More notes of interest, my ambition is to set up a complete database of all the names I have come acros connected to our family...
So this post is another random copy from some documents from my uncle Bernie and Beauchamp...
Note:
In Enniscorthy Church Vestry Minutes Book in 1834, Caesar Colclough who was owner
of portion of the Rectorial tithe, who evidently had a front seat in the Church (pew
number 8), was requested “to lower the seat which has been raised above the level in
the Chancel, as the clergy and congregation are greatly inconvenienced by its
elevation”. There are also in St Iberius’ Church in Wexford Town pews to Mr. and
Mrs. Colclough still to be seen also above the rest of the other pews, probably at the
request of Caesar's wife.
Henry, the founder of the branch of Beauchamp Colclough’s family who was a
younger brother of Colonel Caesar, settled himself in Kildavin next to Newtownbarry
(Bunclody) in the County Carlow early in the 18th century. His eldest son, Dudley,
died unmarried, leaving by his Will his place of Bohermore, County Carlow, to his
next brother, Beauchamp, who also was left by his mother an undivided portion of
the Townsland of Bennekerry, near Carlow, but owing to unfortunate disagreements
between Beauchamp's widow and his mother, the latter, by her Will, left all the
remainder of her share of the “Beauchamp” property, and which was considerable,
to the son of her first husband, Bartholomew Barnes, with the remark that, “that he
always treated her with dutiful love and consideration”.
Mrs. Beauchamp Colclough however was left a considerable fortune by her Aunt
Miss Sarah McCarty, with remainder in moieties for life to her two sons, Henry and
Beauchamp, and their issue for ever. Henry obtained a partition of the Townsland of
Bennekerry, and resided there calling the place Mount Sion. The place eventually
came to the hands of Henry’s eldest son, Beauchamp, whose widow having played
much the same game as Mrs. Caesar Colclough of Tintern, sold Mount Sion to Mr.
Clayton Browne, and it now forms a part of the latter’s demesne.
Patrick the third son of Henry of Kildavin, managed to get hold of that place after his
father’s death, thus ousting the sons of his elder brother, and as I have been told, by
unfair means. My grandfather, Beauchamp, lived at lower Kildavin, under his Uncle
Patrick for many years, but finally joined my father (his son) in Canada where the
latter had received a part of Government wild lands for his military services, and on
which he had settled on retiring from the Army in 1817. Kildavin, like so much more
of Colclough Property, has long passed into stranger’s hands.
A curious coincidence often related to Beauchamp,(when he was a child) by his
father, and in which he was an doctor, occurred in the course of the war of 1812,
between Great Britain and the United States. The morning after a battle fought in
the frontiers of Canada, his father had been sent out with a piguet, to collect the
wounded and stragglers of both Armies, and in the course of his patrol through the
woods he came across a party of friendly Indians, who were dancing the war dance
around a prisoner, whom they had stripped naked, preparatory to putting him to the
torture. On seeing the party of soldiers approaching, the prisoner nerved by despair,
jumped clear over the hands of captors, and rushing up to my father, begged for
God’s sake he would save his life. His father at once placed him in the centre of his
party, and eventually succeeded in bringing him safe into the camp. He proved to be
a Captain Harris of the American Army, who fallen had into the hands of the Indians
the night before, and as they had lost some of their warriors in the fight his doom
was certainly sealed, if it had not been for the accident of the piguet having come his
way. He was exchanged some months afterwards for a British Officer, and rejoined
his own Army;
And two years after, it fell to his turn to repay the kind act he had received at my
father’s hands, by saving the latter’s life. My father was lying on the ground, in the
grey of the morning, after the battle and blowing up of Fort Erie, bleeding from nine
wounds, any one of which one would suppose, would have been enough to have
killed him, when he saw an American officer riding by, who proved to be his former
friend, Captain Harris, and who on recognising the wounded man, at once obtained a
party of American soldiers, and had my father removed to a place of safety, where
he attended him like a brother, as indeed he was, for they were both Freemasons.
My father’s name was sent home among the list of killed, and my mother was
mourning for months, before the joyful news reached her, that her husband had
been spared to her, and was in a fair way of recovery.
Of all the Great Duffry Estate, there now remains with the family, only 4 or 5
Townslands, and the Tithes of some of the Rectories under the grant of 16th Charles
I, together with the houses and premises in Wexford and Taghmon, obtained at the
same time. It would be difficult to enumerate the names of the parties, who now
enjoy the remainder, but the principal of them are, Lord Monk, Lord Carew, Mr.
Bridges, Sir Clement Wolseley, Mr. Blacker, the Harvey Family, Mr. Richards of
Grange, Colonel Phayre, Mr. Cookman, Mr.Cliffe and the representatives of Mr.
Rowe.
Of Duffry Hall, the former residence of the family, there only remains the
foundations, Mr. Rowe's tenant, after our family left, pulled the house down, and
carried off the materials to build a house elsewhere, and even the white stone on
which was inscribed the date etc. of the erection of the house, and which was
inserted in the front wall, over the Hall door, is no longer to be found.
The burial place of the Duffry Branch of the family, is a large enclosure, surrounded
with a high iron railing, with trees now growing in it, in the grave yard of the church
of Templeshambo, but there does not appear to have been any tombstones erected
there. (But in the old graveyard on the other side of the river there are the some graves stones still there thisyear (2002) from Bernie) And the old registry of the parish having been destroyed in the rebellion of1798, there is little there now to tell of the family who were the once proud owners
of all the surrounding country.(save the few Colclough families who possess some small farms in Ballygibbon, Killanne,andBallybawn area my family JC)
Sir Thomas Colclough was given a grant of the lands of Templeshambo
after a period of domination by the Mac Murrough- Kavanagh towards the
end of the 16th century. He settled the lands on his son Dudley Colclough
who resided at Monart. He was confirmed in those lands by Charles I in
1628. He owned in his own rights, land at Kiltealy, Mohurry, Ballybreen, and
Coolacarney, while holding other land jointly with Sir Morgan Kavanagh,
then resident at Clonmullan Castle near Bunclody. He also held Gurteen and
Cromoge jointly with Edmund Hyre while with William Byrne and a man
named Callaghan he held 750 acres in the vicinity of Clorogue and
Curraduff. In 1641, Dudley Colclough as before said, came into disfavour
and his lands were forfeit in the Cromwellian Confiscation. They were
divided amongst the new settlers and those from amongst the Old English
whose loyalty was not in doubt.
Of his land at Gurteen and Cromoge 85 acres were given to William and
James Swanton, 222 acres to Captain John Wackeman, 601 acres to Patrick
Colclough his son; 587 acres to Earl Anglesey. In Rossard, Ballylusk,
Booladurragh, 1265 acres were given to Oliver Wheeler, Henry Kenny and
Earl Anglesey. Wheeler also got 600 acres at Boolamore, Ballychrystal,
Carrignagree and Cloroguebeg. Patrick Colclough and John Cottrell were
given 750 acres at Curraduff, Cloroguemore, and Coolyvane and 458 acres
at “Ffarrandiggen and Ffarrangra (Near Ballindaggan ) were allotted to
Morris and Clayton. Dudley also lost 1400 at “Kiltealy, Mohurry,
Ballibreene, and Coolacarney” to John Cottrell, Matthew Stoddard and
Edward Carey. At Kilcullen, Boligbeg and Shroughmore, Dudley Colclough
and Hugh Brine, who were both described as Irish Papists lost a further 830
acres to Morris and Clayton, Patrick Colclough (Dudley's son) and Henry
Kenny. Much of this land was covered with mature timber and was a great
source of ready cash. Its export to England for the manufacture of staves
and as fuel for the smelters which were recently developed, was lucrative,
although it carried a heavy import duty on arrival.
After the restoration of Charles II most of the lands were restored to the
Colclough family, a notable exception, being that lands at Monart left in the
possession of Messrs. Clayton and Morris, who had set up a smelting works
there. These works were developed by one Colonel Robert Phayre and be
came known as Phayrefield, later changed to Fairfield, It wasn’t until 1818
that the distillery was set up there by Andrew Jameson.
Dudley Colclough died in 1663, and was succeeded by his son Patrick who
resided at Duffry Hall, which had been built about 1627. It was the
Colclough home certainly up to the 1798 rebellion. In 1683. Patrick
Colclough was granted a licence to hold two fairs annually, at Mohurry on
August 15th and October 27th, and a further fair at Wheelagower. As to the
records of Templeshambo some were destroyed in 1798.
Nearly two hundred years after the rebellion, the Church Warden of
St.Colmans, Church of Ireland in Templeshambo, Mr. Ken Hemmingway a
local historian and some others between 1983 and 1990 compiled a
historical record of Priests, Rectors and lay people, of both communities in
the adjoining cemeteries. One of the graveyards surrounds the Church of
Ireland, the other one is 500 yards to the south on the opposite side of the
Shanbo river. There is no religious distinction here,- Roman Catholics and
their Church of Ireland brethren are buried side by side.
In January 1990 a booklet (the fourth in a series) recording the Memorials
to the Dead , in the Diocese of Ferns, Co. Wexford, and some adjoining
parishes, has been compiled by FAS. This book was inspired by the series of
works by Brian Cantwell from his “Memorial of the Dead“. In St. Colmans
(1815) grave yard at the left hand side of the church, the Colclough vault
surrounded by railings are still to be seen (this year 2000). The family vault
is covered over by a mound. Inside the railed mound are buried the
following Colcloughs. This list is taken from the Burial Register (which have
survived ) published in the booklet “Memorials to the Dead of
Templeshanbo 1990.”
Colclough Adam, Barragh, 28 years, 12/8/1827.
Colclough Catherine, Kildavin 58 years, 10/1/1828.
Colclough Rev. Dudley. Enniscorthy, 65 years,12/8/1830.
Colclough Mary, 23 years, 17/11/1832.
Colclough Caesar, Dudley, Newtownbarry. 27 years, 7/2/1833.
Colclough Luke Gavin, Newtownbarry, 20 Years, 28/4/1833.
Colclough Louisa, Wexford, 23 years 29/5/1833.
Colclough Mary, Newtownbarry, 56 years, 29/2/1836.
Colclough Harriet, Portarlington, 26 years 19/3/1838
Colclough Agmondisham Vesey, Newtownbarry,34 years, 4/11/1840.
Colclough Caesar Dudley, Monart, 15 months, 31/5/1841.
Colclough Mrs. Susannah, Parish of St.Thomas, Dublin, 70 years,
7/11/1851.
Colclough Julia, 2 Royal Terrace. Kingstown, 71 years, 16/1/1864.
Colclough Margaret, Dublin, 82 years, 4/5/1878.
Colclough Sarsfield, Esq J.P. Isle of Man, 85 years, 12/1/1855
Colclough Elizabeth Carte, Castle Ellis, 45 years 27/2/1837.
(The above Rev. Dudley Colclough was a curate in Templeshanbo in1793.)
Inside the Church at South Wall.
