Cork - Mayne, Robert December 30, 1885 *********************************************** Ireland Genealogy Projects Archives Cork Index Copyright ************************************************ File contributed by: Peter Roche p_roche@hotmail.com February 17, 2009, 5:11 am MAYNE, ROBERT DECEMBER 30, 1885 Source: National Archives, Dublin Written: December 30, 1885 Robert Mayne of Patricks Hill, Cork City Cork City Alderman Will dated 30.12.1885 Died 1890 This is the last Will and Testament of me Robert Mayne of Patricks Hill in the City of Cork Pawnbroker. I do hereby (unclear) former wills and testamentary dispositions made by me. I give devise and bequeath to my wife Anne Mayne my house on Patrick Hill Cork with the plate linen (unclear) glass books, pictures prints Wines liqours, furniture and other household effects which shall be in the said House at the time of my death and my horse and car and also at Gony(?) House proporting of whatsoever tenure wheresoever situated accept the house in Deane Street here in after mentioned (unclear) absolutely for her own sole use and benefits I give and bequeath the house in Deane Street, St Finbarrs in which I now carry on the business of a pawnbroker under (unclear) of Anne Roche and Co together with the said business and the goodwill thereof and all the stock pledges fixtures and defects which at the time of my death shall be employed or deposited therein and all monies and debts which shall then belong or be due to me for or on account of the said business to my daughter Anne Roche wife of Thomas Roche for her own sole and separate use (unclear) from the debts control and engagements of her present or any future husband. I also bequeath the said Anne Roche the sum of £2,000 for her own sole and separate use free from the debts (unclear) and engagements of her present or any future husband and her receipt alone shall be discharge for the same (unclear). I bequeath to each of my grand children Robert Francis Guy, Percy Claude Guy and Violet Constance Guy the sum of £1,000 on condition they are not removed out of the United Kingdom during their respective minorities provided always and thereby declare that if any one or more of my said grand children Robert Francis Guy, Percy Claude Guy, and Violet Constance Guy shall die being (unclear) under the age of twenty one years or being female under that age and unmarried or having been married without leaving issue then as well the original legacy of every or any grand child so dying as well as the share or shares which by virtue of this present clause shall have .... wed or decrued (?) To him or her of and in the legacies of there or other of them shall go over to the others or other of my said grand children and if more than one absolutely as tenants in common in equal shares. And I further declare that if one of my said grand children being male shall attain the age of twenty one years or being female shall attain that age or marry and leave (unclear) then the said several legacies of £1,000 shall fall unto and form part of my residuary estate. I bequeath to my grand children Benjamin Robert Roche £600, Charles Roche £300, Anne Roche £500, Mary Roche £200, Thomas Roche £300, William Roche £200 and Sarah Roche £200, said legacies to be paid as to males on their attaining of twenty one years -- and as to females on their attaining the like age or on their marriage which shall first happen provided always and I declare that if any one or more of my said grand children Benjamin Robert Roche, Charles Roche, Anne Roche, Mary Roche, Thomas Roche, William Roche and Sarah Roche shall die being (unclear) under the age of twenty one years or being female under that age and unmarried or having been married without leaving issue then as well the original legacy of every or any grand child so dying as well as the share or shares which by virtue of this present clause shall have survived or accrued to him or her of or in the legacies or legacy of the others or other of them shall go over to the others or other of my said grand children and if more than one above stated (?) as tenant in common in equal shares. And I further declare that if none of my said grand children being made shall attain the age of twenty one years or being females shall attain that age or marry and leave issue then the said several legacies shall fall into and form part of my residuary estate. I bequeath the following legacies that is to say to my daughter Sarah Marie Mayne £10,000 and to my other in law William Thompson £100, I give devise and bequeath all my real and personal estate on at hereby otherwise disposed of unto my friends Edward Clebaine (?) Thomas Henry Jermyn and my wife Anne Mayne and daughter Sarah Marie Mayne (hereinafter called my trustees). Upon trust that my trustees shall sell call in and convert into money the same or such part thereof shall not consist of money and shall with and out of the monies produce by such sale calling in and conversion and with and with out of my ready money pay my funeral and testamentary expenses and debts and the legacies bequeath this my Will or any Codicil thereto and shall at the discretion of my trustees invest the residue of the said monies with power to vary such investments and shall stand possessed of the said residue trust monies and the investments for the time being (unclear) (hereinafter called the residue trust for the trusts following that is to say trust the income thereof to pay to my said wife the sum of £200 yearly for her by equal quarterly payments the first of such payments to be made at the expiration of three calendar months after my decease and subject the (unclear) the payment thereof shall stand possessed of the residuary trust funds. Upon the trusts following (that is to say) as to one thereof in trust to pay the income thereof to my daughter Sarah Marie Mayne during her life and so that while she shall be under coverture the same shall there be for her sole and separate use and so that she shall not have power to dispose of the same in the way of anticipation. And after the decease of the said Sarah Marie