Emily McWilliam was the first woman to be granted a divorce under New Zealand domestic law. She was noted for her community work as a nurse, practitioner of homeopathy and fundraiser for the Otaki cottage hospital. A public clock was erected in her memory and a plaque commemorated her community service at the hospital.
Early life
editEmily Anna Canty (recorded in some documents as Cauty) was born in 1840 in Dover, Kent, United Kingdom. She was the daughter of James Canty and Eliza Ann Mills.[1] She was baptised at St Mary the Virgin Church in Dover on 1 April 1840. [2] Emily had an older sister Mary, and a brother, James. In 1841 Emily was living in Chapel Place, Dover . Her father's occupation at that time was a schoolmaster.[3] The death of Emily's mother Eliza Ann Canty (or Cauty) was registered in September 1840. In 1851 Emily was living with her the Sedcole family in Dover. Her brother James was married to Eliza Sedcole and Emily was described a a lodger. [4]
New Zealand life
editJames, Eliza and Emily emigrated to New Zealand along with other members of the Sedcole family including Eliza's parents, William and Margaret Sedcole. Eliza's brother, Captain John Sedcole, lived with his wife and children in Wellington. Emily married Captain Elijah Croucher on 26 September 1860 after a three week engagement. Emily and Elijah lived together for a few weeks only. (Elijah Hayes Croucher and Emily Ann Canty, 1860; citing Marriage, New Zealand, registration number 1860/2803)
Shortly after the marriage, Elijah departed for Lyttelton , intending to find a matrimonial home there. Emily was supposed to join him but did not do so despite several letters from him and his sending her £18. On 24 December 1860, instead of leaving for Lyttelton on the Emerald she travelled on the Sea Gull to Wanganui where she reinvented herself as a dressmaker by the name of Miss Neville (sometimes recorded as "Nevill").[5]
In November 1869 Emily petitioned the New Zealand Supreme Court for a divorce on the grounds of her husband's adultery and bigamy: Croucher had married Emily's sister-in-law, Eliza while still married to Emily. Emily's divorce was granted under the Divorce and Matrimonial Causes Act 1867. Under this Act, a husband could divorce his wife on the grounds of her adultery but a husband's adultery was not of itself sufficient grounds for divorce. A wife also had to prove some other ground such as cruelty, desertion or bigamy. The Chief Justice said that "under ordinary circumstances the relief of the Court would not have been granted because the grounds on which the petition had been presented were not sufficiently strong in warranting the Court in granting a dissolution of the marriage.... nevertheless the Court was disposed under all the circumstances to be lenient."[6]
Emily married the Reverend James McWilliam on 25 June 1873 using the name Emily Anna Canty. She was active in the work of the Maori Anglican Mission in Otaki of which her husband James was appointed head.[7] They had five children:
- Olive wife of Arthur Vere Winchester of Levin (1874 -1957)
- James Thomas McWilliam, (1876-1945)
- Catherine Minna McWilliam (1879 -1881)
- Isabel Maud Burr wife of Patrick Harvey Burr of Te Hauke (1881 - 1948)
- Muriel Mary Annie McWilliam of Te Hauke (1883 -1957)
James McWilliam died on 29 January 1907.
Musical associations
editEmily assisted with singing at concerts given by member of the Orpheus Glee Club between 1886 and 1888. Former members of the Club held a concert on 24 April 1889 at the Oddfellows Hall in Otaki and Emily was one of twenty members who performed in the reunion concert. She was identified in an accompanying magazine article as "Miss Neville (Mrs James McWilliam)".[8][9]
Death
editEmily died on 4 May 1899 and is buried in Te Aute Cemetery, Central Hawkes Bay.[10] Emily died intestate. Her eldest daughter Olive swore an affidavit stating that her mother "was married once only".[11]
Memorials and controversy
editThe Otaki community, both Maori and Pakeha, raised money for a memorial to Emily: in March 1901, a clock was mounted on a pedestal on the corner of Te Rauparaha and Main Streets in Otaki. The site was later needed for a new Post Office and the clock was relocated inside the building in 1903. The building was demolished in 1951 because of earthquake damage and at that time the Post Office declined to take over the clock. Instead responsibility for it passed to the Otaki Borough Council. Its fate after that is unknown.
