What three newspaper notices reveal about Reuben Wheeler's will — and the daughter who had to fight for it
This post is part of the Blogging from A to Z Challenge (#AtoZChallenge), where I’m
exploring historical newspaper clippings—one story at a time—through my series
“Behind the Newsprint.”
The Clipping
Three short notices in The Argus newspaper,
published over four months in 1874–75, seem at first to be routine legal
announcements. They concern the will of Reuben Wheeler, a labourer from East
Collingwood.
- 2
December 1874: Selina Crump of Hawthorn will apply for Probate of
the will, described as “executrix according to the tenor” of
the will. (The Argus, 2 Dec 1874, p. 7)
- 11
February 1875: The same Selina Crump will now apply for Administration
of the estate with the will annexed. (The Argus, 11 Feb 1875, p. 7)
- 12
March 1875: A court list records that a grant was made in the
will of Reuben Wheeler (estate valued at £70). (The Argus, 12 Mar 1875,
p. 7)
The shift in legal language – from “probate” to
“administration” – is subtle. But it tells a hidden story of loss, legal
rigidity, and a daughter’s determination.
What It Suggests
At first glance, this looks like a routine estate settlement
with a minor paperwork change. A labourer dies, a widow steps forward to manage
his affairs, and the court eventually grants her the authority.
But the change of wording is unusual. Why would the same
person first seek to be recognised as an “executrix” and then later as an
“administrator”? To a layperson, it might seem like a typo or a lawyer’s whim.
In fact, it signals a legal problem – one that the newspaper clippings alone
cannot explain.
Looking Closer
To understand, we need to examine the actual will, the
family, and the timeline of deaths.
The Family
Reuben Wheeler and his wife had two children:
- George (the
eldest) – died young in 1865, around age 29, in Collingwood.
- Selina –
the only surviving relative.
Selina married Thomas Crump, a brickmaker of Hawthorn. She
became Selina Crump.
The Will (27 January 1870)
Reuben Wheeler left everything to his wife, and “at her decease to my
Selina Crump absolutely, wife of Thomas Crump, Brickmaker, Hawthorn.” The
will also named Thomas Crump as the executor.
Reuben could not read or write; he signed with a mark (“marksman”). His estate was modest: a narrow block of land on Napoleon Street, Collingwood (33ft frontage by 75ft depth) valued at £70. with two old sheds valued at just £3, plus a few pounds of furniture. Total value: £73. Against this stood a mortgage to the Oddfellows society of £30 and unpaid rates of £8, leaving a net balance of only £35.
The Lawyers
Selina Crump was represented by Wisewould and Gibbs, proctors of 10
Collins Street West, Melbourne. They were experienced; their change of approach
was deliberate.
What Lies Behind It
Here is what each notice actually records.
The First Notice (Probate, Dec 1874)
With Thomas Crump dead, the will had no living executor. Wisewould and Gibbs
attempted an argument: they claimed Selina Crump was “executrix
according to the tenor” of the will. This is a legal doctrine used
when a will does not explicitly name an executor, but the wording clearly
implies a particular person should act. Selina was not only the sole
beneficiary – she was Reuben’s only surviving child. The lawyers
hoped the court would accept her as the implied executor.
The Second Notice (Administration, Feb 1875)
The argument failed (or was withdrawn). The law is clear: if a will names a
specific executor and that person dies before probate, no one else can become
“executor by tenor.” Even a daughter cannot override that rule. The correct
legal remedy is Letters of Administration with the Will Annexed.
This allows the court to appoint an administrator – here, Selina – to carry out
the will’s terms. The second notice is the lawyers' correcting course.
The Third Notice (Mar 1875)
The court list uses “Probates” as a general heading for both probate and
administration grants. The outcome was almost certainly Letters of
Administration granted to Selina Crump, giving her the legal authority she
needed to settle her father’s debts and take the net £35.
Behind the dry legal language lies a raw human story: a
labourer who couldn’t write, a son who died young, a wife who predeceased her
husband, a son-in-law named as executor who died too soon, and a daughter, Selina, who lost everyone and still had to fight through rigid probate rules
to claim a tiny inheritance from her father’s two sheds and a mortgage.
