Land: CORK, In the Matter of the Estate of Edmond Richard CUMMINS et al Lots 2-6 Ireland Genealogy Projects Archives Land Index Copyright Contributed by C.Hunt & M. Taylor _________________________________________________________________________ Land: CORK [6 Lots] and KILDARE [1 Lot] - In the Matter of the Estate of Edmond Richard CUMMINS, Frederick Joseph CUMMINS, William Henry CUMMINS, Arthur Bettesworth CUMMINS, Devisees of Joseph King CUMMINS, Deceased and of Charlotte CUMMINS and James John CUMMINS, Executor and Executrix of said Joseph King CUMMINS; Continued as to said Frederick Joseph CUMMINS in the name of Thomas MANNIX CUMMINS, his heir-at-law. Ex parte John SMYTH, Petitioner In the Court of the Commissioners for the Sale of Incumbered Estates in Ireland CITY OF CORK SEVERAL LANDS, HOUSES & PREMISES WITHIN-MENTIONED situate in the City of Cork and also of the Impropriate Tithes of Premises situate in the County of KILDARE To be sold by the COMMISSIONERS, AT THEIR COURT, 14 HENRIETTA-STREET, DUBLIN ON Thursday, the 15th day of June, 1854 at the hour of 12 o'Clock NOON ____________________________________________________________________________ Continued from text file one- Lots 2 - 7 - Lot #7 being in Kildare County --------------------------------------------------------------------------- DESCRIPTIVE PARTICULARS and RENTALS OF LOT No. 2 Part of the Lands of Ballinamought situate partly in the Borough and partly in the City of Cork, held under lease for 780 years, from 29th September, 1822 OBSERVATIONS FOR ALL of Lot 2: Lease demises 0a 2-r 20p. English statute Measure and contains a covenant on the part of the lessee to erect a substantial dwelling- house of stone covered with slate and complete same before 25th March, 1836 ______________________________ RENTALS - LOT No. 2 RENTS Gale Days 25th March and 29th September DENOMINATION TENANTS' NAME YEARLY RENT 1] Ballinamought (part of) Mrs. DUANE, Repre- £3 10s. 0d. Dwelling-house and sentative of John Garden Duane and James FITZGERALD NATURE OF TENANCY: Lease dated 30th September, 1836 from Joseph King CUMMINS to James FITZGERALD and John DUANE for 500 years from date of lease. -------- 2 & 2a] Ditto Rep. of James KELLY £11 0s. 0d. NATURE OF TENANCY: Tenancy from year to year, determinable 29th September in each year -------- 3] Henry SEWELL £9 4s. 7d. NATURE OF TENANCY: Lease dated 10th April 1835 from Joseph King CUMMINS to Henry SEWELL for 700 years from 25th March then next. -------- 4] Ditto Thomas NOONAN £3 10s. 0d NATURE OF TENANCY: Tenancy from year to year, determinable 29th September in each year -------- 5] Ditto John MAHONY £5 10s. 4d. NATURE OF TENANCY: Lease dated 5th January, 1835 from Joseph King CUMMINS to John MAHONY, for 300 years from 25th March, 1835 -------- 6] Ditto Henry TAYLOR £8 1s. 5d. NATURE OF TENANCY: Tenancy from year to year, determinable 25th March in each year -------- 7] Ditto Margaret BARRY, Rep. £3 0s. 0d. of James BARRY NATURE OF TENANCY: Lease dated 1st October 1836 from Joseph King CUMMINS to James BARRY for 800 years from date of lease. GENERAL OBSERVATIONS: These premises are held under a lease bearing the date 27th February, 1823 and made between Matthew GEORGE and Nicholas George SEYMOUR of the first part, Elizabeth JAMESON, of the second part and Nicholas CUMMINS and Joseph King CUMMINS of the third part; and same are by said lease described as part of the lands of Ballinamought containing 6a 2r 22p Statute measure, situate in the North Liberties of the City of Cork, but situate partly in the Borough and partly in the County of Cork. The rent reserved by this lease is £35 8s. 0d., late currency equivalent to £32 13s. 6d. present currency; and the term for which said premises are held is the unexpired residue of 780 years from 29th September, 1822. This Lease contains a covenant by the said lessees for themselves, their executors, administrators, assigns, to keep said demised premises and all houses, buildings and improvements thereon in good and sufficient tenantable order, repair and condition. The purchaser will not be at liberty to require production of the lessor's title, not to object by any reason of incumbrance affecting his interest. Several small houses have been built upon tis Lot; the rents are well paid, and the tenants