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Thomas Parnell and Agnes Shales.

Sons - .........Thomas and Elizabeth Griffiths
....................Philip and Mary Griffiths.
Daughter - ..Agnes and James Simmons

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The marriage of Thomas Parnell and Agnes Shales.
For the Parish of St. Saviour, Southwark.
Thomas Parnell, of this Parish, Bachelor
Were married in this church by Banns, this 5th November 1795
By D. Gleeson, Curate for Mr Winkworth.
Solemnised between us Thos. Parnell & Agnes Shields
In the presence of John Cooper & Thomas Parr.


In addition to the church records shown above -

The "Parnell Papers" hold at the Mitchell Library a document. This certificate stayed with Thomas until his death.
It is bonded to a stiff backing for protection; the original is about 150mm wide by 130mm high. It certainly has the appearance you would expect, considering what it must have endured until now, having been folded, torn, soaked, then aged until it turned about the colour of honey and dark chocolate.
The document in part reads: - This is to certify that Thomas Parnell of the Church of ------ and Agnes Shales of the ----Solemnised and Married. -------Borough. It is dated the fifth day of November seventeen hundred and ------.

AGNES SHALES - Thomas Parnell (Alias Williams)

Historically until 2002 it was recorded that Agnes was associated with convict John Williams with whom she bore a son. Reportely Agnes then separated from John Williams soon after after arriving in the colony and lived with Mr Samuel Thorley.

Quite understandably it was accepted without evidence that Samuel Thorley fathered all the children born to Agnes Shales in Australia. This claim was substantiated by an initial "T" believed to indicate the name Thorley.
Strong support was given to this belief by the fact that Agnes did not show a father's name on the registrations of Philip or Agnes.
It was believed that shipping lists confirmed that Thomas Parnell / John Williams, Agnes Shales and son Thomas, came to the colony on the "Ganges" known to be a legally married family.

* Substantiated evidence tells another story * .

No family history can simply be told the way we wish it to be. Births Deaths and Marriage or other official records have always been and must continue to be the confirmation of our family roots. Sometime descendants feelings get hurt when, what they have always believed, cannot be verified.

It is quite understandable that descendants of Philip and Agnes Thorley may want to believe they are from first fleet families, however this is not the case.

No shipping lists for free passengers on the "Ganges" has survived.

Thomas Parnell Jnr. was born after the conviction of his father Thomas Parnell, at which time Thomas Snr. gave his name as John Williams. For the protection of the Parnell family's name, the trial, the marriage to Agnes Shales and the birth of Thomas Jnr. were not revealed.

By 1799 John Williams was known as Thomas Parnell.

Bench of Magistrates
Before the Judge Advocate 9 Oct 1799
(State Records Bundle 49 Reel 655 page 121 SZ767 COD 77)

John Neale, John Williams, John Brown, John Williams otherwise Parnell, Thomas Bates, Joseph Hudson and Mary Meade apprehended by Provost Marshall secreted onboard the Hillsborough with the intent to effect their escape from the Colony, the five last named persons being Convicts under Sentence of Transportation, twice sentenced as follows – that is to say – Brown, Parnell, Bates and Hudson to receive 100 lashes each to be drummed [??] thro’ the town of Sydney. Mary Meade to be sent to Parramatta ……. ? Bagrand ??? for the Magistrates to punish there. Neale & Williams to receive each 100 lashed to be drummed thro’ the town and confined until the Hillsborough sails. John Dilliston and Richard Cox, two sailors, concerned in secreting the before mentioned prisoners and stowing them in the salt room to receive 100 lashes each to be drummed thro’ Sydney and discharged, Joseph Hudson and Mary Meade are ordered to Toongabbie and the Corporals Punishment of the former …….? …….? By His Excellencies Device.
__________________________

Events in chronological order.

1. Agnes Shales had been married considerably less than two years when she arrived in the colony with baby son Thomas in June of 1797.

2. Within two years Agnes conceived another child Philip born 1799. Agnes had not re-married John Williams and would have been believed to be unmarried, the birth of Philip was not registered.
In the "Musters and Lists of NSW-Norfolk Island 1800-1802. Agnes not bound by the constraints of a convict, elected to be known as Agnes Williams: Not Shales, Parnell, or Thorley.

3. Agnes gave birth on the 10th Sept.1801 to Agnes Jnr. As her relationship with John Williams would have been well known but her marriage to Thomas Parnell was not, she named her daughter Agnes Williams. ( no initial "T" ) indicating she was still with John Williams at that time.

4. 19th February 1804 a son Samuel was born to the defacto partnership of Agnes and Samuel Thorley. Samuel was the first child to be registered a Thorley.

5. 1804, son Philip (b.1799) was registered Philip T Williams.

6. 1804, daughter Agnes (b.1801) was re-registered Agnus T Williams.

Philip, Agnes and Samuel were all baptised Thorley on the 8th July 1804 at St.Philip's Sydney.
Again as Agnes Shales had never married under the name Williams and her marriage to Parnell was not known, a second registration was not required except to recognise Dr. T Williams as the father.

