Cork - Dunne, Patrick September 12, 1843 *********************************************** Ireland Genealogy Projects Archives Cork Index Copyright ************************************************ File contributed by: Rosalind Dunning ros.dunning@outlook.com February 15, 2018, 3:20 pm DUNNE, PATRICK SEPTEMBER 12, 1843 Source: Parliamentary Papers Written: September 12, 1843 Recorded: February 15, 2018 Patrick Dunne, late of Rockborough, in the City of Cork, Gentleman, deceased. This is the last will and testament of me, Patrick Dunne, of Rockborough, in the city of Cork, gentleman. I give and bequeath unto Daniel Murphy, of Belleview, in the city of Cork, esq. and James and John O'Brien, of the South Mall, solicitors, the sum of 1,500 l. upon the trusts following; that is to say, that immediately after my death they, the said Daniel Murphy and James John O'Brien, shall invest the said sum of 1,500 l. in their names in the public funds or in Government security, or in real security, or upon the security of any freehold or leasehold property which may consist of freehold for lives, renewable for ever or for a term of years not less than 100 years to come from the time of such investment, with power to them to vary investment at their discretion for any other or others of the kind herein described; and that the said Daniel Murphy and James John O'Brien, and the survivor of them, and executors and administrators of such survivor, and such other trustee or trustees who may be appointed or named pursuant to the powers hereinafter contained, shall stand and be possessed of said sum of 1,500 l. And of the securities upon which same shall be invested upon the trusts following; that is to say, upon trust to pay the interest and dividends and annual produce of said sum of 1,500 l. unto Rebecca Deeble, eldest daughter of Benjamin Deeble, of the Watercourse, in the city of Cork, as same shall become due and payable, unto the said Rebecca Deeble, upon her own receipt, for her own and separate use, and free from the control of any future husband that she may think proper to marry, for and during the term of her natural life and no longer; and it is my will and desire, that the said Rebecca Deeble shall not have any power whatever to anticipate or dispose of her life interest in said sum of 1,500 l. or in the interest of same, or that same shall be in any way under the control of any future husband, or that she shall in any way incumber or have the power to incumber the same; but that the said Daniel Murphy and James John O'Brien and the survivor of them, and the executors and administrators of such survivor, and the trustee or trustees for the time beingin whom said trust fund shall vest, shall pay into her own hands, the interest and annual produce of said sum as it accrues due and payable, and not sooner, during her life; and from and after the death of the said Rebecca Deeble, and that the said Daniel Murphy and James John O'Brien, or the trustees for the time being, shall assign or transfer the said sum of 1,500 l. and all and every the securities upon which the same may have been invested to the Roman-catholic bishop for the time being of the diocese of Cork, upon the trusts following; that is to say, that he the said Roman-catholic bishop of Cork for the time shall stand and be possessed of same upon trust, to pay the interest, dividends, and annual produce of said sum of 1,500 l. unto the persons who shall then be members of the sisterhood commonly called and known by the name of the Sisters of Charity, living and holding their community now at Bishop-street or Chapel-lane, in the city of Cork, said interest and annual produce of said sum, to be expended and laid out by them the said Sisters of Charity amongst the poor of that part of the city of Cork, known amongst the Roman-catholics of said city as the North Parish, and who do not receive public aid or support, in such manner as the said above-men- tioned Sisters of Charity may think proper. } give and bequeath unto the governors or governesses of the charitable institution called and known as the Roman- catholic Magdalen Asylum, situate in Peacock-lane, in the city of Cork, the sum of 200 l., said sum of money to be placed among the funds of that institution, and to be applied for the purposes of the insti- stution as the said governors or governesses of same may think fit. I further give and bequeath unto the said community called the Sisters of Charity the sum of 100 l., said sum to be divided amongst the poor of that part of the city of Cork called and known as the North Parish, in such way as they may think fit. I further give and bequeath the sum of 100 l. to the charitable institution called and known by the name of Saint Patrick's Asylum, situate in Rutland-street, in