Hon Robert FITZGERALD of Sydney M.L.C. [1533]

  General Notes:

Robert on the death of his father Richard Fitzgerald inherited all his vast properties of Dabee at Rylstone, Tongy at Cassilis and Wollar at Mudgee. He also managed Mrs Macquarrie's affairs on a property of 2,200 acres granted to her near Dabee. He added to the above properties between 1837 and 1860 another 2947 acres to Wollar, 2706 acres to Dabee and 341 acres to Tongy. (copies of these deeds are in the Land Titles Office in Sydney)

In 1845 he became the first President of the Agriculture Association and also a Trustee of the Hawksbury Benevolent Society from 1841-1865 and President from 1848-1854. In 1849 he was elected to the Cumberland County and in 1856 he was elected to the Legislative Council and served until his death nine years later.
In the book CONVICT SOCIETY AND ITS ENEMIES by J.H. Hirst - page 213 - "March 1830 Elections to Cumberland County. Robert Fitzgerald, son of a convict. Careers like his fathers were not featured in the histories of transportation which were now being offered in the Colony. He brought money with him, was put in charge of public farming in the 1790's and later held other responsible Government positions, received several land grants and left his son a very wealthy man" In 1849 with the arrival of the "Hashemy" 212 convicts were sent by Governor Fitzroy to be "under the engagement of Mr Fitzgerald, Mr Lawson and others". [Ref: J.H.Heaton, Australian Dictionary of Dates, page 72.]

Robert improved the size of his properites that he had already inherited by acquiring Yaraman Station near Black Creek, Liverpool Plains, 20,000 acres. Midkin Station which occupied 400sq. miles in the Gwyder district and Burgorah which was 32,000 acres on the Balonne in the Maranoa district of Queensland. His wool clip for l844 was conveyed on 12 large wagons each drawn by 6 horses and estimated to be valued at 5000 pounds (money).
[Ref: Hawksbury Courier 13th January 1845 and 5th November 1846.]

On 8th October 1864 Robert was married to Charlotte Bennett at St. James' Sydney by the Rev. Robert Allwood in the presence of James McCabe and Sarah Bitton. Charlotte was a widow, aged 38 years, (born circa 1826) and was the daughter of John Prior, who was a Customs House Officer. In 1864 she had 1 son living and 1 son deceased. She died in St. Vincents Hospital, Sydney on 16th Jun e 1872 at the age of 46 - cause of death being "disease of the heart", having been ill for about 19 days. She was born in London and had only been in the Colony about 18 years before her death. She was buried on 18th June 1872 in the Roman Catholic Cemetery Necropolis by the Rev. Thurlow. Robert died on 9th May 1865, at the age of 58 and is buried in St. Matthew's Churchyard, Windsor NSW.

He left Dabee and Tongy to his illegitamate son, Robert Marsden Fitzgerald. Dabee is 5 miles east of Rylstone and was a property of 16,000 acres. Tongy is near the village of Uarbry which is NE of Dunedoo and was 34,115 acres. The original Homestead and Woolshed at Dabee still stand and in use, and thought to have been built in the 1820's. The present size of Dabee is about 6000 acres. (1991) He also owned a house in Windsor and a residence at Darlinghurst (now King's Cross) called "Springfield" where he died, the cause of death being given as Paralysis. NOTE: According to his death certificate he had 1 boy, 5 girls living at his death and 2 boys and 2 girls dec'd, which makes 10.
I can only find reference to 9!
REFERENCES:
1. No 5169 Vol 1 Film 5001 baptisms
2. No 64-718 marriages
3. No 72-811 deaths
4. No 65-492 deaths