Sacred to the memory Lieut. Colonel. Thomas Colclough Watson,
who departed this life at Dacca East Indies on the
30th April 1834. aged 46 years & 10 months,
He was suddenly removed by Cholera whilst in the enjoyment
of health & the greatest domestic felicity, loved & honoured
By the Officers & Men under his command & esteemed and
Respected by a numerous circle of friends and acquaintances,
His virtues, his talents, his liberality & amiable disposition
endeared him to all classes, He was a brave soldier, an active
and zealous Officer, a warm and steady friend, a tender &
most indulgent Husband, a fond Father & a sincere Christian.
He rested all his hopes on the blood and merits of his
Saviour Jesus Christ & when death came it found built
upon this Rock & he was not confounded but submissively
resigned his spirit & his earthly joys to Him who gave them.
He departed in peace
His Officers as a token of their regret & esteem have erected a monument
over his beloved remains in the Christian burial ground at Dacca to which
he was borne by his native non-commissioned Officers and Seboys an
uncommon proof of their love and veneration, for one who the they justly
looked upon as a Father.
“Blessed are the dead who die in the Lord.”
Also in memory of Mary Watson who departed
this life on the 25th August 1834 aged 14 years & 3 months
on board the ship Mount Steward Elphinstone
at sea Lat., 13 degrees 50’ North, Long,83 degrees 50’ East,
She was a lovely and most promising child, gifted with piety,
talents & wisdom far beyond her years, the last months
of her life were passed in Christian submission to her
afflictions & in her tenderest efforts to comfort & assist her
widowed sorrowing mother who erects this monument in
honour of her most tenderly beloved Husband & darling Child.
They were lovely and pleasant
in their lives and in their death
were not divided.
“The sea shall give up its dead.”
On the south side of St. Colmans across the river in the old graveyard, there
are two grave stones side by side, one a Ledger,
IHS.
Here lie the Bodies of
Maryan Colclough,Adam Colclough
Maryan Colclough all infants
being children of Adam Esq.,
he second Ledger has a ladder carved on it and reads,
IHS.
here Lieth the bodies of Marianne? Colclough
alias Wade who departed this life the
24 th of the 7th 1756 aged 26 years
Lord have mercy on her soul.
Near the the Duffry Hall area, in Killann and Rathnure, there are a number
of graveyards with memorial stones to Colclough families, of which there is
no doubt that they are the relatives of the Colcloughs of Duffry Hall, and
Tintern. Some go back to the mid 1700s. There are also Colclough families
still living and farming there to this very day, on the same lands handed
down from their ancestors, and also land which they reclaimed and cleared
on White Mountain(See above these are my family JC).
The principal memorials now to be found in the ruins of the Old Church at Tintern
are enumerated elsewhere. There does not appear to have been any erected to Sir
Thomas Colclough, or his son Sir Adam, though both were buried there, but some of
the inscriptions are quite obliterated by time, and possibly by violence also.
In the centre of the Old Church is a Tomb erected to the late Caesar Colclough by his
widow, and there is a Tablet to his memory in the new Church (near Saltmills) which
latter also contains a Tablet to the memory of the late Rossborough Colclough, who
also was interred in the Vault under the old Church (which had been repaired and
enlarged by himself).
Hope you enjoy more to follow JC...
Monday, 17 June 2013
Monday, 10 June 2013
Yet more wills
Been away again, in the motorhome to West Wales in the sun this time...
Migth put soem photos on sometime...
John
Some more wills, i hope they're of interest.
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.
Patrick Colclough of Boley (and Dunmaine) Leaves his dear and well beloved wife
Catherine Colclough oths Harper, his interest in the town and lands of Boley, held
under Vesey Colclough, by lease made by Caesar Colclough, decd, together with the
whole of his personal property, subject to his debts and legacies. Leaves his niece
Frances Byrne eldest daughter of Garrett Byrne of Hacketstown, County Carlow
£250, due him by said Vesey Colclough, provided she marries with consent of her
parents, but if she should marry against their consent, then to his niece Catherine
Byrne, with the same proviso, and should she marry without consent of her parents,
then to Colclough Byrne 2nd son of sd Garrett Byrne, and all provided testator should
die without lawful issue. Leaves to Richard Poor (Power) of Hornagh (Forenaught),
County Waterford, who was married to his sister Catherine Colclough deceased and
to his children, the sum of one shilling. Leaves £4 a year during the continuance of
his lease of Boley, for charitable purposes, as his wife shall think proper, In case
testator should leave lawful issue by his said wife Catherine Colclough, sd issue to
possess one half of his goods and chattels personal.
Appoints Thomas Houghton of Kilmannock, and Caesar Sutton of Longrague Exors.
Pattk Colclough.
Witness. Luke Walsh, Harvey Welman, Joseph Wale, Dated 26th May 1767.
Codicil, dated 23rd October 1767, Revokes bequest of £250 to his niece Frances
Byrne, or in default to his nephew Colclough Byrne, and whereas his said niece
Francis Byrne had married, leaves said £250 absolutely to her sole and separate use,
provided testator's wife, be not encient at the time of his death, and that he should
happen to die without issue, but in case he should leave issue, then said sum to his
wife and issue, share and share alike, Confirms appointment of Exors,
Witness present, Joseph Wale, Henry Welman.
Probate granted at Ferns to Catherine Colclough saving the rights of Exor named,
21st May, 1770
I, Dudley Colclough of Balecormick County Carlow, being now of perfect health,
mind and memory, and as I intend in a short time to go on a voyage to Spain, am
willing to settle my affairs in case of death, and therefore I now make this my last
will and testament, revoking all others will or wills, before made. I desire and my will
is, that all my just debts and funeral charges be fully satisfied, paid and discharged. I
leave and bequeath to my nephew John Colclough, the son of my brother John
Colclough, the sum of £80 stg, and in case he should die before the age of 14 years,
in such case sd £80 to be paid to my brother John Colclough's eldest son Thomas
Colclough, and in case of mortality in said Thomas Colclough, before the years of
sixteen, to the next eldest son of my brother John Colclough. I leave and bequeath to
my nephew James Byrne £10 stg, to buy him books, being son to my sister Margaret
Byrne of the County of Kilkenny. I leave £5 to the Clergy, to be paid and distributed
to such of them as my brother John Colclough thinks proper. I leave will and
bequeath all the rest and remainder of my worldly substance of what kind soever,
both real and personal, to my brother John Colclough of Wexford merchant. It is my
will and I do hereby order and direct my Executors hereafter named to pay unto my
brother John Colclough, as soon as they can gather in and recover all my sd worldly
substance, so as all my effects should be put into my sd brother John Colclough's
possession, and to take his obligation to pay the above legacies as above mentioned.
I nominate and appoint my brother Thomas Colclough Esqr, and Edward Sutton
Exors of this my last will and testament, as witness my hand and seal, this 8th day of
Decr 1733.
Dudley Colclough.
Witness present. Margaret Kelly, James Hayes, Ellen Talbott.
Endorsement Memo.
I do hereby certify that my brother Caesar Colclough Esqr, owes me, of the fortune
left me by my father, the sum of £270 and about £14 interest, this 8th of December,
1733.
Dudley Colclough.
Thomas Colclough and Edward Sutton having renounced, probate was granted in
the Diocese of Ferns to John Colclough brother of testator, 29th day of August 1739.
Administration to the Estate of Thomas Colclough of Wexford, intestate, granted in
the Prerogative Court Dublin, to Frances Colclough widow and relict, dated the 19th
of January 1741.
Administration subsequently granted to Richard Power and Dennis Dale, former
Adminix Frances Colclough relict, having died leaving affairs unsettled, dated 25th
March 1747. Recites a suit carried on between said admors, and Adam Colclough the
natural and lawful son of deceased, and John Colclough, merchant, the natural and
lawful brother of sd Thomas Colclough decd.
Adam Colclough of Crowsgrove or Colclough's Grove, Co Carlow.
Leaves his real estate, copyhold leases and all other leases in England, to John
Colclough son of John Colclough of Wexford Merchant, charged with legacies
hereinafter mentioned. Leaves to Frances Byrne daughter of Margaret Byrne decd,
the sum of £600 as first charge on his English Estate, and also leaves said Frances
Byrne his interest in his lease of Crowsgrove, together with his house, household
goods, and all other goods and chattels therein at the time of his death, provided his
Irish Estate shall be sufficient to pay his debts. Leaves Mary Colclough of Wexford,
£200, to be raised on his estate in England. Leaves to Thomas Colclough son of John
Colclough of Wexford,£200, over and above all debts due him and charged on his
English Estates. Leaves to Catherine Hill, otherwise Colclough, Beauchamp Colclough,
Patrick Colclough, and Caesar Colclough, the daughter and sons of Henry Colclough
Esqr, to be equally divided amongst them, share and share alike, and raised of his
English Estates. Leaves Doctor David Lynch of Carlow, £50 to be raised of English
Estates. Leaves Harriet Lynch, wife of Anthony Lynch of Fownes Street, Dublin, £100
to be raised on English Estates. Leaves all his interest in his lease of Rossard and
Booledarrogh, and whatever sums may accrue thereout to Adam Colclough, and also
leaves sd Adam Colclough, his interest in all other leases belonging to him in the
Duffrey. Direct his debts to be paid off his real estate in Ireland. Leaves the poor of
that part of the parish of Barragh which belongs to Doctor Maquire £20, to be raised
off his English Estate, and distributed as Dr. Maquire and Henry Colclough shall think
fit. Leaves Dr.Maquire the sum of £10, for such use as said Henry Colclough shall
appoint, to be raised on English Estate. Leaves John Colclough of Wexford, merchant,
the sum of £100, for such use as Henry Colclough Esqr, shall appoint, same to be
raised on English Estate. Leaves Mathew Wallis £1-2-9, and a black coat, same to be
raised on English Estate. Leaves his servant John Donnelly £5, and a suit of black
clothes, and his other servants £2, each and a black coat or gown, all to be raised out
of his English Estate. Leaves Robert Pringston, his holding at Crowsgrove, during the
time of his Adam Colclough's non lease thereof, paying such rent as Henry Colclough
shall adjudge. Leaves John Colclough of Wexford , and Henry Colclough,his interest in
his lease of the Tythes of Bannow, Co Wexford, and all his other leases in Ireland,
except those already bequeathed, they paying thereout £200, to John Colclough son
of John Colclough of Wexford. Provided always, in case his Estates in England be not
sufficient to pay the legacies thereon, directs his Exors to maintain and keep the sd
Frances Byrne in full and quiet possession of his house and lands of Crowsgrove
during the continuance of his lease thereof. Appoints John Colclough of Wexford,
merchant, Henry Colclough Esqr., and George Byrne of Cabinteeley Esqr., Executors.
Adam Colclough.
In witness, etc., 22nd December 1759.
Witness, Margaret Colclough, Francis Nowlan, Michael Nowlan.
Codicil (bearing no date) Leaves £50 to the children of Thomas Colclough of Ferns,
County Wexford, by his first wife or in failure of said children to any other children of
sd Thomas Colclough to be paid out of his English Estate. Adam Colclough.
Same witnesses. Probate granted by the Prerogative Court, Dublin to Henry
Colclough, and John Colclough, dated 18th January 1760.
