FROM ENECLANN

Will of Gilbert Donnellan of Cloghan - ABSTRACT

 

Document ID: 19172

LEC/3172/3

 

This is a typed copy of the handwritten Will of Gilbert. I have tried to type it as written containing the same punctuation, or lack thereof, as in the document itself.

 

This is the last will and Testament of me Gilbert Donnellan late of Cloghan in the County of Roscommon in the Kingdom of Ireland but now of Halfmoon St. in the Parish of St. George Hanover Square in the Co. of Middlesex Eg [England] made the 29th day of time in the year of our Lord 1768.First my will is that I may be buried in the same place with my father in the Church of Tassara in the County of Roscommon afs.And I do hereby direct my trustees hereinafter named to lay out one hundred pds. according to the value of money in Ireland in erecting a monument and repairing said church in such manner as my uncle the Rev. Wm. Donnellan shall think proper.I give and devise all my Estates of what kind or nature whatsoever or wheresoever in the said Kingdom of Ireland to Richard Ponsonby and Arthur Pomeroy, Esq. their heirs and assignees forever to have and to hold the same unto the said Richard Ponsonby and Arthur Pomeroy & their heirs forever to the use of them and their heirs upon trust and under and subject to the powers provisions and limitations hereinafter expressed that is to say in the first place to the intent that my said trustees and the survivors of them and his heirs shall out of the rents and profits of my said Estate only sale or mortgage of a competent part thereof pay and discharge all such debts as shall be justly due from me at the time of my decease and which my personal Estate shall not extend or pay together with the legacies hereinafter ? or which by any codicil to this my will. I shall hereinafter give and to this intent and purpose that Mrs. Margaret Wray who has been my housekeeper for many years may have receive and take annually during her life one annually or yearly rent charge of L 200 according to the value of money in England to the issuing and going out of and ??upon my said Estate the same to be paid by equal quarterly paymenrs at Lincilnís InnHall in the County of Middlesex at the 4 most usual feasts in the year that is to say the feasts of the Annunciation of the Blessed V. Mary of the Nativity of St. John the Baptist of St. Miahael the Archangel and of the Birth of our Lord Christ without any deduction or abatement whatsoever for or by reason of any taxes charges or impositions whatsoever the ? to begin or to be made on the feast day which shall next happen after my decease and if the same or any paid thereof shall be behind or unpaid by the space of 40 days next after any of the said feasts there and so after it shall and may be lawful for the said Margaret Reay & her assigns to ? into all or any paid of my Estates and the rents issues and profits thereof to receive and take until she therewith or by the person or persons who shall then be entitled to the immediate p ? of my said Estate be paid & satisfied the same & all acreage thereof together with law renrs damage ? law and sustained by reason of the nonpayment thereof. I likewise give unto the said

Margaret Reay the house I? inhabit in Halfmoon. ?? for all the rest & residue of the term of interest I have therein together with all the plate linen & furniture of every kind which shall be found therein at the time of my death and my will in that my said trustee shall and do pay. The yearly rent and taxes of the said house amounting to 80 pds. a year or thereabouts during the continuance of the said term