are an industrious class, most of them having an interest in the holdings. ________________________________________________________________________________________ DESCRIPTIVE PARTICULARS and RENTALS OF LOT No. 3 Part of the Townland of Lotabeg. otherwise Lotybeg Preliminary OBSERVATIONS FOR ALL of Lot 3: The land and premises comprised in Lot 3 are held under two distinct leases, for lives renewable for ever bearing equal date, viz., 29th October 1789 for lives renewable for ever. These leases are made between John and Edward GALWEY of the one part and Sir Richard KELLETT of the other part. The lease of the larger portion describes the premises thereby demised as "The Farm, part of the Lands of Lotabeg, otherwise Lotybeg, with the two meadows adjoining *Killyfranky, and which are part of the said farm, also two field adjoining * Banclaff, all containing by estimation 91 acres, English statute measure, more or less, in the North Liberty of the City of Cork. The lease of the smaller portion describes the premises thereby demised as "That Field" or parcel of land containing by estimation 27 acres statute measure, more or less part of the lands of Lotabeg in the North Liberties of the City of Cork. Both these leases reserved to the landlord all mines, minerals and royalties and all wood and underwood, timber and timber trees standing growing or being thereon or thereafter to stand or grow thereon with full and free liberty of ingress, egress, and regress to take and carry away same. The rents reserved by these lease were respectively the sums of £15 8s. 6d., late currency equivalent to £14 6s. 7d. sterling and £56 late currency, equivalent to £51 13s. 10d. present currency and a renewable fine of 5s. payable n the fall of each life; but under Order of the Commissioners made in this matter the purchaser will be entitled to obtain from the Commissioners a grant in perpetuity of these premises subject to the rents of £51 14s. 10d. and £14 7s. 7d, making together £66 2s. 5d and which rent has been deducted upon the rental from the yearly rent of this Lot. The purchaser will not be at liberty to require the title of the lessors to be deduced, nor to object by reason of any incumbrance affecting their interest; and said purchaser will also be bound to execute a proper deed of covenant, to perform the several covenants and agreements contained in the said two original lease of 29th October, 1789 in case the Commissioners shall so direct. _____________________________ RENTALS - LOT No. 3 RENTS Gale Days 25th March and 29th September DENOMINATION TENANTS' NAME YEARLY RENT 1] Part of Lotabeg, in James John CUMMINS £22 1s. 2d survey called Lotamore & Lotabeg NATURE OF TENANCY: [CUMMINS] Lease dated 9th November 1825 Jfrom oseph King CUMMINS to James John CUMMINS for three lives renewable for ever. Two of the lives Richard Swete CUMMINS and Henry Irwin CUMMINS, sons of the lessee are still living; rent reserved, £23 17s. 10d OBSERVATIONS; [CUMMINS] Lease demises 43a 3r 20p, British. The renewal fine is 6d, late currency on fall of each life, The tenant has a considerable interest under this lease. The original copy of this lease is not forthcoming; a copy only can be handed to the purchaser. -------- 2] part of Lotabeg Mrs. CUMMINS, Rep. £10 12s. 4d Robert King CUMMINS NATURE OF TENANCY: [CUMMINS] Lease dated 12th September 1832 from Joseph King CUMMINS to Robert King CUMMINS for three lives renewable for ever. All the lives named in said lease viz., Nicholas CUMMINS, John Ashley CUMMINS and Robert Turner CUMMINS sons of lessee are living. OBSERVATIONS; [CUMMINS] Lease demises 20a, British. The renewal fine is 6d. on fall of each life. This tenant has a valuable interest in this holding. -------- 3] Ditto Widow NOONAN, Rep. £125 Os. 2d David NOONAN 1st March, 1st June 1st Sept. & 1st dec. NATURE OF TENANCY: [NOONAN] Tenancy from year to year, determinable 1st December each year. OBSERVATIONS; [NOONAN] This rent has been reduced under order of the Court of Chancery, made in July 1849 to the sum of £105 pending cause of CUMMINS v. CUMMINS; but this abatement will not be binding on the purchaser. -------- 4] Part of Lotabeg Major George £147 Os. 0d Dwelling-house & THOMPSON demenses called Silverspring NATURE OF TENANCY: [THOMPSON] Tenancy from year