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By Joan Taylor

Robert was the son of Thomas and Margaret Henderson, both of whom arrived in the colony of New South Wales on September 17, 1793, from Ireland, as convicts on the transport SUGAR CANE. Robert is the first of our forbears actually born in the colony. In the Mutch index is the following entry: ANDERSON, Robert Son of Thomas and Margaret Anderson Born June 25th, Baptised July, 9th, 1796. (1)
Mutch notes that this entry is from St. John’s Church of England, Parramatta, register and relates to Robert Henderson of Veteran Hall, who died on 11.11.1869, aged 73. Listed in the Pioneer Register is the following: THOMAS HENDERSON
1. John Henderson
Born circa 1793
Died August 3, 1844
Married:-
Ruth Chambers
Maria.
(2)
This, is surprising - there are no family records concerning John, a brother of the first Robert. We do know he had a sister Margaret born in 1803, but only one child is listed with Thomas in the 1806 census; John by then would have been approximately 13 and may have gone elsewhere to work. (3)
(Possibly we should now research John, born 1829, died 1922 at 93- and Robert Henderson- born 1835, died 1917, at 82, who are both buried at St. Paul’s Anglican cemetery, Kincumber. We had been told that they were no relation.) There is little early official record of Robert’s childhood and youth, but it was presumably hard, although both his parents should have received their emancipation certificates by 1800. Robert should have been entitled to a food ration as a child born free in the colony. The first report of his youth is in the Sydney Gazette of November 7, 1812: "Robert Henderson was acquitted of pig stealing." (4)
In the same issue, Thomas Henderson, (his father) was sentenced for pig stealing. This may have been Robert’s first brush with the law, at age 16, but certainly not his last.
The Parish Register of St. John’s, Parramatta, records the wedding of Robert to Catherine Gary. In the Henderson box, there is a (5)
marriage certificate which reads: Page 63. Marriages solemnised in Parish of St. John’s Parramatta, in the County of Cumberland N.S.W. in the year 1817.
No.543: Robert Henderson, aged 19, in the Parish of Sydney and Catherine Gary, aged 16, in the Parish of Parramatta, were married in this church by banns this Fourth Day of March, in the year one thousand eight hundred and seventeen by me, Samuel Marsden.
This marriage was solemnised between us:-
Robert Henderson
Catherine Geary
in the presence of:-
Thos. Henderson X his mark
Elizabeth Wicks X her mark (6)

Catherine was born on Norfolk Island in 1800 and was the daughter of Patrick Geary (Gary), private in the N.S.W. Corps and Elizabeth. Patrick had been stationed in the Parramatta region for some years and was still in the army a year before the marriage.