Mary Colclough, als Montgomery, als Bingham of Dublin, widow, Administration to
will granted by the Prerogative Court, Dublin, to Fielding Ould of Dublin, dated the
12th July 1755.
Recites that administration had previously been granted to Lady Anne Bingham, the
grand mother of Vesey Colclough, a minor, the lawful son and next of kin, and
residuary legatee, named in sd will, and that certain business was still unsettled
between sd Lady Bingham and Caesar Colclough the grandfather and guardian of sd
Vesey Colclough.
Caesar Colclough of Mohurry, (Colonel Caesar)
Directs his body to be buried in the Church of Tintern, and his real estate being
already settled he directs his worldly substance to be disposed of as follows.
Leaves his dearly beloved wife, Henrietta Colclough, one of his best coaches or
chariots, with harness belonging, four of his best coach horses, and two saddle
horses, six milk cows, four bullocks, and a score of weathers, a chair, or a bench cart
with its utensils, she to choose them. Leaves his wife the use for her life of his plate
and household furniture at Mohurry, and after her death, to the absolute use of his
son Adam Colclough. Recites that by Act of Parliament £2000 is charged on his real
estate, to be recovered by John Jarvis White Esqr, and applied in discharge of such of
his debts after his death, as do not affect his real estate, and as he shall direct by his
last will, directs that said John Jarvis White shall, as soon as said sum of £2000 be
raised as ordered by Act of Parliament, apply the same, or so much of it as may be
required, in payment of such debts, and the remainder, if any, if such be deemed as
part of his assets, he leaves to his son Adam Colclough. Recites that he has been
advised that he has a just right and title to the estate or part of the estate of Adam
Colclough, late of Crowsgrove, or Colclough's Grove in the County of Carlow
deceased, and that a suit has been, or will be commenced against Caesar Sutton
Esqr, and others, in his Caesar Colclough’s name, and directs that whatever may be
recovered in his favour, concerning his right or demand upon sd estate, shall be for
the sole use and benefit of his sd Son Adam Colclough. Leaves his stock of cattle,
cows, sheep, horses, mares, and mules, corn and hay, his household furniture at
Tintern, and all his firearms and other arms, ready money, rents and arrears of rents,
and all his assets, effects and worldly substances, not already herein before disposed
of, to his said dearly beloved wife, and also and every Estate or Estates in lands
tenements and hereditaments which he may be already entitled to (save his real
estate, already limited and settled by deeds and Acts of Parliament) or which during
his life, may descend to him as heir at law, or next of kin, or by will or otherwise to
his said son Adam Colclough, subject to such part of his just debts as will not effect
his said estate after his death, so far as said sum of £2000 may happen to fall short of
discharging the same, and also subject to his funeral expenses, and wages due
servants, and liable to a legacy of £400, which he leaves to his good friend and
faithful servant Mary Blanchville. Appoints his son the sd Adam Colclough, sole
Executor and residuary legatee.
Caesar Colclough.
In witness etc., the 9th October 1765
Migth put soem photos on sometime...
John
Some more wills, i hope they're of interest.
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.
Patrick Colclough of Boley (and Dunmaine) Leaves his dear and well beloved wife
Catherine Colclough oths Harper, his interest in the town and lands of Boley, held
under Vesey Colclough, by lease made by Caesar Colclough, decd, together with the
whole of his personal property, subject to his debts and legacies. Leaves his niece
Frances Byrne eldest daughter of Garrett Byrne of Hacketstown, County Carlow
£250, due him by said Vesey Colclough, provided she marries with consent of her
parents, but if she should marry against their consent, then to his niece Catherine
Byrne, with the same proviso, and should she marry without consent of her parents,
then to Colclough Byrne 2nd son of sd Garrett Byrne, and all provided testator should
die without lawful issue. Leaves to Richard Poor (Power) of Hornagh (Forenaught),
County Waterford, who was married to his sister Catherine Colclough deceased and
to his children, the sum of one shilling. Leaves £4 a year during the continuance of
his lease of Boley, for charitable purposes, as his wife shall think proper, In case
testator should leave lawful issue by his said wife Catherine Colclough, sd issue to
possess one half of his goods and chattels personal.
Appoints Thomas Houghton of Kilmannock, and Caesar Sutton of Longrague Exors.
Pattk Colclough.
Witness. Luke Walsh, Harvey Welman, Joseph Wale, Dated 26th May 1767.
Codicil, dated 23rd October 1767, Revokes bequest of £250 to his niece Frances
Byrne, or in default to his nephew Colclough Byrne, and whereas his said niece
Francis Byrne had married, leaves said £250 absolutely to her sole and separate use,
provided testator's wife, be not encient at the time of his death, and that he should
happen to die without issue, but in case he should leave issue, then said sum to his
wife and issue, share and share alike, Confirms appointment of Exors,
Witness present, Joseph Wale, Henry Welman.
Probate granted at Ferns to Catherine Colclough saving the rights of Exor named,
21st May, 1770
I, Dudley Colclough of Balecormick County Carlow, being now of perfect health,
mind and memory, and as I intend in a short time to go on a voyage to Spain, am
willing to settle my affairs in case of death, and therefore I now make this my last
will and testament, revoking all others will or wills, before made. I desire and my will
is, that all my just debts and funeral charges be fully satisfied, paid and discharged. I
leave and bequeath to my nephew John Colclough, the son of my brother John
Colclough, the sum of £80 stg, and in case he should die before the age of 14 years,
in such case sd £80 to be paid to my brother John Colclough's eldest son Thomas
Colclough, and in case of mortality in said Thomas Colclough, before the years of
sixteen, to the next eldest son of my brother John Colclough. I leave and bequeath to
my nephew James Byrne £10 stg, to buy him books, being son to my sister Margaret
Byrne of the County of Kilkenny. I leave £5 to the Clergy, to be paid and distributed
to such of them as my brother John Colclough thinks proper. I leave will and
bequeath all the rest and remainder of my worldly substance of what kind soever,
both real and personal, to my brother John Colclough of Wexford merchant. It is my
will and I do hereby order and direct my Executors hereafter named to pay unto my
brother John Colclough, as soon as they can gather in and recover all my sd worldly
substance, so as all my effects should be put into my sd brother John Colclough's
possession, and to take his obligation to pay the above legacies as above mentioned.
I nominate and appoint my brother Thomas Colclough Esqr, and Edward Sutton
Exors of this my last will and testament, as witness my hand and seal, this 8th day of
Decr 1733.
Dudley Colclough.
Witness present. Margaret Kelly, James Hayes, Ellen Talbott.
Endorsement Memo.
I do hereby certify that my brother Caesar Colclough Esqr, owes me, of the fortune
left me by my father, the sum of £270 and about £14 interest, this 8th of December,
1733.
Dudley Colclough.
Thomas Colclough and Edward Sutton having renounced, probate was granted in
the Diocese of Ferns to John Colclough brother of testator, 29th day of August 1739.
Administration to the Estate of Thomas Colclough of Wexford, intestate, granted in
the Prerogative Court Dublin, to Frances Colclough widow and relict, dated the 19th
of January 1741.
Administration subsequently granted to Richard Power and Dennis Dale, former
Adminix Frances Colclough relict, having died leaving affairs unsettled, dated 25th
March 1747. Recites a suit carried on between said admors, and Adam Colclough the
natural and lawful son of deceased, and John Colclough, merchant, the natural and
lawful brother of sd Thomas Colclough decd.
Adam Colclough of Crowsgrove or Colclough's Grove, Co Carlow.
Leaves his real estate, copyhold leases and all other leases in England, to John
Colclough son of John Colclough of Wexford Merchant, charged with legacies
hereinafter mentioned. Leaves to Frances Byrne daughter of Margaret Byrne decd,
the sum of £600 as first charge on his English Estate, and also leaves said Frances
Byrne his interest in his lease of Crowsgrove, together with his house, household
goods, and all other goods and chattels therein at the time of his death, provided his
Irish Estate shall be sufficient to pay his debts. Leaves Mary Colclough of Wexford,
£200, to be raised on his estate in England. Leaves to Thomas Colclough son of John
Colclough of Wexford,£200, over and above all debts due him and charged on his
English Estates. Leaves to Catherine Hill, otherwise Colclough, Beauchamp Colclough,
Patrick Colclough, and Caesar Colclough, the daughter and sons of Henry Colclough
Esqr, to be equally divided amongst them, share and share alike, and raised of his
English Estates. Leaves Doctor David Lynch of Carlow, £50 to be raised of English
Estates. Leaves Harriet Lynch, wife of Anthony Lynch of Fownes Street, Dublin, £100
to be raised on English Estates. Leaves all his interest in his lease of Rossard and
Booledarrogh, and whatever sums may accrue thereout to Adam Colclough, and also
leaves sd Adam Colclough, his interest in all other leases belonging to him in the
Duffrey. Direct his debts to be paid off his real estate in Ireland. Leaves the poor of
that part of the parish of Barragh which belongs to Doctor Maquire £20, to be raised
off his English Estate, and distributed as Dr. Maquire and Henry Colclough shall think
fit. Leaves Dr.Maquire the sum of £10, for such use as said Henry Colclough shall
appoint, to be raised on English Estate. Leaves John Colclough of Wexford, merchant,
the sum of £100, for such use as Henry Colclough Esqr, shall appoint, same to be
raised on English Estate. Leaves Mathew Wallis £1-2-9, and a black coat, same to be
raised on English Estate. Leaves his servant John Donnelly £5, and a suit of black
clothes, and his other servants £2, each and a black coat or gown, all to be raised out
of his English Estate. Leaves Robert Pringston, his holding at Crowsgrove, during the
time of his Adam Colclough's non lease thereof, paying such rent as Henry Colclough
shall adjudge. Leaves John Colclough of Wexford , and Henry Colclough,his interest in
his lease of the Tythes of Bannow, Co Wexford, and all his other leases in Ireland,
except those already bequeathed, they paying thereout £200, to John Colclough son
of John Colclough of Wexford. Provided always, in case his Estates in England be not
sufficient to pay the legacies thereon, directs his Exors to maintain and keep the sd
Frances Byrne in full and quiet possession of his house and lands of Crowsgrove
during the continuance of his lease thereof. Appoints John Colclough of Wexford,
merchant, Henry Colclough Esqr., and George Byrne of Cabinteeley Esqr., Executors.
Adam Colclough.
In witness, etc., 22nd December 1759.
Witness, Margaret Colclough, Francis Nowlan, Michael Nowlan.
Codicil (bearing no date) Leaves £50 to the children of Thomas Colclough of Ferns,
County Wexford, by his first wife or in failure of said children to any other children of
sd Thomas Colclough to be paid out of his English Estate. Adam Colclough.
Same witnesses. Probate granted by the Prerogative Court, Dublin to Henry
Colclough, and John Colclough, dated 18th January 1760.
Mary Colclough, als Montgomery, als Bingham of Dublin, widow, Administration to
will granted by the Prerogative Court, Dublin, to Fielding Ould of Dublin, dated the
12th July 1755.
