Australian Royalty: Genealogy of the colony of NSW

The Sydney Gazette reported that William had 'supplied some wheat to the Government Stores.'

In 1823 William sent a Memorial to Governor Brisbane as follows:
'The respectful Memorial of William Fishburn, Landholder of Castle Hill, most humbly sheweth -
That YOur Excellencys Memorialist is a native of this colony, that about eight years ago he married a woman that came free to the colony by whom he had a family of four children.
That Your Excellencys Memorialist received a grant of 60 acres of land, from the late Governor upon which memorialist now resides.
That YOur Excellency's Memorialist has got a few head of cattle which his present gant of land is insifficuent to graze.
Memorialist therefore respectfully addresses your Excellency praying an additional frant.
For which act of generosity Memorialist will ever pray.
Wm. Fishburn, Parramatta 11th October 1823.

Despite a notation from I. Harris, JP that 'I know the above Petitioner and think him a very deserving character', the request was not granted.

William tried again for a further grant of land with the following Memorial:
'The Memorialist of William Fishburn of Castle Hill respectfully sheweth -
The Memorialist is a native of the Colony and a Constable of the District of Castle Hill and a landholder.
That about ten years ago the late Governor Macquarie was pleased to grant Memorialist a farm of sixty acres on which he now resides.
That in consequence of it being extremely bad land, Memorialist is unable to support himself and family thereon. That Memorialist has farmed it in, and has twenty five acres under cultivation.
Memorialist therefore respectfully begs leave to submit the above circumstances to Your Excellency's consideration and earnestly solicits from your Excellency the indulgence fir an additional grant for cultivation.
And Memorialist will ever Pray.
Wm Fishburn.
Parramatta 3 July 1824.
This time William had two character references from Don Martin JP and the Rev. Thomas Hassall who said 'The Petitioner is a man of good character and deserving of indulgence'. However, once again the land was not granted.

William resigned his position as Constable. This was announced in the Sydney Gazette and New South Wales Advertiser on August 18 1825.

The 1828 census lists William as aged 33, born in the Colony, a protestant and a publican and living at Baulkham Hills. His family was listed as Catherine, 32 Years, a protestant and incorrectly states that she was born in the colony. The children, all born in the colony and protestants, were Elizabeth 11, William Jr 8, Ellen 7, Andrew 6, Amelia 5, John 4, Sarah 2 and Ann 9 months.

William had 60 acres, 20 cleared, 20 cultivated, 2 horses and 22 head of cattle.

William's publican's licence was not renewed after 1830.

Approximately 150 people, including William sent a petition to Governor Ralph Darling from Parramatta on 6th Jan 1830 as follows:
'We the undersigned inhabitants of Parramatta and District have heard with the utmost indignation, the daring insult which was on Sunday the 20th ultimo offered your Excellency on your Excellencys leaving Divine Worship at St. James Church Sydney.
We beg leave to assure your Excellency of our hatred of so atrocious an act and deeply lament that any Individual could be found in the Colony to be guilty of so premeditated an outrage.
We beg leave at the same time to congratulate your Excellency on your safe return to our small but loyal town and with the most unfeined wishes for your Excellency's long continuence in the administration of the affairs of this colony and the prosperity of your Excellency and Family.
We beg leave to subscribe ourselves, your Excellency's Faithful and [?] servants...'

This was in response to an incident that took place after the church service mentioned in the petition. An Englishman, John E. Shelley, of about 30, had separated from his wife in England and had come to Sydney. He applied for a land grant to Governor Darling and was refused. Shelley accused Darling of favouritism in his granting of land to others and threatened to kill Darling when he was visiting Parramatta two months prior to the incident related below.

After the church service, Governor Darling was speaking to a small group in the church foyer when Shelley yelled 'You are a damned rascal!' and when ignored, repeated himself to which the Governor commented to the Sheriff and Colonial Secretary'the man is mad'. After Shelley was detained, a carving knife was found hidden under his coat. On being taken to the watch house he was found to have also a 'brace of detonated pistols loaded with ball in his pocket'.

In February the following year, the land grant system was discontinued when the British Government sent instructions known as the Ripon Regulations to Governor Darling stating that all land in New South Wales and Van Dieman's Lands was to be auctioned at a minimum price of 5 shillings per acre.

William was assigned a male convict during 1831 although he had not applied for any. The convict was to assist on his farm at Castle Hill. When he applied for two convicts for the year 1832, he was assigned only one. The extra help was possibly needed for his newly purchased 60 acres on the 19 Oct 1931 which was situated on the bank of the Castle Hill Creek roughly bounded by today's Rosberrt Road and the curve of Kings Road, Kellyville.

'This is the last Will and Testament of me William Fishburn of Castle Hill in the Colony of New South Wales, Farmer.
I revoke all former wills and testamentary dispositions by me at anytime heretofore made.

