potter their Heirs and assigns as is hereinafter more particularly mentioned And I do hereby declare that it is my Will and Mind that the said Samuel Potter and George Potter and their respective Heirs and assigns shall have liberty of ingress egress and regress at all times for themselves and their servants with or without all and all manner of Drays Carts Carriages Horses and Cattle in over and upon a certain Road of the width of Twenty feet inside and along the Northern fence of Sections N 566A and No 565 hereinafter given and devised to the said Samuel Potter and George Potter and their respective Heirs and assigns To my dear Sons the said Samuel Potter, George Potter and Edward Potter I give and Devise All that piece or parcel of Land containing Fifty seven acres and a half (be the same more or less) situate in the Hundred of Barossa aforesaid and being the Southern half of Section No 2710 And also all that piece or parcel of Land containing Thirty five acres (be the same more or less) being the Southern Half of Section No 636 in the Wiltshire Survey in the County of Light in the said Province To hold the same unto the said Samuel Potter, George Potter and Edward Potter their Heirs and assigns or tenants in common and not as joint tenants Subject nevertheless to the payment of the several Legacies hereinafter mentioned viz to my dear Son Caleb Potter I give and bequeath the Legacy or Sum of Twenty five pounds To my dear son James Potter I give and bequeath the legacy or sum of Twenty five pounds To my dear daughter Mercy Burfield I give and bequeath the legacy or Sum of Twenty five pounds To my dear daughter Jane McInytre I give and bequest the legacy or sum of twenty five pounds To my dear Son Thomas Potter I give and bequeath he legacy or Sum of Twenty five pounds To my dear daughter Hannah Martin I Give and bequeath the legacy or Sum of Twenty five pounds To James Potter Milgate I give and bequeath the Legacy or Sum of Twenty five pounds And to my dear daughter Mary Ann Allen I give and bequeath the Legacy or Sum of Twenty five pounds which said several Legacies I hereby direct shall be paid as soon as conveniently may be after my said Wifes decease All the rest residue and remainder of my personal estate and effects whatsoever and wheresoever and of what nature or kind soever from and after the decease of my said dear Wife Jane Potter I give and bequeath unto my dear Sons the said Samuel Potter George Potter and Edward Potter in equal Shares and proportions And Lastly I do hereby nominate constitute and appoint the said Caleb Potter and Samuel Potter joint executors of this my last Will and Testament and hereby revoking and making void all former and other Wills by me at any time heretofore made do declare this only to be my Last Will and Testament In Witness whereof I have hereunto set my hand and Seal this eighth day of November in the year of our Lord One thousand eight hundred and fifty five
Peter Potter
Signed sealed published and declared by the said testator Peter Potter as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses
John Edwin Gameau
Solicitor Gawler Town
Frederick Codd;Principal=Peter Potter11 
Birth of Daughter21 February 1858 Lyndoch Valley, SA, Australia;daughter of James Milgate & Emily More;Principal=Charlotte Milgate10 
(Witness) News-Arct15 May 1858 "The Adelaide Observer", Adelaide, SA, Australia;
THURSDAY, MAY 13.
[Before His Honor the Acting Judge.]
LARCENY IN A DWELLING-HOUSE.
Joseph Keen was charged with stealing from the dwelling-house of George Potter moneys, value £10, his property, at Lyndoch Valley, March 6.
The Crown Solicitor called
Stephen Hennity, who stated that he was barman to the prosecutor, at the Lord Lyndoch, Lyndoch Valley, on March 6th. In the evening he placed the money taken during the day, consisting of gold, silver, and notes, into a cash-box, which he put into the till. About an hour after he took the box out of the till again. It contained £10. The prisoner, Edward Potter, and two other men were in the bar. Left for a short time, and on returning the box was gone. Potter and the two other men were there, and the prisoner was just entering from the back of the premises. Enquired of Edward Potter what had become of the box, who stated that "Joe" (the prisoner) had taken it. A man named Milgate then came in from the back entrance, and said he saw "Joe" go into the back yard with something in his hand. Went out with him into the back yard and found the box produced amongst some wood. It was in the same state as before, with the money in it. Went back and saw the prisoner again. Said to him, "I am going to Gawler Town for a policeman." The prisoner made no answer.
By the prisoner—Did not ask you to feel the weight of the box; only handed it to Edward Potter for that purpose. Did not offer to bet you £1 that I could show £50 behind the bar. Was absent about three minutes, and was the first to miss the box.
Edward Potter, farmer—Was at the house of the prosecutor March 6ih, and saw the last witness put the box produced on the bar. After Hennity had left saw the prisoner take the box in his right hand and pass it behind him to his left hand, and then conceal it. Afterwards accompanied Hennity to the yard and found the box there. Asked the prisoner what he had done with it. He said he had never touched it. Sent Mr. Potter's barman to Gawler Town for a policeman.
By the prisoner—Tossed with you for two nobblers. Was not tossing when the barman missed the box. Did not speak when I saw you move the box, but went and informed the barman. Did not remember anything about a bet between you and the barman respecting the money. Did not see the box handed about to the men in the bar.
James Milgate, farmer, of the Dirty Light—Was lying under the verandah of prosecutor's house, and saw the prisoner go from the back part of the premises to a pile of wood, where he remained for a short time and then went back to the house. It was dark at the time. Went with Hennity and found the box produced amongst the wood.
By the prisoner—Was not drunk at the time. You did not stumble over me. The box was laid against the wood, but it was not covered over. Never heard the barman say that he planted the box amongst the wood. You passed close by me when I was under the verandah, and I saw you by a light from the kitchen. You were dressed as you are now.
