I Robert Moore
Fishbourne of Carlow in the county of Carlow Esquire being of sound
and disposing mind memory and understanding do make and publish this
my last will and testament hereby revoking all former will and wills
by me made.
I hereby confirm
the settlement and provision made for my wife on my intermarriage
and also leave and bequeath to my said wife the sum of fifty pounds
sterling for her sole use to be paid immediately after my decease.
I also leave to
my said wife my carriage and pair of carriage horses and all my
household goods plate china house linen and furniture of every
description whatsoever of which I shall die possessed together with
her watch jewels and wearing apparel.
I order and
direct that my executors herein after named shall as soon as they
think it advantageous so to do sell and dispose of all my stock of
sheep and cattle of all kinds, corn, hay and farming utensils and
out of the produce thereof and of my other assets not hereby
disposed of after payment of my just debts and funeral expenses the
said executors shall in the first place lay out at interest with the
consent and approbation of my said wife during her life the sum of
one thousand two hundred and fifty pounds and that the interest of
the said sum of one thousand two hundred and fifty pounds shall be
paid to my said wife during her natural life as further provision
for her and that after the death of my said wife the said sum of one
thousand two hundred and fifty pounds shall go as a provision for
any child of which my said wife may be enseint at the time of my
death and which shall be afterwards born and if there shall not be
any such child born then that the said principal sum of one thousand
two hundred and fifty pounds shall be paid to and amongst such of my
children as shall be living at the time of the death of my said wife
in such shares and proportions as my said wife shall in her
discretion think fit or as she think them deserving.
Such appointment
to be made by my said wife by deed in her lifetime or by her last
will and testament, and in case my said wife shall not make any
appointment of the said principal sum of one thousand two hundred
and fifty pounds then my will is that the said sum shall be divided
amongst such of my children as shall be living at the time of her
death share and share alike.
I leave devise
and bequeath unto to my eldest son William Fishbourne and to his
heirs the town and lands of Lambstown of which I am seized in fee
and also my freehold estate and interest in the town and lands of
Cappalug called Russells Farm and also that part of Cappalug... (?)
Coolhenry and Coolrain which I hold from Hans Hamilton Esquire all
situate in the Queens County.
I leave devise
and bequeath unto my second son Henry Hamilton Fishbourne my estate
and interest in the lands of Bullockpark situate in the County of
Carlow my interest in the town and lands of Jerusalem situate in the
county of Kildare and my interest in the town and lands of Rathellig
situate in the Queens County.
...
I leave devise
and bequeath unto my said son Robert Fishbourne my interest in the
town and lands of Moorefield with the dwelling house thereon situate
in the Queens county also my interest in the dwelling house in
Carlow wherein I now reside together with the garden offices and
appurtenances thereunto belonging. Also the house and old fields
which I hold under William Brown Esq. And also my interest in the
house in Tullow Street called Nugents Plot in the Town of Carlow
with the appurtenances which I hold under Robert Bayly Esq. And I
also leave and bequeath to my said son Robert the sum of one
thousand pounds Ster. with interest from the time of my decease. ...
And I leave to my
said son Joseph my interest in the said house and old fields which I
hold under the said William Brown and the said house and premises in
Tullow Street in the Town of Carlow which I hold under Robert Bayly
Esq. ...
I leave devise
and bequeath unto my said son Joseph Fishbourne my interest in the
field adjoining the Town of Carlow which I hold from George Sykes
for a term of nine hundred years together with the sum of one
thousand five hundred pounds Ster. with interest for the same from
the time of my decease. ...
I leave and
bequeath unto my daughter Catherine Maria Fishbourne the sum of one
thousand two hundred and fifty pounds Ster. with interest from the
day of my decease to be paid to her on her attaining the age of
twenty one years or day of marriage whichever shall first happen
provided she shall marry with the consent of my said wife during her
life but not otherwise.
And in case my
said daughter shall marry under the age of twenty one years without
the consent of my said wife then and in that case my will is that
she shall be intitled only to the sum of one thousand pounds of said
sum of one thousand two hundred and fifty pounds and that the
remaining sum of two hundred and fifty pounds thereof shall be paid
to any child I may have born after my death or if no such child then
to be equally divided amongst my other children who shall be living
at the time of the marriage of my daughter under age and without
such consent of my said wife as aforesaid. ...