John Williams as a convict he was required to use the name Williams and was known as Dr.T Williams. Thomas later claimed he was probationaly pardoned while on the “Ganges” to prepare for his duties as a doctor in the colony.
REF. Richards D. Medical convicts to New South Wales and Van Diemen's Land 1788-1818. Med J Aust 1994;161:73-7
1814-1822 Musters Dr.Thomas Williams , Hospital Mate.

7. In the Colony Agnes Shales was never known as Mrs. Parnell. Also John Williams was not recognised as Thomas Parnell the husband of Agnes, therefore it would be most unlikely any form of divorce would have been sought.

8. Agnes Shales married Samuel Thorley at St.Philips church, Sydney on the 18th April 1811. If a marriage to Williams had been recognised then her marriage to Samuel would have been as Agnes Williams or even Parnell, she married as Agnes Shales. To give Philip and Agnes the surname Williams was not a legal requirment.
There was no reason why she could not have registered Philip or Agnes in 1804 as Thorley had that been her wish.

For Agnes to legally give the two children the known name of her husband and then baptise them Thorley, in the same year, was admirable.This practice is not uncommon even today. It told the husband she was not unfaithful and gave the children the opportunity to adopt their new family name.

Had the Shales / Parnell marriage and the Williams birth registration in 1804 been known Philip's death certificate would not have read "Father unknown". The family witnesses to the certificate at the time did not believe Samuel was the father.
Philip was one of very few Thorley descendants of the period not to be buried in the "Thorley Family Vault" at St.Peter's Richmond. (see story and photograph below).

Philip passed away some twenty seven years after his brother Thomas Parnell. It must therefore be of interest as to why the land grants to Samuel Thorley, the Probate and Wills of Samuel and Charles Thorley, together with other Thorley documents were lodged in the Parnell Family Paper's box at the Mitchell Library.
Ref. Parnell Family and Cope's Trust papers 1796-1885 . Location 1-128B A5399.

Extracted from the will of Samuel Thorley.

"I do give & bequeth unto my dearly beloved Philip Thorley" No mention of Philip being his son.
The will then goes on to read in the following terms "My son Samuel, my son William, my son Charles".
Samuel does use the term "My daughter Agnes".

A sun-dial carved by Philip with the initials P.P.T. depicting Philip Parnell Thorley is still in the possession of a descendant.

______________________________________

Records show that on the third of May 1803 Thomas Williams was the Assistant at the Dispensary in Parramatta, at which time he was disciplined for non-attendance, adding speculation that this may have been the period of his matrimonial problems.

Samuel appeared to be a very compassionate man and raised all of Agnes’ children as his own. Thomas Parnell jnr. was an executer of both Samuel's and his Father's estates.

Thomas snr. was an educated man and destined to become a doctor, surgeon and land holder of considerable acres, he held excellent references from his long time partner Dr. James Mileham, and was loved by his son Thomas all his life. Thomas Snr. never re-married.

Samuel Thorley originally from Staffordshire, had been in the colony since September 1791. He had been given a seven-year sentence for stealing clothing, and transported on the “Active” with the third fleet, this was considered a very slow passage taking one hundred and eighty three days due to bad weather. Twenty of his travelling comrades did not live to see Australia.
The ship surgeon on the “Ganges” the ship that transported Thomas and Agnes, was James Mileham. James was going out to join the Colonial Medical Establishment. James was later ordered to replace Thomas Jamieson at Norfolk Island. The British Government in 1796 had given him a commission as Assistant Surgeon of NSW.
James Mileham was appointed to duty at Castle Hill between Richmond and Sydney in January 1804. Thomas Parnell had preceded James to the district.
By 1808 Thomas had become assistant to James, he then completed his studies and later signed a document at a Coroner’s inquest as “Thomas Parnell Surgeon”. He is recorded as Dr.Thomas Williams in the "Australian Medical Pioneers Index".

Thomas’ “ticket of leave” dated the ninth of September eighteen-sixteen shows he was born in seventeen hundred and seventy two, (actually 1765). He was described as being five feet six and quarter inches tall with sallow complexion, silver grey hair balding and with hazel eyes. Occupation - Assistant Surgeon.
Within the two days of that ticket of leave James Mileham wrote the following letter to John Thomas Campbell, which confirms his confidence in Thomas.

Dear Sir, The bearer John Williams alias Thomas Parnell the person you desired, I would send down and well known by many persons in Sydney.
We have been much alarmed lately by the report of His Excellency’s dangerous illness, but thank God, our friend Fitzgerald was favoured with a letter from the Major, which conveyed the pleasing information of the Governor’s present danger.
We sincerely hope he speedily recovers it is to be hoped that the anxiety with which Mrs. Macquarie must have experienced will not injure her health. Will you have the goodness to present my sincerest regard to the family?
And believe me
Dear Sir,
Yours very truly,

(Signed) James Mileham.