The Will of Robert Fitzgerald (No, 6429 46 Folios)
14 May 1863.
This is the last Will and Testament of me Robert Fitzgerald of Sydney in the Colony of New South Wales Esquire I appoint my son Robert Marsden Fitzgerald and my daughter Elizabeth Rouse Fitzgerald executor and executrix and Trustees of this my Will and I appoint the said Robert Marsden Fitzgerald during his life and after his( de?) Trustees or Trustee for the time being of this my Will guardians and guardian of my children during their respective minorities I devise and bequeath all my lands tenements and hereditaments in the County of Cumberland in the Colony aforesaid and all my cattle and other live stock depasturing or being upon any such lands and my stock and shares in the Bank of New South Wales and the Commercial Bank and the Richmond Bridge Company and all or any mortgage securities or security held by me upon land in the said County of Cumberland unto the said Robert Marsden Fitzgerald and Elizabeth Rouse Fitzgerald (hereinafter designated my said Trustees) their heirs executors administrators and assigns Upon the trust and for the intents and purposes hereinafter declared that is to say As to the buildings and hereditaments known as the Prince of Wales Theatre in the City of Sydney with all and singular the appurtenances thereto belonging and all the property movable and immovable in and about the same and as to my shares in the Commercial Bank and the Bank of New South Wales respectively Upon trust to pay the rents profits dividends interest and produce thereof unto and equally between and among my daughters Adelaide Fitzgerald Elizabeth Rouse Fitzgerald Henrietta Fitzgerald Emily Fitzgerald and Lucy Fitzgerald during their respective lives the same to be for their separate and inalienable use during any coverture And on the death of each of my said daughters without leaving lawful issue her surviving Upon trust to pay the said rents profits dividends interest and produce to the survivors or survivor of them for their or her respective lives or life And upon the death of each of my said daughters who shall die leaving issue her surviving I devise her share or shares of the said last mentioned hereditaments (that is to say her original share being one undivided fifth part thereof and the share or shares of any of her sisters which I direct shall accrue to her upon the death of such last mentioned sisters without leaving issue) unto the child if only one or the children if more than one of each such daughter if more than in equal shares as tenants in common in fee And as to the capital of my last mentioned trust estate which consists of personality I direct that my said Trustees shall hold the same Upon trust as to the share or shares of each of my said daughters who shall die leaving issue as well original as accruing to her (which accruer upon the death of any of her sisters without leaving lawful issue I hereby direct) to transfer such share or shares of the said trust funds and premises unto the child if only one or the children if more than one of each such daughter in equal shares as tenants in common the share of each of my Grand children to be a vested interest upon his or her attaining the age of twenty one years as to sons or upon attaining that age or marriage as to daughters And as to the residue of my property in the County of Cumberland hereinbefore devised I direct the following appropriation that is to say As to all my land at the Chain of Ponds near Windsor All my land at Blacktown on both sides of the Richmond Road My public house and ground at the Windsor Road near Rouse Hill now in the occupation of John Ratallick All my land and houses at Baulkham Hills now in the occupation of Messieurs James and Barker My houses in King Street in the City of Sydney nor or late in occupation of Mr. A Hirschbaum and Mrs. Doyle My shop and premises in Castlereagh Street in the City of Sydney at present occupied by Henry Pritchard as an oyster shop and My messuage and premises in Castlereagh Street aforesaid now occupied as a public house by Mr. Barkhausen I direct that the same shall be held by my said Trustees accruing the life of my daughter Adelaide Fitzgerald Upon trust to pay to her during her life the rents and profits of the said hereditaments the same to be received by her for her separate and inalienable use during any coverture and upon the decease of my said daughter I devise the same unto her child if only one or her children if more than one in equal shares as tenants in common in fee with cross executory devises between them so that in the event of any of them dying under the age of twenty one years without leaving issue the same hereditaments may go to the others as tenants in common or the other of them in fee simple But in the event my said daughter dying without issue or of the foregoing limitations subsequent to her death failing of effect I devise the said hereditaments unto the survivors or survivor of my said other daughters or such of the issue as at the time of the death of my said daughter Adelaide or such general failure of her issue shall be then living in equal shares if more than one as tenants in common As to the following lands and hereditaments that is to say my farm and lands called Mamre near the township of St Marys South Creek and all stock depasturing or being thereon at the time of my decease (subject nevertheless to the right which I grant hereby to my residuary devise and legatee for the time being of using free of all charge the paddocks attached to the said farm for the purpose of depasturing stock on their way to market in the same manner as that in which I have heretofore and am now in the habit of using them) My messuage and premises in George Street in the City of Sydney now under Lease to Mr. Jones (Jeweler) The messuage and premises in Castlereagh Street in the City of Sydney now occupied by Mr. Bones (baker) My house and land at Darlinghurst near Sydney called Springfield except that portion of the land which was purchased by me from Sir William Manning and a plot of building ground in Macleay Street and Victoria Street which respectively adjoins Springfield I direct that the same shall be subject to the same trusts and limitations in favour of my daughter Elizabeth Rouse Fitzgerald as those which are hereinbefore contained in favour of my said daughter Adelaide Fitzgerald I bequeath to the said Elizabeth Rouse Fitzgerald all the household furniture and effects which shall be in or upon my said residence of Springfield at the time of my decease And I bequeath to my said Trustees a mortgage security for one thousand and thirty one pounds five shillings held by me upon lands of Mr. John Perry at Narellan and Penrith Upon trust after redemption thereof to invest the proceeds thereof at Interest upon Government or real securities in New South Wales or in the purchase of Bank shares or otherwise in the discretion of my said Trustees and to pay and apply the yearly produce of the said trust fund and premises and to hold capital thereof Upon trusts corresponding to the tenants of the real estate hereinbefore devised or appropriated to of for the benefit of the said Elizabeth Rouse Fitzgerald to all my lands tenements and hereditaments in the Town if Windsor (excepts the house and premises in the occupation of Captain Black) My farm known as Windsor Farm The house and premises in George Street in the City of Sydney now occupied by Messieurs Jones and Simpson (saddlers) My stone built house in Orwell Street Darlinghurst near Sydney and the land in the said Street purchased by me from Sir William Manning My farm on South Creek known as Fairy Farm and all live stock depasturing or being thereon at the time of my decease The allotment of land in Victoria Street Sydney adjoining my said residence of Springfield And my shares in the Richmond Bridge Company I direct that the same shall be held by my said Trustees upon and subject to the same trusts and limitations in favour of my daughter Henrietta Fitzgerald (or trusts and limitations corresponding therewith as nearly as the circumstances of the case will permit) as those which are hereinbefore contained in favour of my said daughter Adelaide I bequeath to my said daughter Henrietta all the household furniture which shall be in or upon my dwelling house in the town of Windsor at the time of my decease As to my messuage and land at Darlinghurst near Sydney known as Cahors House My farm at Wilberforce near Windsor now occupied by Mr. Nigel My messuage and premises in George Street in the Town of Windsor now occupied by Captain Black My farm at Box Hill adjoining Mr. Terry's My house in William Street Sydney known as the Woolloomooloo Inn now under Lease to Jon Reddy and My farm at Wilberforce now occupied by Mr. Jones I direct that the same shall be subject to the same trusts in favour of my daughter Emily Fitzgerald as those which are herein before contained in favour of my daughter Adelaide As to my house and premises in George Street in the city of Sydney now occupied my Mr. Maddox (bookseller) My house and premises at the corner of Pitt Street and Brougham Place in the City of Sydney now occupied by Mr. Glus (sic) and My house and premises in Castlereagh Street in the city of Sydney now occupied by Mr. Prince and known as the Queens Arms I direct that the same shall be subject to the same trusts and limitations in favour of my daughter Lucy Fitzgerald and those which are hereinbefore declared in favour of my said daughter Adelaide I empower my said Trustees during the minority of any person actually or contingently entitled under the foregoing trusts and limitations to apply such part as they shall think fit of the fund or share to which such person shall be so actually or contingently entitled in or towards the maintenance and education and otherwise for the benefit of the same person And I direct them to accumulate by investments made in their discretion the unapplied surplus if any of such income And I declare that the accumulations thereof shall be liable to be in like manner applied but subject to such liability shall be added as capital to the fund or share whence the same shall have arisen And I empower my said Trustees during the minority of any of my daughters in their discretion and after such daughter shall attain the age of twenty one years or marry with her consent and after the death of each such daughter and during the minority of any person entitled under the foregoing limitation in their like discretion to grant leases of my lands and hereditaments hereinbefore devised or any part thereof for such term at such rent and subject to such conditions as may appear expedient And also to manage and direct all the affairs and concerns of my said real land personal estate as far as regards the share and interest or respective shares and interests of any monies of minors in such manner as my said Trustees shall in their discretion deem most beneficial to such minor or minors And in the event of a general failure if issue of my said daughters I direct that my real and personal estate hereinbefore devised and bequeathed shall sink into and become portion of my residuary real and personal estate hereinafter devised and bequeather And as to all the residue of my real and personal estate whatsoever and wheresoever I give devise and bequeath the same unto the Said Robert Marsden Fitzgerald absolutely But in the event of the said Robert Marsden Fitzgerald dying intestate and unmarried I devise and bequeath my said residuary real and personal estate in equal shares upon the trusts and under and subject to the limitations of my real and personal estate hereinbefore devised and bequeathed to or for the benefit of each of my said daughters And in the Event of a general failure of issue of all my children I devise and bequeath all my real and personal estate then surviving relatives within the - degree of kindred I empower my said Trustees to give effectual discharge for all monies paid to them as such Trustees I devise to my said Trustees all the real estate which shall at my decease be vested in me as mortgagee or tenants subject to the equities affecting the same respectively I declare that if my Trustees hereinbefore named or either of them shall die in my lifetime or if they or either of them or any trustees or trustee to be appointed under this clause shall after my death die or be unwilling or incompetent or unfit to accept or execute the trusts of my Will or desire to retire from the office it shall be lawful for the competent accepting trustees or trustee for the time being if any whether retiring from office of Trustee or not or if none for the proving executors or executor for the time being or the administrator or administrators for the time being of the last deceased trustee to appoint by any writing under his her or there hand or hands any person or persons in whom alone or as the case may be jointly with any surviving or continuing trustees or trustee estates shall vest or by proper assurances be vested And I declare that the powers and discretions hereinbefore vested in the trustees herein named shall be exercisable by the trustees or trustee for the time being of my Will
In Witness whereof I have hereunder set my hand this fourteenth day of May one thousand eight hundred and sixty three - R. Fitzgerald - signed by the testator and declared by him to be his last Will and Testament in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our name as witnesses - William Sherwin - W.G.Pennington -