Recites that administration had previously been granted to Lady Anne Bingham, the
grand mother of Vesey Colclough, a minor, the lawful son and next of kin, and
residuary legatee, named in sd will, and that certain business was still unsettled
between sd Lady Bingham and Caesar Colclough the grandfather and guardian of sd
Vesey Colclough.
Caesar Colclough of Mohurry, (Colonel Caesar)
Directs his body to be buried in the Church of Tintern, and his real estate being
already settled he directs his worldly substance to be disposed of as follows.
Leaves his dearly beloved wife, Henrietta Colclough, one of his best coaches or
chariots, with harness belonging, four of his best coach horses, and two saddle
horses, six milk cows, four bullocks, and a score of weathers, a chair, or a bench cart
with its utensils, she to choose them. Leaves his wife the use for her life of his plate
and household furniture at Mohurry, and after her death, to the absolute use of his
son Adam Colclough. Recites that by Act of Parliament £2000 is charged on his real
estate, to be recovered by John Jarvis White Esqr, and applied in discharge of such of
his debts after his death, as do not affect his real estate, and as he shall direct by his
last will, directs that said John Jarvis White shall, as soon as said sum of £2000 be
raised as ordered by Act of Parliament, apply the same, or so much of it as may be
required, in payment of such debts, and the remainder, if any, if such be deemed as
part of his assets, he leaves to his son Adam Colclough. Recites that he has been
advised that he has a just right and title to the estate or part of the estate of Adam
Colclough, late of Crowsgrove, or Colclough's Grove in the County of Carlow
deceased, and that a suit has been, or will be commenced against Caesar Sutton
Esqr, and others, in his Caesar Colclough’s name, and directs that whatever may be
recovered in his favour, concerning his right or demand upon sd estate, shall be for
the sole use and benefit of his sd Son Adam Colclough. Leaves his stock of cattle,
cows, sheep, horses, mares, and mules, corn and hay, his household furniture at
Tintern, and all his firearms and other arms, ready money, rents and arrears of rents,
and all his assets, effects and worldly substances, not already herein before disposed
of, to his said dearly beloved wife, and also and every Estate or Estates in lands
tenements and hereditaments which he may be already entitled to (save his real
estate, already limited and settled by deeds and Acts of Parliament) or which during
his life, may descend to him as heir at law, or next of kin, or by will or otherwise to
his said son Adam Colclough, subject to such part of his just debts as will not effect
his said estate after his death, so far as said sum of £2000 may happen to fall short of
discharging the same, and also subject to his funeral expenses, and wages due
servants, and liable to a legacy of £400, which he leaves to his good friend and
faithful servant Mary Blanchville. Appoints his son the sd Adam Colclough, sole
Executor and residuary legatee.
Caesar Colclough.
In witness etc., the 9th October 1765
Saturday, 1 June 2013
Some more documents
i was sorry to miss the Gathering I think we all need to meet up sometime.
Some more random documents, these are closer to home for me...
Happy reading
John
Equity Exchequer Bill. New Record Court. Dublin.
22nd Feby 1736.
John Hyde. Plaintiff.
Dennis Dale and Mary his wife & others Defendants.
Recites Act 2nd Queen Anne prohibiting Papists from holding real estate, Recites that
Adam Colclough of Criggs, (Boley) County Wexford, married Mary Ford in the year
1720 and died in 1734, that Mary was at the time of her marriage, a Papist, and
continued so, and that she was now the wife of Dennis Dale, and prayed to be put
into possession of the property as a Protestant Discoverer.
Equity Exchequer Bill, New Records Court, Dublin.
Bill dated 1st Feby 1737
Patrick Colclough Plaintiff.
Caesar Colclough, Catherine Colclough, Garret Byrne and Frances Byrne otherwise
Colclough his wife, Thomas Colclough and Abraham Tobin, Executors of Adam
Colclough deed, and Christopher Ussher, Defendants.
Recites that Patrick Colclough is eldest son and heir of Adam Colclough of Kilteeley
(Boley) one of the younger brother's of Dudley Colclough of Mohurry. Recites Deed
of marriage settlement, between said Adam, and Margaret Masterson, said Patrick’s
mother, dated January 1701. Said Margaret died sometime in 1716, Adam died April
1735, leaving said Patrick, Catherine and Frances.
Equity Exchequer, Decree, in the above suit.
Dated 19th June, 1738.
Recites as above, and recites that Thomasina Masterston was widow of Richard
Masterson, and mother of Margaret Colclough (otherwise Masterson) and that
Thomas Masterson was said Margaret’s brother. Recites voluntary deed of 1st August
1717, made by Adam Colclough of Graige, and to which deed Caesar Colclough of
Rosegarland, and John Walsh of Monyseed, were parties. And decrees that said
Voluntary deed be set aside and that Plaintiff is entitled to a decree in the sum of
£500 under said settlement of 1701, with interest at 8 per cent and same to stand a
charge on the Manor of Tintern, the Estate of Defendant Caesar Colclough pursuant
to deed of 17th of March 1714, made by Margaret Pigott Colclough.
Equity Exchequer Bill, New Record Court, Dublin.
Bill Dated 12th September 1740.
James Duckitt. Plaintiff.
Dennis Dale & wife, Ford, Colclough, Tobin & others Defts.
Recites, Act 2nd Queen Anne, Recites marriage of Adam Colclough of Graige, and
Mary, daughter of Andrew Ford, of Ballyfad, County Wexford, and that there was
issue six children, four of whom were then dead, leaving a son and a daughter, viz.
Anthony and Mary still surviving and who are made parties to this suit. Recites that
Adam Colclough, Mary his wife, Patrick Colclough, (son by 1st wife) and Andrew Ford,
were, and are now Papists, and that Plaintiff is a Protestant discoverer, and claims
Estates.
Cause Papers, New Record Court.
Colclough v Sutton - Thomas Colclough dec’d, 17th Nov, 1741.
Order of Citation to William Sutton pretended Principal Creditor of Thomas
Colclough, late of Wexford dec’d, or Henry Constable Notary Public his Proctor, to
shew cause why administration to goods of said Thomas Colclough should not be
granted to Frances Colclough, widow and relict.
Equity Exchequer Bill, New Record Court, Dublin.
Bill filed 16th June 1742.
Caesar Colclough Plaintiff.
Abraham Tobin & others Defendants.
Recites that Frances, daughter of Adam Colclough, married Garrett Byrne of
Ballymannus, Co.Wicklow, and that Catherine, her sister, married Richard Power of
Forenaught, County Waterford, see E.E.Decree 27 Jany 1745.
Equity Exchequer Bill, New Record Court, Dublin.
Bill filed 14th April 1743,
Abraham Tobin Executor of Adam Colclough, Anthony Colclough, and Mary
Colclough, infants, plaintiffs.
Dennis Dale & wife, Richard Power & wife and several others Parties
Defendants.
Recites that said Tobin is surviving executor of Adam Colclough of Boley, dec’d,
recites that Anthony Colclough and Mary Colclough the surviving children of said
Adam by his second wife, are infants, that Adam was entitled to the Townsland of
Kilteeley and Duneen, under a lease from Dudley Colclough of Mohurry, said Adam’s
eldest brother, and dated in the year 1701, and also possessed of considerable
property and sums of money. Recites marriage of said Adam with Margaret
Masterson, and that there was issue of said marriage, Patrick, Richard, Catherine,
Frances and Thomasina, and that said first wife died in 1715, recites the voluntary
deed of gift, 6th August, 1717, recites that said Thomasina married 17th March 1724,
Anthony Doyle of Arklow, Merchant, without the consent and against the wishes of
her father. Recites that said Richard Colclough, died unmarried without issue, recites
that said Adam Colclough married secondly, in Jany 1720, Mary daughter of Andrew
Forde of Ballyfad, Co.Wexford and had issue by her six children, recites that said
Adam died 10th March 1734, recites several Bills previously filed in this matter,
recites that Thomas Colclough, the nephew of said Adam, and joint Executor, with
said Tobin, died in May 1741, recites that said Mary intermarried with said Dennis
Dale, shortly after the death of said Adam, recites death of four of the children of
said Adam by said Mary intestate and unmarried, recites that Catherine eldest
daughter of said Adam by first wife, married Richard Power and that Frances 2nd
daughter, married Garrett Byrne, recites that said Thomas Colclough died intestate
in Dublin, at the house of his brother Caesar Colclough, and that his widow Frances,
administered to his estate, and prays that said Anthony and Mary, may be declared
entitled to their proper share of their said father's effects.
Copied from Brief Colclough v Colclough,1865
Memorial Registered 14th July, 1744.
A Memorial of Articles of Agreements, bearing date the 23rd day of April 1744, made
between Caesar Colclough Esq. and Vesey Colclough Esq., his eldest son and heir
apparent, for the settling of the Estate of Mohurry and Tintern, in the County of
Wexford, and all their estate in this Kingdom of Ireland, raising money for the
discharge of debts due by said Caesar, securing proper provisions for the said
Caesar’s younger children, and also maintenance for the said Vesey Colclough, and it
is thereby agreed between them that fines and recoveries should then immediately
be levied and suffered of said estate,etc., see Act of Parliament, 1746.
Copied from Brief in Colclough v Colclough 1865.
Fine levied and Recovery Suffered, by Caesar Colclough Easter Term, 1744, of the
Tintern and Mohurry Estates, in pursuance of agreement between said Caesar and
his eldest son Vesey.
Note: these proceeding were vitiated, owing to the death of said Vesey while
matters were in progress.
Bermingham Tower, Castle, Dublin.
Heads of a Bill for relief of Creditors, and younger children of Caesar Colclough of
Mohurry and Tintern, Dated 1st January 1745, and for settling maintenance on Vesey
his grandson, recites names of younger children, see Act. 1746.
Equity Exchequer Decree, New Record Court, Dublin.
Dated 27th January 1745.
Dennis Dale and Mary his wife, Plaintiffs.
Abraham Tobin surviving executor of Adam Colclough dec’d, Anthony and Mary
Colclough, minors by their guardian the said Abraham Tobin, and Dominic Ford,
Defendants.
Recites that Plaintiff exhibited his Bill in the Exchequer 21st Feby 1736, therein
setting forth that said Adam did about the year 1720, and immediately previous with
his marriage with Mary daughter of Andrew Forde, execute an agreement that
within six months of said marriage he would execute marriage settlements, securing
his said wife in a jointure of £40 per annum, but that said promised settlement had
never been perfected; that said Adam, at the time of his said marriage, was
possessed of a large and considerable fortune. That said Adam executed his Will on
the 9th of Feby 1734 and died about the 10th of March, 1734. That said Adam left six
children by Plaintiff Mary, viz. Anthony, Mary, Caesar, Elinor, Adam, and Thomas,
and that four of the said children are since dead intestate, and under age, and that
plaintiffs claimed that their shares should be distributed amongst the two survivors.