James Mileham, Thomas Parnell senior, Jonathan Griffiths Samuel Thorley, and later Thomas junior with Philip Thorley were all members of the Hawkesbury Benevolent Society, This society will play a major part in the lives of Tommy and Philip. It was in conjunction with this group that Thomas signed a petition opposing the practice of being paid in Spanish dollars. Spanish Dollars

Bench of Magistrates (State Records Reel 658 SZ772 COD 233)
29 Dec 1810

Thomas Parnell charged with uttering a paper writing purporting to be a Paymasters note for the payment of 2 Pounds knowing the same to be forged. Elizabeth Shannon sworn says I took the bill produced for a 2 pound paymasters note form a person of the name of Anne Hendes. I gave her for it a 2 pound bill of Frances Williams, a quarter pound of tea and a pound of sugar the whole 2 pound 6 shillings. I pop it to a man of the name of Bray and he returned it to me as a bad bill. Anne Hendes sworn says I do not know other than this bill produced is the bill I gave Mrs Shannon, but the one I gave her as I received from Parnell, for whom I have washed these nine or ten months. It was 2 pound paymasters bill. At the time I received it I passed it to another woman whose name is Anne Chapman. Anne Chapman sworn said the bill produced is the same one Anne Hendes showed to me. I was in the ……?? whom Parnell gave. James Marshall, Paymasters Clerk says the bill produced is a bad bill and has been altered from 2 shillings and 6 pence to 2 pound. Thomas Parnell says in his defence that the bill produced is not the same bill he gave to Anne Hendes. The Court, upon consideration, that the evidence not sufficiently strong to prove that the prisoner knew that the bill in question was forged and therefore discharge him.

Thomas junior affectionately known as Tommy was raised by Agnes and Samuel Thorley and remained very much part of the combined family. When Samuel passed away August 1821, Thomas was honoured with the trust of becoming joint executor of Samuel’s estate with his younger brother Philip.

Agnes Thorley / Parnell married James Simmons 14th November 1821.
The children of the marriage were-
Sarah Thorley (C) 1823 (D)3rd Feb.1890 Richmond (M) David Hart in London 1844.
Joseph Joseph (M) Sarah Simmons. 25th Aug. 1852.
Francis Thorley (b) abt. 1830 (D)17th Aug. 1910 Sydney (m) Edward M Gibbes 25th Jan. 1948.(m) Roger Gadsen London.
Agnes Thorley (b) abt. 1831 (D) 24th April 1880 (M) James Simmons 7th Sept.1850.
David Thorley abt. 1833 (D) 16th June 1850.
Elizabeth Thorley (b) abt. 1835 (D) 1925 (M) Gustav Wangenheim 31st Oct. 1855.
Isaac Thorley (b) abt. 1836 (D) 20th Aug. 1857 Sydney Heads- Wreck of the "Dunbar"
Edward Thorley

The family of Philip Thorley / Parnell is on the Griffiths descendants chart.

Tommy had received a land grant of sixty acres from the Government, which was on “The Terrace” at North Richmond. In 1822 he also received the adjoining two parcels of land each of eighty acres from the estate of Samuel Thorley. These three estates were all river front land.

The following map is not to scale and is only intended to be a guide. Lot 6 was the first sixty acres, Lot 5 was the combined two parcels of eighty acres.
Lot 8, 200 acres was purchased from the estate of William Bell and much of what is now North Richmond, it was also the site of the Packhorse Hotel.
Lot 11 was purchased from William and Joseph Merrick each of sixty acres and known as Gooseberry farm at Weeny Creek.
Lot 13 was the site of Rose Cottage the family home for many years. The floods of 1867 later destroyed the stone house near the Richmond Bridge.
In 1822 another major event took place for Thomas Parnell jnr. (Tommy). He married one of Jonathan Griffiths' twin daughters-Elizabeth.
Mary the other twin had married Philip Thorley the previous year. Philip’s sister Elizabeth married Jonathan’s son William only four months after the wedding of Thomas and Elizabeth. The three weddings were held at St. Peter's Richmond.

Thomas and Elizabeth married 10th April 1822.

The fourteen children were: - William 13/3/1822, Edward 23/10/1823, Mary Ann 17/8/1825, Elizabeth 28/7/1827, Thomas Liverpool 10/12/1829, Sarah 7/9/1831, Charles 28/8/1833, Agnes 13/9/1836, John Henry 12/2/1838, Susannah 2/6/1841, Margaret Isabella 14/6/1843, Emma Jane 25/6/1845, Matthew Henry James 2/4/1848 and Wilhelmina Alice 8/7/1851.

The first four of Thomas and Elizabeth’s children William, Edward, Mary, and Elizabeth were born between 1822 and 1827 at Nth. Richmond and christened Church of England. The family, including Thomas' “half brothers” and sisters (Thorleys), who were still minors lived on their property at Nth. Richmond called “Ferry House”.

