Sunday 19 May 2013

Some more wills

Some more wills, it's a bit lazy but I am away in the motorhome again, Padstow in Cornwall. I cant find any Colclough connection here, feel free to let me know if you know different. I think I'll walk down to the town to one of the pub's that will allow Diane and myself in, Poppy the Jack Russell is allowed in every pub, have a pint of HSD, then come back read more of the papers and see what turns up. So I hope that these wills can be of some interest.
John
In the name of etc., I, Sir Adam Colclough of Tyntern Co Wexford Bart etc.
My will is that my body shall be buried in the Church of Tyntern in the toomb.
Item. I foredain and appoint my beloved wife Dame Alice Colclough, and my son and
heir Sir Caesar Colclough, my executors, to whom I bequeath all my goods and
Chattels, to be equally divided between them. Item. I bequeath unto my brother
John Colclough and his five children £40 a year, to be paid out of all my lands and
tenements yearly, (describes in what way) Item. I bequeath my cousin Leonard
Colclough £50, sterling, to be paid out of my personal estate,Item.(some small
legacies) Appoints his brother Sir Thomas Butler Bart, his brother in law John
Pigott,and his cousin Nicholas Loftus, overseers of his will, in witness etc.,
Adam Colclough.
Witness present, Anthony Proctor, Leonard Colclough, Thomas Chishine, John
Griffith.
Will dated, 4th April 1637, and Probate granted by the Prerogative Court, Dublin 3rd
May 1637.
Memorandum. Adam Colclough that on or about the month of July 1652, Adam
Colclough late of Tyntern in the Co Wexford Gent, deceased, being in perfect sense
and memory, did make and declare his last will and testament nuncupative, in
manner and form as followeth, or words to that effect, viz. “I give and bequeath
unto Patrick Lambert £20 sterling, and my two saddle horses, and all the rest of my
goods and chattels, debts and credits, that I have or ought to have at the time of my
death, except one of the said horses. I desire may be delivered unto Patrick
Colclough upon whom I leave the charge of the said Patrick Lambert. I also do give
£10 unto Ellen Lambert, which I desire the said Patrick Lambert to pay unto the said
Ellen Lambert.
Administration granted to Patrick Lambert, Prerogative Court, Dublin 6th
September 1655.
Note: The foregoing was son of John, and grandson of Sir Thomas Colclough.
Sir Caesar Colclough Bart. (The Elder) In the name etc., Recites having with consent
and participation of his wife Dame Frances, now deceased and his son Caesar, levied
a fine and suffered a recovery in Hilliary Term 1675, in the Court of Common Pleas,
Dublin. Whereby he is involved with power to dispose of his Estates as shall to him
seem best and fitting. “I do therefore in the first place, give and bequeath all the
said premises, after my decease, unto my said son Caesar Colclough, and the heirs of
his body lawfully begotten and for want of such heirs, unto my daughter Margaret
Colclough alias Leigh, during her natural life, the remainder to the heirs of her body
lawfully begotten, remainder for want of such to Patrick Colclough of Mocurry in the
County Wexford, and and the heirs male of his body lawfully begotten, remainder for
want of such to Anthony Colclough, formerly of Rathlin (Rathellin) in the County of
Catherlough and the heirs male of his body lawfully begotten, remainder for want of
such to Adam Colclough of Delph House in the County of Stafford, England, and the heirs male of his body lawfully begotten, remainder for want of such, to the right
heirs of me Sir Caesar Colclough for ever”.