That said Adam died possessed of a personal Estate in Chattel, interest, debts due to
him, ready money, goods, and other effects to the amount of £8,000, which or the
greater part thereof, had come into the hands of his executors, and that said Adam
had no real estate at time of said marriage or ever afterwards, on which to secure
the said Mary her said jointure of £40 per annum. And praying that so much of the
personal estate as was necessary, should be invested for that purpose; And also that
said Mary should be paid a legacy of £400 under said Adam’s Will, and also that
there should be a distribution of the residue, amongst said Mary and her two
surviving children.
Thomas Colclough and Abraham Tobin, executors of Adam Colclough, filed answers
on the 5th November, 1737, admitting the general correctness of said Bill, but that
the amount of effects was overstated, and denys that said plaintiffs, Dennis and
Mary, are entitled to a share in distribution of said effects, but that the whole
should be divided between the two surviving children, and quotes clause in said
Adam’s Will, leaving legacy of £400 to his widow if she did not marry again, and but
£300 if she did, and claimed that said legacy was in clear of said promised jointure of
£40 per annum, and denys the several charges of neglect and misappropriation, says
that said Adam had a lease for lives renewable, of the Townsland of Kiltyley and
Duneen, from his brother Dudley, and which was settled on issue of his first
marriage, and was then possessed by Patrick Colclough, eldest son of Adam, and that
said Adam has no other real estate, and produced schedules and Executors accounts
etc., And said Anthony and Mary by their Guardians, the executors, filed answer on
the 28th April 1738 (in effect the same as the previous one).
And the plaintiffs upon death of said Thomas Colclough, did in Hillary term 1741,
revive said Bill of 21st February 1736. Recites that Dominic Ford is administrator of
the Will of Andrew Ford, that said Thomas died intestate, and that administration
was granted to his widow Frances Colclough,
And said Frances filed answer 16th February 1742, and said Dominic filed answer 17th
February, 1742, and said Abraham Tobin and Anthony and Mary Colclough filed
answer 2nd July, 1743, and claim as offsets, certain sums paid by said Abraham
Tobin ”On account of Dyet, Lodging, Cloathing, and Schooling for said Defendants
Anthony and Mary, who since the death of said Thomas Colclough, had been left
destitute without the care or assistance of any of their said father’s friends or
relations”. Recites that Frances, widow of said Thomas, died in the latter end of the
year 1743. Decrees refers all matters to chief Remembrancer.
Copied Brief in Colclough v Colclough 1865.
Act of Irish Parliament, dated 4th April 1746.
Whereas Caesar Colclough was, on the 23rd day of April 1744, tenant for life of the
townsland, tenements and hereditaments hereinafter mentioned, that is to say
the townsland of Mohurry, Coolree, Wheelagoure, Rahenrocke, Colevane,
Culeneen, Kiltealy, Duneen, Knocknemilic, Curraduff, Cullintraby, Cullantramore,
three parts of Mangan, Tincurry, Ballibrien, Ballynemenanagh and Davidstown,
the one half of Ballylosky, the third part of Ballintrany, and Ballydorogh, the one
half of Shraghmore, and the third part of Templeshanbo, Kilroshe, half of
Rossard, the one half of Ballynabanogue, the one half of Ballynecullagh, the one
half of Moneyperson, Glaslasky, a third part of Ballyneverane, Mulbrany, the third
part of Rylane, Castlekirk, and Killmashill, the sixth part and another third part,
and the eleventh part of the said third part Annagh Tombrick, the one half of
Tomcurry, the one half of Knockduffe, Clonabrine, commonly reputed and known
by the name of Mocurry Estate. The Manor of Tintern, with the appurtenances
and the scite, circuit, ambit, and precinct of the Abbey, Monastery, and religious
house, of Tintern, the town, and lands of Tintern, CastleIsle, CastleMoraghoe,
alias Castleworkhouse, Newtown, Saltmills, Ballygarret, Cappaclanane, Gibstown,
Keerans, alias St.Keiran, Garrycullan, Tallaghe, St.Leonards ,Ballyhackby,
Curraghmore, Milltown, Rathumney, Dunmane, Ballyfleming, Ballytarsney,
Garryduff, Booley, Yoletown, Christown, Scartdown, alas Owenduffe,
Tobernasson, Gayneston, Kineagh, Coolerin, Ballycullan,Ballinrowan,Duraght,and
Priestown, Brandon,Ballycrosse, Pullinstown, Ballybought, Grange of Kilmore, &
Castletown, Banno with the Watercourse and Ferry, of Banno aforesaid, and
Castletown, Ballywilliam,Tithes of the parishes of Tintern and Clonmines, tythes of
the Island of Banno, tythes of Kilmore, tythes of St.Molines, in the County of
Catherlogh, Several houses and parcels of ground in or near Wexford, commonly
called the Tintern Estate, which said several towns, lands, tenements, and tythes,
are situated in the Counties of Wexford and Catherlagh, (of which said several
lands, tenements, and hereditaments are of the present clear yearly value of
£2,200, and will by the fall of leases, be nearly £1000 a year more in twelve years)
with remainder to Vesey Colclough Esq., eldest son of said Caesar, in tail male,
with several remainders over, under a Quadripartite deed of settlement, dated
the 10th day of March 1719, and made between the said Caesar Colclough of the
1st part. Margaret Pigott Colclough of Tintern, in the County of Wexford, widow,
since deceased, of the 2nd part, the Right Rev, Father in God, Sir Thomas Vesey,
Bart, Lord Bishop of Ossory, since deceased of the 3rd part, and Agmondisham
Vesey, of Lucan in the County of Dublin, since deceased, and Richard Le Hunt of
Artramon in the County Wexford, Esq., of the 4th part, upon the intermarriage of
the said Caesar with Frances Muschamp Vesey, since deceased, the daughter of
the said Lord Bishop, in which said deed is recited a deed of settlement of the
Mohurry estate, Tripartite and dated the 6th of March 1700, and made between
Dudley Colclough of Mohurry, in the County of Wexford Esq., since deceased, the
said Caesar's father, of the first part, Sir Thomas Butler of Garryhundon in the
County of Catherlogh, Bart, since deceased, and Nicholas Barnewall of Domicky, in
the County of Dublin Esq., since deceased of the 2nd part, and Robert Leigh, of
Rosegarland in the County of Wexford Esq., since deceased of the 3rd part: And
whereas by Articles of Settlement upon the intermarriage of the said Caesar with
his present wife, daughter of the said Agmondisham Vesey, and mother of said
Vesey Colclough, and dated the 18th of July 1721, the sum of £3,000 was provided
for the younger children of said Caesar, to be raised out of the towns and lands of
Lucan in the County of Dublin, and other the lands late the estate of the said
Agmondisham: And whereas the said Caesar Colclough and Vesey Colclough his
eldest son did, by certain articles dated the 23rd April 1744, agree to settle the
estates of Mohurry and Tintern, and all their estate in the said Counties of
Wexford and Catherlogh, to raise money for discharge of debts due from the said
Caesar, and to secure proper provisions for the said Caesar’s younger children,
and also a maintenance for the said Vesey, and to levy fines and to suffer
recoveries of the said Estate, in order to enable them to call in and receive the
said £3000 charged as aforesaid: And the said Caesar and Vesey did thereby
agree that the said sum of £3000 should be applied towards the discharge of the
said Caesar's debts, and to raise the sum of £6000, as a charge on the said Estates
of Mohurry and Tintern, for the said younger children of the said Caesar, to be
disposed of by the said Caesar and Vesey, in Lieu of the £3000 chargeable on the
estate on the said Agmondisham Vesey for the said children’s portions, and
further that some part of the said estate of Mohurry and Tintern should be
conveyed to trustees, to be to be applied for the discharge of the interest of the
said £6000, and for paying the said Vesey £250 a year and £100 immediately to
discharge the said Vesey’s particular debts, and the said Caesar and Vesey his son,
did by their said articles further agree settlement be made in proper form of their
whole estate, with power to be settled such jointure on any wife that Vesey
should marry, as the [said] Caesar and Vesey should appoint, and with remainders
as usual in family settlements, and with a power to the said Caesar and Vesey,
jointly to charge the said estates, with any sum or sums they should agree to
appoint, and whensoever the suit depending for recovery of Dunmain, between
the said Caesar and Aaron Lambert, or the said Caesar’s suit concerning the lands
of Rylane should be at an end, that the said Caesar should have by the said
intended settlements, a further yearly sum of £50 out of the lands when
recovered, and further that the said Vesey’s maintenance should commence from
the 1st May 1744, and should continue to said Vesey's marriage, and that upon
the said Vesey getting £10,000 or £12,000 portion with a wife, or such other sum
as the said Caesar and Vesey should agree to, the said Caesar and Vesey were to
enjoy the said whole estate by moities, and the said portion was to be in
discharge of the incumbrances affecting the estate, and it was further agreed
between them, that if the said £3000 should not be sufficient to discharge the
said Caesar's debts, and the said Vesey should join in raising more for that
purpose that then the said £50 a year, the addition to the said maintenance,
should be enlarged to a £100 a year; And whereas fines and recoveries were
levied and suffered in pursuance of the said articles, and the said Vesey soon after
intermarried without the consent of the said Caesar. And whereas, after the
marriage of the said Vesey, certain articles were entered into between the said
Caesar and Vesey, dated 17th January 1744 in pursuance of which a family
settlement was made, by which it was agreed, that the said Caesar give the said
Vesey £400 a year, out of such part of his estate as they should agree upon before
the execution of such settlement, and that the said Vesey should have power to
raise thereout £2000, for his sole and proper use, the interest whereof was to be
paid or the interest of the money for the use of said Caesar, and that the said
Vesey should have £300 a year, of the said £400 settled on him and his heirs, and
at his own disposal after the said Caesar's death and should have power to charge
the estate after the said Caesar’s death, with £3,000 for the provision of his
younger children, and a jointure of £400 a year for any wife, and to charge by will
the said £400 to be settled, with £3,000 for younger children, if the said Vesey
should die in the lifetime of said Caesar; And it was further agreed that the said
Vesey should join in raising £7000 for provisions for the said Caesar's younger
children, and also consent that the said Caesar should have the said £3000
secured upon the Lucan Estate, and should join the said Caesar in raising of £2000
on their estate at large, besides the £1000 already raised to be at the said
Caesar’s disposal, and that the said £7000 to be raised for the provision of the
said Caesar’s younger children should be disposed of amongst them, in such
manner as the said Caesar and Henrietta his wife, or the survivors of them should
appoint, and it was further agreed that upon perfection of a proper deed,
pursuant to this agreement, all the articles, of agreement before entered should
be cancelled, and that the said Caesar should give possession of lands, for the
payment of the interest of such sums as he should borrow upon a mortgage of
those lands. And whereas soon after the perfection of the said last recited
articles, the said Vesey Colclough came to the city of Dublin, with an intent to
have the said settlement drawn and perfected, but in a few days fell ill, and after
a very short illness, and before a settlement could be prepared pursuant to the
said articles, that the said Vesey died intestate, leaving his wife encient, who hath
lately been delivered of a son, named Vesey, so that the said articles could not be
