Land: CORK, In the Matter of the Estate of Hill GILLMAN-OWNER
Ex-Parte: Charles DALY; Petitioner
Ireland Genealogy Projects Archives
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Contributed by C.Hunt & M. Taylor
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IN THE COURT OF THE COMMISSIONERS FOR SALE OF INCUMBERED ESTATES IN IRELAND
CITY OF CORK: To be sold by Auction: At the Public sale room of Mr. Roger B. EVANS, No. 54 South Mall, Cork
on Saturday the 10th of October 1857 at the hour of one o'clock.
All further information may be obtained at The Office of the Commissioners-Dublin: Messrs Richard MEADE
and Sons, Solicitors for Petitioner, No. 8 Kildare-street, Dublin: Mr. Hugh GREEN, Kinsale; or to
Mr. Roger B. Evans
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RENTAL and Particulars of
Part of the Lands of ARDKILLY, otherwise SANDYCOVE, containing 47a 1r 30p statute measure
Situate in the Barony of KINSALE, County of Cork.
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The portion of the Lands of Ardkilly, otherwise Sandycove now offered for sale contains by a recent
survey 47a 1r 30p statute measure, is situate within a mile and a-half of the seaport Town of Kinsale, and
is approached by very good roads. There is great facility for obtaining Sea-weed and Sand for Manure at a
very trifling expense and of landing same on the property.
The Poor Rates in the Union of Kinsale in which these lands are situate have been always low.
These lands are held (with others, Ballinaboly and Knockrush) under lease dated 2yth August, 1700
from the Honourable Robert SOUTHWELL to Benjamin HILL, for 99 years determinable on the death of the survivor
of three lives, with covenant for perpetual renewal thereof on payment of a fine of £20 on the fall of
each life, the entire lands comprised in said lease, containing 520 Acres, or thereabouts, and being subject to
the yearly rent of £60 14s, late Irish currency, equal to £56 0s 7-1/2d, present currency.
Benjamin GILLMAN, (the then owner) by his will dated 17th July 1792, devised the whole of Ardkilly (being
about half the demised lands) to his son Hill GILLMAN (the father of the present owner) subject to the yearly rent
of £30 7s late currency to be paid to the head landlord: and devised Ballinaboly and Knockrush to his (testator's) son,
Holmes GILLMAN, subject to the yearly rent of £30 7s late currency to be paid to the head landlord.
And said Hill GILLMAN, by his will dated 8th October 1917 devised that portion of Ardkilly, now
offered for sale, to the owner, subject to £10 2s 4d of said rent of £30 7s; consequently the part now
about to be sold has heretofore contributed £10 2s 4d late Irish currency, equal to £9 6s 10d, present
currency, being one-sixth of the entire rent reserved by said lease as its proportion thereof. The said
rent of £56 0s 7-1/2d is, under said wills, accordingly contributed as follows: -
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ARDKILLY
Hill GILLMAN £9 6s 10d
Benjamin GILLMAN DITTO
Richard GILLMAN DITTO
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BALLINABOLY AND KNOCKRUSH
Representatives of Holmes GILLMAN £28 Os 1-1/2d
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£56 0s 7-1/2d
The entire lands are also subject to twelve pence in the pound for every distress taken on
the premises for nonpayment of rent. Said lease reserves to the lessor the right of fishing, saving and
curing fish in the creeks and harbours. of Knockrush and Sandycove, with convenient room for
landing and curing the fish, and drying the fishermen's nets and for building and making conveniences
for that purpose, and liberty of ingress and regress.
Also reserves all wrecks of the sea cast upon the premises and all waifs, estrays, deodands,
felons' and fugitives' goods, fines, amerciaments, forfeitures and seizures and all mines, minerals
and quarries of all sorts, with liberty to take away same: and further liberty of hunting, hawking,
fishing and fowling thereon.
It contains a proviso against selling or demising the premises or any part thereof, by any
person or persons, save a child or children without first tendering same to Lessor at the rate of
40s less than the offer of another within twenty days for lessor to accept or refuse same, and before
any such sale or demise, that lessee pay to lessor 40s and obtain Lessor's consent in writing under hand and seal.