The prisoner addressed the Jury in a somewhat rambling manner. He stated that he had been staying at the prosecutor's house several weeks, and spent a good deal of money there. A dispute arose between himself and the barman, who threatened to serve him out; and the placing of the box in his way was a trap laid for him by which they managed to get him into trouble. The Jury found the prisoner guilty, but recommended him to mercy on account of the carelessness of the barman.
The prisoner said he had no one to call as to character, except the witnesses who had given evidence against him. He then called Mr. Potter, who said he had known the prisoner three weeks. Had not known him guilty of any other act of dishonesty. Was informed by him that he came from Swan River.
Sentence deferred.;Principal=George Potter12 
Birth of Daughter21 February 1862 Jacobs Creek, SA, Australia;daughter of James Milgate & Emily Moore;Principal=Naomi Milgate10 
Death of Father22 March 1876 Overland, Ash-next-Sandwich, Kent;James Millgate, 84, Farm Labourer, Senile decay
Informant Harriet Wanstall Sister-in-law present at the death, Marshborough, Woodnesborough;Principal=James Milgate3 
News-Arct*8 February 1879 "The Adelaide Observer", Adelaide, SA, Australia;
CLEARING-OUT SALE OF FARM STOCK AND PLANT,
Two Miles East of Lyndoch, on Mr. Milgate's Farm, on the Tanunda Main Road.
13 
Will*23 March 1892 Dunmunkle, VIC, Australia;
Know all men by there presents.
That I, James Millbank, Farmer, of Dunmunkle, in the Province of Victoria.
Being of failing health, but in a sound and disposing state of mind, and memory, and being desirus of settling my worldly affairs, while I have strength and capacity, Do make and publish this my last, Will and Testament.
(Hereby Revoking, and making Void all former Wills by me at any time heretofore made)
1st _____________ firstly. I direct my Executors herinafter named, to pay all my just debts and funeral expenses, from my personal property not hereinafter disposed of.
2ndly____________ Secondly, I give to my wife Emily Millgate all my Real & personal Estate, Land, and Farm, situated at Dunmunkle, both stock and all thereon, During her life. At her demise: I direct that it be equally divided, Viz. that it be sold and the money given in equal shares to my children, James Millbank, Ellen Newell, Sarah Ann McLean, Emily Ingles, Charlotte Newell and Naomi Wiley.
Lastly. I appoint George McLean, Farmer of Dunmunkle, and my wife Emily Millgate, my wife Emily Millgate, my Executor & Executrix.
In Witness Whereof, I hererto set my hand, and Seal, and declared this Instrument to be my last Will and Testament. The twenty third day of March 1892. In presence of the persons whose names are subscribed as attending Witnesses.
James Millgate
On the Twenty third day of Mach 1892. The above named James Millgate in our presence signed the foregoing instrument, and declared to us that the same was his last Will and testament, and requested us to subscribe our names hereto as Witnesses; and we in his presence, and in the presence of each other, here in compliance with such request, hereto subscribed our names.
Charles Walliss, Farmer, Dunmunkle
J M Hanklin, Accountant, Minyip11 
Death*27 April 1896 Minyip, VIC, Austalia;
When and where Died: 27th April 1896 at Minyip
Name and Surname, Rank or Profession: James Millgate, Farmer
Sex and Age: male, 76 years
Cause of Death: Senile decay
Duration of last Illness: not stated
Medical Attendant by whom verified: Dr Naylor
When he last saw Deceased: 11th April 1896
Name and Surname of father with Rank or profession: James Millgate, Farmer
Name and Maiden Name of Mother: not known
Signature, description and Residences of Informant: George Henry McLean, son-in-law
When and where buried: 27th April 1896, Minyip General Cemetery
Undertaker by whom certified: James Hugh Brady
Where born: County Kent, England
How long in the Australian Colonies, stating which: 56 years, South Australia 34 years, Victoria 22 years
Where Married, at what Age, and to whom: Adelaide, South Australia, age unknown, Elizabeth Potter
later South Australia, age unkown, Elizabeth Harriet Martin
Issue, in order of Birth, their Names and Ages: In first marriage, James Millgate 57
by later marriage, Ellen 45, Sarah Ann 43, Emily 40, Charlotte 39, Naomi 343 
Burial*27 April 1896 Minyip General Cemetery, Minyip, VIC, Australia;
3
James & Emily Harriet Millgate headstone
News-Arct14 August 1896 "Table Talk", Melbourne, VIC, Australia;
JAMES Millgate of Dunmunkle. farmer, by his will dated March 23, 1892, and presented for probate by Mr. J. S. W. Smith, of Warracknabeal, solicitor, appointed his wife Emily Millgate, executrix, and George McLean, of Dunmunkle, farmer, executor. Testator bequeathed his estate to his wife Emily Millgate during her life, and after her death directed it to be sold, and the proceeds divided between his children, James Millbanh, Ellen Newell, Sarah Ann McLean, Emily Ingles; Charlotte Newell and Naomi Wiley. Testator died April 27,1896, and the estate is sworn at £707 real and .£04 personal; total, £801.14 
Probate14 November 1896 Supreme Court of Victoria, Melbourne, VIC, Australia;
In the Supreme Court of the Colony of Victoria
In the Probate Jurisdiction
In the Will of James Millgate late of Dunmunkle in the Colony of Victoria, farmer, deceased.
Be it known that on the twenty third day of October in the year of our Lord One thousand eight hundred and ninety six the will (a true copy of which is hereunto annexed) of James Millgate in the said Will erroneously described as James Millband, late of Dunmunkle in the Colony of Victoria, farmer, deceased who died on the twenty seventh day of April One thousand eight hundred and ninety six and who had at the time of his death, real estate within the jurisdiction sworn not to exceed in value the sum of seven hundred and seven pounds ten shillings and personal estate within the jurisdiction sworn not to exceed in value the sum of ninety four pounds ten shillings was proved by George Henty McLean in the said will described as George McLean, farmer, and Emily Millgate, widow, both of Dunmunkle, aforesaid the executors named therein, they having been first sworn that they would well and truly collect and administer according to the law the estate of the said James Millgate and would exhibit and deposit in the office of the Master-in-equity a true and perfect inventory of the said estate within three months of the order granting Probate and a true and just account of their administration of the said estate within fifteen months of the said order.
Given at Melbourne this fourteenth day of November in the year of our Lord One thousand eight hundred and ninety six.
H. F. Singleton
Registrar of Probates and Administration