Between I8I7 and 1820 a group of men explored the district north of Windsor. They sought farmland safe from the tremendous Hawkesbury floods. John Howe, Chief Constable of Windsor, discovered a land route from the Hawkesbury River to the Hunter River, roughly along the road through Putty and Howe’s Valley on what is known today as the Putty Rd. He reported to Governor Macquarie the finding of rich fertile land and extensive plains, who then ordered John to conduct further explorations of the district, and examine the Hunter River district. The members of his party were his son-in-law George Lodler, Andrew Howe, William Dargan, Philip Thorley, and Benjamin Singleton. They arrived at Patrick Plains (later Singleton) on St. Patrick’s Day, hence its name.
Philip Thorley was given a Hunter River pastoral grant for his exploration work with John Howe, the location of this grant is roughly identified by what is now Mt. Thorley. December the following year, Ben Singleton moved his wife Mary and five young children to the Hunter. Philip and Mary Thorley accompanied them. Philip’s wife (Mary Griffiths) with Mary Singleton share the honour of being the first white women to reach the Hunter overland using this route. It is claimed Mary Singleton’s son John was the first white child to be born in the district, the year was 1823.

Near the mouth of the Hunter River the Australian Agricultural Company (A.A.G) had been formed. Eager shareholders including twenty-seven members of Parliament poured in money. The purpose of that company was “the cultivation and improvement of Waste Lands in the Colony of New South Wales”. It was inaugurated by an act of the British Parliament on 21 June 1824. There were 10,000 shares of $200 each issued, the accent was to be on wool.
The company was originally granted 400,000 hectares on which to produce it. It eventually had a substantial influence on Australian stockbreeding, though more on cattle than on sheep. This huge organisation moved into coal mining and paid its first dividend in 1834. William, the Father of Sir Edmund Barton, was the chief accountant for this company; Thomas’ daughter Margaret will marry William’s other son George. Eventually most of the landowners bought shares in coal mining including Thomas, Montague and James Virgo Parnell. Montague and his brother James Virgo (English family story) both had arrived in the colony in 1841, going straight to the Hunter to join the rest of the Parnell clan. James Virgo was later employed by the A.A.G.

(see Mary and George)

Thomas and Philip had been developing interests on the Liverpool Plains and it was near here at Jerry’s Plains that the fifth child of Thomas and Elizabeth was born in 1829. They named him Thomas Liverpool. The remaining nine children were born between 1831 and 1851 at Richmond, being Sarah, Charles, Agnes, John Henry, Susannah Esther, Margaret Isabella, Matthew James and Wilhelmina Alice. The family then lived at Richmond Bottoms in Rose Cottage. (Not to be confused with another more famous Rose cottage in the district.)
In 1829 Thomas Jnr. had been granted the license for the “Packhorse Inn” at Enfield (North Richmond). It is interesting to note that application to purchase the land on which the Inn stood, was signed for by his Father. The Inn and the land were on the road to Enfield and Kurrajong just over the river and on top of the first rise, next to the “Ferry House”. Before the bridge was built and when the river was in flood, drovers would spend days imbibing at the pub. A friend and neighbour John Town built a new Inn called the “Woolpack” on the site in 1836; this was replaced by the “Riverview” in 1932.

By authority of the Government on the 21st.Feb.1828 the Hawkesbury Benevolent Society occupied a run at Philip’s Creek, on the Liverpool Plains. William Nowland, Thomas P., and Philip Thorley ran this property for the society where they had 1,200 head of cattle.
Sir Edward Parry in 1832 inspected this land and chose it for the Australian Agriculture Company. The "Warrah" also had to be yielded to the Australian Agricultural Company where the three had 1,000 head of cattle.
Thomas senior and his son purchased land in Wollombi and Milbrodale district, in both the Counties of Northumberland and Hunter. Those in Northumberland are in the Parish of Wollombi while the others are in a county later named Parnell and separated only by Parsons Creek. The signatures mentioned previously were used to differentiate the Wollombi lands purchased by Father and son; it is interesting to note the near copper plate style of the well-educated Thomas senior. This was most unusual, as at that time as a large number of convicts signed their name with a mark. It would also appear that as time went by, junior attempted to copy his Fathers writing style.
The area around Milbrodale has dozens of caves in the sandstone cliffs which contain several aboriginal red ochre paintings. The tribes of the district were the Kamilaroi and to the south a tribe known locally as the Wollombi. Probably the Kamilarois were the proudest and finest of all Australian Aboriginal tribes, they were certainly the most feared. To elaborate on the problems between the settlers and the tribes in this district at that time is best left for another story. The large 630 acres shown on the map was the land purchased by Tommy and his Father. Tommy's son Charles later owned the smaller lots; Thomas Senior was living at this property when he died in 1853. (Note the Parish of Parnell.)