The timeline tells the real story:
- 16
November 1865 – George, Reuben’s only son, dies young 9 Napoleon
St, Collingwood East, Victoria, Australia.[i]
- 27
January 1870 – Reuben makes his will, naming Thomas Crump as
executor.[ii]
- 9
July 1871 – Reuben’s wife dies in Napoleon Street, Collingwood.[iii]
- 19
July 1873 – Reuben Wheeler dies in Napoleon Street, Collingwood.[iv]
- 13
April 1874 – Thomas Crump (executor) dies in Finch Street,
Hawthorn, before applying for probate.[v]
- 2
December 1874 – First notice in The Argus: Selina
seeks probate as “executrix according to tenor.”[vi]
- 11
February 1875 – Second notice in The Argus: Selina
seeks administration with will annexed.[vii]
- 6
March 1875 – Probate granted.[viii]
- 11
March 1875 – Final notice in The Argus: Supreme Court
grants representation; estate valued at £70.[ix]
These dates, stacked together, show the shifting sands of
reality – each death changing the legal landscape, each notice a desperate
attempt to keep up.
Reflection
As a family historian, I have a mental tick list. When I
find a death certificate, I check for: cause of death, place of burial, and informant’s name. When I find a land record, I look for mortgages, witnesses, and neighbours. And when I find probate notices in newspapers, which appear after
most deaths, I collect them, file them, and move on. I assume I know what they
say.
This time, I looked closer.
The first notice said “probate” and “executrix
according to the tenor.” The second said “administration” and “will
annexed.” I almost skimmed past the difference. But because I paused,
because I asked why the wording changed, I uncovered a story
the newspaper never intended to tell.
Newspapers omit things. Sometimes, by choice, they have
limited space, and legal notices are printed as cheaply as possible. Sometimes
by design, they report only what the court requires to be made public, not the
human drama behind it. The Argus did not tell me that Reuben
Wheeler’s son George, died young, leaving Selina as the only surviving child. It
did not tell me that Thomas Crump, the named executor, died before he could
act. It did not tell me that Selina was Reuben’s daughter, not just a random
widow.
I had to find those details in death certificates, wills,
and family records. The newspaper gave me the skeleton: three dates, three
notices, three shifts in language. I had to put the flesh back on.
The lesson is this: never assume a document says what you
think it says. A probate notice is not just a probate notice. It is a clue. And
the most valuable clues are the ones that make you stop and ask, “Why
is this different?”
Newspapers are imperfect witnesses. But if we read them
slowly, sceptically, and with curiosity, they will lead us to the records that
tell the real story.
For those interested in learning more about Reuben Wheeler & Selina Wheeler see his profile on WikiTree.
[i] Index
entry for George WHEELER(29), Year: 1865, Victoria Registry of Births
Deaths & Marriages Death Index Reg. Number: 8445 / 1865 [Parents:
Reuben and Elizabeth THOMAS; Spouse; Death Place: ; Birth Place: GLOU]
[ii]
Reuben Wheeler’s Will, 27 Jan 1870, Public Record Office Victoria(Australia) citing VPRS
7591/P0002, 12/805. Retrieved April 18, 2026, from https://prov.vic.gov.au/archive/86930C6D-F530-11E9-AE98-73E78F3F3E0D?image=4
[iii] Death Certificate Elizabeth Wheeler(69), 9 July 1871, Victoria
Registry of Births Deaths & Marriages, Reg. Number: 5889 / 1871
[iv] Death
Certificate Rueben Wheeler(72), 19 July 1873, Victoria Registry of Births
Deaths & Marriages, Reg. Number: 6484 /1873
[v] Death
Certificate Thomas Crump(59), 13 Apr 1874, Victoria Registry of Births
Deaths & Marriages Reg. Number: 4922 / 1874
[vi] Advertising
(1874, December 2). The Argus (Melbourne, Vic. : 1848 - 1957), p.
7. Retrieved April 18, 2026, from http://nla.gov.au/nla.news-article11508425
[vii] Advertising
(1875, February 11). The Argus (Melbourne, Vic. : 1848 - 1957), p.
7. Retrieved April 18, 2026, from http://nla.gov.au/nla.news-article11511974
[viii]
Reuben Wheeler’s Probate,
date of Grant of Administration, 6 March 1875, Public Record Office Victoria(Australia) citing VPRS
28/P0000, 12/805 & Reuben
Wheeler’s Probate, date of Grant of Will, 6 March 1875, Public Record Office Victoria(Australia)
citing VPRS 28/P0000, 12/805
[ix] SITTINGS
IN EQUITY. (1875, March 12). The Argus (Melbourne, Vic. : 1848 - 1957),
p. 7. Retrieved April 18, 2026, from http://nla.gov.au/nla.news-article11513597
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