R7.256 – The Katharine Ellis Memorial Fund

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Recitals –

1. The late Katharine Rosemary Butler (née Ellis), formerly of 7 Harding Street Portarlington in Victoria, volunteer (‘the testatrix’), who died on 4 November 2006, by her will dated 28 March 2006 (‘the will’) provided-

‘…4(f) to pay the sum of FIFTY THOUSAND DOLLARS ($50,000.00) to the CONSERVATORIUM OF MUSIC at Melbourne University for the purpose of the promotion of music for the encouragement of young Australian pianists with such fund to be known as “The Katharine Ellis Memorial Fund” and to be administered by the Council of the University of Melbourne.

(g) to pay the remaining monies … PROVIDED however that if there are any funds then remaining after the aforesaid payments are made then I DIRECT that such funds are to be paid to the Conservatorium of Music at Melbourne University to form part of the funds to be used for and known as “The Katharine Ellis Memorial Fund” in accordance with the preceding sub-paragraph of this my last Will and Testament…’

2. On or about 3 December 2007 the University received the sum of $50,000.00 pursuant to clause 4 (f) of the will, and $11,004.96 being the total of its entitlement pursuant to clause 4 (g) of the will and accrued interest.
3. The Conservatorium of Music (‘the Conservatorium’) was established at the University on 19 July 1894 with a mandate to provide practical instruction in music and prescribe a course of study for the diploma of Musical Associate. In 1926 the faculty of Music (‘the faculty’) was established, and thereafter teachers were appointed in the Conservatorium by Council after consultation with the faculty. On 8 April 1975 Statute 2.15 – The University Conservatorium of Music – was repealed and a new statute substituted. The new statute recited that ‘The purposes for which the conservatorium was established are now carried out by the faculty of Music.’ Section 1 provided that ‘Practical instruction in Music in the University shall be undertaken under the authority of the faculty of Music.’
4. At 10 June 2008, the amount of the fund was $61,233.47.

It is provided as follows-

1. The sum of $61,233.47, and any accumulations and additions to the sum, forms a fund called ‘The Katharine Ellis Memorial Fund’ (‘the fund’) and the fund must be paid into an investment pool and remain there until Council directs otherwise.
2. The net annual income of the fund is to be applied by Council for the purpose of the promotion of music for the encouragement of young Australian pianists, on the recommendation of the dean of the faculty.