Some time after the wedding, Robert and Catherine moved to the Pittwater area, where Robert had a farm. In the Sydney Gazette, October 4, 1822, Robert advertised:
"To be let or sold, a certain farm of 80 acres in Pittwater, bounded on the north by Peter Patillo, by Mr. Campbell on the south and on the rear by Government land. I am the sole proprietor of the said farm. I warn all persons not to treat with anyone other than myself, the same being duly transferred to me and registered in the office of the Judge Advocate." (7)
In 1824, he had 80 acres of land at Pittwater, with a ticket of occupation for 100 acres at Pittwater, on which he ran 20 cattle and James Bolton ran 20 cattle. This may still have been the original 80 acres he offered for sale in 1822. On May 15, 1824 Robert was appointed a District Constable, his police district covering Wiseman’s Ferry to Brisbane Water. Also in the Colonial Secretary’s index, the following is noted: Henderson, Robert native of colony, settled at Broken Bay, December 14, 1824., to have Samuel Heymas assigned to him. 4/1811. P.202 (8)
Robert had moved to a grant of land of 100 acres at Saratoga, made to his father-in-law Patrick Geary. There is a great deal of official correspondence (in the Magistrate’s records) relating to Robert’s service as a District Constable, a position he held for approximately four and a half years, until September, 1829. In 1826, the Gosford area had three police magistrates, all justices of the peace who ordered floggings- Henry Donnison, A. Holden and Willoughby Bean. By 1828, the settlement at Brisbane Water had increased to about 100 persons, nearly 50% of whom were convicts.(9)
In 1826, Robert applied for a salary increase: "Henderson, Robert, free, 1826- petition for increase in salary 26/5288 in 7951."(10)
This seems to have been unsuccessful, because Willoughby Bean wrote to the Colonial Secretary on February 26, 1827 as follows: "Mr. Robert Henderson, the District Constable, from the date of his appointment on May, 5th, 1824, until last quarter has only received twenty-five pounds per annum. He was promised by the late Major Owen in August, 1825, that he should be placed on the same footing as all others holding similar situations, but was disappointed. All the business of the District was then done by him alone, he being the only Constable at that time." Following Mr. Bean’s letter, Robert’s salary was increased to one pound per week. Replying to the Government Circular 28/11, Willoughby Bean wrote: "There are three Constables, (viz, Mr. Robert Henderson, Free, District Constable, 2/10 per diem salary. He resides on his farm 5 miles from the entrance to Brisbane Water, and 8 miles from my residence ( Court House). His farm is situated in the part of the District the thickest settled, and where the presence of a Constable is most required. His other occupations are those attendant on a farm only......"(11)
Mr. J.D. Stapleton in the Sydney Morning Herald in 1936, referring to an early book of police records, etc. Wrote:
"The aborigines seemed to be a constant source of trouble to the authorities, the settlers and the police. Members of the last- mentioned body were often forced to forsake their night’s rest at a moments notice, and spend five or six or even more hours in the saddle chasing blacks or bushrangers for the sum of 1/- per night. In 1827 soldiers had to be sent to help protect the district from a feared onslaught of eight bushrangers proceeding southwards from Newcastle. (12)
To the Colonial Secretary, the Hon. Alexander McLeay, police office, Brisbane Water, April 25, 1828.
"Sir, The District has within the last five or six months been greatly disturbed by the inroads of a strange tribe of aborigines, I believe from the Hunter River, the Wollombi and the Sugar Loaf. These tribes have frequently during that period assembled in great numbers (in one occasion upwards of 200, and on another 180) and in the most retired parts, where they have destroyed the settlers’ crops and on one occasion, beat a settler and his man, who made some resistance, and have decamped and disappeared before the settler could communicate with his neighbours or seek any assistance." "Mr. Henderson, the District Constable, during my absence, deemed it prudent to arm 15 men and go in pursuit of them. He overtook and drove them before him along the coast to the northward, till night came on, when they doubled up on him and returned. He took two of them, whom he released after detaining them some days. They, however, confessed that it was their intention not only to rob the settlers, but to capture and burn a gentleman of the name of Cape, who had formerly fired on them during the night, when he caught them stealing his corn. Assistance was immediately sent to Mr. Cape (who resides 12 miles from any other settler) by which means they were deterred from putting their purpose into execution. I am, however, confident hat they really intended doing him some great injury, they have already heaved a spear at one of his men, when on horseback, and which struck in the saddle. They have now left the district but will, I have no doubt, visit it again, and unless some strong steps be taken to intimidate, will be able to do some mischief. Damage of the pilfering amounts to upwards of sixty pounds. I have the honour to be, Sir, your obedient servant, Willoughby Bean J.P." (13)
There is no official record of Robert as a District Constable after September, 1829. His father-in-law Patrick Geary, and wife Mary, had moved to Veteran Hall, Kincumber, after Patrick’s dismissal as District Constable at Pittwater in 1826. The farm was a grant to Patrick and was being progressively cleared and developed. Robert had plenty to occupy him there. Patrick died in January, 1827 and is buried in Veteran Hall cemetery. He left the grant to Robert in his will. In the Brisbane Water census in March, 1829, Robert had cleared and cultivated 30 acres, employed nine free men and had seven assigned convicts, and owned 60 cattle. (14)
On April, 2, 1839 Robert had applied to the Court of Claims to confirm his claim to 100 acres granted to Patrick Geary on an order of Sir Thomas Brisbane dated October, 1823. The land, portion 26, Parish of Kincumber, County of Northumberland, was opposite Mangrove Island (now Riley’s Island), the quit rent was 12/- (twelve shillings) sterling per annum. The Court found in his favour and the deed was executed on December 14, 1840.(15)
Robert was busy acquiring land in 1828. The Court of Claims case No.393 refers to 100 acres located on an order of Gov. Brisbane to William Blizzard on June 2, 1825. In the Henderson box is the following document:
9 July, 1828- Conveyance William Blizzard to Robert Henderson of 100 acres of land at Brisbane Water. Blizzard bound to Henderson for £100.0.0. Price £12.10.0 paid to William Blizzard in full satisfaction of purchase. Grant to be obtained before 9/1/1830. Bounded on west by lands of Patrick Humphrey, on north by Brisbane Water, on east by unlocated Crown lands and on the south by lands of Peter Campbell. The Commissioner’s report in favour of Robert was made on August 6, 1839 and the deed was executed on 20 September, 1839. This was portion 29, Parish of Kincumber.
In Court of Claims case No. 411, Robert claimed 320 acres located by Peter Campbell on an order of Gov. Brisbane of November 30, 1825. On April 7, 1828, Mr. Campbell conveyed it to Robert for fifty pounds. The name of the property was Culcorcan, between the farms of Richards and Humphreys on Cockrone Creek at the head of Cockrone Lake. The Commissioner’s report in favour of Robert was dated January 23, 1840; the deed was executed on March 30, 1840.(17)
so by early 1829, Robert had at least 520 acres to maintain. About 1832, Robert and Catherine had a substantial home built on Patrick Geary’s original grant. My mother, in 1942, gave me the following description of it. "Veteran Hall homestead has been demolished for a number of years, but it was definitely situated towards the present wharf, close to the water; Catherine, and later her grand-daughter Madeline could sit in the main bedroom and be able to throw an object out of the window into the water." Mother always understood that Veteran Hall was named after an old home in the north of England, but Margaret and Thomas Henderson, as well as Patrick came from Ireland.
Mother said: "The house was said to be convict built of stone, with wide verandahs, each room with glass doors with heavy shutters opening on to the verandahs, and the rooms were not inter-connected." It sounds most inconvenient, but was supposed to be a safety measure, to do with attacks from bushrangers or aborigines. "There were a number of fruit trees, bananas, figs, lemons and loquats." Certainly, Robert did employ a stonemason for some time- he carved the headstone for Patrick’s grave and his name was Sidebottom. My mother also had a recollection of a stone barn with rings in the walls, used for shackling convicts. This may have had to do with the stationing of a District Constable at Veteran Hall for some years, from 1838. It was possibly sometimes necessary to hold a prisoner overnight. But there is no positive evidence about the barn.

