Josiah Symon's will goes to Australia high court to delete defamations; bitter coda to life full of giving, achievements
Josiah Symon (main image) in his barristers wig but denied the role of Australia high court judge. His life, recounted in a biography by Ian Hancosk (top right) was otherwise full of philanthropy such as the Lady Symon women’s union building (top left) at Adelaide University in honour of his wife Mary. His achievements included a deep knowledge of Shakespeare, with a thankyou letter from author J.M. Barrie (bottom left) for sending his book on the subject. Symon also has successful side interests such as his Auldana vineyard and winery (bottom right) in the Adelaide Hills.
Images courtesy State Library of South Australia and from The valiant vigneron by Merrilly Hallsworth.
Josiah Symon the late 19th/early 20th Century dominant Adelaide barrister and attorney general of South Australia and Australia, made it to the high court of Australia at the end of his life – but not in the way he possibly wanted.
Given a state funeral at St Peter's Cathedral in 1934 when he died at 88, Symon showed the strength of his convictions to the end, with his executors having to apply to the high court to have “scandalous, offensive and defamatory words” to the persons concerned removed from his 10,000-words will. This was in keeping with opinion of Symon as “possibly one of the best haters in Australia”.
A cause of Symon’s resentment was possibly that he was never selected to sit on the high court bench, as others believed he deserved. It was speculated that Symon’s strong campaign, to end appeals on high court decisions to the privy council in London, anticipated his future high court role. He later changed his stance on the appeals.
Ian Hancock’s 2023 Wakefield Press biography of Symon sought to correct him being “mainly remembered, if at all, as a reactionary and a master of vituperation. To restore balance requires recognition that this largely self-made Scot, composed of many allegiances and contradictions, took principled stands which placed him ahead, alongside and behind his times.”
Symon arrived in South Australia from Scotland in 1866 just before his 20th birthday. His baggage included two boxes of books, references praising his primary school teaching and a few English pounds. In 1934, he left an estate valued in modern terms at $22 million. Symon grew his wealth as the acknowledged leader of the Adelaide Bar for 30 years, by investments in shares and property in London and Australia, and through his highly-regarded vineyard and winery.
Knighted for contributions to the federal cause, Symon served in the South Australian House of Assembly (1881-87) and the Australian senate (1901-13). Symon headed a large family, owned an estate and working farm and was also a philanthropist, a bibliophile, Shakespearean scholar, president of cultural societies and a sought-after public speaker.
He made a significant contribution to the South Australian community as a benefactor, improving the lives of women and children, inspired by his own family, to causes including:
- Minda Home for intellectually handicapped children opened in 1898. Symon was its president until 1907.
- St Ann’s College for women university students as a residential college at North Adelaide opened in 1947. Symon gifted the Pennington Terrace property in 1925.
- Lady Symon women’s union building at the University of Adelaide opened in 1927 as a common meeting ground and a social as well as an academic centre for women students. This building was dedicated to his wife Mary, renowned for her knowledge of poetry,
- Northcote Home for Mothers and Babies at Grange opened in 1928. Symon gifted the land and funded the building to give new mothers a few weeks rest, comfort and peace by the sea. It closed in 1973.
- Eleanor Symon Nursing Home opened in 1929. It was attached to the Australian Inland Mission and Flying Doctor Base. It closed by 1951 but was placed on the state heritage register.
In his will, Symon donated his library that “has been one of the brightest pleasures of my life to collec”’ to the State Library of South Australia on the condition that it be maintained as a collection and the bindings not be altered or marked in any way. The bequest of 7,500 books included artworks, shelves, cupboards and Symon’s chair and writing desk.
