FOY, MAXIMILIAN JOHN (1882-1949)


Maximilian John Foy was the only surviving child of Mark Foy (1824-1884), founder of the well-known Foy and Gibson store in Collingwood, Melbourne and his second wife Catherine Frances Power (1858-1930), who married at St Patrick’s Cathedral, Melbourne on 25 December 1879.

Mark Foy, born at Moystown, Kings County, Ireland in 1824, had first married Mary Macken (1827-1879) at Dublin on 25 April 1855. Mary died on 21 March 1879 after having had eight children. He established a drapery business in Collingwood which he eventually passed to his son Francis Foy (1857-1918) in 1883. Francis, after a brief partnership with William Gibson (c1842-1918) sold the business to him. Francis Foy later established, in 1885, the well-known Mark Foys department store in Sydney in partnership with his younger brother Mark (1865-1950).

Maximilian’s mother, Catherine Power was only 26 years old when Mark Foy senior died. She later entered a relationship with Leslie Nicholson and it was as Maximilian John Nicholson that her son was enrolled at Geelong College in 1896, though he later reverted to using the name ‘Max’ Foy. He was enrolled by a Lindesay (sic) Nicholson of Swanston St, Geelong.

According to a family descendant, Max’s father, ‘Mark Foy left 50% of his considerable estate to Maximilian to be paid on his 21st birthday. The remainder he left to Catherine with the proviso that she did not marry again’ . Therein probably lies the reason why Catherine did not marry Leslie Nicholson and why Maximilian was enrolled at the College as Maximilian Nicholson. Max’s mother died at Chelsea on 1 August 1930.

At College, ‘Max’ demonstrated himself to be an able and academically gifted student and during his studies at the College from 1896 to 1899 was awarded the following prizes:

1896….. 1st ....... English ....... Lower 4th Class
1896….. 2nd ...... History ....... Lower 4th Class
1896….. 1st ....... Latin .......... 1st Class
1896….. 2nd ...... Scripture ..... Lower 4th Class
1897….. 1st ....... History ....... Upper 4th Class
1897….. 2nd ...... French ........ Fourth Class
1899….. Dux ..... ................... University Class
1899….. 2nd ...... English ....... University Class
1899….. 2nd ...... French ........ University Class

In 1899 he was a member of the 2nd Shooting Team which represented the College at the Victorian Rifle Association (VRA) competition that year. The Annual Report of 1900 noted that M J Nicholson had passed the Matriculation Examination the previous year.

Max had previously attended Geelong Grammar School and Geelong Grammarians described him:
'Born in 1882 at Collingwood. Son of Mark Foy (born in Ireland) and his wife Catherine Francis nee Power). Maximilian attended GGS in 1888, presumably the junior school. He married Marcia M Lewis in 1913 at Sydney and they had at least two children: Max V born 1914 at Chatswood; and Marcia J, born 1918 at Drummoyne.'

‘Max’s later life appears to have led to tragedy and discord and it is likely that Max developed a psychological illness which severely and adversely impacted his life. He married Marcia Madeline Lewis (1894-1980) in Sydney on 27 May 1913 and three children were subsequently born: Maximilian Victor Foy (1914-1997); Marcia Jill Foy (1916-1988); and Alan Foy (1920-1977). The couple separated in about 1920.

In 1921, ‘Max’ was arrested and charged with attempted murder of a horse trainer, John Moore of Kensington, who he believed had defrauded him. During the incident the horse trainer’s niece was shot in the leg. It was noted at the trial that ‘Max’ had previously been treated at the Callam Park for ‘mental confusion’. At the trial ‘Max’ followed legal advice and pleaded ‘not guilty due to insanity’ and was then detained at the Governor’s pleasure in various hospitals before being released from Parramatta Mental Hospital in 1926. His release was due to the efforts of Mr Kilpatrick MLA for Wagga who commented at the time that ‘justice demanded his liberation’ . He further commented that he thought that ‘ the case would lead to an amendment of the lunacy law’.

'Max' appears to have worked sporadically as a labourer in his later years though at times possibly unemployed and it remains uncertain how much of the Foy inheritance he retained. He was interred at Rookwood Cemetery, Sydney.

Max’s step-brother John David Nicholson (1892-1967) also attended the College.

Western Argus (Kalgoorlie) 18 Oct 1921 p12; Sydney Morning Herald 21 March 1929 p12; Douglass Family History; Images courtesy of Douglass Family; Corfield & Persse. 'Geelong Grammarians: A Biographical Register Vol One 1855-1913' p453