the city of Cork, said sum to be paid to the governors of same for the use of said institution. I give and bequeath unto Michael Delay, of Ballyvolene, in the north liberties of the city of Cork, tanner, the sum of 100 l. upon trust for the use and benefit of all his children who shall be living at the time of my decease, share and share alike. I give and bequeath to Ann Deeble, second daughter of Benjamin Deeble, of the Watercourse, in the city of Cork, the sum of 50l. for her own absolute use. I give and bequeath to the said Benjamin Deeble the sum of 20 l. to purchase a ring or token in remembrance of me. I con- stitute, nominate, and appoint Michael Dunne executor of this my last will and testament, and I earnestly entreat of him to act as such; and for his trouble in acting as such I give and bequeath to him the sum of 500 l., he paying out of same all my funeral and testamentary expenses. And I further give, devise, and bequeath unto my said brother, Michael Dunne, his heirs, executors, administrators and assigns, my real estates, leasehold estates, and all and every other kind of estate, real and personal, I may die seised or possessed of, in lands, houses,or any other description of property, real or personal, as his and their own absolute property;provided always, and I hereby declare it to be my will, that if it shall so happen that said brother Michael Dunn shall refuse or decline to act as executor of this my will, or shall not within six calendar months after my decease obtain probate of same to him as executor of same, that then and in such case he shall forfeit the said legacy of 500 l. so bequeathed to him; and it is my will and desire, in case the said sum of 500 l. so bequeathed to my said brother, Michael Dunne, shall become forfeited by reason of his declining to act as my exe- cutor, that then said sum of 500 l. shall become a trust fund, in the first instance, out of same all my funeral and testamentary expenses to be paid, and the residue of said sum of 500 l. after paying same, shall be paid over to the community of Sisters of Charity before named, established in Bishop-street or Chapel-lane, in the city of Cork; it being my express will and desire that this forfeiture is not to affect any of the lands, tenements, hereditaments, or pre- mises, freehold or leasehold, which I have devised or bequeathed to my said brother. And it is my will and desire that in case all or any of the trustees named and appointed in this my will, shall refuse to act as such, that then my said brother shall be the trustee for the several purposes in this will mentioned, and that he shall have full power to appoint addi- tional or new trustees for the purpose of carrying out my respective intentions hereinbefore mentioned. And it is my further will and desire that it shall be lawful for my several trus- tees heretofore named, and the several trustees for the time being, to nominate and appoint additional or new trustees for carrying out the trusts of this my said will; provided always, that after the death of the said Rebecca Deeble, and when the said interest of the said sum of 1,500 l. shall become payable to the said community of Sisters of Charity hereinbefore men- tioned, that the Roman-catholic bishop of the city of Cork for the time being shall be one of the trustees of said trust fund ; and I hereby direct that every new or additional trustee so to be appointed, shall possess all the authorities and discretions hereby given to the trustees herein named, and in every appointment of new trustees or additional trustee, the newly-ap- pointed or additional trustees or said trustees as may be appointed by my said brother, in the emergency aforesaid, shall be considered as coming in under this my will, in the same manner as if he or they had been herein named instead of the deceased trustee, or refusing trustee or trustees. And I hereby declare that all my trustees for the time being shall be entitled to deduct all proper expenses incident to the execution of the several trusts in them reposed, and they shall be exempt from liability for involuntary losses; and I hereby revoke all other testamentary exhibitions. And further, and lastly, I give and bequeath the sum of 10 l. to the Rev. John Clanoy, of the North Parish, in the city of Cork; and the sum of 10 l. to the Rev. John Holland, of same parish, requesting each of them will offer up some masses for the repose of my soul. In witness whereof I have hereunto set my hand this 12th day of September 1843. Patrick Dunne. (Seal.) Signed by the said testator as his last will and testament, in presence of us pre sent at the same time, who, at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses, the day and year above written. Timothy Mahony, Camden Place. Richard Cody.