carried into execution as was intended, to the great prejudice of said Vesey's
Family, as well as the said Caesar. And whereas Mary Colclough, widow and relict
of the said Vesey hath been appointed guardian by the Court of Chancery, to the
said Vesey her son, which said Vesey is left in a very destitute condition, and
without any manner of provision for his support by the death of his said father,
before the said last recited articles could be effectually carried into execution,
whereupon the said Caesar his grandfather, and the said Mary have come to an
agreement to make provisions for immediate support and education of said
Vesey, in manner hereinafter mentioned, that is to say-£130 a year until he is 13
years old, and £200 a year after until he is 21 years, and after that £400 a year
during the joint lives of the said Caesar and his grandson Vesey, and the said
Caesar has agreed to set out lands of greater yearly value than the said several
payments. And whereas the said Caesar hath four younger sons and six daughters
Agmondisham, Adam, Thomas, and Richard, Frances, Mary, Margaret, Harriet,
Anne, and Lora, for whom a very small provision is made by the said Caesar's
marriage settlement, and the said Caesar's debts which will not affect the said
real estate after the said Caesar's death, are computed to amount to £5000. And
whereas the said Caesar hath laid out and expended large sums of money upon
the lands and premises so settled, equal to the debts now owed by him and
thereby greatly improved the inheritance thereof in their annual value. And
whereas, the prosecution of a suit in equity, upon the said articles perfected by
the said Caesar and Vesey, in the names of the said Caesar's creditors, against
him, his wife, and all his children, and trustees in the said settlement, and against
the said Agmondisham Vesey, or those entitled to the said Lucan estate, which is
subject to the said £3000, and against the said posthumous child, would on
account of the number of parties and the minority of some of them, be very
tedious, and the circumstances of the said Caesar and his said creditors and
younger children require a speedy remedy. Wherefore the said Caesar Colclough
on behalf of himself and of his said creditors and younger children and Mary
Colclough, mother and guardian of said Vesey, on behalf of her said son, pray it
may be enacted. And be it enacted by the King’s most excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal and Commons in
the present Parliament assembled, and by the authority of the same that all the
said lands, tenements and hereditaments, hereinbefore expressed, with their
appurtenances, be from the 25th March 1746, vested in the actual sessions of
John Lyons, of the City of Dublin Esq., and William Bridges of Mount Fin, in the
County of Wexford, Esq., and their heirs, to the use, intents and purposes, herein
after mentioned, that is to say as to the towns and lands of Grange of Kilmore,
Ballyroan, and Kinnegh, of the clear yearly value £137-12-6 to the use of the said
Vesey Colclough during the joint lives of the said Caesar and Vesey, and to the
lands of Garrycullan and St. Keirans of the clear yearly value of £95-16-6 to the
use of the said Caesar for 13 years, from the 25th March 1746, and after expiration
of that term to the use of the said Vesey during the joint lives of the said Caesar
and his said grandson. And as to the towns and lands of St. Leonards, Ballyhackby,
Coolroe, Ballytarsney, Castletown and Ballybought otherwise Roestown, of the
clear yearly value of £175, to the use of the said Caesar for 21 years, from the 29th
September, 1745, and after the expiration of that term, to the use of said Vesey,
during the joint lives of the said Caesar and his grandson. And it is hereby
declared, that the rents issues, and profits of the said lands, shall and may be paid
to the said Mary Colclough while she shall continue guardian and to any other
guardian who may be hereafter appointed for the education and maintenance of
the said Vesey Colclough. And as to all and singular, the said other towns, lands,
tenements, and hereditaments, with their appurtenances, to the intent and
purpose that the said John Lyons and William Bridges and their heirs shall and
may by sale and sales and mortgage or mortgages of the same and, or competent
part thereof, levy and raise, (as soon as conveniently may be) in the first place
such sums of money as will be sufficient to defray the expense of passing this Act,
and also as much money as will pay the debts of the said Vesey, eldest son of the
said Caesar, so as the said Mary, widow of said Vesey, be entirely discharged
therefore, and not to exceed the sum of £400. And in the next place, to raise the
sum of £2000, to be paid by them unto John Jervaise White, of Ballyellis, County
Wexford Esq., his executors, and administrators upon trust, to apply the same in
discharge of such of the said Caesar's debts (which will not affect his real estate
after his death) as he the said Caesar shall by any deed or writing, or by his last
will, direct and may by sale etc., or mortgage of the residence of the said lands,
and or a competent part thereof, raise and levy the sum of £7000 for the younger
children, and when the said sums are raised, then the said trustees shall and may
by sale etc., or mortgage of the residue of the said lands etc., or competent part
thereof, raise and levy the sum of £7,000 for the said younger children, to be paid
and distributed amongst them, as the said Caesar and the said Henrietta, or the
survivor shall appoint. And after the payment of the said sums of £2000 and
£7000, and the expenses and debts aforesaid, and the payment of the aforesaid
rents, payable to the said Vesey, to the intent and purposes that the said trustees
etc., shall stand seized of such part of the said before mentioned lands etc., as
shall remain unsold, and the equity redemption of such part thereof as shall be
mortgaged, to the use of the said Caesar, for and during the term of his natural
life, and from and after his decease, to the use of such person or persons, for such
estates, trusts, and intents, as he or they are now entitled unto, freed and
discharged from any provision heretofore made or intended to be made for the
younger children of the said Caesar by the said settlement Articles or either of
them, or any other deed whatsoever, provided always, and be it enacted by the
authority aforesaid, that the said Caesar Colclough, shall pay and discharge all quit
rent and crown rents, and all debts, charges and encumbrances payable out of or
any way effecting the said lands and premises, or any part thereof, settled on the
said Vesey, or otherwise indemnify and save him harmless therefrom, so that he
the said Vesey may receive the full maintenance settled upon him as aforesaid,
provided also that the said Caesar shall and may settle such jointure or any other
after to be taken wife not exceeding £400 a year, and make such lease or leases of
all and every of the said lands, and premises not settled on the said Vesey for his
maintenance as aforesaid, and that shall not be sold for the purpose aforesaid,
not exceeding 31 years, or 3 lives in possession, and not in reversion, at the best
improved rent, without fines, as are agreeable to the powers reserved to him by
the said settlements. And be it enacted by the authority aforesaid that the said
£3000 secured on the said Lucan Estate, be paid unto said Caesar towards
discharging such of the said Caesar's debts which after his death are not to effect
his estate, and that the receipt of the said Caesar, his Executors or administrators
shall be a full & sufficient discharge for the same. And be it enacted by the
authority, aforesaid, that the said trustees, or either of them, their etc., shall not
be answerable for or chargeable with act or default of the other or others of
them, or for any further or other sums of money than what he or they shall etc.,
Saving unto the Kings most Excellent Majesty, his heirs and successors, and
persons bodies, corporate, and politic, other than the said Caesar Colclough and
the said younger children, and the said grandson of the said Caesar, all right, title
and claim to the said lands, tenements, and hereditaments rents payable thereof
and all mortgages, judgments, and other all encumbrances, charging the same,
anything herein contained to the contrary notwithstanding.
Some more random documents, these are closer to home for me...
Happy reading
John
Equity Exchequer Bill. New Record Court. Dublin.
22nd Feby 1736.
John Hyde. Plaintiff.
Dennis Dale and Mary his wife & others Defendants.
Recites Act 2nd Queen Anne prohibiting Papists from holding real estate, Recites that
Adam Colclough of Criggs, (Boley) County Wexford, married Mary Ford in the year
1720 and died in 1734, that Mary was at the time of her marriage, a Papist, and
continued so, and that she was now the wife of Dennis Dale, and prayed to be put
into possession of the property as a Protestant Discoverer.
Equity Exchequer Bill, New Records Court, Dublin.
Bill dated 1st Feby 1737
Patrick Colclough Plaintiff.
Caesar Colclough, Catherine Colclough, Garret Byrne and Frances Byrne otherwise
Colclough his wife, Thomas Colclough and Abraham Tobin, Executors of Adam
Colclough deed, and Christopher Ussher, Defendants.
Recites that Patrick Colclough is eldest son and heir of Adam Colclough of Kilteeley
(Boley) one of the younger brother's of Dudley Colclough of Mohurry. Recites Deed
of marriage settlement, between said Adam, and Margaret Masterson, said Patrick’s
mother, dated January 1701. Said Margaret died sometime in 1716, Adam died April
1735, leaving said Patrick, Catherine and Frances.
Equity Exchequer, Decree, in the above suit.
Dated 19th June, 1738.
Recites as above, and recites that Thomasina Masterston was widow of Richard
Masterson, and mother of Margaret Colclough (otherwise Masterson) and that
Thomas Masterson was said Margaret’s brother. Recites voluntary deed of 1st August
1717, made by Adam Colclough of Graige, and to which deed Caesar Colclough of
Rosegarland, and John Walsh of Monyseed, were parties. And decrees that said
Voluntary deed be set aside and that Plaintiff is entitled to a decree in the sum of
£500 under said settlement of 1701, with interest at 8 per cent and same to stand a
charge on the Manor of Tintern, the Estate of Defendant Caesar Colclough pursuant
to deed of 17th of March 1714, made by Margaret Pigott Colclough.
Equity Exchequer Bill, New Record Court, Dublin.
Bill Dated 12th September 1740.
James Duckitt. Plaintiff.
Dennis Dale & wife, Ford, Colclough, Tobin & others Defts.
Recites, Act 2nd Queen Anne, Recites marriage of Adam Colclough of Graige, and
Mary, daughter of Andrew Ford, of Ballyfad, County Wexford, and that there was
issue six children, four of whom were then dead, leaving a son and a daughter, viz.
Anthony and Mary still surviving and who are made parties to this suit. Recites that
Adam Colclough, Mary his wife, Patrick Colclough, (son by 1st wife) and Andrew Ford,
were, and are now Papists, and that Plaintiff is a Protestant discoverer, and claims
Estates.
Cause Papers, New Record Court.
Colclough v Sutton - Thomas Colclough dec’d, 17th Nov, 1741.
Order of Citation to William Sutton pretended Principal Creditor of Thomas
Colclough, late of Wexford dec’d, or Henry Constable Notary Public his Proctor, to
shew cause why administration to goods of said Thomas Colclough should not be
granted to Frances Colclough, widow and relict.
Equity Exchequer Bill, New Record Court, Dublin.
Bill filed 16th June 1742.
Caesar Colclough Plaintiff.
Abraham Tobin & others Defendants.
Recites that Frances, daughter of Adam Colclough, married Garrett Byrne of
Ballymannus, Co.Wicklow, and that Catherine, her sister, married Richard Power of
Forenaught, County Waterford, see E.E.Decree 27 Jany 1745.
Equity Exchequer Bill, New Record Court, Dublin.
Bill filed 14th April 1743,
Abraham Tobin Executor of Adam Colclough, Anthony Colclough, and Mary
Colclough, infants, plaintiffs.
Dennis Dale & wife, Richard Power & wife and several others Parties
Defendants.