In 1883 a friend of Emily's, Jane Martin, married her second husband John Evans Brown, an American-born former Member of the New Zealand House of Representatives. Jane moved to the USA with Brown who became a very wealthy man. He died in 1895. Jane returned to New Zealand and was living in Auckland on her death in 1908. Jane left two hundred pounds
"for the benefit of the cottage hospital at Otaki and to be applied by the trustees of the institution in such manner that it may be a lasting memento of my dear friend Mrs Emily McWilliam and her work in connection with the institution".[12] Also says "lovely" in her will Plus legacy
There was considerable controversy for many years over the disposition of the funds left by Jane Brown.[13] Correspondence between the Solicitor-General and the Director of Health ensued. The money was spent on (WHATEVER) and administration of the funds passed from 1 to 2 to 3. The sum of £308 was passed to the Palmerston North Hospital Board on DATE but no further expenditure of these funds has been identified.
A Plaque - the Otaki Historical Society found the plaque in their collections!
I think Jane Martin (maiden name unknown) was married to Frederick Martin proprietor of Martin’s Hotel, Otaki and Postmaster in Otaki around the 1860s. (This is possibly where she met Emily.)https://otakitoday.com/more%20p%C4%81keh%C4%81%20arrive%20after%20the%20traders%20and%20whalers
Frederick Martin died in 1872 and was buried in Bolton St Cemetery https://boltoncemetery.org.nz/burial-list/detail/945/ Jane was eventually buried there with him and George Martin on her death in 1907.
James McWilliam http://nzetc.victoria.ac.nz/tm/scholarly/tei-Cyc01Cycl-t1-body-d4-d121-d2.html
Phillips, Roderick. Divorce in New Zealand: A Social History. Auckland: Oxford University Press, 1981
FROM WIKITREE:
.
She passed away in 1899. She died intestate and the probate record is dated 1910. Her daughter, Olive Winchester, signed an affidavit which is in the probate file.• "New Zealand, Archives New Zealand, Probate Records, 1843-1998," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:2VC8-962 : 28 May 2019), Emily Anne McWilliam, 1910; citing , Palmerston North probate files [second sequence], 1922-1994, record number 21/10, Archives New Zealand, Auckland Regional Office; FamilySearch digital folder 007208899
. Sources
1. ↑ "England Births and Christenings, 1538-1975," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:J3MX-RYY : 11 February 2018, Emily Ann Cauty, 01 Apr 1840); citing , index based upon data collected by the Genealogical Society of Utah, Salt Lake City; FHL microfilm 355,633.
2. ↑ "New Zealand, Civil Records Indexes, 1800-1966," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:Q24J-KV8B : 4 October 2016),
3. ↑ https://www.stuff.co.nz/dominion-post/news/119061569/respectable-missionary-was-nzs-first-divorcee
4. ↑ "New Zealand, Civil Records Indexes, 1800-1966," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:Q24V-3XKL : 4 October 2016), James McWilliam and Emily Anna Canty, 1873; citing Marriage, New Zealand, registration number 1873/10030, Archives of New Zealand, Wellington.
5. ↑ "New Zealand, Civil Records Indexes, 1800-1966," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:QG6K-L7M3 : 4 January 2018), Emily Ann McWilliam, 1899; citing Death, New Zealand, registration number 1899/2353, Archives of New Zealand, Wellington
. 6. ↑ "Find A Grave Index," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:QGV1-325G : 12 August 2019), Emily McWilliam, 1899; Burial, Pukehou, Central Hawke's Bay District, Hawkes Bay, New Zealand, Te Aute Church Cemetery; citing record ID 184287373, Find a Grave, http://www.findagrave.com
. 7. ↑ Deaths, Wanganui Herald, Volume XXXIII, Issue 9736, 6 May 1899, Page 2,
https://paperspast.natlib.govt.nz/newspapers/WH18990506.2.5
• "England and Wales Census, 1841," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:MQK1-RKW : 21 May 2019), Emily Cauty in household of Mary Cauty, St Mary in the Marsh, Kent, England, United Kingdom; from "1841 England, Scotland and Wales census," database and images, findmypast (http://www.findmypast.com : n.d.); citing PRO HO 107, The National Archives, Kew, Surrey. • "England and Wales Census, 1851," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:SGLH-B4S : 9 November 2019), Emily Canty in household of William Sedcole, St Mary The Virgin, Kent, England; citing St Mary The Virgin, Kent, England, p. 7, from "1851 England, Scotland and Wales census," database and images, findmypast (http://www.findmypast.com : n.d.); citing PRO HO 107, The National Archives of the UK, Kew, Surrey.
