Court

Court proceedings, tangled webs!

Colclough against O’Ferrall et. al.

Archiep. Cantuar. Epus. Oxon.

Ds. Eldon, Cancel- larius.

Comes Harrowby, Præfes.

Dux Rutland.

March. Lanfdowne.
March. Camden.

Comes Shaftefbury.
Comes Jersey.
Comes Dartmouth.
Comes Stanhope.
Comes Macclesseld.
Comes Graham.
Comes Egremont.
Comes Spencer.
Comes Bathurjl.
Comes Talbot.
Comes Mount Edgcumbe.
Comes Liverpool.
Comes Longford.
Comes Farnham.
Comes (onyngharn.
Comes Limerick.
Comes Orford.
Comes Verulam.
Comes St. Germans.
Comes Blejinton.

Viscount Melville.
Viscount Sidmouth.

PRAYERS.

Ds. Zouche.
Ds. Saye & Sele.
Ds. Montfort.
Ds. Ponfonby.
Ds. Boston.
Ds. Holland.
Ds. Douglas of Douglas.

Ds. Douglas of Lochleven.
Ds. Dundas.
Ds. Calthorpe.
Ds. Rolle.
Ds. Bayning.
Ds. Fitzgibbon.
Ds. Redefdale.
Ds. Lauderdate.

The house proceeded to take into consideration the cause wherein Caesar Colclough is Appellant, and Victor Emanuel Richard O’Ferrall and others are respondents:

And Consideration being had thereof

The following Order and Judgement was made:

After hearing Counsel as well on Wednesday the 20th, as Friday the 22nd Day of March last, upon the Petition and Appeal of Caesar Colclough Esquire, (which Appeal, upon the Death of Mary Bolger, otherwise Houghton, one of the Respondents, was by Order of this House of the 12th Day of April 1815, revived against Victor Emanuel Richard O'Ferrall,) complaining of a Decree of the Court of Chancery in Ireland, of the 10th of February 1808; and praying, "That the same might be reversed, or that the Appellant might have such "other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet as also upon the Answer of Mary Bolger, otherwise Houghton, Widow, and Philip Roche, Two of the Respondents, put in to the said Appeal; and Consideration had as well on Wednesday last as this Day, of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual Decree and Temporal in Parliament assembled, That the said versed, with Decree complained of in the said Appeal, be, and the Declaration same is hereby Reversed: And it is Declared, That the Sales of the Towns and Lands of Nash, Cloonagh and Garryduffe, and of the Tythes of Inch, and of the Tythes of the Parishes of Bannow, Tinnecarrig and Rathnagurath, in the Pleadings in the said Cause mentioned, ought to be decreed fraudulent and void as against the Appellant, and the several other Persons claiming after him under the Deeds of Settlement of the 12th and 13th Days of June 1767, and ought to be set aside, so far as the same affected the Interests of the Appellant, and the several Persons claiming after him under such Settlement: And it is further Declared, That the Deeds of Conveyance of the 23d and 24th Days of July 1784, of the said Lands of Nash, Cloonagh and Garryduffe, and of the Tythes of Inch, and the Deed of Conveyance of the 15th of August 1785, of the Tythes of the Parishes of Bannow, Tinnecarrig and Rathnagurath, ought to stand as Securities only from the Death of Sir Vesey Colclough deceased, the Appellant's late Father, for the Sums of Money actually paid by the said Henry Houghton deceased, and the said Philip Roche to Charles Walker Esquire, One of the Masters of the said Court of Chancery, and to the Governor and Company of the Bank of Ireland, together with Interest for such Sums of Money respectively, from the Death of the said Sir Vesey Colclough: And it is further Ordered, That it be referred to one of the Masters of the said Court of Chancery, to take an Account of the Sums of Money so paid by the said Henry Houghton to the said Charles Walker, and to the Bank of Ireland, for the Purchase Money of the said Lands of Nash, Cloonagh and Garryduffe, and of the Tythes of Inch, in pursuance of the Orders of the said Court of Chancery, and to compute Interest thereon from the Death of the said Sir Vesey Colclough, and also to take an Account of the Rents and Profits of the said Lands of Nash, Cloonagh and Garryduffe, and of the Tythes of the said Parish of Inch, which accrued after the Death of the said Sir Vesey Colclough, and which were received by the said Henry Houghton deceased, the said Mary Bolger, or her Husband, Richard Bolger deceased, or by the Respondents since her Death, or which without their wilful Default respectively, might have been received; in taking which Account of Rents and Profits, the said Master is to consider such Lands and Tythes as not subject to any Lease, Charge or Incumbrance thereon, made or created subsequent to the Deeds of Lease and Release and Settlement of the 12th and 13th Days of June 1767, made on the Marriage of the said Sir Vesey Colclough, and not warranted by the Powers contained in such Settlement, and particularly as not subject to any Lease made by the said Henry Houghton deceased, or any Person claiming under him; and the said Master is to apply such Rents and Profits in the first place in or towards discharging the Interest accrued after the Death of the said Sir Vesey Colclough, on the Sums of Money paid by the said Henry Houghton deceased, to the said Charles Walker and the Bank of Ireland, in respect of the Purchase Money for such Lands and Tythes as aforesaid; and in case the same shall at any Time appear to have exceeded such Interest, then to apply the same in Reduction of the principal Sum, and to ascertain the Balance; And in case it shall appear that any Sum of Money shall remain due for principal Money and Interest on taking such Account, It is Ordered and Adjudged, That upon Payment by the Appellant of what shall appear to remain due for such Principal and Interest, to such Person or Persons claiming under the said Henry Houghton deceased, as shall appear to be entitled thereto, or in case such Principal and Interest shall appear to have been satisfied by the Application of such Rents and Profits as aforesaid, in Manner before directed, all proper Parties shall join in a Re-conveyance of the said Lands of Nash, Cloonagh and Garryduffe, and of the said Tythes of Inch, to the Appellant, according to his Rights and Interests therein under the said Indentures of Settlement of the 12th and 13th Days of June 1767, and to the Uses of such Settlement now capable of taking Effect, freed and discharged from any Lease or Incumbrance made by the said Henry Houghton deceased, or any Person claiming under him; And in case such Principal and Interest shall appear to have been satisfied by Application of such Rents and Profits as aforesaid, It is further Ordered and Adjudged, That the Balance shall be paid to the Appellant by the Person or Persons from whom such Balance shall appear to be due: And it is further Ordered, That it be in like Manner referred to one of the Masters of the said Court of Chancery, to take an Account of the Sums paid by the said Henry Houghton, or the said Philip Roche, to the said Charles Walker, or to the Bank of Ireland, for the Purchase Money of the said Tythes of the Parishes of Bannow, Tinnecarrig and Rathnagurath, in pursuance of the Orders of the said Court of Chancery, and to compute Interest thereon from the Death of the said Sir Vesey Colclough, and also to take an Account of the Rents and Profits of the said Tythes of the Parishes of Bannow, Tinnecarrig and Rathnagurath, which accrued after the Death of Sir Vesey Colclough, and which were received by the said Henry Houghton and Philip Roche respectively, or by the said Mary Bolger, or her Husband Richard Bolger, or the Respondents, or which, without their wilful Defaults respectively, might have been received; in taking which Account of Rents and Profits, the said Master is to consider such Tythes as not subject to any Lease, Charge or Incumbrance made or created subsequent to the said Deeds of Lease and Release and Settlement of the 12th and 13th Days of June 1767, and not warranted by the Powers contained in such Settlement, and particularly as not subject to any Lease made by the said Henry Houghton and Philip Roche respectively, or any Person claiming under them, or either of them; and the said Master is to apply such Rents and Profits in the first place in or towards discharging the Interest accrued after the Death of the said Sir Vesey Colclough on the Sums of Money paid by the said Henry Houghton and Philip Roche, or either of them, to the said Charles Walker, or the Bank of Ireland, for the Purchase Money of such Tythes as aforesaid ; and in case such Rents and Profits shall appear to have exceeded at any Time such Interest, then to apply the same in Reduction of the principal Sum, and to ascertain the Balance; And in case it shall appear that any Sum of Money shall remain due for principal Money and Interest on taking such Account, It is Ordered and Adjudged, That upon Payment by the Appellant of what shall appear to remain due for such Principal and Interest to such Person or Persons claiming under the said Henry Houghton and Philip Roche respectively, as shall appear to be entitled thereto, or in case such Principal and Interest shall appear to have been satisfied by the Application of such Rents and Profits as aforesaid in Manner before directed, all proper Parties shall join in a Re-conveyance of the said Tythes of the Parishes of Bannow, Tinnecarrig and Rathnagurath, to the Appellant, according to his Rights and Interests therein under the laid Indentures of Settlement of the Vol. L.12th and 13th Days of June 1767, and to the Uses of such Settlement now capable of taking Effect, freed and discharged from any Lease or Incumbrance made by the said Henry Houghton and Philip Roche respectively, or any Person or Persons claiming under them, or either of them; And in case such Principal and Interest shall appear to have been satisfied by Application of such Rents and Profits as aforesaid, It is further Ordered and Adjudged, That the Balance be paid to the Appellant by the Person or Persons from whom such Balance shall appear to be due: And it is further Ordered and Adjudged, That in cafe it shall appear that the Respondent cannot procure the Conveyances hereby directed to be made, free from all Incumbrances made by the said Henry Houghton and Philip Roche respectively, before the filing of the Appellant's Bill, the Appellant and the Persons claiming after him under the said Settlement of the 12th and 13th Days of June 1767, shall receive Satisfaction for the Values of such Incumbrances from the Assets of the said Henry Houghton with respect to any such Incumbrances made by him, and from the said Philip Roche with respect to any Incumbrance made by him, and the said Court of Chancery shall give all necessary Directions for such Purpose: And it is further Ordered and Adjudged, That so much of the Appellant's Costs of this Suit as relate to the said Lands of Nash, Cloonagh and Garryduffe, and the Tythes of Inch, be paid to the Appellant by the Respondents, the personal Representatives of the said Henry Houghton deceased, and so much of the Appellant's Costs of this Suit as relate to the Tythes of the Parishes of Bannow, Tinnecarrig and Rathnagurath, be paid by the Respondents, the personal Representatives of the said Henry Houghton, and the Respondent Philip Roche; and that the Costs of the Respondent Thomas Richard Houghton, the Heir at Law of the said Henry Houghton, be paid to him by the Appellant, and be repaid to the Appellant by the personal Representatives of the said Henry Houghton: And it is further Ordered, That the said Court of Chancery do give all necessary Directions for carrying this Judgement into Execution.

