The trust that broke a family?

The Darling Harbour properties Click to enlarge
Red is Thomas's trust, blue is Robert III's,
green is Robert Jr's and yellow Madeline's.

Robert Henderson was a rather colourful character in the Colonial history of New South Wales. Born in Parramatta in 1796 to convict parents, Robert and his wife, Catherine nee Geary were land owners, ship-builders, merchant traders and hotel keepers. Robert also gained some notoriety as 'Bob the Smuggler' after a landmark smuggling incident in Broken Bay in 1842 (see my 2022 post about Bob the Smuggler). But apart from his smuggling, Robert was by all reports well respected in the community.

They were married for 15 years before their first child, Robert Geary Henderson was born in 1832. A second son, Thomas Henderson, followed several years later.

By the time they retired in the mid-1860's the Hendersons had accumulated at least six separate properties in Darling Harbour, and over 700 acres of land across six properties at Pittwater and Brisbane Water.

While Robert and Catherine were hard-working and well respected in their community, they must have been disappointed in their two sons who were both of unreliable temperament and prone to womanising and drinking. Robert Jr had married in 1852 and started a family, but within six years, deserted his wife and three children and started a second family with another woman. Meanwhile, the second son, Thomas, fathered a child with his sister-in-law and refused t do anything to support the girl or her child.

After his wife Catherine died in 1868, Robert Sr devised a will that he hoped would protect the family fortune from his wastrel sons. He devised four trusts that would see the property holdings preserved, but provide income for the family members. The four trusts were one each for his sons, Robert Jr and Thomas and one each for Robert Jr's surviving children, Madeline and Robert III.

If you are getting confused by the Roberts, there are actually four:

• Robert Henderson 1796–1869
•  Robert Geary Henderson 1832–1906, Robert's son so Robert Jr
• Robert Francis Geary Henderson 1856–1930 Robert Jr's first son.
• Robert Frederick Henderson 1860–1941 Robert Jr's second son!

I usually just give their full names, but that can get very clumsy, so you have to pay attention. What ever possessed the bloke to name TWO sons after himself. He had confused historians ever since. 

But back to the trusts. Each trust contained a parcel of properties to be kept in trust for the lifetime of the beneficiary, then for their children. There were quite complex provisions for where someone died with no children and no will, but that never eventuated, so we will ignore that. The two trusts set up for the children specified that the income from the properties was to be paid towards their maintenance education or advancement in life. Once they attained the age of 21, they were able to receive any income or profits directly for their own benefit.

The executors and trustees were Robert's friends, William Speer and Henry Clark.

The first trust was for Robert Geary Henderson. 

It contained a property in Darling Harbour and the main family estate at current-day Saratoga:

• Lots 4 and 5 of Phoenix Wharf - in Darling Harbour.
• A 100 acre property at Brisbane water known as 'Veteran Hall'. This is where Robert Sr was living when he died.
• 50 acres adjoining Veteran Hall to the west.
• 100 acres adjoining Veteran Hall to the south-east

Robert Jr was entitled to occupy and receive any income from these properties for his life. The will names his two sons by his second marriage, Robert Frederick Henderson and Patrick Bin Henderson as beneficiaries after their father's death, but also allowed for any future children to share the trust.

Read my post about Robert Geary Henderson's trust

The second trust was for Madeline Geary Henderson

Madeline was the eldest surviving daughter of Robert Jr from his first marriage. She was 14 when her grandfather died.

This trust contained: 

• The Dove Inn on the corner of Erskine and Sussex Streets at Darling Harbour.
• A row of houses in Sussex Street, running north from the Dove Inn
• These properties probably included a wharf at the end of the row of houses.

Read my post about Madeline's trust

The third trust was for Thomas Henderson

Thomas was the second son of Robert Sr. This trust contained a single property.

• The property known as the Bethel Chapel.

Read my post about Thomas's trust

The fourth trust was for Robert Francis Geary Henderson

Robert Francis was Madeline's younger brother and he was 13 when his grandfather died. This Trust contained:

• Lot 3 of Phoenix Wharf at Darling Harbour, including the Clarence Hotel.
• 80 acres at Pittwater, known as Bryant's Grant.
• 100 acres fronting Cockle Creek (Kincumber Broadwater) at Brisbane Water.
• 300 acres at Brisbane Water known as Culcorin.
• Three adjoining town allotments in Holden Street Gosford (1.5 acres total).

Read my post about Robert Francis Geary Henderson's trust

It is worth noting that while the sons, Robert Jr and Thomas grew up and worked in their parents hotels, the two hotels in Robert Sr's estate were left to the grandchildren and not to the sons. That is probably down to the reputation that the sons had for drinking the profits.

I will look at what happened in each of these trusts in subsequent posts, but the upshot is that they caused considerable unrest in some parts of the family. Two of Robert Sr's grandchildren were made independently wealthy by their trusts, while others had to wait for their father to die, before getting a much smaller share than their older half-siblings. There were feelings of injustice and friction between family members and as a result there were divisions in the family that were never healed.

If Robert Henderson Sn's intention was to preserve his estate for posterity, and avoid it being lost by his wastrel sons, he was not entirely successful. The property in trusts for both of his sons were mostly lost to the family. 

But Robert was successful in ensuring that his eldest grandchildren were properly cared-for and that they were given the best opportunity for a good life.