Send an e-mail to: Amanda TaylorSend an e-mail to: Amanda TaylorA Story of an Early Pioneer Family, Researched and written by present-day members of the Family, themselves.
The following article was written and researched by Grace Douglass & Laurel Legge and published in their book 'Along the Windsor Richmond Road' 1985 (ISBN 0 9589831 0 0 and ISBN 0 9589831 3 5) and is subject to copyright. Written permission is held from the late author Grace Douglass for the writer to publish contents via the Internet. However, although this book is in the public domain, it still remains copyrighted material and may not be copied for any reason without permission. I do not have the right to give permission to others to reprint the book. I was only given permission to put it on line. All copyrights stay with Grace Douglass & Laurel Legge and whoever they appointed, for control of the book. Under no circumstances may it be reprinted for profit.
Extractions of parts of the information for personal use with references to the book as the source is encouraged.
On the ninth day of July in the year One thousand and eight hundred and sixty-eight John Ezzey signed his name at the foot of the six sheets that had been prepared by Richard Coley, Solicitor of Windsor, to form his Will. The witnesses to these signatures were Richard Coley, himself, and his Clerk, Charles Bedwell. The Executors were nominated to be William Sullivan, shopkeeper, who was also his Son-in-law, and John Long, a Richmond Builder. John Ezzey declared himself to be a grazier of Richmond.
Although it was a long Will, set out in a most legalistic form, it was nevertheless a most informative and therefore a valuable Will, both from a historic and a genealogical point of view. Previous to the first opportunity I had to read this Will, although I knew that John Ezzey had been the father of four daughters, -- Elizabeth, Mary Ann, Jane and Sophia, I had only known the married names of three -- Skuthorp, Mayo and Sullivan. In addition I was also unaware as to 'who' was 'Mrs. Sullivan' and 'who' was 'Mrs. Mayo'. 'Grandfather's' Will, however, soon clarified any problems in that department. Each daughter and her Spouse are clearly, and precisely -- 'my daughter Elizabeth Skuthorp wife of Richard Skuthorp' and 'my daughter Mary Ann Mayo wife of John Mayo', etc.
From the historical point of view, John Ezzey clearly sets out and records 'who' he purchased each parcel of land from, or the conditions under which it was received from the Crown, together with the exact date of the transaction. It is certainly not one of those documents that leave the present-day researcher in complete and utter ignorance by simply stating 'all that Real and Personal Estate of which I shall die possessed'.
Although it may seem at first glance that John Ezzey favoured some of his children more than others, I myself feel that when you give the matter a little thought, the reasons can be seen behind the portioning of the Estate. I would, however, hasten to state that this is 'my interpretation of the Will of John Ezzey', and others may judge my opinion incorrect, and feel that he did have favourites in his Family. I shall let you be the judge, although I myself prefer to stand by my convictions.
Firstly there was a cash bequest to each child, and then, in many cases, a bequest of land and possessions. Let us consider the daughters of John Ezzey first.
Other than Sophia, the daughters received cash only, and no title to land, property or chattels. On the surface Sophia would appear to have been not only the favoured daughter, but perhaps the favoured child -- 'the apple of her Father's eye', as it were. Perhaps, of course, there was a little of this factor mixed in , sometimes younger children in large families are more favoured. However, I believe that Sophia was being rewarded for caring for her parents to some extent after they had retired to live ini the township of Richmond, especially, more so, in the latter two years of John's life, after his beloved Rebecca had passed away. In the 1860's after John and Rebecca went to live in 'Fuschia Cottage' in Richmond, Sophia was the only Family living in close proximity to them. William James, Elizabeth, Mary Ann, John, Henry and Richard were all living in Kurrajong, Charles and Benjamin were away in the North, Joseph, although married was wandering back and forth from the Kurrajong to the North, and Jane and her husband James Townsend had already left the Kurrajong and were possibly already living at Cudal. At that particular point of time it was still a considerable distance to travel from Richmond across the river and up onto the Kurrajong. Although to-day we wiz over the distance in a very short space of time in a motor-car, the horse, or horse and buggy was a much more liesurely mode of transport, especially over the roughly-formed roads of the day. So, it is therefore my opinion, that the task of caring for the old folk in their twilight years fell mainly on the shoulders of Sophia, and she was consequently, and justifiably rewarded. The reader may, however, feel otherwise
The first bequest given in the Will was to Sophia. It was a beufet and side-table, and the way it is set out quite separately leaves me to think it was a somewhat treasured possession, to be set apart from the remainder of the household effects. It may have been, however, an item that Sophia, herself, particularly admired. In addition she was to receive all interest monies due on her Father's Trust Accounts, share with her brothers in the residue of her Father's personal estate, and receive title to all remaining real estate not specified by name in the Will.
Sophia's three sisters were to receive cash only. Elizabeth 25 pounds, and Mary and Jane 50 pounds each. Here again, at first glance, it would seem that the two younger girls are receiving more than their eldest sister, which in fact they are, however, I feel it is necessary to take into consideration the financial standing of these girls, Elizabeth, at that time, as the wife of Richard Skuthorp jnr. was in a far better financial position than her two younger sisters, and I feel that this may have been the reason behind her Father's bequest, rather than an indication that she did not have the same standing in her Father's eyes as that of her younger sisters.