Extract from:  Journals of the House of Lords: Volume 50

Great Britain House of Lords January 1, 1814

H.M. Stationery Office

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A missing heir

Colclough Trusts

The suit was entitled in the matter of the trusts of an indenture of settlement dated 20^th October 1858, entered into on the marriage of Thomas Colclough with Catherine Reynolds; between Mary Ellen Colclough, Anne Maud Colclough, and John Rooney v William Lyman, James Hogan, Thomas Colclough and by amendment, Bernard Gerard. Thomas Colclough Sen. at one time occupied the position of stamp distributor at the Four Courts, and for many years enjoyed the confidence of the members of the legal profession and of the authorities. He then resided at Finstown House, Lucan and Mount Henry Dalkey. On his marriage in 1858 he executed a settlement conveying absoliutely a fee-farm rent of £50 rent arising out of Finstown, and covenant to convey the lands of Adamstown. In the years 1880-81 certain rumours got into circulation as to fabrications in the stamp office, and suspicion fell onto the distributor himself. The Inland Revenue authority took steps to investigate those allegations, with the result that Colclough was arrested in the year 1881, and charged with having forged counterfeit stamps. He was subsequently convicted and sentenced to ten years penal servitude. On the night prior to his trial he executed a deed by which he attempted to convey practically all he had in the world including his estate and interest, in the marriage settlement of 1858 for the benefit of his second wife and other persons, the effect of which was that he forfeited all his interest under the settlement of 1858. He had four children – two daughters and two sons. The son Thomas was before the court, but the eldest son John, went to Australia shortly after his father’s conviction, and it now appeared he was so ashamed of what had happened that he changed his name to Spain which was his mother’s family name, and his identity became lost, the last being heard of him being in 1893. Further investigation, however, took place, and the identity of John J Colclough established beyond doubt.

Mr Ignatius O’Brien, KC., with whom was Mr Littledale (instructed by Messrs Scallan & Co.) who appeared for  the plaintiff in the action, stated the foregoing facts, and, continuing, said that there was only one point now arising. The deceased never, in fact, fulfilled the covenant to convey the lands of Adamstown, and at present, the legal estate in the lands was outstanding. The lands were claimed by John the eldest son, who had been discovered. When he was dying Mr Colclough senior, executed a will by which he purported to leave to his son Thomas all his real estate.

