Robert Geary Henderson trust

The three Brisbane water properties included
in Robert's trust

This is the story of the property trust established by Robert Henderson for his eldest son, Robert Geary Henderson.  Read my earlier post for the background to the trust.

Robert Geary Henderson was born at Brisbane Water in 1832, the first child of Robert and Catherine Henderson.  Robert proved to be a man of unreliable temperament and he drank too much. In 1858 he deserted his wife and three children in Sydney and ran away to Woy Woy with another woman. 

The Robert Geary Henderson Trust was established under his father's will, quite possibly to ensure that Robert was able to live comfortably, but not waste the assets that had been accumulated by his father.

Robert Henderson Sr died in 1869. Robert Jr was living at Brisbane Water with his second wife, Elizabeth and two sons, Robert Frederick Henderson and Patrick Bin Henderson. The two boys had been born before the couple married, but were named in their grandfather's will, making them legitimate heirs. The trust established in Robert Sr's will was four properties:

• Lots 4 and 5 Phoenix Wharf at Darling Harbour (see map in earlier post). This property was on the corner of Erskine and Shelley Street,
• 100 acres at Brisbane Water known as 'Veteran Hall', Portion 26 Parish of Kincumber.
• 50 acres adjoining Veteran Hall to the west, Portion 71.
• 100 acres to the south east of Veteran Hall, Portion 116.

The properties were in trust for Robert's lifetime, but he was able to occupy the properties and to receive any rents etc. He was not allowed to sell or transfer the properties and there were clauses that would terminate the trust under certain circumstances. On termination of the trust, presumably by Robert's death, the property was to be divided between Robert Frederick Henderson, Patrick Bin Henderson and any future children.

After the activation of the trust, two more boys were born. Herbert Geary Henderson was born in 1870 and Charles Arthur Henderson was born in 1872.

In 1877, the Trustees leased the Phoenix Wharf property for 30 years, for a yearly rent of £104 per year. remembering that Robert also had the use of 250 acres of land at Brisbane Water, this was a substantial income, about 160% of the average average annual wage for the time.

Robert's second wife, Elizabeth, died in 1885, but Robert immediately formed a new relationship with Gertrude Stretton and more children soon followed. Florence (also known as Kathleen) was born in 1886, Kenneth in 1890 and Nellie in 1893. Robert and Gertrude finally married in 1869, after Nellie's birth.

The first hint of problems was in 1888 when Robert Frederick Henderson mortgaged his interest in the trust to Robert Malcolm, who later transferred it to James Malcolm. It seems that he did not repay the mortgage, and Malcolm owned Robert Frederick's share from this point.

In a similar vein, in 1893, Patrick and Herbert tried to sell their share of the trust to Joseph O'Brien.

Then in 1895, under and order of the Sheriff, Robert Geary Henderson's life interest in the trust was sold at public auction, seemingly to recover debts. This interest was purchased by Robert Miller.

Charles Henderson then approached the Trustees to see if he should be receiving a share of the income from the trust. The trustees were perplexed and asked the Equity Court to clarify who was entitled to the income from the trust. It took the Court almost three years to resolve. The Court eventually ruled that Robert's life interest was terminated and that any income from the trust was to be shared by James Malcolm (Robert Frederick's share),  Patrick, Herbert and Charles. Florence, Kenneth and Nellie were not entitled under the laws of the time, because they were illegitimate. The sale of rights to Joseph O'Brien were ruled invalid and Patrick and Herbert were ordered to pay him £50 each in compensation.

The Court case proved to be the last straw for the trustees and a final decree from the Court transferred the trusteeship to The Permanent Trustee Company Ltd, a private trust management company. 

Importantly, the Court ruled that the same four parties were entitled to an absolute share of the properties on the death of Robert Geary Henderson, but any future born children would have an equal share of both the income and the absolute property.

Soon after the Court decision, Robert and Gertrude had another child, named Archie, born in 1897, followed by Cora in 1899. This added two more to the list of people who would share in the trust. Sadly Cora died at 6 months old, but her entitlement remained.

In 1900, the Colonial Government resumed the Darling Harbour property. The compensation of over £7,000 was paid in 1903. Once again the Courts were involved, because Robert was still alive and any yet-to-be-born children were entitled to a share of the property. So the proceeds were paid into another trust fund, to be distributed after Robert's death.

Patrick, Charles and Herbert had now accumulated substantial Court costs from two cases and they each sold any future interest in the trust to Eva Hordern. They may have enjoyed a small cash benefit after the costs were paid, but it would not have been much.

Robert Geary Henderson finally died in 1907. The Equity Court had to receive special medical evidence that there would be no more children. The trust fund from the property resumptions was then distributed in six equal shares, estimated at £1,175 each.

The three Brisbane Water properties were sold at auction, generating a further £1,816. Assuming these were fully distributed in the same shares, each share would have been about £1,500, or about two years annual earnings. Remembering that James Malcolm and Eva Hordern would have received four of the shares! And Cora's share was somehow under mortgage, so the only share that I believe stayed in the family was placed into trust until 10-year-old Archie Henderson reached the age of 21.

I can find no trace of Herbert or Charles after their 1903 sale of their inheritance. Patrick's family tell that he was so upset by the whole saga that he changed his surname to McDonald for many years. Perhaps Herbert and Charles did the same and changed their name.

Robert Frederick moved with Gertrude and her children to live out their lives in Nowra. Kathleen was a somewhat delinquent child before settling down and raising a family in Sydney. Kenneth and Archie never married. Nellie became a nun.

The only known descendants of Robert Geary Henderson's second and third families are the children of Patrick and Kathleen.

Robert Henderson Sr probably created this trust to prevent his wastrel son from spending the family fortune. It seems that his fears were justified, and I think he would have been extremely disappointed by the outcome.