Catherine and Robert , after fifteen years of marriage, had a son, Robert, born October 31, 1832, at Brisbane Water.(18)
He was Baptised twice. There is a doubt whether this is their only son. In 1838 a boy Thomas was born and was raised with the family. The family story is that he was adopted as a companion for Robert. But Thomas’s death certificate shows his parents as Robert and Catherine. I can, however, trace no record of his baptism and no record of his birth, and in view of the two baptisms for Robert, it would seem probable that Thomas would have been baptised. Robert senior did, however make provision in his will for "My son Thomas Henderson." The son Robert was later to be known as Robert Geary Henderson. In the City of Sydney directory for 1833, 1834 and 1835, Robert Henderson’s residence is shown as Brisbane Water.(19)
On August 16, 1835, Robert Henderson received the sum of £3.12.0 for the water conveyance of prisoners and escort from and to Sydney, from July 29 to September 26.(20)
Some time in early 1830’s, Robert acquired the Dove Inn, at the foot of Erskine Street, Sydney and had a number of small schooners trading to and from Brisbane Water. On February 12, 1835, Magistrate Jonathan Warner made the request that His Excellency the Governor "will be pleased to allow a mail bag to be sent to this district addressed to me by Mr. Robert Henderson’s vessels LARK, schooner, and BETSY, regular traders to this port.(21)
Mr. A. Holden, Police Magistrate, wrote to Robert from the police office at Brisbane Water on April 5, 1838:
"It is my intention almost immediately to station a Constable somewhere between this and Reid’s Mistake. I am inclined placing him at your cattle station where, of course, such an arrangement would afford particular protection to your property in that quarter. If you could promise to have a comfortable hut erected for the Constable..I might decide at once- the constable might proceed to your station immediately you inform me of the hut being ready for him." (22)
In the Australian newspaper, June 16, 1835, it was noted that Robert Henderson had signed a memorial to the Governor. (23)
And on a number of occasions, there would be a notice in the paper that a letter was waiting for Robert at the G.P.O...the first of these appearing in Sydney Gazette, 17/3/1825, p4. (24)
As was common practice at that time, although not approved by the local magistrates, Robert paid part of the wages of his employees in rum, and gradually became involved in the supply and vending of spirits, which was part of the basis of his later comfortable circumstances, although he did not apply for a licence to vend spirits at the Dove Inn until 1844. It is possible that a licence was held in the name of a manager prior to that date. (25)
In 1836, the police force in the Brisbane Water district was doubled, and later tripled, but there was always a difficulty in obtaining suitable recruits. By 1838, the population of the area had increased tenfold over the 1828 census figure of about 100 people, and it continued to increase until the gold rushes of the 1850s, which started with Edward Hargraves’ discovery of gold at Bathurst. Hargraves was a personal friend of Robert’s. No. 36/32 Colonial Secretary’s office, Sir, 13th January, 1836.

Having submitted to the Governor your Memorial without date, together with the report of the Surveyor-General and Harbour Master thereon, I am directed by His Excellency, the Governor, to inform you that there will be no objection to your erecting a wharf on your land in Darling Harbour, to extend fifty feet from high water mark, but you are required not to advance beyond the true line of Sussex Street. Mr. Robert Henderson, No. 7 Authority to extend to Brisbane Water. Albert Street.
Boundary roughly formed, sketch map and measurements appended. (26)
This wharf was probably needed for the handling of cargo for Robert’s small trading vessels. The Dove Inn and the Clarence Hotel were both close by and he was supplying produce to both from Brisbane Water and Budgewoi.