I do hereby order
and direct that the produce of the sale of all my stock together
with all my other personal property and assetts after payment of my
just debts and funeral expenses and after deducting the said legacy
of fifty pounds herein before bequeathed to my said wife for her own
use and also the said sum of one thousand two hundred and fifty
pounds so directed to be laid out at interest for the use of my said
wife as aforesaid shall be placed in the public funds by my
executors for the purpose of paying the said legacys of one thousand
pounds, one thousand five hundred pounds and one thousand two
hundred and fifty pounds so bequeathed to my said children Robert,
Joseph and Catherine Maria with interest as aforesaid making
together the sum of three thousand seven hundred and fifty pounds
Ster.
And in case my
said personal fortune shall not after the deductions aforesaid
amount to the said sum of three thousand seven hundred and fifty
pounds Ster. then my will is and I do
hereby order and direct that the rents issues and profits of
all my said lands houses tenements and premises herein before
bequeathed to my said sons William Henry and Robert shall be
received by my executors and after allowing a reasonable and proper
sum thereout for the clothing education and maintenance of my said
sons William Henry and Robert respectively, that the overplus
thereof shall be applied and go in aid of my said personal fortune
until thereby the said sum of three thousand seven hundred and fifty
pounds shall be made up to be laid out in the funds as aforesaid and
no longer and that afterwards the savings and income of my said
lands shall be applied to the use and benefit of my said sons
respectively to whom the said lands are given and devised as
aforesaid.
I hereby nominate
and appoint my said wife guardian to the persons of my said children
respectively, and I do hereby nominate and appoint Robert Eustace of
Newstown and William Fishbourne of Carlow Esquires guardians of the
respective fortunes of my said children and I do hereby authorise
and empower them or the survivor of them to lay out and expend such
sum and sums of money from time to time as they shall in their
discretion think fit for the cloathing education and maintenance of
said children respectively during their respective minorities
without being in any manner accountable for the same.
And I do hereby
authorise and empower the said Robert Eustace and William Fishbourne
or the survivor of them to demise and set at reasonable rents all
the several towns lands houses tenements and premises herein before
bequeathed to my said children respectively for and during their
respective minorities and no longer, it being my intention upon each
of my children’s attaining the age of twenty one years they shall
respectively be put into the actual possession of the several
premises hereby bequeathed to them respectively discharged of any
lease to be made by the same Robert Eustace and William Fishbourne
or either of them. And as to all the rest residual and remainder of
my property whether real freehold or personal of which I shall die
seised possessed of or intitled unto I bequeath the same unto all my
said children share and share alike.
And I do hereby
nominate and appoint the said Robert Eustace and William Fishbourne
executors of this my will in testimony whereof I have hereunto and
to one other part hereof signed my name and affixed my seal this
twentieth day of February in the year one thousand eight hundred and
five.
Robt Moore
Fishbourne
Signed sealed
published and declared by the said Robert Moore Fishbourne the
testator as and for his last will and testament in the presence of
us who in the presence of said testator at his request and in the
presence of each other have subscribed our names as witnesses.
-
Ja.
Butler
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Henry
Butler
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William
Butler
Notes
on the above will
(Provided by Kaye Cole)
Robert Moore
Fishbourne 1765-1828 was the eldest son of William Fishbourne
1728-1796 and his wife Alice Moore. Robert married (1) in 1792 Lydia
Semple who d. 1794, no issue. (2) in 1795 Catherine Maria Eustace,
the mother of his children. The children named in the will were b.
1796, 1798, 1800, 1802, 1803 (Joseph). Two other sons were born
later, Edward/Edwin Eustace Fishbourne about 1805 and Thomas Moore
Fishbourne in 1811. All survived to adulthood. At least the three
eldest sons attended Trinity College Dublin.
The executors
named in the will were Robert’s brother William 1768-1855 and his
brother-in-law Robert Eustace.
This Protestant
Ascendency family possibly came to Ireland with one of the early
English plantations in the Irish Midlands. They seem to have
originally been skilled tradesmen, as the earliest family member who
came to Carlow in 1738 was Joseph Fishbourne, a glazier from
Monasterevan. One of his sons was a watchmaker in Carlow and an
earlier Robert Fishbourne in Monasterevan was a sadler. This Joseph
was probably the grandfather of Robert Moore Fishbourne.
Sources:
Monasterevan C of I Parish Register, Carlow Vestry Minute Book,
Carlow C of I Parish Register, Betham’s Will Abstracts, several 18th
century Deeds, Alumni Dublinenses.
Source: Kaye Cole c.2012
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