Mr Jellett KC., with whom was Mr Leech (instructed by Messrs Anderson and Hand), appeared for Thomas Colclough, jun., submitted on the documents that the lands of Adamstown were never in the settlement, and that subsequently they passed to his client under the will of Thomas Colclough sen.

Mr Hebert Wilson, KC., (instructed by Mr T O’Meara), appeared for John J Colclough, the eldest son, and claimed that Mr Jellett’s client was only a trustee for John, to whim the lands belonged.

Mr Kehoe, KC., (instructed by Mr W.T Sheridan), appeared for the defendants, other than Mr Mooney, in the settlement of 1858, and two of them were trustees of a settlement of 1879 made on the second marriage of Mr Thomas Colclough. They had suggested the offering of a reward for information as to Mr John J Colclough. He asked for their costs should be provided for. No question of identity now remained.

The others raised no objections to Mr Kehoe’s clients getting their costs.

The Master of the Rolls said he would read over the document in the case and give judgement on a latter day.

Extract from: The Belfast News-Letter Thursday February 4th, 1904

Cabinteely Co Dublin

Home of the a branch of the O’Bynre’s, Mary Anne Colclough married into this family on 29 November 1717 her husband  John Byrne of Cabinteely Co. Dublin, Esq., MaryAnne or Marianne was the second daughter of Dudley Colclough of Duffry Hall and Mary Barenwall.

http://www.clannobyrne.com/history-p3-of-3.html for a start point for O’Bynre;

In Cabinteely

There is a prehistoric burial tomb known as Brennanstown Portal Tomb, Glendruid cromlech/dolmen, or The Druids’ Altar near Cabinteely.

Excavations between 1957 and 1999 some 700m south-east of Cabinteely suggests that the area was of "considerable status and importance" from the 6th-7th centuries, with possible evidence of a church, ancillary buildings, possible workshops and cemetery.

Anecdotal evidence suggests that Cabinteely grew up around a tavern (Irish: Cabán tSíle, meaning "Sheila's Cabin") located on crossroads on the main road linking Dublin with the South.

Tully Celtic cross

Cabinteely sits at the meeting point of the three medieval civil parishes of Tully, Kill and Killiney, in the half-barony of Rathdown. The ruins of Kill Abbey/Grange Church are near Deansgrange. The modern suburb of Cabinteely is still split between these civil parishes. The ruined 9th century Tully Church and graveyard lies within the modern parish of Cabinteely at Laughanstown. Two high crosses from the 12th century stand in nearby fields, and a wedge tomb, all protected as National Monuments.

It is likely the modern Church of Ireland parish of Tullow, with a church nearby in Foxrock, is related to that civil parish of Tully. Similarly the modern Church of Ireland parish of Kill has a church in Deansgrange.

Cabinteely house was built in 1769 for Robert Nugent, Lord Clare and the surrounding demesne wall still mostly exists today (running along the Old Bray Road, Brennanstown Road, and Cornelscourt Hill).

It later passed into the possession of the O'Byrne family of Wicklow, who were prominent in Cabinteely since the 1660s (the family originally lived in Marlfield House).[8][9] William Richard O'Byrne (1823–1896), MP and author of the Naval Biographical Dictionary, owned and lived in Cabinteely House.Joseph McGrath purchased the house in 1933. Cabinteely House finally passed into possession of Dún Laoghaire-Rathdown County Council in 1984.

Cabinteely was described in the 1837 book, A Topographical Dictionary of Ireland, as having "several handsome seats [houses]...adorned with thriving plantations and presents many natural beauties".

The Ordnance Survey Ireland map 1837-1842 shows Cabinteely Village with "Post Office, R.C. Church, and Police Barrack". The townland of Cabinteely at that time only included Cabinteely Demesne and Marlfield House (today in the St. Gabriels estate), whereas the modern suburb now includes neighbouring townlands such as Rochestown, Kilbogget, Brennanstown, and Laughanstown.

The Ordnance Survey Ireland map 1888-1913 shows Cabinteely Village with "P.O., Presbytery, St.Brigid's R.C. Church, Smithy, Constab. Bk., Court Ho., Dispy." among others, and Dublin Corporation's watermain running directly through the Village.

Cabinteely barracks was attacked numerous times during the civil war.

https://en.wikipedia.org/wiki/Cabinteely