Recites that said Tobin is surviving executor of Adam Colclough of Boley, dec’d,
recites that Anthony Colclough and Mary Colclough the surviving children of said
Adam by his second wife, are infants, that Adam was entitled to the Townsland of
Kilteeley and Duneen, under a lease from Dudley Colclough of Mohurry, said Adam’s
eldest brother, and dated in the year 1701, and also possessed of considerable
property and sums of money. Recites marriage of said Adam with Margaret
Masterson, and that there was issue of said marriage, Patrick, Richard, Catherine,
Frances and Thomasina, and that said first wife died in 1715, recites the voluntary
deed of gift, 6th August, 1717, recites that said Thomasina married 17th March 1724,
Anthony Doyle of Arklow, Merchant, without the consent and against the wishes of
her father. Recites that said Richard Colclough, died unmarried without issue, recites
that said Adam Colclough married secondly, in Jany 1720, Mary daughter of Andrew
Forde of Ballyfad, Co.Wexford and had issue by her six children, recites that said
Adam died 10th March 1734, recites several Bills previously filed in this matter,
recites that Thomas Colclough, the nephew of said Adam, and joint Executor, with
said Tobin, died in May 1741, recites that said Mary intermarried with said Dennis
Dale, shortly after the death of said Adam, recites death of four of the children of
said Adam by said Mary intestate and unmarried, recites that Catherine eldest
daughter of said Adam by first wife, married Richard Power and that Frances 2nd
daughter, married Garrett Byrne, recites that said Thomas Colclough died intestate
in Dublin, at the house of his brother Caesar Colclough, and that his widow Frances,
administered to his estate, and prays that said Anthony and Mary, may be declared
entitled to their proper share of their said father's effects.
Copied from Brief Colclough v Colclough,1865
Memorial Registered 14th July, 1744.
A Memorial of Articles of Agreements, bearing date the 23rd day of April 1744, made
between Caesar Colclough Esq. and Vesey Colclough Esq., his eldest son and heir
apparent, for the settling of the Estate of Mohurry and Tintern, in the County of
Wexford, and all their estate in this Kingdom of Ireland, raising money for the
discharge of debts due by said Caesar, securing proper provisions for the said
Caesar’s younger children, and also maintenance for the said Vesey Colclough, and it
is thereby agreed between them that fines and recoveries should then immediately
be levied and suffered of said estate,etc., see Act of Parliament, 1746.
Copied from Brief in Colclough v Colclough 1865.
Fine levied and Recovery Suffered, by Caesar Colclough Easter Term, 1744, of the
Tintern and Mohurry Estates, in pursuance of agreement between said Caesar and
his eldest son Vesey.
Note: these proceeding were vitiated, owing to the death of said Vesey while
matters were in progress.
Bermingham Tower, Castle, Dublin.
Heads of a Bill for relief of Creditors, and younger children of Caesar Colclough of
Mohurry and Tintern, Dated 1st January 1745, and for settling maintenance on Vesey
his grandson, recites names of younger children, see Act. 1746.
Equity Exchequer Decree, New Record Court, Dublin.
Dated 27th January 1745.
Dennis Dale and Mary his wife, Plaintiffs.
Abraham Tobin surviving executor of Adam Colclough dec’d, Anthony and Mary
Colclough, minors by their guardian the said Abraham Tobin, and Dominic Ford,
Defendants.
Recites that Plaintiff exhibited his Bill in the Exchequer 21st Feby 1736, therein
setting forth that said Adam did about the year 1720, and immediately previous with
his marriage with Mary daughter of Andrew Forde, execute an agreement that
within six months of said marriage he would execute marriage settlements, securing
his said wife in a jointure of £40 per annum, but that said promised settlement had
never been perfected; that said Adam, at the time of his said marriage, was
possessed of a large and considerable fortune. That said Adam executed his Will on
the 9th of Feby 1734 and died about the 10th of March, 1734. That said Adam left six
children by Plaintiff Mary, viz. Anthony, Mary, Caesar, Elinor, Adam, and Thomas,
and that four of the said children are since dead intestate, and under age, and that
plaintiffs claimed that their shares should be distributed amongst the two survivors.
That said Adam died possessed of a personal Estate in Chattel, interest, debts due to
him, ready money, goods, and other effects to the amount of £8,000, which or the
greater part thereof, had come into the hands of his executors, and that said Adam
had no real estate at time of said marriage or ever afterwards, on which to secure
the said Mary her said jointure of £40 per annum. And praying that so much of the
personal estate as was necessary, should be invested for that purpose; And also that
said Mary should be paid a legacy of £400 under said Adam’s Will, and also that
there should be a distribution of the residue, amongst said Mary and her two
surviving children.
Thomas Colclough and Abraham Tobin, executors of Adam Colclough, filed answers
on the 5th November, 1737, admitting the general correctness of said Bill, but that
the amount of effects was overstated, and denys that said plaintiffs, Dennis and
Mary, are entitled to a share in distribution of said effects, but that the whole
should be divided between the two surviving children, and quotes clause in said
Adam’s Will, leaving legacy of £400 to his widow if she did not marry again, and but
£300 if she did, and claimed that said legacy was in clear of said promised jointure of
£40 per annum, and denys the several charges of neglect and misappropriation, says
that said Adam had a lease for lives renewable, of the Townsland of Kiltyley and
Duneen, from his brother Dudley, and which was settled on issue of his first
marriage, and was then possessed by Patrick Colclough, eldest son of Adam, and that
said Adam has no other real estate, and produced schedules and Executors accounts
etc., And said Anthony and Mary by their Guardians, the executors, filed answer on
the 28th April 1738 (in effect the same as the previous one).
And the plaintiffs upon death of said Thomas Colclough, did in Hillary term 1741,
revive said Bill of 21st February 1736. Recites that Dominic Ford is administrator of
the Will of Andrew Ford, that said Thomas died intestate, and that administration
was granted to his widow Frances Colclough,
And said Frances filed answer 16th February 1742, and said Dominic filed answer 17th
February, 1742, and said Abraham Tobin and Anthony and Mary Colclough filed
answer 2nd July, 1743, and claim as offsets, certain sums paid by said Abraham
Tobin ”On account of Dyet, Lodging, Cloathing, and Schooling for said Defendants
Anthony and Mary, who since the death of said Thomas Colclough, had been left
destitute without the care or assistance of any of their said father’s friends or
relations”. Recites that Frances, widow of said Thomas, died in the latter end of the
year 1743. Decrees refers all matters to chief Remembrancer.
Copied Brief in Colclough v Colclough 1865.
Act of Irish Parliament, dated 4th April 1746.
Whereas Caesar Colclough was, on the 23rd day of April 1744, tenant for life of the
townsland, tenements and hereditaments hereinafter mentioned, that is to say
the townsland of Mohurry, Coolree, Wheelagoure, Rahenrocke, Colevane,
Culeneen, Kiltealy, Duneen, Knocknemilic, Curraduff, Cullintraby, Cullantramore,
three parts of Mangan, Tincurry, Ballibrien, Ballynemenanagh and Davidstown,
the one half of Ballylosky, the third part of Ballintrany, and Ballydorogh, the one
half of Shraghmore, and the third part of Templeshanbo, Kilroshe, half of
Rossard, the one half of Ballynabanogue, the one half of Ballynecullagh, the one
half of Moneyperson, Glaslasky, a third part of Ballyneverane, Mulbrany, the third
part of Rylane, Castlekirk, and Killmashill, the sixth part and another third part,
and the eleventh part of the said third part Annagh Tombrick, the one half of
Tomcurry, the one half of Knockduffe, Clonabrine, commonly reputed and known
by the name of Mocurry Estate. The Manor of Tintern, with the appurtenances
and the scite, circuit, ambit, and precinct of the Abbey, Monastery, and religious
house, of Tintern, the town, and lands of Tintern, CastleIsle, CastleMoraghoe,
alias Castleworkhouse, Newtown, Saltmills, Ballygarret, Cappaclanane, Gibstown,
Keerans, alias St.Keiran, Garrycullan, Tallaghe, St.Leonards ,Ballyhackby,
Curraghmore, Milltown, Rathumney, Dunmane, Ballyfleming, Ballytarsney,
Garryduff, Booley, Yoletown, Christown, Scartdown, alas Owenduffe,
Tobernasson, Gayneston, Kineagh, Coolerin, Ballycullan,Ballinrowan,Duraght,and
Priestown, Brandon,Ballycrosse, Pullinstown, Ballybought, Grange of Kilmore, &
Castletown, Banno with the Watercourse and Ferry, of Banno aforesaid, and
Castletown, Ballywilliam,Tithes of the parishes of Tintern and Clonmines, tythes of
the Island of Banno, tythes of Kilmore, tythes of St.Molines, in the County of
Catherlogh, Several houses and parcels of ground in or near Wexford, commonly
called the Tintern Estate, which said several towns, lands, tenements, and tythes,
are situated in the Counties of Wexford and Catherlagh, (of which said several
lands, tenements, and hereditaments are of the present clear yearly value of
£2,200, and will by the fall of leases, be nearly £1000 a year more in twelve years)
with remainder to Vesey Colclough Esq., eldest son of said Caesar, in tail male,
with several remainders over, under a Quadripartite deed of settlement, dated
the 10th day of March 1719, and made between the said Caesar Colclough of the
1st part. Margaret Pigott Colclough of Tintern, in the County of Wexford, widow,
since deceased, of the 2nd part, the Right Rev, Father in God, Sir Thomas Vesey,
Bart, Lord Bishop of Ossory, since deceased of the 3rd part, and Agmondisham
Vesey, of Lucan in the County of Dublin, since deceased, and Richard Le Hunt of
Artramon in the County Wexford, Esq., of the 4th part, upon the intermarriage of
the said Caesar with Frances Muschamp Vesey, since deceased, the daughter of
the said Lord Bishop, in which said deed is recited a deed of settlement of the
Mohurry estate, Tripartite and dated the 6th of March 1700, and made between
Dudley Colclough of Mohurry, in the County of Wexford Esq., since deceased, the
said Caesar's father, of the first part, Sir Thomas Butler of Garryhundon in the
County of Catherlogh, Bart, since deceased, and Nicholas Barnewall of Domicky, in
the County of Dublin Esq., since deceased of the 2nd part, and Robert Leigh, of
Rosegarland in the County of Wexford Esq., since deceased of the 3rd part: And
whereas by Articles of Settlement upon the intermarriage of the said Caesar with
his present wife, daughter of the said Agmondisham Vesey, and mother of said
Vesey Colclough, and dated the 18th of July 1721, the sum of £3,000 was provided
for the younger children of said Caesar, to be raised out of the towns and lands of
Lucan in the County of Dublin, and other the lands late the estate of the said
Agmondisham: And whereas the said Caesar Colclough and Vesey Colclough his
eldest son did, by certain articles dated the 23rd April 1744, agree to settle the
estates of Mohurry and Tintern, and all their estate in the said Counties of
Wexford and Catherlogh, to raise money for discharge of debts due from the said
Caesar, and to secure proper provisions for the said Caesar’s younger children,
and also a maintenance for the said Vesey, and to levy fines and to suffer
recoveries of the said Estate, in order to enable them to call in and receive the
said £3000 charged as aforesaid: And the said Caesar and Vesey did thereby
agree that the said sum of £3000 should be applied towards the discharge of the
said Caesar's debts, and to raise the sum of £6000, as a charge on the said Estates
of Mohurry and Tintern, for the said younger children of the said Caesar, to be
disposed of by the said Caesar and Vesey, in Lieu of the £3000 chargeable on the
estate on the said Agmondisham Vesey for the said children’s portions, and
further that some part of the said estate of Mohurry and Tintern should be
conveyed to trustees, to be to be applied for the discharge of the interest of the
said £6000, and for paying the said Vesey £250 a year and £100 immediately to
discharge the said Vesey’s particular debts, and the said Caesar and Vesey his son,