The foregoing refers to his property in Ireland, his English property viz,
“In Woolstanton, Mayford, Hanley, and in and near Newcastle in the County of
Stafford” he entails precisely in the same manner. “Provided always, and upon
condition, that whereas my intent and meaning is, that my Estate in Ireland and
England, should remain and continue in my name, as well as in my blood, that if in
case my said Estate and premises do come to be inherited and enjoyed by my heirs
female, according to the several limitations to them as aforesaid, that then such
heirs females, and their heirs males and females, inheriting by virtue of these
presents, and the husband of any such heir female, shall assume respectively the
sirname of Colclough, in default of which, that there immediately the next remainder
according to the above limitation, shall commence devolve and accrue. And also
that in case my Estate, for want of issue of my own body, shall descend to the said
Patrick Colclough, that then my will is that the sd Patrick Colclough or his heirs, shall
pay the yearly annuity of £20 to my cousin Caesar Colclough, second son of the said
Anthony Colclough, and the like annuity to my cousin Mary Colclough, wife to James
Butler, sometimes of Ballinloge, during their natural lives”. Recites that having
settled on his said daughter Margaret Colclough als Leigh, at her marriage, and as
marriage portion the sum of £1500 to be paid after testator's death, but a part of
which viz £500 having been already paid, an agreement was entered into between
the said Sir Caesar, and said Robert Leigh, husband of said Margaret, bearing date 8th
Oct 1673, by which the proper payment of interest on said marriage portion was left
at the discretion and pleasure of said Sir Caesar. “I therefore in full satisfaction and
discharge of all such interest, hereby devise and bequeath unto the said Robert
Leigh, the sum of £20 sterling to be paid him within one year after my death”.
Recites having mortgaged certain lands in the County Wexford, and wills that said
lands, shall be liable to said mortgages, wills that his heir shall make good any leases
which he has already, or may hereafter make of land or tithe.
Recites that having power under a deed of settlement, in case he should survive his
wife Dame Frances, to raise a sum of £500 out of certain townslands specified, wills,
that his feeofees do raise said sum, out of sd lands, to be applied for the payment of
specified debts, or such part of them as he shall at his death leave unpaid, viz. £120
to Mr. Patrick Lambert, £60 to Captain John Trench,£55 to Mr. Edward Smith of
Aldridge, £40 to Mr. David Furlong, £10 to Hugh Cafrell any balance due on bond to
Richard Lowe formerly servant,as likewise to Mr. Mackin of Newcastle, Staffordshire.
Reserving power to bestow legacies, and charge the estate with the payment of
other debts as he might thereafter think proper to do, by codicil to be annexed to
Will. “And lastly, I do nominate and appoint, my two kinsmen Henry Loftus of Loftus
Hall,and John Cliffe of Dungulph Esqs, to be my feeoffies in trust”. In witness etc.,
Caesar Colclough.
this 20th day of June 1683.
Codicil.
Recites clause in will, bequeathing Robert Leigh the sum of 20/- in
lieu of interest on his wife’s fortune, and also that clause stating the payment of part
of said £1500, viz £500, “Now my will is, and I do hereby bequeath unto my said son
Robert Leigh, the full sum of £1500 over and above what said R L has already
received and I do direct that said R L shall receive interest on £1000 of sd sum, at 10
per cent, from the time of my death, till the principal be paid, the said legacy I
bequeath to be in full of Principal and interest’. Lastly directs servants wages to be
paid.
In witness etc.,this 18th January 1684.
Caesar Colclough.
Probate granted in the Prerogative Court, Dublin to Sir Caesar Colclough Bart. (the
Younger) 1684
Note: The foregoing was copied by me (Beauchamp Colclough) Novr 1854, from a
Manuscript book in the handwriting of the late Caesar Colclough of Tintern Abbey,
and compared with the original will in the New Record Court Dublin, Novr 3rd 1873.
Administration to the foregoing will was subsequently granted by the Prerogative
Court, Dublin, 3rd March 1702, to John Pigott Colclough, and Margaret Pigott
Colclough, his wife.
Robert Leigh Colclough, of Tintern Abbey County Wexford. Recites Deed of
Settlement 3rd Feby 1684. Leaves his dearly, beloved wife Margaret Leigh Colclough,
all his plate and jewels, coach and horses and for her life his dwelling house situate
on Arran Quay, in the suburbs of the City of Dublin, In case by any means, his lands
on which his wifes jointure is secured, should be taken away by law or otherwise,
that then the whole of his lands etc., except those in Kildare, shall be liable in order
to pay his said wife an annuity of £250 in lieu of her jointure. Leaves his Estates, (his
own estates) to his nephews, Francis Leigh and Spencer als Robert Leigh, and
appoints his wife, and Spencer als Robert Leigh, Executors and his brother Francis
Leigh, and brother in law James Barneval overseers.