to year, determinable 29th September each year. OBSERVATIONS; [THOMPSON] This rent has been reduced under order of the Court of Chancery, DATED December 1849 pending cause of CUMMINS v. CUMMINS; to the sum of £120 ; but said abatement will not be binding on the purchaser. -------- 5] Part of Lotabeg Mrs. Margaret £0 10s. 0d SEXTON NATURE OF TENANCY: [SEXTON] Tenancy during life of said Margaret SEXTON at the rent here stated. OBSERVATIONS; [SEXTON] The said Margaret SEXTON claims a promise of a lease from the late Joseph K. CUMMINS at the rent here set out. The purchaser will be bound to leave the premises in possession of said tenant during her life at the rent here stated. -------- 6] Ditto Michael SHEEHAN £3 0s. 0d NATURE OF TENANCY:[SHEEHAN] Tenancy Under Court of Chancery, pending cause of CUMMINS v. CUMMINS and determinable by the sale in this matter OBSERVATIONS; The tenant will be entitled to his emblements, if any, and right of entry as is incident thereto. -------- 7] Ditto Margaret BUCKLEY £2 12s. 0d 1st January & 1st July NATURE OF TENANCY: [BUCKLEY] Tenancy Under Court of Chancery, pending cause of CUMMINS v. CUMMINS and determinable by the sale in this matter OBSERVATIONS; The tenant will be entitled to her emblements, if any, and right of entry as is incident thereto. ____________________________________________________________________________________________ DESCRIPTIVE PARTICULARS and RENTALS OF LOT No. 4 The Half Ploughland of Kilmichell, otherwise Bealaquoneen, otherwise Myrtleville, in the Barony or Kerricurrihy and County of Cork, held under lease for 750 years from 29th September, 1800. RENTALS - LOT No. 4 RENTS Gale Days 25th March and 29th September DENOMINATION TENANTS' NAME YEARLY RENT 2] Myrtleville, Thomas OLDEN £60 0s. 0d House and demense NATURE OF TENANCY: [OLDEN] Lease dated Under Court of Chancery, pending cause of CUMMINS v. CUMMINS and determinable by the sale. OBSERVATIONS; [OLDEN] The tenant will be entitled to his emblements, if any, and right of entry as is incident thereto. Upon this lot are a comfortable dwelling-house and Offices, suitable for the residence of a gentleman, It is beautifully situated at the entrance of Cork Harbour commanding a view of the opposite coast and of the Atlantic Ocean; it is well sheltered and has a large walled-in garden (see engraving) The Poor-law valuation of the house and demense is £89 6s. The purchaser will be entitled to immediate possession. -------- 3] Kilmichael East In hands , , , £15 0s. 0d otherwise Kilmichell Cottage and Gardens Myrtleville Cottage NATURE OF TENANCY [None Shown] OBSERVATIONS; The rent here set out is the amount of the Surveyor's valuation. This cottage is also beautifully situated on a projecting head-land and commands a fine view of the entrance of Cork Harbour. -------- 1] Part of Kilmichell Denis COLLINS £33 0s. 0d NATURE OF TENANCY: [COLLINS] lease dated 1st January, 1834 from Joseph King CUMMINS to Denis COLLINS and Timothy COLLINS for thirty-one years from date thereof. OBSERVATIONS; [COLLINS] This lease reserves to the landlord the sand bank, slate quarry, mines, minerals and royalties; and gives the tenant the right of cutting sea-weed for the use of the said farm only on the abore bounding the land, thereby demised in common with said landlord and also the right of passage theretofore enjoyed by said COLLINS from the eastward through the farm held by DORNEY; and said lease also contains a proviso that in case the said Denis COLLINS should build, or permit to be built any cabin or dwellings-house on said premises without the permission of the said Joseph King CUMMINS an additional rent of £5 should be paid for each cabin or house so built or erected. The rent reserved for this lease was reduced Under Court of Chancery, made in April 1850, pending cause of CUMMINS v. CUMMINS to £26 19s.; but this abatement will not be binding on the purchaser. -------- 2] Part of Kilmichell John and Thomas £32 0s 0d DORNEY NATURE OF TENANCY: [DORNEY] Lease dated 1st January 1834 from Joseph King CUMMINS to John and Thomas DORNEY for thirty-one years from date OF lease. OBSERVATIONS; This lease reserves to the landlord the slate quarry and sand bank with right of passage thereto for himself and tenants, the stable and coach house, and a piece of