did by their said articles further agree settlement be made in proper form of their
whole estate, with power to be settled such jointure on any wife that Vesey
should marry, as the [said] Caesar and Vesey should appoint, and with remainders
as usual in family settlements, and with a power to the said Caesar and Vesey,
jointly to charge the said estates, with any sum or sums they should agree to
appoint, and whensoever the suit depending for recovery of Dunmain, between
the said Caesar and Aaron Lambert, or the said Caesar’s suit concerning the lands
of Rylane should be at an end, that the said Caesar should have by the said
intended settlements, a further yearly sum of £50 out of the lands when
recovered, and further that the said Vesey’s maintenance should commence from
the 1st May 1744, and should continue to said Vesey's marriage, and that upon
the said Vesey getting £10,000 or £12,000 portion with a wife, or such other sum
as the said Caesar and Vesey should agree to, the said Caesar and Vesey were to
enjoy the said whole estate by moities, and the said portion was to be in
discharge of the incumbrances affecting the estate, and it was further agreed
between them, that if the said £3000 should not be sufficient to discharge the
said Caesar's debts, and the said Vesey should join in raising more for that
purpose that then the said £50 a year, the addition to the said maintenance,
should be enlarged to a £100 a year; And whereas fines and recoveries were
levied and suffered in pursuance of the said articles, and the said Vesey soon after
intermarried without the consent of the said Caesar. And whereas, after the
marriage of the said Vesey, certain articles were entered into between the said
Caesar and Vesey, dated 17th January 1744 in pursuance of which a family
settlement was made, by which it was agreed, that the said Caesar give the said
Vesey £400 a year, out of such part of his estate as they should agree upon before
the execution of such settlement, and that the said Vesey should have power to
raise thereout £2000, for his sole and proper use, the interest whereof was to be
paid or the interest of the money for the use of said Caesar, and that the said
Vesey should have £300 a year, of the said £400 settled on him and his heirs, and
at his own disposal after the said Caesar's death and should have power to charge
the estate after the said Caesar’s death, with £3,000 for the provision of his
younger children, and a jointure of £400 a year for any wife, and to charge by will
the said £400 to be settled, with £3,000 for younger children, if the said Vesey
should die in the lifetime of said Caesar; And it was further agreed that the said
Vesey should join in raising £7000 for provisions for the said Caesar's younger
children, and also consent that the said Caesar should have the said £3000
secured upon the Lucan Estate, and should join the said Caesar in raising of £2000
on their estate at large, besides the £1000 already raised to be at the said
Caesar’s disposal, and that the said £7000 to be raised for the provision of the
said Caesar’s younger children should be disposed of amongst them, in such
manner as the said Caesar and Henrietta his wife, or the survivors of them should
appoint, and it was further agreed that upon perfection of a proper deed,
pursuant to this agreement, all the articles, of agreement before entered should
be cancelled, and that the said Caesar should give possession of lands, for the
payment of the interest of such sums as he should borrow upon a mortgage of
those lands. And whereas soon after the perfection of the said last recited
articles, the said Vesey Colclough came to the city of Dublin, with an intent to
have the said settlement drawn and perfected, but in a few days fell ill, and after
a very short illness, and before a settlement could be prepared pursuant to the
said articles, that the said Vesey died intestate, leaving his wife encient, who hath
lately been delivered of a son, named Vesey, so that the said articles could not be
carried into execution as was intended, to the great prejudice of said Vesey's
Family, as well as the said Caesar. And whereas Mary Colclough, widow and relict
of the said Vesey hath been appointed guardian by the Court of Chancery, to the
said Vesey her son, which said Vesey is left in a very destitute condition, and
without any manner of provision for his support by the death of his said father,
before the said last recited articles could be effectually carried into execution,
whereupon the said Caesar his grandfather, and the said Mary have come to an
agreement to make provisions for immediate support and education of said
Vesey, in manner hereinafter mentioned, that is to say-£130 a year until he is 13
years old, and £200 a year after until he is 21 years, and after that £400 a year
during the joint lives of the said Caesar and his grandson Vesey, and the said
Caesar has agreed to set out lands of greater yearly value than the said several
payments. And whereas the said Caesar hath four younger sons and six daughters
Agmondisham, Adam, Thomas, and Richard, Frances, Mary, Margaret, Harriet,
Anne, and Lora, for whom a very small provision is made by the said Caesar's
marriage settlement, and the said Caesar's debts which will not affect the said
real estate after the said Caesar's death, are computed to amount to £5000. And
whereas the said Caesar hath laid out and expended large sums of money upon
the lands and premises so settled, equal to the debts now owed by him and
thereby greatly improved the inheritance thereof in their annual value. And
whereas, the prosecution of a suit in equity, upon the said articles perfected by
the said Caesar and Vesey, in the names of the said Caesar's creditors, against
him, his wife, and all his children, and trustees in the said settlement, and against
the said Agmondisham Vesey, or those entitled to the said Lucan estate, which is
subject to the said £3000, and against the said posthumous child, would on
account of the number of parties and the minority of some of them, be very
tedious, and the circumstances of the said Caesar and his said creditors and
younger children require a speedy remedy. Wherefore the said Caesar Colclough
on behalf of himself and of his said creditors and younger children and Mary
Colclough, mother and guardian of said Vesey, on behalf of her said son, pray it
may be enacted. And be it enacted by the King’s most excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal and Commons in
the present Parliament assembled, and by the authority of the same that all the
said lands, tenements and hereditaments, hereinbefore expressed, with their
appurtenances, be from the 25th March 1746, vested in the actual sessions of
John Lyons, of the City of Dublin Esq., and William Bridges of Mount Fin, in the
County of Wexford, Esq., and their heirs, to the use, intents and purposes, herein
after mentioned, that is to say as to the towns and lands of Grange of Kilmore,
Ballyroan, and Kinnegh, of the clear yearly value £137-12-6 to the use of the said
Vesey Colclough during the joint lives of the said Caesar and Vesey, and to the
lands of Garrycullan and St. Keirans of the clear yearly value of £95-16-6 to the
use of the said Caesar for 13 years, from the 25th March 1746, and after expiration
of that term to the use of the said Vesey during the joint lives of the said Caesar
and his said grandson. And as to the towns and lands of St. Leonards, Ballyhackby,
Coolroe, Ballytarsney, Castletown and Ballybought otherwise Roestown, of the
clear yearly value of £175, to the use of the said Caesar for 21 years, from the 29th
September, 1745, and after the expiration of that term, to the use of said Vesey,
during the joint lives of the said Caesar and his grandson. And it is hereby
declared, that the rents issues, and profits of the said lands, shall and may be paid
to the said Mary Colclough while she shall continue guardian and to any other
guardian who may be hereafter appointed for the education and maintenance of
the said Vesey Colclough. And as to all and singular, the said other towns, lands,
tenements, and hereditaments, with their appurtenances, to the intent and
purpose that the said John Lyons and William Bridges and their heirs shall and
may by sale and sales and mortgage or mortgages of the same and, or competent
part thereof, levy and raise, (as soon as conveniently may be) in the first place
such sums of money as will be sufficient to defray the expense of passing this Act,
and also as much money as will pay the debts of the said Vesey, eldest son of the
said Caesar, so as the said Mary, widow of said Vesey, be entirely discharged
therefore, and not to exceed the sum of £400. And in the next place, to raise the
sum of £2000, to be paid by them unto John Jervaise White, of Ballyellis, County
Wexford Esq., his executors, and administrators upon trust, to apply the same in
discharge of such of the said Caesar's debts (which will not affect his real estate
after his death) as he the said Caesar shall by any deed or writing, or by his last
will, direct and may by sale etc., or mortgage of the residence of the said lands,
and or a competent part thereof, raise and levy the sum of £7000 for the younger
children, and when the said sums are raised, then the said trustees shall and may
by sale etc., or mortgage of the residue of the said lands etc., or competent part
thereof, raise and levy the sum of £7,000 for the said younger children, to be paid
and distributed amongst them, as the said Caesar and the said Henrietta, or the
survivor shall appoint. And after the payment of the said sums of £2000 and
£7000, and the expenses and debts aforesaid, and the payment of the aforesaid
rents, payable to the said Vesey, to the intent and purposes that the said trustees
etc., shall stand seized of such part of the said before mentioned lands etc., as
shall remain unsold, and the equity redemption of such part thereof as shall be
mortgaged, to the use of the said Caesar, for and during the term of his natural
life, and from and after his decease, to the use of such person or persons, for such
estates, trusts, and intents, as he or they are now entitled unto, freed and
discharged from any provision heretofore made or intended to be made for the
younger children of the said Caesar by the said settlement Articles or either of
them, or any other deed whatsoever, provided always, and be it enacted by the
authority aforesaid, that the said Caesar Colclough, shall pay and discharge all quit
rent and crown rents, and all debts, charges and encumbrances payable out of or
any way effecting the said lands and premises, or any part thereof, settled on the
said Vesey, or otherwise indemnify and save him harmless therefrom, so that he
the said Vesey may receive the full maintenance settled upon him as aforesaid,
provided also that the said Caesar shall and may settle such jointure or any other
after to be taken wife not exceeding £400 a year, and make such lease or leases of
all and every of the said lands, and premises not settled on the said Vesey for his
maintenance as aforesaid, and that shall not be sold for the purpose aforesaid,
not exceeding 31 years, or 3 lives in possession, and not in reversion, at the best
improved rent, without fines, as are agreeable to the powers reserved to him by
the said settlements. And be it enacted by the authority aforesaid that the said
£3000 secured on the said Lucan Estate, be paid unto said Caesar towards
discharging such of the said Caesar's debts which after his death are not to effect
his estate, and that the receipt of the said Caesar, his Executors or administrators
shall be a full & sufficient discharge for the same. And be it enacted by the
authority, aforesaid, that the said trustees, or either of them, their etc., shall not
be answerable for or chargeable with act or default of the other or others of
them, or for any further or other sums of money than what he or they shall etc.,
Saving unto the Kings most Excellent Majesty, his heirs and successors, and
persons bodies, corporate, and politic, other than the said Caesar Colclough and
the said younger children, and the said grandson of the said Caesar, all right, title
and claim to the said lands, tenements, and hereditaments rents payable thereof
and all mortgages, judgments, and other all encumbrances, charging the same,
anything herein contained to the contrary notwithstanding.
Subscribe to:
Posts (Atom)