Will dated 4th May 1694, and proved in the Prerogative Court, Dublin. 1695.
John Pigott Colclough, desires to be buried at a charge of £100 in such place as “My
dear and well beloved wife, Margaret Pigott Colclough shall think good,” Item,
directs his debts to be paid. Item, leaves his dearly beloved wife M P C during her
natural life the use of all his household stuff, plate, jewels, coaches and chariot,
coach horses and riding horses, mares and colts, except such two of the sd riding
horses as she shall think to assign to his grandson John Pigott eldest son of William
Pigott decd, when he shall have occasion for them. Item, leaves his wife during her
natural life, the use of all his black cattle, sheep, and all other cattle, and after her
death, all the above, and their produce, or such shall remain of them, to be equally
divided between John Pigott, his grandson by his eldest son William Pigott, Capt.
Southwell Pigott, his daughter Elizabeth Warburton, and his youngest daughter the
Lady Jane Pierse. Item, leaves his grandson John Pigott his library and papers etc.,
and to John Norman gentleman, two suits of clothes (the coronation suit not to be
any of them) and £10, and the like sum annually during his life. Item, leaves his wife
£150 to buy her mourning, and furnish her rooms with black. Item, leaves John
Pigott, Colclough Pigott, and Cornelia Pigott, three of the children of his son Capt.
Southwell Pigott, £100 stg each. Item, leaves his grandchildren, John Warburton and
Garthrind Warburton £100 each, to be disposed for their use by their mother
Elizabeth Warburton, widow of Richard Warburton decd. Item, leaves his grandson
John Pierse and granddaughter Garthrind Pierse, the children of Sir Henry
Pierse,Bart, and his said daughter Jane £100 each.Item, leaves to his good kinsman,
The Rev. Father in God, Hugh Gough, Chaunter of Lymerick, and the Hon Col. William
Harrison of Gowrine County Limerick the sum of £150, to build houses for poor
Protestant widows. Item, leaves to the foregoing £12 per annum for clothing and
support of sd widows and recites deed of settlement of his Estates, 24th Feby 1712-
13. Item, leaves certain land in the County of Limerick to his grandson John Pigott
FitzWilliam and his heirs, on condition if said sum of £150 be not sufficient, that he
shall make it good, and pay the yearly sum of £12, and also pay an annuity of £10 to
his only sister Mrs Elizabeth Fitzgerald, in default of which said lands to go to his son
Captain Southwell Pigott and his heirs, charged as above. Item, leaves his son
Southwell Pigott, several sums in bank, on condition, that he shall within a year
layout £100 sterling, in erecting a marble monument in Kilfenney to his mother
Garthrind Pigott als Southwell decd 28 May 1683, mention to be made of his three
brother's, John, Robert and Richard, and his sister Anne, who are there interred, and
also a marble monument to devisor value £100, in such place as his said wife M P C
shall direct and also pay £10 to the poor of the Parish of St.Pauls, Dublin and £10 to
like, in Tyntern, and the like in Kilfenney. Item, appoints his dearly beloved wife M P
C guardian and overseer of his two gdsons John and William Pigott, only surviving
sons of his eldest son William Pigott decd. Item, desires that his Exors shall present a
mourning ring each to his kinsmen the sd Revd. Hugh Gough, Col. Wm Harrison, and
Patrick Peppard. Item, recites monies in his possession, and to which he is entitled,
and hands them over to his Exors to carry out his bequests. Item, nominates and
appoints his wife M P C and his son Capt Southwell Pigott, both of Arran Quay,
Dublin, his Executors, and revokes all former wills, except one he lately made of the
Estate of Copaid Queens County, and another will of his father's forty nine lott in the
County of Leitrim.