On June 17, 1843, he advertised in the Sydney Morning Herald that shingling was done at Albion Wharf at one guinea per square. And later, that "Robert Henderson of Sussex Street will employ- a pair of sawyers at 4/6d. Per 100 feet". As his residential address by then was Erskine Street, the second advertisement quoting Sussex Street seems to indicate that Albion Wharf is the one referred to in the authority No.7. (27)
Later in the 1830s Robert and Catherine moved their residence to Erskine Street from Brisbane Water, so that young Robert could receive proper schooling and Robert was closer to his business interests.
Land acquisition was important to Robert. On September 30, 1839, he applied for and was given a deed of Crown grant of 100 acres, County of Northumberland and on March 30, 1840, a deed of Crown grant of 300 acres, County of Northumberland. On April 13, 1841, he was given three grants of 2 roods each, allotments numbered 16, 17 and 18, Section 8, at Gosford. In the Henderson box (Mitchell Library), there is a list of the above grants, plus deeds for three grants in the County of Cumberland, eight deeds of grant in the County of Northumberland, plus the deeds for Patrick Geary’s grant; also the Bethel Chapel in Erskine Street, and the Erskine and Sussex Street deeds. All these deeds were lodged (as per the above list) with his solicitors by Robert on June 20, 1863, and if he held the deeds, he must still have held all that land.(28)
In addition to the above, Robert was granted 640 acres on August 11, 1843, a grant which had originally been granted to John Slade, who had settled there in 1828 and named the grant Pudgeway. In the 1829 census, Slade had cleared three acres, one of which was cultivated, he employed one free man and two bond servants; he owned 30 cattle. The grant faced Munmorah and Budgewoi Lakes. Robert re-named the grant Budgeway.
On this property, he employed a Mr. Freeman to run a dairy, which supplied milk, meat and cheese to the settlement at Gosford and to the Dove Inn in Sydney. He also had 50 acres near Bungaree North and 25 acres or less in the Village of Bungaree North. He sold these three grants to Edward Hargraves for one thousand pounds on February 6, 1856.
In 1833, Robert bought from John Miller land at Green Point, 60 acres, Portion 75, which he sold in 1834 to Thomas & Maria Pidding.(29)
There was another claim involving land, made by Porter and others, regarding Portion 27, Parish of Kincumber, at Brisbane Water. Robert claimed Portion 26, Patrick Geary’s grant on which Veteran Hall was built, Portion 71, of 50 acres and Portion 27 of 100 acres. Portion 27, called Mount Pleasant was originally granted to Jas. Blanch.(30)
Possibly Robert was in a position to buy and sell land because he had cash- a scarce commodity- from the sale of spirits. "Illicit distilleries sprang up and illegal importation of spirits was common. Robert Henderson, a District Constable in 1824 had by 1842, risen well out of the police force, and was apprehended for the illicit importation of 259 cases of spirits smuggled from the FAIR BARBARIAN in Broken Bay. He was acquitted on a technicality of the law, for the prosecution failed to prove that Cowan Creek was situated in New South Wales. Such illegal importation of spirits was quite a common feature of the early days, particularly before Customs Officers were stationed at Broken Bay. (31)
The Sydney Morning Herald reported that Robert was charged with this offence on August 25, 1842. There is a great deal of material available from Court records concerning this arrest, but what struck me was the apparent cheerfulness he felt when apprehended, about the seizure of the casks of rum and brandy, for Captain Browne, Superintendent of Water Police, when giving evidence said that he saw Mr. Henderson aboard his own schooner the following morning. Mr. Henderson, laughing, said, "You have the laugh on me this time, but I have had the laugh of you several times before." It was not regarded in those days as a criminal offence by many colonists.
Robert was acquitted on a technicality, but immediately was charged as an accessory, for aiding and abetting the conveyance of the spirits. This charge came before the Court on September 4, 1842, when he was acquitted on the plea that as he had been acquitted on the first charge of concealing spirits, he could not be prosecuted for both conveying, concealing or aiding and abetting, so that £100.0.0 damages could be obtained for each offence. There were subsequently cases against the importers and their sureties for breaking bond.(32)
On March 8, 1838, Robert was elected a trustee for the building of a church of England and a parsonage at Brisbane Water and services were, meantime sometimes held in Veteran Hall homestead.(33)
In the Sydney Morning Herald, November 30, 1842 it was reported that Robert Henderson had resigned as a trustee of Brisbane Water church, parsonage and school funds and that a successor would be at once elected. Whether this was a result of the court case is not known.(34)
In the Sydney Morning Herald, July 16, 1842, Robert advertised:
"Valuable property to be sold by Private Contract, a valuable and most delightfully situated piece of land in Crown Street, Millers Point, Sydney, opposite Mr. Jones’ new buildings and containing 13½ perches, more or less. For further particulars, apply to Mr. Robert Henderson, No.5 Erskine Street.(35)
This sale may have been necessary to help finance the two court cases.
The Sydney Morning Herald, November 23, 1842, reported that Robert had made a donation of 20/- towards the cost of erection of Scotts, church, Pitt Street, Sydney.(36)
(Note: If doing further research into Robert, please note that there is another Robert Henderson living in Sydney, in trade as a horticulturist, at the same period, so I have used only that information which specifies Robert’s address, or some other relevant detail. Some of the other information may apply, but would need proving.)
In the City of Sydney Directory for 1844, and 1845, in the list of principal citizens’ alphabetical list, appears:
Henderson, Robert, Dove Inn, Erskine & Sussex Streets, Sydney.(37)
In the Sydney Morning Herald of April 5, 1844, it was reported that Robert Henderson had applied for a publican’s licence for the Dove Inn, which was granted: on July 2, 1844, he applied for and was granted a night licence for the Dove Inn. Robert also owned the Swan Inn, although no licence appears in his name, and the Clarence Hotel, although no licence in his name appears there until 1858.(38)
The Dove Inn appears to have been a substantial, well known building offering amenities for the holding of meetings, as well as the usual services. There are notices in the Herald of public meetings, funeral processions leaving from the premises, committees to meet there and so on. In the Herald, December 10, 1844; Notice of a meeting to be held at the Dove Inn- inviting all those interested in Aquatic sports to consider arrangements for a Regatta to be held on Boxing day. It was not even necessary to put the address of the Dove Inn in the advertisement. The Regatta was to be held on December 26, 1844.(39)
On May 31, 1860, Robert’s licence for the Dove Inn was renewed- 7/1513, no. 734, which he had held continuously for 16 years. It is the last licence for the Inn I can find in his name. On May 31, 1860, Robert’s licence for the Clarence Hotel was transferred to his daughter-in-law, Hannah Wallbridge Henderson. (40)
After he was granted a licence for the Dove Inn, Robert advertised in the Herald, September 16, 1844:
Notice to builders desirous of contracting for the building of a house in Erskine Street may see the plans and specifications at the Dove Inn. Tenders to be delivered to Mr. Henderson on or before 1st October,1844. (41)
The schooner LARK and a small coaster BETSY were joined in trading between Sydney and Brisbane Water in 1848 by another schooner. This was a 50 ton vessel built by James Cunningham launched at Cockle Bay, Sydney in July, 1848. It was launched by torchlight at 7.30pm and was named by Mrs. Catherine Henderson CURRENCY BOY. The schooner was 50 feet overall, 15½ foot beam, 7 foot deep in the hold, and coppered and copper fastened.(42)
In 1854, Robert was appointed by the Government as a District Councillor for Brisbane Water, and some time later, moved back to live at Veteran Hall.