A Government Notice dated the 1st June 1829 was advertised in the Sydney Gazette listing Towns and Stations in the Colony. Maitland was named as “A town to be laid out at the head of navigation on the Hunter River” at Wallis Creek. The town was proclaimed in 1833. That year Tommy was in partnership with Richard Reynolds in a property named The Mooki. It was situated on the Mooki River and very close to a property named the Breeza later owned by a man named Samuel Clift. Thomas’ son Charles will marry Samuel Cliff’s daughter Sarah in 1861.
Sons William and Edward first travelled to the Namoi river area at about the age of ten, then at 15-16 they were managing their parents stations near Gunnedah, amongst them were Tulcumbah, Weetalibah, and Rangiri.

Montague Parnell and Charles Reynolds (the brother of Richard) purchased “Poole Farm” at West Maitland. Montague and Ann Rachel (nee Potts b. 1824 England) married in W. Maitland in 1846 they had seven children. Montague and his brother James were also partners of “Mt. Parnell” estate near Quirindi.
Montague Jnr. a son of Montague and Ann Potts also became a surgeon.

The year after James Virgo died in 1870 his wife Martha took out a lease on nine hundred acres at Quirindi; another three years and she married John Poole a business associate of Thomas Parnell & Co.
James Virgo was elected as a Director of sheep inspections in 1864 while Edward Parnell was given the same title three years later before becoming the District Trustee of the Newcastle branch of the Bank of NSW in 1872.

Edward and his family later settled in Newcastle. Edward and his son Walter were Synodsmen during the time that Bishop Tyrrell acquired “Brenda” Station for the Diocese of Newcastle. The family were very generous donors to Christ Church Cathedral, Newcastle, and gave large donations to the War Memorial chapel in 1922.
(See Edward Parnell).

St. Peter’s church in Maitland proudly remembers the contributions made by the Clift, Parnell and Eckford families.
(See story Charles and Sarah Clift).

Thomas and Elizabeth's and family moved to Osterley 1855. In the year 2001 there was no town and only a few farmhouses at the site of Osterley. However on the Hinton road, between Raymond terrace and Morpeth, there are two road signs marking the start and finish of the property. The property extended from the Mount Kenway on one side of the road and down to the Hunter River on the other. Between these road signs, you will find a small very old sign and a driveway to a more recently built farmhouse.
If you were looking down the driveway toward the house and fifty meters on, you will see a large fig tree, the roots of this fig caused the house known as “Osterly” (note variation in spelling) to completely collapse. About one hundred meters to the left is a stand of Gums, This is the site of the old homestead of “Osterley”.

OSTERLEY

A description of the house when advertised.

On Lot 1, a parcel of 107 acres, was the homestead. It was a brick house containing a drawing room 24-ft. x 16 ft., dining room 20 ft. x 16 ft., and two large bedrooms. Ceilings were 15 ft. high. The wings contained three comfortable bedrooms, the breakfast parlour, and a large pantry. The basement consisted of a large cellar filled with bins, three large rooms, suitable for stores or any other domestic use, the kitchen was detached, and there were servant’s rooms, laundry, gardener’s cottage and outer offices. Other buildings consisted of a wine house 60-ft. x 20 ft. with an attached stilliform, and a carpenter’s cottage. The house was valued at £5000 and was insured for £3,200. Surrounding the house was a garden and an orangery of five or six acres containing 150 twelve-year-old orange trees, which yielded a yearly income of £300, a vineyard, Lucerne paddocks, and olives were also grown for oil. The contents of his cellar, viz.: 1500 gals. of Colonial Wine in 106 gal. lots. 50 doz. French Claret, 50 doz. French Champagne, 15 cases Whisky, 10 cases Old Tom, I qtr. pipe brandy, 2 casks Sherry, and a few cases Schiedam.
Maybe the contents of the cellar were just too much.

Thomas died the following year, on Thursday September 11, 1856 aged 60 years, after suffering an unpredictable chest pain in the evening. After an inquest on the following day, he was buried on Saturday at the Morpeth Church of England Cemetery. Rev. J. B. Bloomfield held a Service.
While on their way to collect the body for the funeral the hearse and horses met with an accident at the entrance to the punt. The tailgate fell loose hitting the horse’s flanks causing fright. Though the driver and young lad escaped serious injuries, the horses with the attached hearse swam down the Hunter until becoming exhausted and drowned. Men were sent in to retrieve the coffin for the funeral to go ahead.

James George Doyle, the family of Isabella Sophie (nee Doyle) and Frances (nee Howe) later purchased “Osterly” the house next door. The stone tomb of James G. Doyle, who died on 11th September 1878, aged 66 years 10 months is still on the site and located under two sentinel trees.
A map of Osterley dated 1855 shows the “Old Osterley” as having three separate buildings. A brick cottage away from the river and on higher ground, a garden cottage by the river, a vineyard, and three separate wharfs described as the Boathouse and wharf, old wharf, and stone wharf. Lawrence and Jane Potts had lived a short distance from the Osterley at “Clifden” Hinton, they were the parents of Ann Rachel Potts who married Montague Parnell.