STATEMENT OF ASSETS AND LIABILITIES
ASSETS—Real Estate
Allotment 68A Parish of Dunmunkle containing 79 acres valued at £2.10
197-10-0
Allotment 68B Parish of Dunmunkle containing 150 acres valued at £2.10
375-0-0
Allotment 99 Parish of Dunmunkle containing 79 acres valued at £2.10
135-0-0
Personal estate
Live Stock – three horses valued at £10 each
30-0-0
Farming Implements – One stripper valued at £10 – one winnower valued at £5, one double furrow plough valued at £2.10, one waggon valued at £10
32-10-0
Harness and Saddlery
6-0-0
Furniture
25-0-0
Tools
1-0-0

Mortgage to the Colonial Bank of Australia Ld (Minyip Branch) to secure the repayment of a loan of £50 – interest at 9 percentum per annum payable half yearly on 14th January and 14th July in each year. The mortgage is dated 24th July 1893 and is unregistered. The mortgage property is 68A and 68B
50-0-0

Balance 752-0-015 

Family 1

Elizabeth Potter b. 9 Feb 1823, d. 29 Aug 1843
Child

Family 2

Emily Moore d. 28 Oct 1909
Children

Citations

  1. [S1292] South Australia Pre-Civil Registration Births.
  2. [S1426] Microfilm of the Baptism of Ash-next-Sandwich, 1813-1849 (Film 1785907 item 4).
  3. [S14] Death Certificate.
  4. [S1565] Trove digitised newspapers, online http://trove.nla.gov.au/newspaper/, The South Australian Register, Saturday, August 31, 1839.
  5. [S1410] James Milgate William Newell 1839-1893 Pioneers.
  6. [S1556] South Australian Death Registrations transcript (Keith Bassett), Elizabeth Melgate 1843.
  7. [S1565] Trove digitised newspapers, online http://trove.nla.gov.au/newspaper/, The South Australian Register, Saturday, February 17, 1849.
  8. [S1565] Trove digitised newspapers, online http://trove.nla.gov.au/newspaper/, The South Australian Register, Saturday, April 28, 1849.
  9. [S1557] South Australian Marriage Registrations transcript (Keith Bassett), James Milgate & Emily Martin 1850.
  10. [S1240] South Australian Birth Registrations 1842-1906.
  11. [S201] Will.
  12. [S1565] Trove digitised newspapers, online http://trove.nla.gov.au/newspaper/, The Adelaide Observer, Saturday, May 15, 1858.
  13. [S1565] Trove digitised newspapers, online http://trove.nla.gov.au/newspaper/, The South Australian Chronicle, Saturday, December 3, 1892.
  14. [S1565] Trove digitised newspapers, online http://trove.nla.gov.au/newspaper/, Table Talk, Friday, August 14, 1896.
  15. [S1408] PROV Probate Records.