THIS IS A CODICIL to the last Will and Testament of me Robert Fitzgerald esquire which will bear the date the fourteenth day of May one thousand eight hundred and sixty three I direct that my debts and funeral and testamentary expenses shall be defrayed out of the income of the shares of my daughters and that the income of each daughter shall contribute a sum not exceeding two hundred pounds per annum until such debts and funeral and testamentary expenses shall be fully liquidated I direct that the devise or appropriation to my daughter Elizabeth of the Springfield property shall be subject to the condition that the same be kept up as a residence for my infant and unmarried daughters until my youngest child shall attain the age of twenty one years and that the housekeeping expenses of the establishment shall be contributed and defrayed by my Trustees in equal proportions out of the income of the shares of my unmarried daughters I direct that my farm and land at Kurrajong shall be added to the appropriation made for my daughter Elizabeth and my farm and land Brisbane Water to that made for my daughter Henrietta I direct that all moneys at my credit in any bank or due to me at the time of my death shall not fall into the residue of my estate but that the amount thereof shall be retained by my residuary legatee for twelve months only from the time of my death and shall then be refunded to my Trustees to be invested by them in their discretion and added in equal proportions as capital to the shares of my daughter I declare that the bequest to my daughter Elizabeth of the stock upon Mamre shall not be held to include any stock that may at that time of my death be temporarily depasturing thereon their way to market I revoke the ultimate devise and bequest over of my estate upon failure of issue of my children And I confirm my said Will in all other respects In witness whereof I have hereunder set my hand this first day of June one thousand eight hundred and sixty three - R. Fitzgerald Signed by the said testator and declared by him to be a Codicil to his last Will and Testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses - Mary Harriet Wells - W.G.Pennington

