Will: McCarthy, Justin March 19, 1825 *********************************************** Ireland Genealogy Projects Archives Dublin Index Copyright ************************************************ File contributed by: Rosalind Dunning ros.dunning@outlook.com April 22, 2018, 1:51 pm MCCARTHY, JUSTIN MARCH 19, 1825 Source: National Archives Kew England Written: March 19, 1825 Recorded: April 22, 2018 In the Name of God Amen I Justin McCarthy of the City of Dublin being in good health and sound mind and memory doth make and declare this to be my last Will and Testament in manner and form following that is to say first I give and devise to each of my daughters Kitty Rose and Nancy three thousand pounds and also the use of the house and furniture in Gardiners place in which I now reside jointly with my brother Justin hereinafter mentioned whilst they or either of them remain unmarried it being my anxious wish that they should reside together until that period should any or either of them be obliged or induced to quit or remove from the said house before the above stated period by the ill treatment ill conduct or any other sufficient cause given to her or them by their said brother then it is my Will and desire that he or my Executors hereinafter named shall pay to her or to them so excluded sixty pounds a year and every year whilst so debarred out of the property herein after demised to him exclusive of the above mentioned donation secondly I give and devise to my only surviving brother Patk of the City of Waterford one hundred pounds yearly and every year during his natural life payable half yearly together with the further sum of two hundred pds payable immediately after my death thirdly I give and devise to each of my ill conducted Sisters twenty five pounds yearly and every year during their then lives payable half yearly together with twenty pounds apiece payable immediately after my death fourthly I give and devise to each of my deceased brother Daniel's daughters or to the survivor of them fifty pounds payable immediately after my death lastly I give and devise to my only Son Justin the residue or whole remr of my estate whether real personal or mixed and of whatever nature or kind or wheresoever the same may be situated which I shall be possessed of interested in or intitled to at the time of my death during the term of his natural life and after his death to his male issue in legal succession for ever subject to the after mentd regulation and contingencies my daughters herein before named shall be paid the interest of their respective fortunes half yearly if required until the time of their marriage and the prinl sum immediately after marriage provided nevertheless and on condition that the same shall take place with the consent and approbation of my Exors hereinafter named but shall any or either of them be so imprudent as to chuse for herself contrary to the advice and consent of my said Exors and improper or imprudent husband then and in that case it is my Will and desire that her or their portions herein devised shall revert to her brother Justin herein before mentd or his lawful heir or his or either of them issuing ample or approved security to her or them so transgressing for the regular payment of two hundred pounds a year and every year during her or their natural lives payable half yearly and also should any or either of them die unmarried her or their portion herein devised shall fall to their aforesaid brother or to his legal heir shall Justin die unmarried or leave no lawful Children after his death the whole of the property hereby devised to him shall go to his three sisters before named and to my brother Patrick in equal shares but should either of them be dead his her or their share shall go to the lawful Children if any of such deceased father or mother in equal shares should he leave no lawful son or should such son die unmarried or if married leave no lawful Male issue and that he should leave daughters in this case the whole of the property I hereby devised to him should go to these my grand daughters and to his sisters before named or to the survivors of them or their issue in equal shares as above directed but should these Grand daughters die unmarried then the whole of this devise is to be disposed of in equal shares between my said daughters and my brother Patrick or their issue as above specified Should Justin and his three Sisters hereinbefore named die unmarried their proportions hereby devised to them shall devolve to my brother Patrick before named and to his Son and daughters in case of his and in that case each of my late brother Daniel's daughters herein before named or to the survivors of them or their issue if any shall get five hundred pounds each immediately paid to them and also to Thomas and Mary Egan my Sister Catherine's Son and daughter five pounds between them they having already obtained a portion of my means unmeritted and afterwars undeseaved (undeserved?)I hereby nominate & appoint my worthy friends the right Honble Peter Count D; Alton Richd Levisay Esqr Thomas Macklin Esquire and my daughter Kitty all of the City of Dublin the survivors or survivor of them to be the Exors of this my last Will hereby revoking all former Wills by me heretofore made and I also request that each of my said Exors will plased to ten pounds to be paid out of my last devise to purchase a mourning ring as a small mark of my esteem and I earnestly entreat that the will excuse the liberty I have taken in appointing them to this trust and trouble In Witness whereof I have hereunto set my hand and seal this fourth in the year of our Lord one thousand eight hundred and twenty two and in the second year of his present Majesty King George the fourth's reign Justin McCarthy (Attestation Clause) Wm J Fennell _ Ambrose Ryan _ Thomas Beale _ Jos W Fennell _Thomas Fennell Proved at London 19 March 1825 by the oath of Kitty otherwise Catherine McCarthy power reserved to other Executors inc Richard Livesay in the Will written Levisay PCC Prob11/1697