Now the bequests made to the seven son of John Ezzey. These again are not equal shares, and again I feel that there has been a reason for this. John and Charles received cash only and no portion of the real estate, however, if you bear in mind that it was John jnr. and Charles that had purchased those holdings at Balonne a decade or more previously, then I think that you will agree that it is reasonable to assume, in the light of the text of the Will, that their Father, John Ezzey, had most certainly helped them in this venture. I suppose it can be argued well that another explanation of these 'penalised' bequests may have been the fact that John Ezzey was not pleased with them for moving away to the north and leaving him to manage his own holdings in the south with less hands. My argument against this explanation is that William James, Benjamin, Joseph and possibly Henry had all been away for varying periods of time, depriving their Father of their labours, and that they were not similarly penalised. I prefer my explanation.
Each of the seven sons received, along with their sister, Sophia, a share of John Ezzey's personal estate. In addition William James, John, Charles, Joseph and Benjamin received a payment of 125 pounds each and Henry and Richard received 150 pounds each. The reason for these two latter larger sums being, in the case of Henry, the share of the real estate he received had a lesser value to those given to his other five brothers and in the case of Richard, although his share of the Kurrajong holdings was the largest portion, he received no share of personal property or of the properties owned by his Father in the township of Richmond.
The land in Cabbage Tree Road owned by John Ezzey at the time of his death was divided between five of his sons -- William James, Henry, Richard, Benjamin and Joseph; and the divisioning can be best described with the diagrams on the following page.
In addition to the foregoing, William James, Henry, Benjamin and Joseph received the following bequests. To William James' a parcel of unoccupied land in the township of Richmond containing 1 rood and 30 perches granted to John Ezzey by the Crown by Deed Poll dated 17/8/1858. To Henry two parcels of land in the township of Richmond conveyed to his Father by Richard Coley by Deed Poll dated 24/12/1864 containing 1 rood 35 perches and 1 rood 35 & 1/2 perches, respectively. One portion had a dwelling house standing thereon and the other had a dwelling house and outbuildings on it. Although Henry disposed of his Kurrajong bequests soon after his Father's Will was probated, he held onto these town allotments for his entire lifetime. He lived in one of these cottages with his young Family for several years before he moved to his farm in Carters Road, and later, after he had passed away, the income from the two cottages supported his widow until her death. The cottages were in March Street and one of them is still standing to-day (1984) at least 120 years after it was built, possibly more. Benjamin was given all of his Father's cattle and horse stock, other than a few items given to his younger brother, Joseph. This youngest son, who had grown up at the tail-end of this large Family, seems to have been given the longest list of bequests, but on careful examination I think you will agree that he was only receiving an equal portion, it is just that it comprises a number of small portions to make up the whole --'All remaing household furniture and household effects, consumable stores, cart, dray and harness. One horse and two cows.' His Father's Vault and Tomb in St. Peter's Churchyard. A parce of unoccupied land in Francis Street Richmond measuring 28 & 1/4; perches conveyed to John Ezzey by Thomas Eather the younger by Indenture dated 20/2/1858. Two houses and land in Francis Street containing 56 & 1/2 perches and 28 & 1/4 perches, the first conveyed to John Ezzey by Charles Shephard Whittaker by Deed dated 17/1/1856, and the second conveyed by James Martin by indenture dated 6/5/1857. One of these two latter houses, which were adjacent, would have been 'Fuschia Cottage' where his parents spent their latter years, and subsequently died. 'Fuschia Cottage' is no longer standing. So far as the Vault and Tomb in St.Peter's Churchyard was concerned, little did John Ezzey realise when he made his Will three years before his death, that the beneficiary of this particular bequest would have to make use of it only six weeks after his Father's death, to bury his infant daughter Edith Eudora.
At the time John Ezzey made his Will, Cabbage Tree Road did not exist, and his ten holdings that he had acquired over a period of time were all adjoining common boundaries each to the other so his Will also sets out how each brother is allowed right-of-access to his own holding over and through that of his brother/brothers. How each and every one of them is to be allowed right of access to water on the properties -- a valuable and often scarce commodity at that time. The only well on these properties, at that particular time, would appear to have been on the portion of Loder's Farm given to the eldest son, William James.
After the death of John Ezzey this same land was allocated to five of his sons in the manner shown in the diagram at right. You can see how one brother had to cross the land of another brother or brothers to reach his own. William James had to go through the land of Henry and Richard to get to his back section. Benjamin and Joseph would also have had to cross the land of William James and Richard to get to their blocks. [The second diagram details the acreage allotments as follows]
The bequests in the Kurrajong quickly changed hands after the death of John Ezzey, his 'Empire' did not remain exactly as he had envisaged it. William James, John Jnr. and Benjamin quickly sold out in the next few years and moved away to the West and the North, and Henry and Joseph, for reasons of their own preferred to live elsewhere in the Kurrajong. Only Richard appears to have valued his inheritance and clung to his portion, which was the largest share, only he put the land to a different use to that of his Father, whereas John Ezzey was a grazier, Richard was a farmer, and his crops and results were fruitful and varied.
For those who might prefer to read the Will of John Ezzey in it's original Legalistic and somewhat confusing form, this can be readily achieved at the Probate Office in Sydney. The Society of Australian Genealogists also has it on micro-film, and the Windsor Library holds it in type-script form.
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