Signed John Pigott Colclough .
Witness, Thomas Tilson junior, William Crompton, John Norman.
Codicil, Whereas said buildings for widows are now finished, revokes sd bequest of
£150 to the Hon Col Wm Harrison, and to the Revd. Hugh Gough, and whereas his
bank stock is charged with £100 for a monument to his first wife, which is now partly
paid for, sd £100 shall be only charged with balances.
Signed J. Pigott Colclough.
Will dated 18 Feby 1716-17 and proved in the Prerogative Court Dublin 7th June,
1717.
In the name of God, Amen. I , Margaret Pigott Colclough of Tintern in the County of
Wexford, being indisposed in body, but of sound and perfect mind and memory,
praise be to God for the same, and knowing the mortality of this life on earth, and
being desirous to settle things in order, do make this my last Will and Testament, in
manner and form following, that is to say, first and principally, I commend my soul to
God, my Creator, assuredly believing that I shall receive full pardon and remission of
my sins, and be saved by the alone merits of my blessed Saviour Jesus Christ, and my
body to the earth from whence it was taken, to be decently interred amongst my
ancestors at Tintern, unless it shall so happen that I shall die in Dublin, then my will is
to be buried in St. Pauls Church by Mr.Pigott, in decent manner as my Exor and
Trustee hereunder named, shall think proper. And as touching such worldly estate,
as the Lord in mercy has lent me, My will and meaning is, the same shall be
employed and bestowed as by this my last will is expressed. And first I do revoke,
and annul, and make void, all former will or wills by me made, and do declare this
and no other to be my last Will and Testament. Item, first my will is that all my
servants’ wages, and all my other just debts, shall be truly paid. Item, my will is that
the sum of £150 be paid out to my funeral expenses. As to goods and plate, I have
none to dispose of only the fourth part of all which I purchased with my own money
from Mrs Jane Pigott, mother to John and William Pigott as appears by her
discharge. Item, I give and bequeath to my dear daughter x, Mrs Elizabeth
Warburton, my large diamond ring given me by her father. Item, I give and bequeath
to my dear nephew Robert Leigh of Long Graigue, my gold watch chain. Item, I give
to the Revd. Mr Thomas Driscoll £20, besides what shall appear due to him at the
time of my death. Item, I give and bequeath my dear cousin Mr. Caesar Colclough of
Mohurry, my chariot and my horses, and all other goods which shall appear to be
bought by me since the death of Mr. Pigott, to the sd Caesar Colclough of Mohurry.
Item I give and bequeath to my dear cousin Mrs Eleanor Mary Knight, the sum of £20
to buy her mourning. Item. I give to the parish of Tintern and Ross, and St. Pauls,
Dublin, £10 each parish to the relief of the poor. Item. I give £10 to each of my
cousins of Rosegarland and the Graigue to buy mourning. Item, I give to Mary Walsh
my servant the sum of £20, with all my wearing clothes of all sorts. Item I give to my
servant James Walsh, the sum of £10 pounds. Item, I give to Michael Nowland £5.
Item, I give to Michael Caulfull, to Nancy Naylor, and Mary Murphy £10, The better
to enable my Executor and Trustee hereunder named to see this my will fulfilled, I
have several sums of money now by me, and several sums due by me at my death,
all which may amount to near £1000. Item, I give and bequeath to my cousin
Elizabeth Elliott £10 and lastly, I do nominate and appoint, John Cliff Esqr. of Ross,
my whole Executor of this my last will and Testament, and also my dear nephew
Robert Leigh of Lougrage my overseer of this my last will and Testament, and do
appoint £50 apiece as a legacy to them. This will finished and signed by me this 24th
December 1722.
Margaret Pigott Colclough.
Probate granted in the Prerogative Court, Dublin, 2nd June 1723.
Note: Mrs Elizabeth Warburton was step-daughter only, she being a daughter of
John Pigott by his first wife Garthrind Southwell. Elizabeth Pigott was married to
Richard Warburton in 1695,and her father John Pigott was married to Margaret
Leigh Colclough in 1696.