On June 29, 1865, George Allen conveyed to Robert a deed of Trust of land made on 30.11.1847 to George Allen (Reg. No. 81, p.257), which on March 20, 1865 was sold by Dower George Allen and wife to George Wigram Allen, who then conveyed it to Robert (Reg. No. 86 book 94).(43)
In the Herald, July 16, 1851, Robert Henderson, publican, 54, is listed as a witness in a case of disputed land in George Street, Sydney.(44)
The Henderson box revealed a great deal of official correspondence concerning another case involving Robert- he seems to have been involved in them continuously- this case involved William Perkins. There are complicated statements of account involving everyday expenses of members of the Mossman family and a house in York Street, Sydney. Mr. Perkins claimed that Robert owed him money for rent, Robert counter-claimed the household expenses from 1843 onwards. There is an affidavit from Her Majesty’s Consul California regarding the sworn statement of Perkins that solicitors Gilchrist, Watts & Co.. had power of attorney to collect money due to him by Robert, dated October 11, 1864, also a certified photograph of Mr. Perkins. There is a similar document relating to John Oakes and a covering letter from Gilchrist, Watt & Co. To Robert’s solicitors Norton, Smith & Co. Concerning these depositions.(45)
Robert was also a trustee for the settlement of the McMahon Estate, and further dispute arose concerning this settlement. Robert’s eldest grand-daughter Catherine Hargraves Henderson died at age 13 from phthisis in 1866 and his daughter-in-law Hannah was also ailing. The following document resulted:
Sydney, 17th September, 1867.
The undersigned hereby agree to allow my daughter-in-law, Mrs. Hannah Henderson, the sum of ten (or two-can’t quite read it) pounds per week for her natural life, subject only to good conduct on her part. And should the said Hannah Henderson as aforesaid, survive me, then I make the conditions herein obligatory on my heirs, executors, administrators or assigns.
Mrs. Hannah Henderson Robert Henderson Witness: E.H. Hargraves

Memo: At the mutual request of both parties, I agree to hold this memorandum of agreement. Sydney 17.9.1867 E.H.Hargraves.(46)

