Clare - McNamara, JAMES August 23, 1946 *********************************************** Ireland Genealogy Projects Archives Clare Index Copyright ************************************************ File contributed by: James McNamara jpmcnamara@sbcglobal.net October 18, 2010, 1:24 am Source: National Archives Of Ireland Written: August 23, 1946 Recorded: July 3, 1945 MCNAMARA, JAMES AUGUST 23, 1946 I James McNamara of Laccaroe Lower c/o Michael Guilfoyle being of sound mind and in full possession of all my faculties make this my last will and testament. I bequeath to Nora Guilfoyle of Lower Laccaroe Feakle the sum of thirty pounds to defray funeral expenses and the sum of thirty pounds for her own personal use making in total sixty pounds in all the said Nora Guilfoyle. I bequeath to Nora Guilfoyle of Lower Laccaroe the sum of fifty pounds to be used in the interest of her five children namely Thomas, Patrick, Kathleen, Michael, and Mary Anne. I bequeath Rev. William O'Kennedy PP for the time being at Feakle the sum of five pounds for Parochial building fund. I hereby appoint Charles J. Holohan of 35 Grafton St. Dublin sole executor of my will and instruct him after payment of death duties and legal expenses to pay the residue to Patrick McNamara of Coogy Park Scariff my nephew. Dated this third day of July 1945. Signed by the testator in our presence and by as in his presence and in the presence of each other. Witness Testator Anna M. Tuohy James McN. 1.1 – Nat Teacher I James McNamara of Lac[c]aroe Feakle hereby confirm the will dated July 3rd 1945 and revoke all other wills and codicils. Dated this 21st day of October Signed James McNamara Witness Thomas Bourke Farmer Summerhill John Holohan Auctioneer, Feakle END ---------------------------------- OATH FOR EXECUTOR High Court of Justice (Probate) The Principal Registry. In the Goods of James McNamara of Laccaore Lower, Feakle in the County of Clare, Farmer, Bachelor, Deceased. I, Charles J. Holohan of 35 Grafton Street, Dublin in the County of the city of Dublin, Solicitor, aged twenty-one years and upwards make Oath and say that I believe the paper writing hereto annexed, and marked by me (*) to contain the true and original last Will with Codicil of James McNamara, late of Laccaroe, Lower, Feakle, in the County of Clare, Bachelor deceased, that same were made by the said deceased after attaining the full age of twenty-one years, and that he did not intermarry with any person after making of same, and that I am a stranger in blood of said deceased and sole Executor in the Will named. ** That I will faithfully administer the personal Estate of the said Testator by paying his just debts and the Legacies contained in said Will and codicil so far as the same shall thereto extend and the law bind me ; that I will exhibit a true and perfect Inventory of the said Estate, and render a just and true account thereof, whenever required by law so to do ; that the Testator died at Laccaroe Lower Feakle, in the County of Clare on the 11th day of June one thousand nine hundred and Forty-six and that the whole of the Personal Estate of said Testator amounts in value to the sum of One hundred and Fifty-two Pounds, Four Shillings, and Two Pence, and no more, to the best of my knowledge, information and belief.. Signed Charles Holohan Sworn at 130, St., St. Stephens Green, in the County of the city of Dublin ; this 14th day of July 1946 by the said Charles J. Holohan, me, Commissioner of the High Court of Justice, and I know the Deponent. - Robert J Sheehan. [END EXECUTOR'S OATH] --------------------------------------- [AUCTIONEER'S OATH] HIGH COURT OF JUSTICE THE PRINCIPAL PROBATE REGISTRY In the Goods of James McNamara, deceased. I, JOHN HOLOHAN of Feakle, in the County of Clare, Auctioneer and Farmer aged thirty years and upwards make oath and say as follows: - 1. I am one of the subscribing witnesses to the last Will and Codicil of James McNamara of Laccaroe Lower in the County of Clare, Farmer, Deceased. The said Codicil being now hereunto annexed to the Will bearing dated the 3rd day of July 1945 and that the said Testator executed the said Will on the day of the date thereof by signing his name at the foot or end thereof as the same now appears thereon in the presence of me and Anna M. Tuohy of Feakle, Co. Clare, the other subscribed witness thereto both of us being present at the same time and we immediately after such execution by the Testator subscribed and attested out names in his presence and in the presence of each other. 2. I further say that the ink used by me in drafting the said Will was of the usual manufacture of ink used for writing purposes, I beg to refer to the said Will when produced and I say that it is quite obvious from a sight of the Will that the ink used by me has faded, to the best of my knowledge and belief I say this fading was caused by placing the said Will in a drawer in my Office which said Office usually has a very damp atmosphere. 3. On the twelfth line of the said Will and interlineation was made by me prior to the Testator executing the said Will. I in his presence and in the presence of the other subscribing witness inserted the words "of Lower Laccaroe" as same now appears. 4. The pin hole in the said Will was caused by an Assistant in the Office of Charles J. Holohan & Co., Solicitors of 35, Grafton Street, Dublin, by pinning the Codicil and Will together for filing purposes and I further say that to the best of my knowledge and belief no other document of a testamentary nature was attached or pinned to the said Will or Codicil. 5. The Codicil attached to the Will bears the date of the 21st day of October. I further say that the Deceased called to my Office in Feakle on the 21st day of October 1945 and instructed me to draft a Codicil to his said Will dated 3/7/45 [3 JULY 1945]. I thereupon at this request of the Testator drafted a Codicil to his said Will on a single sheet of my own headed notepaper as same now appears and I say that the date of the said Codicil should read the 21st day of October 1945 the date upon which I received instructions from the Testator and also the day upon which the said Codicil was executed by the Testator by signing his name at the foot or end thereof as same now appears in the presence of me this Deponent and Thomas Burke of Summerhill Farmer the other subscribing witness thereto by subscribing and attesting our names in the presence of the said Testator and of each other. 6. I further say that before the Testator executed the said Will and Codicil in the manner aforesaid both documents were truly audibly and distinctly read over to him by me and the said Testator appeared fully to understand the same and was at the time of execution of his said Will and Codicil a person os sound mind, memory and understanding. Sworn by JOHN HOLOHAN At GORT in the County of Clare This 6th day of August 1946 John Holohan Before me a Commissioner for Oaths [signature of John] in and for said County and I know the Deponent. ANDREW J. FLYNN [signature of Andrew] [END AUCTIONEER'S OATH] Additional Comments: Testator died: 11 JUN 1946 at Laccaroe Lower Feakle, in the County of Clare Value of estate: One hundred and Fifty-two Pounds, Four Shillings, and Two Pence