TRANSCRIPT OF ORIGINAL WILL
(Note: Thomas Kite amassed an incredible collection of properties in his lifetime, and by today’s standards would be extremely wealthy. It would be an interesting research project for someone to identify all these properties and place present-day values on them)
LIST OF PROPERTIES BEQUEATHED IN THE LAST WILL OF THOMAS KITE
Bequests to Thomas Kite the younger:
30 acres 20 perches (more or less) in the North of the town of
Orange in County of Wellington granted to me by the Crown by Deed
of Grant on first of March, 1855.
30 acres 3 roods 36 perches in North of the town of Orange (as above)
640 acres in Parish of March; Crown Deed of Grant on thirtieth of
13 lots totalling 729 acres near Kangaroo Bay on the Nandillion Ponds.
Crown Deed of Grant of first of July, 1857
40 acres in Parish of March in County of Wellington but in the Deed
of Gift stated to be in the County of Bathurst. Crown Deed on
seventeenth of May, 1839.
16 lots totalling 676 acres at Mullyan Creek, in Parish of March,
six on second December, 1856; and ten on second December, 1859.
42 acres at Mulyan Creek. Crown Deed, on eleventh January, 1860.
746 acres on Nandillion Ponds. Crown Deed dated sixth of June, 1836.
832 acres on Nandillion Ponds. As above.
1,193 acres on Nandillion Ponds. Crown Deed on twenty-ninth of
2 Messuages and shops nearest to the corner of Howick and William
4 messuages or tenements and shops which I have erected on the site
of what was formerly the Wool pack Inn;
Also all those parcels of land in George St., Bathurst, portions of
allotments twelve and ten of Section fourteen, with the messuages or
tenements thereon which by Indenture dated 5/7/1870 were conveyed to
me by Domingo Gressier;
and two allotments at the corner of Howick and Stewart Sts, Bathurst,
Numbers 14 and 15 of Sectionl7, which with other hereditaments were
conveyed to me by Messieurs Robert Towns and Alexander Stewart by
Indenture dated first of June, 1870.
Bequests to William Kite:
1,050 acres at Molong Creek in County Bathurst. Granted on the
twenty-sixth of November, 1834.
920 acres at Molong Creek. Granted on twenty-eighth January, 1836.
1,130 acres ar Bell River. Granted thirtieth of April, 1837.
733 acres at Molong Creek. Granted on sixth of June, 1836.
725 acres at Molong Creek. Granted Granted of June, 1836.
1,830 acres at or near Molong. Granted on thirty-first, January, 1839.
1,920 acres (three lots each of 640 acres) near Molong. Granted
on thirty-first of January, 1839.
712 acres near Molong. Granted on Thirtieth of January, 1839.
550 acres near Molong in County of Ashburnam. Granted on ninth
of July, 1861.
2,000 acres on Bathurst Plains, A.K.McKenzie’s Grant known as
“Dockairn”, and purchased by me from William Henry McKenzie Esq.
and those two messuages and shops and premises nearest the corner
of Durham and William Streets, Bathurst;
and four messuages shops and premises I erected on the site of
what was formerly the Wool pack Inn.
Bequests to Sarah Mary Cousins:
894 acres at Nubrigyn Creek. Granted eighth of February, 1836.
980 acres at Nubrigyn Creek. Granted thirtieth of June 1838.
1,269 acres ar Nubrigyn Creek. Granted twelfth of July, 1839.
21 acres at Weandra Creek. Granted thirty-first of Junuary, 1839.
1,180 acres at Nubrigyn Creek. Granted on sixteenth of June, 1837.
1,104 acres at Nubrigyn Creek. Granted as above.
640 acres at Bell River and Weandra Creek. Granted on thirty-first
of January, 1839.
60 acres at Kelso purchased from George Chesher on thirtieth of
2 acres of Chesher’s Grant purchased from the Assignees of the
estate of the late Frederick Strachan and the Inspector of the
Union Bank of Australia by Indenture of first of January, 1864,
and the house and grounds now in occupation of Richard Young
Cousins as a dwelling house.
400 acres on Bathurst Plains known as Jew’s Hill conveyed to me
by the representatives of the late Samuel Terry by Indenture on
fifteenth of November, 1860.
the parcel of land in the City of Sydney known as Orr’s Wharf
conveyed to me by William Orr on fifteenth of December, 1852.
all my lands in Clarence and York Streets Sydney, conveyed to
me by the Trustees of the Australian Trust Company on the 23rd
of August, 1848.
1280 acres granted by the Crown to G.F.Blackett in County of
Bathurst and conveyed to me by Dodds and Blackett on thirteenth
of May, 1846.
and certain lands, messuages and hereditaments in Orange,
mortgaged to me by Hyam Phillips and which I subsequently
purchased from R.Y.Cousins, conveyed on sixth of May, 1860.