At that stage, Hannah had the care and upkeep of Adelaide and Robert Francis to cope with. Hannah died, also of phthisis, on July 16, 1868- before Robert. Catherine took over the care of the two children and put them in boarding schools. Only five months later Catherine died on December 29, 1868, at age 68. Early in 1869, Robert had a large stone wall built around the family burial ground at Veteran Hall and an engraved plaque affixed to the wall. It reads:
This land, enclosed by wall of stone, willed by me to the dead, who sleep within its walls, during eternity. Robert Henderson , Brisbane Water, 1868.
It has always been said in our family that Robert left a strip of land, the same width as the burial ground, right down to the waterfront, as access to the burial ground, but there is no such specific provision in his will and the cemetery is fenced on the water side. Lately, the Historical Society has made improvements to the gates and grounds, and have endeavoured to restore some order to tombstones wrecked by people who broke them to obtain lead for use as fishing sinkers. It was always said that Robert had the stone wall erected in a fit of revulsion from hearing of a burial nearby, where wild pigs had uprooted the coffin.
Later, in the same year as he dedicated the cemetery, Robert died on November 11, 1869, and is buried in Veteran Hall cemetery. The Gosford Times, speaking about the cemetery says: The small plot of land thus dedicated formed part of the original Henderson estate, a considerable area which probably included Mount Pleasant, as well as the settlement now known as Saratoga. It is a restful spot on the eastern slope overlooking Brisbane Water. Robert Henderson was styled District Constable and was probably the earliest settler in the locality. (47)
The article says that Robert’s headstone says that he was 82 when he died; but it actually states 73, which is correct.
Robert’s certificate states that he died at Veteran Hall on 11.11.1869, aged 73, of cancer of the face, and that his father’s name was Robert (it was Thomas) and his mother’s name was unknown (Margaret) and that there was only one child, Robert Geary Henderson 37, living.(48)
At that time, Thomas was alive. Robert’s will was admitted to Probate (no.1 3012 8382). As it gave rise to so much litigation, I quote it in full:

Robert Henderson’s will:-

This is the last will and testament of me Robert Henderson formerly of the Dove Inn Erskine Street in the City of Sydney but now of Veteran Hall Brisbane Water in the Colony of New South Wales I bequeath all my personal estate and effects unto my son Robert Geary Henderson his executors administrators and assigns absolutely and for ever I appoint my Friends William Speer of Sydney aforesaid Commission Agent and Henry Clarke of Sydney aforesaid Commission Agent Trustees and Executors of this my will I devise all my real estate each and to the use of my said Trustees their heirs and assigns Upon the trusts hereinafter declared that is to say As to all that land being parts of lots four and five of the Phoenix Wharf property conveyed to me by George Allen by deed dated the twentyninth day of June one thousand eight hundred and sixty five with all buildings now erected thereon And also all those land situated at Brisbane Water in the County of Northumberland in the colony of New South Wales consisting of fifty acres granted by the Crown to me on the eighth day of April one thousand eight hundred thirty four and one hundred acres granted to me on the fourteenth day of December one thousand eight hundred and forty and called in the Deed of Grant Veteran Hall but reserving thereout half an acre or thereabouts lying in or about the centre thereof and containing the graves of my late wife and several of my relatives and connections and which land I intend to surround with a stone wall for perpetual use as a burial place for myself and my family Upon trust during the life of my said son Robert Geary Henderson or until his estate shall be brought under the operation of any law now or hereafter to be in force for the relief of Insolvent debtors or until he shall sell mortgage or otherwise dispose of or attempt to sell mortgage or otherwise attempt to dispose of his interest in the said lands or until his interest therein shall be levied on under any judgement to be obtained against the said Robert Geary Henderson to permit him to use occupy and enjoy the same or to pay him the rents and annual profits thereof as the same shall become due and to permit him to receive the same without power of anticipation and from and immediately after the death of my said son or the sooner determination of his interest in the said lands by the happening of any of the events aforesaid UPON TRUST for Robert Frederick Henderson and Patrick Binn Henderson the children of my said son by his present wife and for all other children of my said son hereafter to be born their heirs and assigns for ever in equal proportions But if any of my said son shall die without the said Robert Frederick Henderson and Patrick Binn Henderson or either of them or any other children hereafter to be born him surviving or if all such children shall die under the age of twenty one years Then upon trust for each person or persons as my said son shall by will appoint and in default of such appointment Upon trust for by granddaughter Madeline Mary Geary Henderson called also Adelaide Mary Geary Henderson the daughter of my said son Robert Geary Henderson her heirs and assigns for ever AS to my land and premises situate in Erskine Street in the City of Sydney aforesaid with the wharf and the buildings thereon now known as the Bethel Chapel Upon trust during the life of my son Thomas Henderson or until his estate shall be brought under the operation of any law now or hereinafter to be in force for the relief of Insolvent Debtors or until he shall sell mortgage or otherwise dispose of his interest in the said land or until his interest therein shall be levied on under any judgement to be obtained against the said Thomas Henderson to pay to the said Thomas Henderson the rents and annual profits of the said land and premises as the same shall become due or to permit him to receive the same without power of anticipation And from and immediately after the death of the said Thomas Henderson or the sooner determination of his interest of the said premises by the said happenings of any of the events aforesaid Upon trust for all the children of the said Thomas Henderson who shall attain the age of twenty one year or die under that age leaving issue and for their his or her heirs and assigns for ever in equal proportions but if there shall be no such child then Upon trust for such person or persons as the said Thomas Henderson shall by Will appoint and in default of such appointment Upon trust for my said son Robert Geary Henderson and my said granddaughter Adelaide Mary Geary Henderson their heirs and assigns forever in equal proportions As to all that land situated in the City of Sydney in the Colony aforesaid on which stands the Dove Inn with other buildings and which is bounded on the east by Sussex Street on the north by Albert Street on the west by Torrens property and on the south by Erskine Street aforesaid Upon trust during the minority of my said granddaughter Adelaide Mary Geary Henderson to pay and apply the rents and annual proceeds thereof for or towards her maintenance education or advancement in life And from and after her attaining the age of twenty one years Upon trust to pay the said rents and annual proceeds as the same shall be received each such person or persons as my said Granddaughter from time to time by writing notwithstanding coverture but without power of anticipation shall direct or appoint and in default of such appointment into her own hands for her separate use free from the debts control or engagements of any husband with whom she may intermarry And from and after the death of my said granddaughter Upon trust to stand seized of the said land and premises for all the children of my said granddaughter who shall attain the age of twenty -one years or die under that age leaving issue and for their his or hers heirs and assigns for ever but if there shall be no such child then Upon trust for each person or persons as my said granddaughter shall by Will notwithstanding coverture appoint and in default of such appointment Upon trust for my said son Robert Geary Henderson his heirs and assigns for ever And as to all those three hundred acres of land now known as Culcorcan situated in the District of Brisbane Water in the County of Northumberland in the Colony of New South Wales granted by the Crown to me by Deed dated the thirtieth day of March One thousand eight hundred and forty And also all those one hundred acres of land situated at Cockle Creek Brisbane Water in the County of Northumberland aforesaid granted by the Crown to me by Deed dated the thirtieth day of September One thousand eight hundred and thirty nine And also my three allotments of land at Gosford Brisbane Water in the County of Northumberland aforesaid granted by the Crown to me on the thirteenth day of April One thousand eight hundred and forty and And also all those eighty acres of land known as Jeremiah Bryant’s Grant situated at Pittwater in the County of Cumberland aforesaid grant by the Crown to Jeremiah Bryant by Deed dated the fourth (?) day of July One thousand eight hundred and thirty three And as to all that land being Lot Three of the Phoenix wharf property conveyed to me by the said George Allen by deed dated the fifteenth day of May One thousand eight hundred and sixty five with the Clarence Hotel erected thereon And also all other my real estate not hereinbefore mentioned Upon Trust during the minority of my grandson Robert Francis Geary Henderson the son of the said Robert Geary Henderson to pay and apply the rents and annual proceeds thereof for or towards his maintenance education or advancement in life And from and after attaining the age of twenty one years Upon Trust for my said grandson his heirs and assigns for ever but if my said grandson shall depart this life under the age of twenty one years leaving issue then Upon Trust for all the children of my said grandson who shall attain the age of twenty one years or die under that age leaving issue and for their his or her heirs and assigns for ever BUT if there shall be no such child then Upon Trust for my said granddaughter Adelaide Mary Geary Henderson her heirs and assigns for ever And I declare that it shall be lawful for the Trustees or Trustee for the time being of this my will from time to time to demise or lease any part of the Real Estate devised to them for any term or number of years and in such conditions as they or he may think proper I appoint the said Trustees and the survivor of them guardians and guardian of my said grandchildren hereinbefore named And I declare that the Trustees hereby appoint or any future Trustees shall not be accountable the one for the other or others of them nor for the signing of receipts for the sake of conformity nor for involuntary losses And that it shall be lawful for them to reimburse themselves respectively all costs charges and expenses which they may respectively sustain incur or be put to in discharging the trusts of this my Will or otherwise in relation to my estate Provided always And I Declare that if the Trustees hereby appointed or to be appointed as hereinafter is mentioned or any or either of them or any other Trustees or Trustee for the time being of this my Will shall die or desire to be discharged from the trusts hereby reposed in them or him or shall become incapable of acting therein or shall depart from the Colony of New South Wales it shall be lawful for the Trustees or Trustee for the time being of this my Will or the executors or administrators of the last surviving or continuing trustee by writing under their or his hand or hands from time to time to appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying desiring to be discharged or becoming incapable of acting or departing from the said Colony as aforesaid And thereupon the trust estates shall be vested in such new trustee or trustees as occasion shall require And such new trustees or trustee shall have the same powers in all respects as if he or they had been appointed Trustees of this my Will Lastly I revoke all wills by me at any time heretofore made IN WITNESS whereof I have to each sheet of this my will contained in five sheets of paper set by hand this twentieth day of April One thousand eight hundred and sixty nine. Signed and Declared by the said testator Robert Henderson as and for his last Will and Testament in the presence of us present at the same time who in his presence at his request and in the presence of each other herewith subscribed our names as witness.
James Norton, Solicitor, Sydney; James A. Tetner, his Clerk.(49)