Thomas Jnr. in his last will dated October 1852, left the dwelling house called Rose Cottage, and farm at Richmond Bottoms to his wife Elizabeth. Including household furniture, pictures, plates, linen, china, glass, musical instruments, watches, horses, cart carriages and Drays.
In addition, Cows, poultry, and other live stock, crops, and implements of husbandry, wines liquors and consumable stores. These items are only part of a six-page document and included here only to illustrate the times. It must be said that Thomas provided well for all his family, including his Father. Quote: - To provide my Father Thomas Parnell with proper and sufficient board and lodgings, clothing, attendance, and all other necessities during his life. He also willed to family members, one hundred acres in the County of Cook on the left hand side of the road leading to Belmont (near Kurrajong) and adjoining the river Hawkesbury and known as Ryans' Farm and a further adjoining two hundred acres, purchased from William Bells estate. Thirty-Five acres in Mulgrave Place, purchased from George Plummer. Sixty acres of land in the County of Cook known as the Terrace granted to me by the crown. Two parcels of land of about eighty acres each, Gooseberry Farm at Weeny creek, Kurrajong and the adjoining farms of Hilland and Jones.

The following Act is included as it best describes the Parnell “stations” and should clarify reported misunderstandings for its being.
A special act of Parliament known as the “Parnell Trust Act” was reported in the NSW Government Gazette, Friday 12th February 1864.

The Parnell Trust Act

THE SCHEDULE WITHIN REFERRED TO.

Description of “Burrell or Wetalibah” Run.

Bounded on the west by a marked tree line commencing on the right bank of the River Namoi at a tree marked T and W about one mile above Burburgate head station thence about north-east by compass until it strikes a tree marked T and LL situate on the Gunnibal Plain about two miles from the commencing point thence by a line by compass about north-east by north until it strikes a tree marked T in the center of the Little Gap north of Parnell’s Big Gap in the main dividing range about six or seven miles thence on the north by the crest of the main dividing range to a tree marked TH at the foot of that range and thence to a tree similarly marked in the Gap Creek at the foot of the Cow Mountain continued along the summit of the Cow Mountain to a rock called Nobby under the peak of the aforesaid mountain On the east from the Nobby Rock by a line by compass running about South by west until it strikes a tree marked HO and T situate on the north bank of the River Namoi about two miles from Mr. Thomas Parnell’s present hut and stockyard thus separating the Burrell run from Mr. Howe’s station Carroll thence on the south by the Namoi River downwards about ten miles to the starting point.

Description of “Tulcumbah” Run on the North side of the Namoi.

Bounded as follows-At the south-west extremity from the gully on the north side of the Namoi adjoining to Larnach’s sheep station called Gunnumbene to the mountain half a mile thence along the top of the main mountain range on the western side of the Tulcumbah Valley bearing northerly across the Big Gap commonly called Parnell’s Gap at the point of the ridge thence along the main mountain range bearing north-easterly across the Little Gap as far as the Borah mountains thence along the mountain range dividing the Borah waters from the Burundi waters as far as the head of Tarpaulin Creek hence along the western bank of Tarpaulin Creek to the point of a range forming part of the main range that runs into Borah Gap thence across the Borah Gap as far as a point on the west side of Baldwin’s Mountains opposite to the mouth of a gully considered as the boundary between Balwyn and Larnach thence up the said gully to the range dividing Bell’s run on the north side of the Namoi from Larnach’s and along the same chain of hills between Bell and Larnach to a point on the north bank of the Namoi fixed by Commissioner Allman thence across the Namoi to the south bank along the opposite ridge also fixed by Commissioner Allman and continued along Bell’s and Cobcroft’s side lines to a point on the Peel River fixed by Commissioner Mitchell and thence down the north side of the Peel to its junction with the Namoi and along the north bank of the Namoi to the aforesaid gully adjoining to the Gunnumbene station.

THE SECOND SCHEDULE WITHIN REFERRED TO.
Description of “Geera” or “Wyaberry” Run.

Bounded on the east by Breewan run (Mr. Lawson’s station) bearing northerly five miles striking the Barwon River at a point a quarter of a mile above the Wyaberry hut thence on the north by the Barwon River bearing westerly ten miles to a point within a quarter of a mile of Boree (Mr. Chapman’s station) on the west by a line bearing southerly five miles dividing it from that station and on the south by a line bearing easterly ten miles to the point of commencement.

Description of “Willoi” Run.

Bounded on the west by the Mara Creek commencing at a point on the eastern side thereof at its junction with the southern boundary of Geera or Wyaberry run and bearing southerly five miles on the south by a line bearing easterly five miles dividing it from Ulouri and Ginge Plains on the east by a line bearing northerly five miles dividing it from Back Willoi to the southern boundary of the Geera or Wyaberry run aforesaid and on the north by portion of the southern boundary of said run bearing westerly five miles to the point of commencement.

Description of “Ulouri” Run.

Bounded on the west by the Mara Creek commencing at a point on the eastern side thereof being the south-west corner of the Willoi run and bearing southerly five miles on the south by a line bearing easterly five miles dividing it from Ginge run on the east by a line bearing northerly five miles dividing it from Back Ulouri run and on the north by a line bearing westerly five miles dividing it from Willoi run aforesaid to the point of commencement.