In the name of God, Amen. I, Dudley Colclough of Mohurry etc., “I will that my dear
and well beloved wife Mary Colclough shall have and enjoy all my household goods
plate, jewells, rings, furniture, linen and woolen, horses, mares, cows, sheep,
coaches, chaises, and their harness, of what nature or kind soever. And the
remaining part of my personal goods and chattles, debts, arrears of rents and assets,
to be in the power and management of my Executors hereafter to be named”.
Recites deed of settlement (date not given) formerly made and enrolled, whereby he
settled his real estate on his dear eldest son Caesar Colclough, and gave his eldest
daughter Margaret Colclough as portion £1000, also to his second son Francis
Colclough £600, also £1400, to be equally divided amongst the rest of his younger
children hereafter named, payable out of his real estate, except such part of it in
jointure of his dear wife, and whereas under said deed of settlement he had power
to raise out of his real estate, the further sum of --- not exceeding £1500. “I the said
Dudley Colclough in pursuance of said power to me reserved, bequeath the sum of
£100 part of the said £1500, to be added to the sd sum of £1400, to make up £1500,
which sum I order to be equally divided between my youngest children, Maryanne
Colclough, Thomas Colclough, John Colclough, Henry Colclough, and Dudley
Colclough £300 to each. Which sums being for their present advancement, I direct
my Executors shall advance to them at such times as they shall think fit, and in case
any of my sd younger children should die before the receipt of their respective sums,
it is my will, that such be divided among the remaining of my said five younger
children”.
Bequeaths in addition to the sd sum of £300 -£500 to his dear daughter Marianne
Colclough, to be paid her on her day of marriage, and which £500 is to be taken out
of the sd sum of £1500, but in case she should die unmarried sd sum of £500 to
revert back to his estate, which would there remain discharged thereof.
Recites power reserved under said settlement for the reasonable maintenance and
support of all his younger children until they have received their several portions,
and pursuant to the intent thereof. “ I direct that £30 be paid my son Francis, £30 to
my daughter Margaret, £30 to my daughter Marianne, and £20 apiece to my sons
Thomas, John, Henry, and Dudley, the same to be levied out of my real estate
(except such part as is in jointure to my dear wife) and paid yearly at the usual gales,
and same payments to commence from the date of my death’”. Gives his Executors
full power to raise £100 out of the £600 for his son Francis, and gives also such sums
for his younger sons, and out of their portions respectively, as sd Exors shall deem
meet and fit, for prefering them to trades or otherwise, directs interest to be paid on
younger childrens portions till principal sums to be paid in full. Item, Bequeaths his
natural brother Mr. Oliver Colclough £150 for his maintenance and support, the
same to be paid within three years of testator’s death, and bearing interest till paid,
and sd £150 to be part of sd £1500”. Bequeaths unto Father Michael Fitzhenry, his
Parish Priest £3, to be paid at testator's decease, and directs that sd Priest, shall hold
the lands of Shroughmore during his life rent free, and be discharged of all arrears of
rent due on said lands, directs each one of Romish Clergy in the Diocese of Ferns, to
be paid the sum of £1, at the time of testator's burial. Directs £40 to be distributed
to the poor as his Exors shall deem fit. Directs all his debts to be paid out of the sd
£1500. Directs that £150 be expended on his funeral, the said sum to come out of
arrears of rent due at time of testator's death, and if there should happen to be a
deficiency, the s deficiency to be made up out of the sdd £1500. “Item. I give and
bequeath unto my dear brother Adam Colclough, a suit of mourning, the like unto
my beloved cousins and kindsmen, Sir Pierse Butler, Knt, and Caesar Colclough Esqr,
and the like unto Mr Oliver Colclough, to be deducted out of the £1500 aforesaid. I
constitute and appoint the said Pierse Butler to be sole Executor of this my will and
the sd Caesar Colclough overseer of the same.“ Directs his Executor to pay to his
sister in law Mrs Bridget Barnwall whatever may be due her, and to deduct the same
from the aforesaid £1500, “All which I publish and declare to be my last will and
Testament and no other”.