A covenant that in case lessor is doubtful of the existence of any life, he may serve notice on lessee
to prove existence within three years and if not proved within that period that said life be deemed dead.
Also a covenant that in case lessee does not apply for a renewal within six months after the death of
a life, the lessor shall be entitled to a fine of 40s per month after the expiration of the six months until
such renewal be taken out.
A covenant to let back to the lessor six or eight acres next to the old mill of ARDKILLY, in
case he wished to set up the old mill again.
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The first renewal bears date 20th February 1765 and was made by Francis KEARNEY TO Elizabeth KEARNEY
Mary WHITE, and Benjamin GILLMAN and the last renewal bears the date 25th August 1830 made by Thomas
ROCHFORD to Elizabeth GILLMAN, Hill GILLMAN, Richard GILLMAN, Benjamin Hill GILLMAN and Holmes GILLMAN,
for term of 99 years from the 25th day March then last provided John GILLMAN, Richard GILLMAN and
David GILLMAN, (who are still living) should so long live.
The original lease of 1700 is not forthcoming and the renewals are in the possession of
other members of the GILLMAN family, holding other portions of these lands, but compared copies
of the first and last renewals will be handed to the purchaser.
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Conditions of Sale
That the purchaser shall not be a liberty to require evidence, or object to, the title of the Lessor
in the above lease, or to object to by reason of any incumbrances affecting his interest, or require
evidence of said lands not being liable ti any other or greater proportion of said head-rent than
the sum above stated, or object by reason of their liability to the said rent so reserved aforesaid.
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RENTAL
Gale days 25th March and 29th September each year UNLESS otherwise noted
DENOMINATIONS TENANTS NAMES RENT Land
£ S D
1] ARDKILLY, part of Her Majesty the Queen 46 3 1 0a 2r 0p
1st May & 1st Nov
PARTICULARS OF TENANCY: Lease dated 26th February 1823 for 6i years from 1st November 1822 t o
Roger Edward GREEN, Collector, of Kinsale in trust for Her Majesty at rent of £50 late currency.
There are built on these two roods and demised by this lease, eight dwelling-houses, which are occupied
by the Coast-Guards stationed at Sandycove.
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2] Ditto Richard GILLMAN 25 0 0 11a 0r 0p
PARTICULARS OF TENANCY: Lease dated 10th September from Hill HILLMAN to Benjamin Hill GILLMAN for
9,000 years from 25th March, 1822. This lease grants the lessee the full free and uninterrupted use
of the usual road or passage to and from Sandycove Strand and of the road or passage then lately made
by said Benjamin Hill GILLMAN through part of the lands of Ardkilly belonging to the said Hill GILLMAN
and leading from the high road to the demised premises and of all other roads or passages belonging to
or used or enjoyed with the premises.: and also full liberty to the lessee, his executors, administrators,
his assigns, at all times of taking and drawing away from the Strand of Ardkilly the same quantity of
Oar-weed, Sea-weed, sand and other manure which John BOHANE for manuring and improving the demised
premises. Rent. £27 1s 8d Late currency.
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3] Ditto John DONOVAN 3 10 0 1a 0r 0p
PARTICULARS OF TENANCY: Tenant from year to year, determinable 29th September in each year.
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4] Ditto Maurice LEHANE 5 7 6 2a 0r 0p
PARTICULARS OF TENANCY: Tenant from year to year, determinable 29th September in each year.
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5] Ditto Richard GILLMAN 18 0 0 32a 3r 30p
1st May & 1st Nov
PARTICULARS OF TENANCY: Tenant from year to year, determinable1st November in each year. This farm
was let under the Court of Chancery to the present tenant in the year 1851 at this rent which is
greatly under its value.
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6] Ditto Store ... ... ... ...
PARTICULARS OF TENANCY: In owner's possession. (Hill GILLMAN)
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SOURCE: Vol. 4 - FHL# 0258795 Encumbered Estates - County Cork.