Mayne in trust for such child children or remoter issue of the said Sarah Mairie Mayne in such shares (if more than one) and in such maner as the said Sarah Marie Mayne shall by any deed or deeds or by her Will whether under covertureor not appoint. And in default of such appointment and so far as any such appointment shall not extend in trust for all the children of the said Sarah Marie Mayne for being a son or sons shall attain the age of twenty one years or being a daughter or daughters shall attain that age or marry in equal shares and if there shall be only one such child the whole to be trust for that one child but so that no child who or any of whose issue shall take any share under any such appointment as aforesaid shall participate in the unappointed part of the siad moiety without bringing the share or shares appointed to him or her or his other issue into hotchpot and accounting for the same according by unless the said Sarah Marie Mayne shall by such appointment direct the contrary . And if there shall be no child of the said Sarah Marie Mayne who being a son shall attain the age of twenty one then in trust for such person or persons and in such manner as the said Sarah Marie Mayne shall by any deed or deeds or by her Will whether under coverture or not appointed in default of such appointment and so far as any such appointment shall not extend then upon her trust for the executors and administrators of the said Sarah Marie Mayne. And as to the remaining moiety thereof to pay the same to my wife and for her own use and benefit absolutely. And I declare that my Trustees may at any time or times raise any part or parts not according together of there sted or presumptive shares of any child or either of the said Anne Roche or of the said Sarah Marie Mayne under the trusts of this my last will and may either pay the monies so to be raised as aforesaid to such child or remote issue or otherwise apply the same for his or her preferment advancement or benefit as my trustees shall think fit. And I also declare that my trustees may post one the sale and conversion of my real and personal estate or any part thereof so long as they shall think fit and that the rents profits and income to accrue from and after my decease of and from such part of my estate shall for the time being remain unsold and unconverted shall after payment of incidental expenses and outgoings be paid and applied to the person and persons and in the manner to whom and in which the income of the monies produced by such sale and conversion would for the time being be payable or applicable under this my Will if such sale and conversion had been actually made. And also declare that all moneys liable to be invested under this my Will may be invested in or upon any stocks funds or securities or guaranteed by the Government of the United Kingdom .. And British Colony or Dependency or in stock of the Bank of England or Ireland or the Debentures or Debenture stock or guaranteed or preference stock or shares of any Railway or other Company in Great Britain or Ireland or India incorporated by Act of Parliament or Royal Charter and paying a dividend or its ordinary stock or share or S?hon?eal or leasehold securities in England or Wales or Ireland but not elsewhere such leasehold securities being held for a term whereof sixty years at the least shall (unclear) expired at the time of such investment and intending money or any mortgage security my Trustees may accept whatever title or evidence of title shall appear to them sufficient and in particular may in the case of leasehold securities waiver the production of the Lessor title without being answerable for any loss arising thereby and my Trustees may release any part of the property comprised in any mortgage security if satisfied that the remaining property is a sufficient security for the money owing therein. I appoint the said Edward Cleburne, Thomas Henry Jermyn and my wife Anne Mayne and daughter Sarah Marie Mayne Executors and Executrixes of this my Will and I bequeath to each of them the said Edward Cleburne and Thomas Henry Jermyn who shall dep(?) As an Executor and Trustee of my said Will a legacy of £50 free of legacy duty for his trouble in so acting and I declare that the said Thomas Henry Jermyn shall be entitled to charge my estate for all business done by him in relation to my estate or the trusts of this my Will in the same manner as he would have been entitled to charge my Executors and Trustees for the same if he had not been himself an Executor or Trustee but had been employed by my Executors and Trustees to do such business as their solicitor in witness whereof I have herein to set my hand this 30 December 1885 ------ Robert Mayne ------- Signed published and declared by the said testator as and for his last Will and Testament in the presence of us who at his request in his presence and in presence of each other all being present together have hereunto subscribed our names as witnesses ---- Richard Norris, Clerk to Thomas H Jermyn, Solicitor, Cork --- John Jermyn Solicitors Apprentice ---- This is a Codicil to the foregoing Will. I hereby direct that the legacies left to my grand children Robert Francis Guy, Percy Claud Guy and Violet Constance Guy shall not be payable unless they are permitted during their minorities to reside with or be under the sole control and management of my Wife or my daughter Sarah Marie Mayne or some other member of my family. I further direct that if the legacy of £600 left to my grand son Benjamin Robert Roche shall be paid to him by quarterly payments of £25 each the first payment to be made at the expiration of 3 months after my decease. I hereby confirm said Will in all othe particulars. In witness whereof I have hereunto set my hand this 24 April 1886 --- Robert Mayne --- Signed by the Testator Robert Mayne and for a Codicil to his last Will and Testament in the presence of us present at the same time who have hereunto subscribed our names as Witnesses in the presence of said Testator and of each other Charles Jermyn, Solicitors Apprentice, John Jermyn, Solicitors Apprentice