1280 acres at Fitzgerald’s Swanp in County of Bathurst, conveyed
by Thomas Weavers the younger by Indenture of sixth of January,
That parcel of land in Parish of Cole, near Fitzgerald’s Swamp,
number 72, containing 37 acres 1 rood; Crown Deed of Grant
dated fourteenth of September, 1866.
3 parcels of land totalling 95 acres 3 roods (Nos 73, 63, 65)
in Parish of Cole. Granted on first of April, 1868.
2 parcels of land totalling 88! acres (Nos 80 and 54) at
Fitzgerald’s Swamp. Granted on sixteenth of September, 1870.
A parcel of land at Fitzgerald’s Swamp, No 69, of 40 acres 3 roods.
Granted on third of November, 1866.
40 acres in Parish of Vittoria on Neal IS Waterholes. Granted by
the Crown on first April, 1868.
In the town of Bathurst, Nos 17 and 18 of Section 4, conveyed Qy
Robert Towns and Alexander Stewart on first of June, 1870.
Bequests to Ann Lee:
2,000 acres on Winburndale Creek in County of Roxburgh originally
granted to J.T.Palmer, conveyed by J.T.Morisset on thirtieth of
300 acres on the Macquarie River in County of Roxburgh originally
granted to John Day and conveyed to me by Indenture (Date unknown).
350 acres on Macquarie River. Granted by Crown on twenty-fifth of
1,250 acres on Macquarie River. Granted by Crown on twelfth of
640 acres on Macquarie River granted to – Webb, and purchased by
me from the trustees of the Estate of Samuel Terry on fifteenth of
1,060 acres near Macquarie River and adjoining John Dayls Grant,
originally granted to James Edrop, 530 acres whereof I purchased from
James Edrop and the other 530 acres from James Stirling, Chairman of
the Bank of Australia.
4 parcels of land totalling 409 acres on Bathurst Plains, granted
originally to William Charles Wentworth and purchased by me from
William Lee Senior.
Allotment No 3 of Section 7 in the Town of Bathurst whereon is
situated a messuage or tenement known as The Free Selection Inn
which with other hereditaments was conveyed to me by the Official
Assignee of the Insolvent Estate of William Nason on twenty-fifth
of October, 1864.
Several allotments in Bathurst, Nos 3 and 4 of Section No 64, and
No 3 of Section 29, conveyed by the above Official Assignee.
Allotment in the Village of Peel in County of Roxburgh containing
1 acre (allotment No 10 of Section 9) conveyed by said Assignee.
Allotment No 13 of Section 18 in Bathurst, conveyed to me by the
Commercial Banking Co. of Sydney by Indenture of twenty-second of
June, 1869, and upon which are situated the buildings formerly
known as the Red Lion Inn and the Victoria Theatre.
Allotment in Bathurst on the Corner of Howick and Bentinck Sts.,
Nos 19 and 20 of Section 4, conveyed by William Campbell Mockett
and his mortgagees on twenty-first of June, 1869.
Store and premises in Castlereagh Street Sydney near Circular Quay
now occupied by one, – Mayfield as my tenant,
and 2 allotments at the back of the said store, all which said
hereditaments I purchased from the Crown.
Bequests to Emily Louisa Lee:
All the farms at Emu Plains in County of Cook three of which
contain 50 acres and the other 38 acres.
2,000 acres of land at Winburndale known as Brown’s Farm.
The cottage and premises in Castlereagh Street, Sydney, conveyed
The cottage and premises in Castlereagh Street, Sydney, conveyed
by William Brady by Indenture on third of December, 1856.
The messuage and premises at the Corner of Castlereagh Street
and Hunter Street, Sydney, purchased by me from Messieurs Brady
and McRoberts on seventh of December, 1850.
Several parcels of land in Morrisset and Ranken Streets, Bathurst,
formerly the property of John Joseph Ashe, and since conveyed to
me by R.Y.Cousins.
The messuage and premises in Russell Street, Bathurst, formerly
occupied as a Town Hall and mortgaged to me by John Joseph Ashe
and since conveyed with other lands to me by R.Y.Cousins by
Indenture dated sixth of May, 1863.
850 acres at Queen Charlotte’s Vale in County of Bathurst formerly
granted by the Crown to John Lake (Date unknown).
Parcels of land in Bathurst, portions of allotments 16 and 17 of
Section 1, conveyed to me by the Trustees of the Estate of
John Ireland on eleventh of July, 1869.
Parcels of land in Bathurst, allotment No 1 of Section No 4, and
thirty-five perches of land adjoining thereto, conveyed by
Robert Towns and Alexander Stuart by Indenture on first of June.
674 acres in Parish of Malmsbury and County of Bathurst at
Macquarie River. Crown grant by Deed of Grant on twentieth
of May, 1840.
1,001 acres on west side of Macquarie River adjoining the aforesaid
674 acres granted by the Crown to Hughes and Hoskings and purchased
by me from the Bank of New South Wales.
35 acres in Parish of Malmsbury, Portion No 4 granted by the
Crown to me on sixteenth of January, 1861.