• "New Zealand, Archives New Zealand, Probate Records, 1843-1998," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:2VC8-962 : 28 May 2019), Emily Anne McWilliam, 1910; citing , Palmerston North probate files [second sequence], 1922-1994, record number 21/10, Archives New Zealand, Auckland Regional Office; FamilySearch digital folder 007208899
. • England & Wales Civil Birth Index - FreeBMD. England & Wales, Civil Registration Birth Index, 1837-1915 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2006. Name: Emily Ann Canty; Registration Year: 1840; Registration Quarter: Jan-Feb-Mar; Registration district: Dover; Inferred County: Kent; Volume: 5; Page: 123
• England Select Births & Christenings - Ancestry.com. England, Select Births and Christenings, 1538-1975 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014. Name: Emily Ann Canty; Gender: Female; Baptism Date: 1 Apr 1840; Baptism Place: St. Mary, Dover, Kent, England; Father: James Canty; Mother: Eliza Ann Canty; FHL Film Number: 1836143
• 1841 England Census - Class: HO107; Piece: 494; Book: 7; Civil Parish: St Mary; County: Kent; Enumeration District: 5; Folio: 33; Page: 20; Line: 3; GSU roll: 306885. Source Information: Ancestry.com. 1841 England Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc, 2010. Name: Emily Canty; Age: 1; Estimated Birth Year: abt 1840; Gender: Female; Where born: Kent, England; Civil Parish: St Mary; Hundred: Dover Town and Port; County/Island: Kent; Country: England; Registration district: Dover; Sub-registration district: St Mary
• New Zealand Marriage Index - Ancestry.com. New Zealand, Marriage Index, 1840-1937 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2014. Name: Emily Anna Canty; Marriage Year: 1873; Marriage Place: New Zealand; Spouse: James McWilliam; Folio Number: 1777
• Death - "New Zealand, Civil Records Indexes, 1800-1966," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:QG6K-L7M3 : 4 January 2018), Emily Ann McWilliam, 1899; citing Death, New Zealand, registration number 1899/2353, Archives of New Zealand, Wellington
• Probate - "New Zealand, Archives New Zealand, Probate Records, 1843-1998," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:2VC8-962 : 10 August 2017), Emily Anne McWilliam, 1910; citing Palmerston North, Palmerston North probate files [second sequence], 1922-1994, record number 21/10, Archives New Zealand, Auckland Regional Office; FamilySearch digital folder 007208899 •
Also https://www.stuff.co.nz/dominion-post/news/119061569/respectable-missionary-was-nzs-first-divorcee
Women Mean Business Colonial Businesswomen in New Zealand Catherine Bishop ISBN 978-1-98-853176-2
Otaki Historical Journal 1998
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Image of Post Office - 1918 - 1924 Postcard with four views of Otaki.
https://www.nzmuseums.co.nz/collections/3403/objects/28897/otaki-postcard
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Find A Grave plus short bio mentionshttps://www.findagrave.com/memorial/184287373/_
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Also featured on website of OHS
https://www.otakihistoricalsociety.org.nz/?lightbox=dataItem-ioktf2dx
Memorials to Emily McWilliam and what happened to them" Vol 21 50:53
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Olive's marriage - apparently Emily gave her maiden name on the Marriage Cert of her daughter as" Cantey"
- ^ "Free BDM". www.freebmd.org.uk. Retrieved 2020-10-27.
{{cite web}}: CS1 maint: url-status (link) - ^ "Family Search". Family Search.
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{{cite web}}: CS1 maint: url-status (link) - ^ "Records". Family Search. 1851. Retrieved 31 December 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ "Supreme Court". WELLINGTON INDEPENDENT, VOLUME XXIV, ISSUE 2914, 11 NOVEMBER 1869. Vol. XXIV, no. 2914. 11 November 1869. Retrieved 2 November 2020.
{{cite news}}: CS1 maint: url-status (link) - ^ "New Zealand's Lost Cases". 19 October 1889. Retrieved 4 November 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ "Death of the Rev James McWilliam". Wanganui Herald. 30 January 1907. Retrieved 31 December 2020.
{{cite news}}: CS1 maint: url-status (link) - ^ "Image". New Zealand Illustrated Magazine. VIII.
- ^ "Music in Wanganui in the Early Days". New Zealand Illustrated Magazine. VIII: 47. 1 March 1903.
- ^ McWilliam, Emily (15 October 2017). "Emily Anna Canty McWilliam". findagrave.com. Retrieved 29 December 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ "New Zealand, Archives New Zealand, Probate Records, 1843-1998," database with images, FamilySearch". Retrieved 31 December 2020.
{{cite web}}: CS1 maint: url-status (link) - ^ "Personal Items". New Zealand Herald. 19 September 1908. Retrieved 31 December 2020.
{{cite news}}: CS1 maint: url-status (link) - ^ "Hospital Bequests". New Zealand Times. 17 December 1908. Retrieved 31 December 2020.
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