ground whereon the old Mansion House was built, as far westward as the as the fence which divides the furse field from the lawn of Myrtleville Cottage; and the said lease also contained an agreement on the part of the tenant to permit said landlord to remove the part of his house which projects into the road, and that he was to have a certain house and barn therein describe; and said lease contains a proviso that the said tenants shall not build any dwelling-house or cabin on said lands under penalty of £5 yearly; and said tenants thereby bound themselves to allow at all times, a free passage to Denis COLLINS through said premises, in the like manner as same had been theretofore enjoyed. This rent was under the Court of Chancery, dated April 1850, abated to £25 18s, pending said cause of CUMMINS v. CUMMINS, but this abatement will not be binding on the purchaser. Poor Law Valuation: £143 0s. 0d. 121a 0r 33p and 36a 5r 28p equaling 158a 0r 21p The above quantity is exclusive of 20 perches Irish Plantation Measure, on which the Roman Catholic Chapel and National School-house are erected and which will not be conveyed to the purchaser. GENERAL OBSERVATIONS: The above-mentioned lands are held under a lease bearing date the 19th February, 1771, made between Henry PUXLEY of the one part, and Thomas FULLER of the other part; and said lands are by said lease described as the Half Ploughland of Kilmichael, commonly called and known by the name of Bealaquoneen, otherwise Myrtleville, in the Barony of Kerricurrishy, and County of Cork. The term demised by said lease is 750 years from the 29th September 1800, at the rent of £110, then currency. This lease reserves to the heirs and assigns of Richard, Lord Viscount SHANNON "all woods and underwoods, timber trees, mines and minerals, quarries, waifs, estrays, goods of felons and fugitives, and felons of themselves *deolands, treasure trove and all other royalties whatsoever, now or at anytime hereafter growing, appearing or being in or upon the demised premises; with free liberty of ingress, egress and regress to cut, dig and carry away same, at his and their will and pleasure; and also the sole liberty of hunting, hawking, fishing, fowling upon and throughout the premises." And said lease contains a covenant on the lessee and his assigns to do [suit] and service at the Courts of Leet and other Courts of *Carrigaline, alias Beaver; and to grind all corn and grist to be expended on the premises at the mills of the heirs of Lord Viscount Shannon, at Carrigaline; also contains a covenant upon the lessee, his executors, administrators and assigns to keep in good and sufficient tenantable order, repair and condition all houses, buildings. hedges, fences, trees, and other improvements whatsoever, which then or thereafter should be built, erected, planted or made on said premises; and the purchaser will be bound by such reservations and covenants. The purchaser will not be at liberty to require evidence of the title of the lessor, nor to object by reason of any incumbrance affecting his interest. _____________________________________________________________________________ DESCRIPTIVE PARTICULARS and RENTALS OF LOT No. 5 Dwelling-houses and Premises in Wellington Place, City of Cork, held under lease for 900 years from 26th March 1826 RENTALS - LOT No. 5 RENTS Gale Days 25th March and 29th September DENOMINATION TENANTS' NAME YEARLY RENT 1] No. 9, Wellington-Place Unlet £36 0s. 0d. Dwelling-house and Garden NATURE OF TENANCY: [NONE GIVEN] OBSERVATIONS: The rent here stated is the amount of the Surveyor's Valuation. These houses are all respectable residences four stories high, having coach houses and stabling attached and are situated at Wellington Place, a respectable private part of the City of Cork. -------- 2] No. 10, Wellington-Place Mr. William £40 0s. 0d. Dwelling-house yard THORNTON and garden Garden NATURE OF TENANCY: [THORNTON] TENANCY Under Court of Chancery, pending cause of CUMMINS v. CUMMINS and determinable by the sale in this matter. OBSERVATIONS: [Ditto above] -------- 3] No. 10, Wellington-Place James BEALE, Esq. £50 0s. 0d. Dwelling-house yard THORNTON and garden and stables NATURE OF TENANCY: [BEALE]Tenancy from year to year, determinable 25th March each year. OBSERVATIONS: This rent has