Seven other lots totalling 316 acres and 18 perches, Portions
11,12,17,18,19,20, in Parish of Malmsbury. Crown Deed on the
sixteenth of January, 1861.
40 acres in Parish of Malmsbury at the Back Swamp, Portion 28.
Crown grant to me on the fourteenth of September, 1866.
Bequests to Elizabeth Forest:
2,000 acres in the County of Roxburgh known as Junes’s Grant,
purchased from the representatives of the late Samuel Terry.
All the buildings and premises in Pitt Street, Sydney, purchased
from W.J.Packer and conveyed to me on the sixth of November, 1846,
and now in the occupation of Pay ton and Day and known as The
That messuage and premises in William Street, Sydney, purchased
from – Smithers.
Those parcels of land in Bentinck Street, Bathurst, allotments
Nos 14, 15, and 16 of Section 4, conveyed by Robert Towns and
Alexander Stuart on the first of June, 1860.
27 acres 3 roods 20 perches in the Parish of Malmsbury at the
Back Swamp, Portion No 60. Granted by the Crown on fourteenth
of September, 1866.
Ten other lots totalling 360 acres in the Parish of Malmsbury
Portions 61 to 70 inclusive. Crown Grant as above.
40 acres in the Parish of Malmsbury, Portion 29, granted on the
first of June, 1866.
Bequests to George Kite:
The parcel of 80 acres at Kelso on which the house and premises
wherein I now reside are built.
1,000 acres on Bathurst Plains known as Blarney, purchased from
the Estate of Thomas Aspinall.
55 acres adjoining this, being a portion of W.I.Brown’s Grant
and purchased from Sir William Verner, on which the Woodside Inn
376 acres 3 roods purchased at Auction from the Crown at Bathurst
on the ninth of May, 1871, for which I hold a receipt for the
balance of the purchase money dated ninth of August, 1871.
640 acres on the west side of the Macquarie River granted to
C. Wall and purchased by me from William Charles Wentworth.
2,500 acres on the West side of Macquarie River adjoining,
granted to Colonel Wall and purchased from William Charles Wentworth.
50 acres in the Parish of Malmsbury near the Macquarie River,
Crown grant on sixteenth of September, 1870.
50 acres 2 roods in the Parish of Malmsbury, Portion 80, purchased
from the Crown and granted by Deed dated the second of November, 1869.
Two parcels of land containing 107 acres each, on Bathurst Plains
adjoining Robert Bonner’s Grant of 1,2000 acres and granted to Willi
Charles Wentworth and mortgaged with me (with other lands) by
1,200 acres on Bathurst Plains purchased by me from William Lee t e
All my household furniture, plate, linen and china, and also all
the live stock and farming implements and other chattels at my
dwelling house at Kelso and the 80 acres thereunto belonging.
The Trustees of my Will to stand possessed of 12 acres 2 roods 15
perches in Queen Charlotte1s Vale conveyed to me by John Liscombe
on the thirtieth of July, 1842 upon trust for Thomas Bayliss,
eldest son of the late Benjamin Bayliss of Gorman1s Hill near
Real estate not hereinbefore specifically devised, at the discretion
of the Trustees, to be sold and converted into money. The unsold
portion of such realty to be divided in equal proportions among the
I give and bequeath to my Trustees for my said children in equal
proportions all my Bank shares.
I give and bequeath to James Rue, a stockman in my employment,
the sum of 100 pounds. Also an annuity or clear yearly sum of
50 pounds for life, to be paid quarterly.
All my horses, sheep, cattle and all the rest and residue of my
personal estate not hereinbefore specifically bequeathed,
including moneys due to me on mortgages and moneys in the Bank,
to be converted into money and the proceeds divided among the
children in equal shares.
The Will was signed on the twenty second of August, 1871, in the
presence of George Pinnock, Solicitor of Bathurst, and John
CODICIL TO THE WILL
The Will had to be revised as the result of the deaths of Thomas
Kite’s sons: George, who died on 2 November 1873 and Thomas who
died on 28 May 1861.
The two sons’ bequests were revoked and distributed amongst the
remaining five children, excepting some amendments to their
previous legacies, and with provision for Thomas’ children.
One bequest, which apparently was not mentioned in the original
Will, was made to Elizabeth Forest:
2,000 acres known as Yarrows situated in the County of Roxburgh,
Township of Peel, conveyed to me by Samuel Hughes and others by
Indenture of the first of September, 1861.
(The Codicil was signed on the sixth of July, 1875, and
witnessed by George Pinnock, Solicitor, and Robert Booth,
Clerk to McIntosh Pinnock and Price, Solicitors, Bathurst.)
Probate of the Will was granted on the nineteenth of October,
“This day upon Petition, Probate of the Last Will of Thomas
Kite deceased was granted to William Kite and Richard Young
Cousins, Executors, Thomas Kite the younger being deceased
and George Lee having renounced. Testator died on 13/9/1876.
Goods were sworn at 220,000 pounds.
Probate was dated the same day as granted.”