Description of “Back Willoi” Run.

Bounded on the west by a line bearing southerly five miles (commencing at a point in the southern boundary of the Geera or Wyaberry run distant five miles easterly from the Mara Creek being the north-east corner of the Willoi run) dividing it from the said Willoi run on the south by a line bearing easterly five miles dividing it from Back Ulouri run on the east by a line bearing northerly to the southern boundary of Townsend’s run Willore on the north-east by a line bearing north-westerly two miles dividing it from a portion of said Willore run and on the north by a line bearing westerly three miles to the point of commencement dividing it from the Geera or Wyaberry run.

Description of “Back Ulouri” Run. Bounded on the west by Ulouri run commencing at the north-east corner thereof by a line bearing southerly five miles dividing it from said run on the south by a line bearing easterly five miles dividing it from Back Ginge on the east by a line bearing northerly five miles and on the north by a line bearing westerly five miles dividing it from Back Willoi to the point of commencement.

Description of “Ginge“ Run.

Bounded on the west by the Mara Creek commencing at a point on the eastern side thereof being the south-west corner of Ulouri run and bearing southerly five miles on the south by a line bearing easterly five miles dividing it from Lower Willi run on the east by a line bearing northerly five miles dividing it from Back Ginge and on the north by a line bearing westerly five miles to the point of commencement.

Description of “Back Ginge” Run.

Bounded on the west by Ginge run commencing at the north-east corner thereof being a line bearing southerly five miles dividing it from said run on the south by a line bearing easterly five miles dividing it from Wapoon run on the east by a line bearing northerly five miles and on the north by a line bearing westerly five miles dividing it from Ulouri run to the point of commencement. Tulcumbah carried one hundred and eighty thousand sheep, and three thousand seven hundred and fifty cattle. There were also near fifty broken-in horses. On Weetalibah, there were three thousand six hundred cattle. In February 1864, it was certified that Wyaberry and Marra Stations carried forty five hundred horned cattle. Plus thirty-two horses.



The Parnell Trust Act.

“An Act to enable William Parnell and Charles Parnell the surviving Trustees of the will of Thomas Parnell deceased to sell certain sheep and cattle stations and stock being part of the trust property and to invest the money to arise from such sale upon the trusts of the said will. [Assented to, 30th January, 1864.]

HEREAS Thomas Parnell late of Richmond Bottoms in the County of Cumberland and of Osterley in the County of Northumberland grazier deceased by his last will and testament bearing date the eighteenth day of October one thousand eight hundred and fifty-two and of which he appointed his wife Elizabeth Parnell since deceased and his sons William Parnell of Richmond and Charles Parnell of Osterley in the said Colony to be executors and trustees gave and bequeathed to his said trustees the residue of his live stock upon trust in the events which have happened for all and every his children living at his decease (except as therein mentioned) as should have attained the age of twenty-one years or been married or as should afterwards live to attain the age of twenty-one years or marry before that age to be divided between or amongst them in equal shares. And he directed that the shares of such of his said children as should be a son or sons of and in the residue of his said live stock should be delivered to him or them respectively at his or their respective ages of twenty-one years and that the share or shares of such of his said children as should be a daughter or daughters of and in the residue of his said live stock should be delivered to her or them respectively at her or their respective ages of twenty-one years or day or respective days of marriage. Which should first happen and he directed that a partition and division of the said live stock should be made when and as each of his said children should become entitled to his or her share and that such partitions and divisions should be made by the trustees or trustee for the time being of his will in such manner as they or he or she in their his or her discretion should think proper And the said testator by his said will authorised his said trustees or trustee in their her or his discretion to convert into money by sale or mortgage and apply not more than one-half of the expectant share or shares of any of his said children for his her or their advancement in life And the said testator gave and bequeathed all his estate title and interest in and to all the sheep and cattle stations or runs that he might be possessed of at the time of his decease unto his two youngest children that should be living at the time his youngest child should attain the age of twenty-one years as tenants in common. And whereas the said testator died on the eleventh day of September in the year one thousand eight hundred and fifty-six without having revoked or altered his said will save only in so far as the said will was revoked or altered by two codicils thereto neither of which codicils in any way affected the dispositions herein before mentioned. And whereas the sheep and cattle stations or runs and live stock of which the said testator was possessed at the time of his death and which are subject to the trusts of the said will herein before mentioned consisted of the sheep and cattle stations or runs described in the Schedules to this Act together with the stock thereon that is to say two stations or runs adjoining to each other situate in the District of Liverpool Plains and called or known respectively by the names of the Burrell or Wetalibah and Tulcumbah runs and in the First Schedule to this Act particularly described together with the stock thereon and seven runs adjoining to each other situate on the River Darling and called respectively Geera or Wyaberry Willoi, Ulouri, Back Willoi, Back Ulouri - Ginge and Back Ginge and in the Second Schedule to this Act particularly described together with the stock thereon And whereas all the children of the said testator who were beneficially interested in the said stations or runs and stock under the trusts of the said will have with the exception of four of such children attained the age of twenty-one -years And whereas the children of the said testator who have attained the age of twenty-one years have received a portion of their shares of the said live stock of the said testator and the remainder of such shares are now being mustered for the purpose of being delivered to them and removed from the said runs And whereas the said William Parnell and Charles Parnell as the surviving trustees of the said will of the said testator are now holding and managing the said sheep and cattle stations or runs together with the stock thereon belonging to the infant children of the said testator for the benefit of the said infant children as being the parties now beneficially interested therein as aforesaid And whereas it will be advantageous to the said infant children of the said testator as so beneficially interested under the trusts of the said will as aforesaid that the said William Parnell and Charles Parnell as the surviving trustees of the said will should be at liberty to sell and absolutely dispose of the said sheep and cattle stations and stock now held and managed by them as aforesaid and to invest the money to arise from such sale upon the trusts of the said will but the said will does not contain any power enabling the said trustees so to do.
1. It shall be lawful for the said William Parnell and Charles Parnell or other the trustees or trustee of the said will to sell and dispose of the said sheep and. cattle stations or runs and the stock thereon by public auction or private contract and, either, in one lot or in several lots, as they, shall think most expedient for such prices as they or he shall consider advantageous to the trusts to accept for the same and when sold to do all necessary and proper acts for vesting the same in the purchaser or purchasers thereof freed and discharged from the trusts created and declared by the said will and the receipt of the trustees or trustee of the said will shall be a sufficient discharge to the purchaser or purchasers of the said stations, or runs and stock or any part or parts thereof for the purchase money payable by him or them respectively and shall wholly exonerate him or them from seeing to the application thereof and from all liability as to the misapplications or non-application thereof.