About the Will

This will gave rise to a number of Court cases, as a dispute arose concerning the rights of the many children. Legitimate and illegitimate, of Robert’s son, Robert Geary Henderson. A family story goes that Robert disowned his son, yet at the time of his father’s death, he was living at Veteran Hall homestead with his second wife and arranged his father’s funeral. And Robert made provision for him in his will.
Robert had a remarkable life, full of hard work, wheeling and dealing in land, as well as his shipping and hotel interests. He was a real bush lawyer and made the most of the opportunities of his times, when the whole Colony was expanding rapidly. The more I investigated his life, the more I admired him. He cared deeply for his family and was ahead of his time in wishing his granddaughter to have an independent income. He also worked for the expansion of the Colony. At Saratoga, there is still Henderson Road and the Henderson Wharf, as well as Veteran Hall cemetery, to act as pointers to his life, and of course, many descendants throughout the State.

1.T.D. Mutch Index 1787/1814 A-COU- Mitchell Library
2.The Pioneer Register (containing Genealogical details of a hundred pioneers, their children and grandchildren Vol 111 Smee- Mitchell Ref.4, Q.A. 929.2.11
3.1806 census- reel 1302- National Library
4.Index to Sydney Gazette 1803/1824- Mitchell Library
5.A 5360 Primary Sources Henderson box- Mitchell Library
6.And T.D. Mutch Index 1815/1957 HEA/JOH- Mitchell Library
7.Index to Sydney Gazette 1803/1824- Mitchell Library.
8.Index to Miscellaneous correspondence, Colonial Secretary State Archives.
9.Historical Monograph No. 4 Brisbane Water by Wyong Historical Society.
10.Index to Colonial Secretary Misc. Correspondence-State Archives.
11.Index to Colonial Secretary Misc. Correspondence- State Archives.
12.Gosford Times anniversary issue 29/11/1946.
13.Colonial Secretary’s Misc. Correspondence Index- State Archives.
14.1829 Brisbane Water census.
15.Court of Claims cases - Mitchell Library.
16.A 5360 Primary Sources Henderson box- Mitchell Library.
17.Court of Claims cases- Mitchell Library.
18.T.D. Mutch Index 1815/1957 HEA/JOH- Mitchell Library.
19.City of Sydney Directories 1833/4/5- State Archives.
20.Col. Secretary’s Misc. Correspondence Index- State Archives.
21.Col. Secretary’s Misc. Correspondence Index- State Archives.
22.Col. Secretary’s Misc. Correspondence Index- State Archives.
23.Index to Australian 1824/1842- Mitchell Library.
24.Index to Sydney Gazette 1803/26- Mitchell Library.
25.List of Publicans’ Licences- State Archives.
26.A 5360 Primary Sources Henderson box- Mitchell Library.
27.Index to Sydney Morning Herald 1842 onwards- Mitchell Library.
28.A 5360 Primary Sources Henderson box- Mitchell Library.
29.Court of Claims case no. 641- Mitchell Library.
30.A 5360 Primary Sources Henderson box- Mitchell Library.
31.Wyong Shire Historical Society Monograph 4, p.23.
32.Index to Sydney Morning Herald 1842 on- Mitchell Library.
33.Index to the Australian 1824/1842- Mitchell Library.
34.Index to Sydney Morning Herald 1842 on- Mitchell Library.
35.Index to Sydney Morning Herald 1842 on- Mitchell Library.
36.Index to Sydney Morning Herald 1842 on- Mitchell Library.
37.City of Sydney Directories 1844/45- State Archives.
38.Index to Sydney Morning Herald 1842 on- Mitchell Library.
39.Index to Sydney Morning Herald 1842 on- Mitchell Library.
40.List of Publicans’ Licences- State Archives.
41.Index to Sydney Morning Herald 1842 on- Mitchell Library.
42.Index to Sydney Morning Herald 1842 on-Mitchell Library.
43.A 5360 Primary Sources Henderson box- Mitchell Library.
44.Index to Sydney Morning Herald 1842 on- Mitchell Library.
45.A 5360 Primary Sources Henderson box- Mitchell Library.
46.A 5360 Primary Sources Henderson box- Mitchell Library.
47.Gosford Times Anniversary issue 29/11/1946.
48.Births, Deaths and Marriages- Registrar’s certificate.
49.Probate Division, Supreme Court of N.S.W.

Thanks to Joan Taylor

These facts about Robert Henderson have been re-typed by me from Joan Taylor’s original pages, for the purpose of having them placed on the website to enable easy copying to any person interested in our family tree, and in particular these invaluable records obtained by Joan over years of painstaking research, which I believe she has undertaken since the year 1943.