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.
© Joan Taylor 2000