In witness etc., 2nd of July 1712.
Dudley Colclough.
Probate granted same year in the Diocese of Ferns.
Copied from a Manuscript Book of the late Caesar Colcloughs, which was found by
me in an old press in the Abbey in 1853, and compared with original will in the New
Record Court, Dublin, Novr 1873.
Maria Flaherty als Colclough als Barnwall, widow, of Mohurry Co. Wexford,
intestate.
Administration to effects, granted in the Prerogative Court, Dublin to her son
Caesar Colclough of Tintern. Dated 13th December 1725.
Will of Caesar Colclough of Rosegarland.
Recites, that whereas by settlement dated 22nd December,1702, he had granted and
conveyed to his son Anthony Colclough, certain lands, tythes, and farms, in the
counties of Carlow, Tipperary, Kildare, and Wexford with certain remainders and
limitations as set forth, now declares that he does further grant and bequeath to his
sd son Anthony all his mortgages, leases, goods and chattels, both in his own and
father's right, charged with £300 each to his daughters Frances and Eleanor
Colclough, as reserved for them by settlement, and also £200 to his cousin Mary
Ivory, to be paid within twelve months, also all his debts, more especially £1500, for
which his brother Adam Colclough is surety. Leaves his daughters, if they marry with
their mother’s consent £700 additional each. Leaves some small legacies to servants
etc., and appoints his son Anthony Colclough sole Executor.
Signed Caesar Colclough. Dated 24th April 1724.
Will not witnessed, but on affidavit of sad Anthony Colclough, and Robert Devereux
as to hand writing, Probate was granted to the former in the Prerogative Court,
Dublin. 7th January 1726.
Anthony Colclough having died before testator's Estate was finally settled,
administration was granted in the Prerogative Court, to Thomas Webster of Dublin,
Merchant. Frances Colclough and Eleanor Maria Sutton als Colclough, having
renounced, dated 19th December 1736. Thomas Webster having also died before the
Estate was settled, Administration was again granted in Prerogative Court to Caesar
Sutton Colclough of Longraigue in the County of Wexford, dated 17thJune,1756.
Anthony Colclough of Ballysop. intestate. Administration granted in the Prerogative
Court, Dublin to Elizabeth Colclough als Fitzgerald, widow and relict of deceased,
dated 28th April 1729.
Administration was subsequently granted to Frances Colclough, wife of Thomas
Colclough of Wexford, and Eleanor Maria Sutton als Colclough, wife of William
Sutton of Longraigue, Elizabeth Colclough als Colclough als Fitzgerald having
remarried.
Dated 4th January 1733.
In the name of God, Amen, I, Adam Colclough, of Boley, in the County of Wexford
gentn, being sick and weak in body, but of sound and perfect sense and memory,
praise be to God for the same. Do make this my last will and testament, in manner
and form following (hereby revoking and making all former wills and testaments by
me heretofore made, void) and declaring this to be my last will and testament and
no other.
First and principally I recommend my soul to God, and my body to be interred in the
Church at Tintern in the sd County, in such decent manner, as to my Executors
hereafter named shall seem fit. Item, I order and direct that all my just debts to be
paid and discharged by my said Exors. Item, I leave and bequeath unto my dearly
beloved wife Mary Colclough als Foord, the sum of £400 stg, if she does not marry
again, and but £300 if she does marry again. Item, whereas my children by my
former wife, are already provided for by settlement, I therefore leave and bequeath
unto my six children by my second wife, all the rest of my worldly substance. Item, I
do hereby nominate my nephew Mr. Thomas Colclough of Wexford, and Mr
Abraham Tobin of Coolcannon in the sd County, Exors of this my last will and
testament.
Adam Colclough
As witness my hand and seal the 11th day of February 1734.
Witness Present. Dom. Donegan, Patt Colclough, William Wolman.
Not pub. Probate granted at Ferns, 6th August 1735.

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