been reduced under the order of Court of Chancery, to the sum of £45, pending cause of CUMMINS v. CUMMINS, Poor Law Valuation £107 0s. 0d. __________________________________________________________________________ DESCRIPTIVE PARTICULARS and RENTALS OF LOT No. 6 Dwelling-houses and Premises No. 12, Wellington Place, Cork, held under lease for 900 years from 29 September, 1813 RENTALS - LOT No. 6 RENTS Gale Days 25th March and 29th September DENOMINATION TENANTS' NAME YEARLY RENT 1] Dwelling-house James ADAMS, Esq. £50 0s. 0d. and garden and stables, No. 12 Wellington Place NATURE OF TENANCY: [ADAMS]Tenancy from year to year, determinable 29th Sept. each year. OBSERVATIONS: This rent was reduced under the order of Court of Chancery, to the sum of £45, pending cause of CUMMINS v. CUMMINS, This house similar to those on Lot 5, and consists of four stories high, and has coach house, stable and garden attached Poor Law Valuation £35 0s. 0d. _______________________________________________________________________________________ LOTS 5 & 6 - HOUSES IN WELLINGTON-PLACE, CORK PRELIMINARY OBSERVATIONS -LOT 5 ______________________________________________ Lot No. 5 - Is held under a lease bearing date of the 18th January, 1827 and made between John LESLIE and John NASON, trustees named in the last will and testament of James BONWELL, of the first part, and Dominick SARSFIELD, and Mary his wife, of the second part, and Joseph King CUMMINS of the third part and the Premises are thereby demised and now to be sold are therein described as that piece or plot of ground, part of the the lands of Farrenverdowney. or Verdon's Land, containing in breadth, from North to South, 82 feet, in depth from East to West, 220 feet more or less, situate Wellington-place, in the Parish of St. Anne Shandon, and also reserves to Nicholas CUMMINS and Nicholas Marshall CUMMINS, (the then tenants of other parts of the said premises) and to their executors, administrators and assigns all such right away and passage through the thereby demised plot of ground, in as full and ample a manner as were theretofore granted to them by James BONWELL in their lease of such other portions of said Premises; and also reserves to such person as might. for the time being, be entitled thereto all royalties to be said on said piece of ground, or any part thereof, and to search for, dig, and carry away same, making reasonable compensation for injury done: TO HOLD for 900 years, from 25th March 1826, at the rent of £17 7s. 6d., payable half-yearly on the 25th March and 29th September; and said Lease contained a covenant that said Joseph King CUMMINS should not make or cause to be made any windows or apertures in any wall then or thereafter to be erected on the north bounds of said Premises above the height of nine feet from the then surface of the passage. This lease contains a covenant on the Lessee and his assigns to keep the premises in good and sufficient repair. ____________________________________________________________________________________ PRELIMINARY OBSERVATIONS - LOT 6 ______________________________________________ Lot No. 6 - is held under a lease bearing date of the 3rd January, 1814 and made between the said John LESLIE and John NASON, of the first part, Mary SARSFIELD, of the second part, and Nicholas Marshall CUMMINS, of the third part and the Premises are thereby described as a piece or plot of ground, part containing in breadth, from North to South, 24-1/2 feet, and in depth from East to West, 107 feet, more or less, with the two vaults under part of said ground, bounded as therein mentioned, situate at Wellington-place, in the Parish of St. Anne Shandon, and the City of Cork. TO HOLD for 900 years, from 29th September, then last, at the yearly rent of £33 3s. 6d., late currency, payable half-yearly equivalent to £30 12s. 6d, present currency. This lease contains a covenant upon the Lessee to keep the premises in good and sufficient repair and condition. _____________________________________________________ See KILDARE County Pages for Lot 7 - The the Impropriate Tithes, great and small, arising out of the lands of Rickardstown and Scarletstown _________________________________________________________________________ Source: FHL# 0258795 Encumbered Estates - County Cork.