I give and devise my farm at Baulkham Hills, containing one hundred acres more or less unto and equally between and among the children of my late wife Elizabeth Fishburn namely Elizabeth, the wife of Thomas Tipple Smith, Pricilla, the wife of I.B. Casey, Adelaide, the wife of William Henry Smith, Mary, the wife of R.W. Newman, Jemima, widow of the late ____ McKenny and George Thomas Bean but in case any of them shall predecease me, I give and devise his or her share equally between and among such of his or her children as shall be living at the time of my decease.

And if any of the above named children of my said wife shall predecease me without leaving issue living, I give and devise his or her share equally between the remaining children of my said wife.

I give to my son James Fishburn and his heirs forever Twelve acres of land being a portion of my farm of sixty acres and situated at Castle Hill aforesaid having twenty one rods frontage to the Castle Hill Road bounded on the South by William's farm, on the East by the Castle Hill Road and in the north by his brother John Fishburn's farm.

To my son John Fishburn and his heirs forever, Twelve acres of land and the house and premises erected thereon and situated as aforesaid having eighteen rods frontage to the Castle Hill Road and twenty four rods at the back being bounded on the south by his brother James Fishburn's farm on the east by the Castle Hill Road and in the North by his brother Edward Fishburn's farm.

To my son Edward Fishburn and his heirs forever Twelve acres of land situate as aforesaid having twanty four rods frontage to the Castle Hill Road and eighteen rods at the back beingthe remainder of the frontage of my farm to the Castle Hill Road.

To my son Henry Fishburn and his heirs forever Twelve acres of land situated a aforesaid bounded on the north by Mr John Kentwell's farmand on the south by Mr Williams' farm.

To my daughter Ann Worick the wife of John Worick of Castle Hill aforesaid and their heirs forever Twelve acres of land situated aforesaid bounded on the north by Mr John Kentwell's farm and on the west by Mr James farm.

I give and bequeath to my daughter Elizabeth Moore, the wife of Samuel Moore of Castle Hill aforesaid, the sum of fifty pounds.

To my daughter Amelia James the wife of James James of Castle Hill aforesaid the sum of fifty pounds.

To my daughter Sarah England the wife of Charles England of Sydney aforesaid the sum of fifty pounds.

To my son Andrew Fishburn the sum of twenty five pounds.

To William Henry Smith of Prospect near Parramatta in the said Colony the sum of Twenty Five Pounds and to my said son James Fishburn the sum of Twenty Pounds.

I give and bequeath all horses, cattle, carts, gigs or other vehicles and all harness thereto belonging which may belong to me at the time of my decease to my said sons James Fishburn and Henry Fishburn and my said daughter Ann Worick to be equally divided between them share and share alike.

I give and bequeath the residue of all moneys left in the hands of my Executors after payment of the legacies abovementioned and all my just debts, funeral and Testamentary expenses unto and equally between and among my said sons James Fishburn and Henry Fishburn and my said daughters Ann Worick, Amelia James, Sarah England and Hannah Johnston, the wife of William Johnston of Sydney aforesaid.

I empower my Executors to collect and get in all debts due to me by any person or persons at the time of my decease and to give receipts for the same. And I declare that such receipts shall be good valid and effectual discharge for the same.

And I appoint the said William Henry Smith and James Fishburn Executors of this my will.

In witness whereof I have hereunto set my hand this twenty sixth day of January in the year of our Lord one thousand eight hundred and seventy one.

Wm. Fishburn.

Signed by the said testator as and for his last Will and testament in the presence of us present at the time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses.
Chas. H. Bean
Alfred S. Bean

3 June 1872. This day upon Petition, Probate of the last Will and Testament of William Fishburn decease was granted to William Henry Smith and James Fishburn, the Executors in the said Will named. ??? died the 19th day of April 1872. Goods sworn at (2570/-/-. Probate dated the same day as granted.

Note: An average wage for a tradesman in 1872 was about one pound - so in today's values William's estate would have been worth close to a million dollars.

The first mentioned farm in the will, left to the Bean children was the original grant of Thomas Bradley, Elizabeth's father. Thomas was one of the earliest free settlers to arrive in the colony.

The 60 acre farm William owned at today's Kellyville must have been disposed of earlier.

Almost opposite to where William and Elizabeth are buried now stands a stately old mansion "Wansborough" at 226-230 Old Northern Road, Castle Hill. The house was built in 1876 for the Wansborough family and only four families have resided there in its 119 year history. The house proudly displays a plaque next to the front door which reads as follows -

The land on which this house is built is of the Government farm established at Castle Hill, 1802. It became portion of a land grant made by Governor Lachlan Macquarie to William Fishburn a free man of Parramatta in 1818. William Fishburn (1796-1872) was the son of Andrew, a naval artificer aboard the "Sirius" which vessel arrived with the first fleet in 1788".

The site of this house is probably part of John's land which was sold on the 3rd March, 1876.