provides always and my further ? is that in case the said lease should expire during the life of the said Margaret Reagh then and in such case I give her during her life an additional annuity or yearly rent charge of L 100 of like money to be paid her at such times and in such manner as the said annuity of L 200 hereinbefore mentioned is made payable. And I likewise give and bequeath unto the said Margaret Reagh one hundred Guineas to buy her mourning ? paid her out of the first money that can be collected out of my Estate after my decease and to this further intent and purpose that Anne Rochford wife of my uncle Judge Rochford may have receive and take during her = for her sole and separate use= one annuity or yearly rent charge of L 100 according to the value of money in Ireland to be paid her quarterly in such manner and form as as afs [aforesaid]. I give and bequeath to my friend and agent Mr. Miles Rielly L 100 Irish money & to Mr. Wm. Adkinson of London apothecary one hundred Guineas and as to all my said Estates subject as aforesaid. I will direct and devise the same to be in trust for my sister Frances Donnellan and her assigns for and during her life without impeachment of ? from and after the determination of the Estate to the use of the said Richard Ponsonby and Arthur Pomeroy and their heirs during the life of my said sister and the several persons to whom Estates are hereinafter limittedfor their respective lives in trust to support the several contingent uses and Estate from being defeated and destroyed and for all that purpose to make entries and bring action as the case shall rquire yet nevertheless to permit my said sister Frances Donnellan and the several other persons to take the rents and profits thereof for her and their own use and benefit and from and after the decease of my said sister. In trust for the 2nd 3rd4th & 5thand all and every the son and sons of the body of my said sister Frances Donnellan lawfully to be ? other serially successively and in remainder one after the other as they or any of them shall be in seniority of age and priority of birth and of the several and respective heir male of the body and bodies of all and every such son & sons lawfully issuing always to be preferred & to take before the younger of such sons and the heirs male of his and their body or bodies issuing and in default of such issue in trust for my said uncle Rev Wm Donnellan for and during his life without impeachment of ? and from and after his decease to his ? andother son & sons of the body of my uncle Wm Donnellan lawfully begottenor to be begotten ? serially and in remainder one afteranother as they and ? of them shall be in seniority of age and priority of birth and the seal & ? ? male of the body and bodies of all and ? such son & sons lawfully issuing and in default of such issue to my uncle Nehemiah Donnellan for and during his life without impeachment of ? and from and after his decease to the just ? other son and sons of the body of my uncle Nehemiah Donnellan lawfully begotten or to be begotten ? serially and in remainder one after another as they ? of their shall be in seniority of age & priority of birth & the seal & ?? male of the body and bodies of all and every such son & sons lawfully issuing. In default of such issue to my uncle James Donnellan for and during his life without impeachment of ? from and after his decease to the first and every other son and sons of the body of my said uncle James Donnellan lawfully begotten or to be begotten serially successively & in remainder one after another as they and every of them shall be in seniority of age and priority of birth and the several and respective heir male of the body and bodies of all and every such son & sons lawfully issuing and in default of such issue to my cousin Wm Rochford son of my uncle Judge Rochford for & during his life without impeachment of ? and from and after his decease to the first and every other son and sons of the body of Wm Rochford lawfully begotten or to be begotten serially & successively and by way ofremainder one after the other as they and every of them shall be in seniority of age and priority of both and the serial respective heir male of the body and bodies of all and every such son & sons lawfully issuing & in default of such issue ? our right heirs forever Provided always and my will is that the uses and Estates hereby limitted to the first and other sons of my said sister Frances Donnellan and to th? Wm Rochford and the heirs male of their? bodies and upon him this express condition that they and every of them when in the actual seizure and possession of my said Estates and being at the age of 21 years and upwds shall add the surname of Donnellan to his and their own surname and take upon him and themselves the surname of Donnellan in style and subscribe this and their name & names in all writings and evidences. In case any of them shall make voluntary in so doing my will is that they & so after the use and Estates hereby limitted as to each person only making default as aforesaid shall cease & determine in the same manner as if such heir on will were actually dead. In such case my will is that my said Estate shall go over to the next person then in being who shall comply with the aforesaid condition and who would be entitled to the same in case such heir on making default had been actually dead provided always & my further will is that in case my sister Frances shall live to have a son who shall live to attain the age of 21 years of age that then my said trustees & the survivor of them and his heirs do shall pay to such son half yearly out of the rents and profits of my said Estates during the joint lives of him and his mother L 300 Irish money a year from such time as he shall attain the age aforesaid. Provided always in my will is that it shall and may be lawful to and for my said sister Frances Donnellan and also for the several and respective persons to whom I ? or limitted Estates for their lives as and when they shall ??? to the possession of my said Estate to ??? lease or grant all or any part thereof to any person or persons for 3? or for any number of years not exceeding 21 years to take effect in possession & not in ? or expecting and so as upon every such lease or ? their be reserved and made payable half yearly during the terms by such leases to be ? as ? yearly rent or rents as now is or are paid for the same or the most or the best improved yearly rent or rents that can be reasonably had or obtained for the same at the time or times of making such lease or leases without taking any sum or ? of money by way of fine or premium for or in respect of such lease or leases and so as in ? of leases there be contained a ? of ? for nonpayment of the rent or rents to be thereby resp?? and so as no clause be contained in any of said leases giving power to any of said lessees to commit ? and do as the restore lessees do seal and deliver counterparts of such lease and leases. And my will is that my said trustees& the survivors of them & his heirs shall have full allowance out of the rent and profits of my Estates for the expenses, costs and charges as he or they shall be put to in the execution of the ? of this my will & that not any of them shall be answerable for any sums of money which shall be received by them or any of them other than such as they shall ??receive nor for any acts or ? of the other of them but each for his own act ? ? defaults only and lastly. I do hereby revoke all former former and other wills by me heretofore made and do likewise constitue and appoint my said sister Frances Donnellan sole executor of this my last will and Testament. In witness whereof I have to ? of this my last will & testament both of the same ? and date and each part being contained in ? sheets of paper set my hand & seal the day & year first above written.

 

Gilbert Donnellan

Signed Sealed & published & Declared

By the above named Gilbert

Donnellan as ?? last will &

Testament in presence of us who

In his presence & in the presence of

Each other subscribe our names.

Names

††††††††††† D McNamara

††††††††††† D. Meado

††††††††††† Philip Dumphy

††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††† ††††††††††† Probate granted

††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††† ††††††††††† to Francis French(?)

††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††† ††††††††††† 8 December 1778 Court

††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††††††††††††††† ††††††††††† ††††††††††† of Prerogatives in Ireland