Robert married Elizabeth Henrietta ROUSE [4833] [MRIN: 498], daughter of Richard ROUSE [7645] and Elizabeth ADAMS [7631], on 11 Mar 1841 in St Matthew Windsor NSW. (Elizabeth Henrietta ROUSE [4833] was born on 20 Dec 1818 in Rouse Hill, Windsor, Nsw, baptised on 12 Jan 1819, died on 26 Mar 1863 in Windsor, N.S.W. and was buried on 29 Mar 1863 in St Matthew Windsor NSW.)

  Noted events in their marriage were:

1. Marriage Certificate: copy on hand, 1841.

Robert next married Charlotte PRIOR [7620] [MRIN: 2551] on 8 Oct 1864 in St. James', King St, Sydney Nsw. (Charlotte PRIOR [7620] was born about 1826 in Limehouse, London. UK, died on 16 Jun 1872 in St.Vincent's Hospital Sydney NSW and was buried on 18 Jun 1872 in Roman Catholic Cemetery Necropolis, Sydney, NSW.)

  Noted events in their marriage were:

1. Marriage Certificate: copy on hand, 1864.

Robert next married Hannah MARSDEN [7618] [MRIN: 2549]. (Hannah MARSDEN [7618] was born on an unknown date and died on an unknown date.)

  Marriage Notes:

Hannah was supposidly called Marsden, with a possible connection to Samuel Marsden - but this is not verified. Her son Robert's second Marsden is presumably taken after his mother.