2. The monies to arise from the sale of the said stations or runs and stock shall with all convenient speed be apportioned by the said William Parnell and Charles Parnell or other the trustees or trustee of the said will into two parts one of such parts being the monies estimated to have arisen from the sale of the said stations or runs exclusive of the said stock and the other of such parts being the monies estimated to have arisen from the sale of the said stock exclusive of the said stations or runs.

3. The monies estimated to have arisen from the sale of the said stations or runs exclusive of the said stock shall with all convenient speed be laid out and invested by the said William Parnell and Charles Parnell or other the trustees or trustee of the said will in the purchase of lands in the Colony of New South Wales for an estate in fee simple or in bank shares or in Government or real securities or on mortgage of freehold estates And the said William Parnell and Charles Parnell or other the trustees or trustee of the said win shall forthwith settle and assure or cause to be settled and assured the said hereditaments and premises so to be purchased and the accumulated rents issues and profits thereof upon such and the same trusts for the, two youngest children of the said testator that shall be living at the time his youngest child shall attain the age of twenty-one years as are by the said will expressed and declared of and concerning the said testator’s right title and interest in and to all the sheep and cattle stations or runs that he might be possessed of at the time of his decease or as near thereto as the deaths of the parties or other contingencies may admit. And in the meantime and until the monies estimated to have arisen from the sale of the said stations or runs exclusive of the said stock shall be invested as aforesaid the said William Parnell and Charles Parnell or other the trustees or trustee of the said will shall place out such monies at interest in bank shares or in Government securities and also from time to time alter vary and transfer such securities for other securities of the same or like nature. And the dividends interest and annual proceeds which shall from time to time arise in respect of such securities shall be accumulated by the said William Parnell and Charles Parnell or other the trustees or trustee of the said will and be treated in the same way as the principal monies out of which the same have arisen.

4. The monies estimated to have arisen from the sale of the said stock exclusive of the said stations or runs shall with all convenient speed be laid out and invested by the said William Parnell and Charles Parnell or other the trustees or trustee of the said will in the purchase of lands in the Colony of New South Wales for an. estate in fee simple or in bank shares or in Government or real Securities or on mortgage of freehold estates And the said William Parnell and Charles Parnell or other the trustees or trustee of the Will shall forthwith settle and assure or cause to be settled and assured the said hereditaments and premises so to be purchased and the accumulated rents issues and profits thereof upon such and the same trusts for the said four remaining children of the said testator who have not attained the age of twenty-one years as are by the said will expressed and declared of and concerning the residue of the said testator’s live stock or as near thereto as the deaths of the parties or other contingencies may admit And in the meantime and until the monies estimated to have arisen from the sale of the said stock exclusive of the said stations or runs shall be invested as aforesaid the said William Parnell and Charles Parnell or other the trustees or trustee of the said Will shall place out such money at interest in bank shares or in Government securities and also from time to time alter vary and transfer such securities for other securities of the same or like nature and the dividends interest and annual proceeds which shall from time to time arise in respect of such securities shall be accumulated by the said William Parnell and Charles Parnell or other the trustees or trustee of the said will and be treated in the same way as the principal monies out of which the same have arisen.


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