Tipperary Encumbered Estate Records

Thomas Lalor Estate Sale 
Contributed by Clare Tuohy <annclare at gofree.indigo.ie> 

In The Matter Of The Estate Of Thomas Lalor Cooke, Assignee Of George Clarke, Owner Nicholas 
Sadlier, Petitioner Rental Of All That And Those Part Of The Lands Of Derrinboy, 

In The Barony Of Ballyboy And King’s County As Described In The Annexed Rental Lot No 1 

And Of The Lands Of Ballycahill, And Part Of Kilcleary, Now Known As College-Hill, Situate In The 
Barony Of Eliogarty, And County Of Tipperary, As Described In The Annexed Rental, Lot No 2 To Be 
Sold In Two Lots, By The Commissioners At Their Court, 14 Henrietta-Street, Dublin, On Friday, The 
19th Day Of January 1855, At The Hour Of Twelve O’clock At Noon  

For Further Particulars And Rentals, Apply To The Secretary Of Commissioners, No 14 , 
Henrietta-Street Dublin; And To James B. Kennedy, Solicitor Having The Carriage Of The Proceedings, 
5 Great Denmark St., Dublin; Nicholas Sadlier, Esq., The Petitioner, Tipperary; John Fawcett, 
Solicitor, 16 Upper Mount-Street, Dublin; Thomas H. Harden, Esq., The Receiver, Summer-Hill; 
Borrisoleigh; And Thomas Lalor Cooke, Esq., Assignee Of The Owner, Parsonstown.

 

 

  

                  
Denominations
                  
Tenants' Names
                  
Quantity of Land
A. R. P.
                  
Yearly Rent
£ s d
                  
Tenure
            
            

            
Ballycahill & Kilcleeary ctd
            
Brought Forward
            
942  3  28 
            
490  6  11
            

            
            

            

            
Michael Moore
            

            

            
Rents from year to year, tenancy determinable 1st May of each year
            
            

            
Shared
            
Michael Purcell
            
111 1  30
            
88 16  10
            
 
            
            

            
Shared
            
Patrick Maher
            
 
            
 
            
 
            
             

            
Shared
            
Thomas Ryan
            
 
            
 
            
 
            
            

            
Ballycahill
            
Thomas Gray
            
83 2 22
            
53 7 1
            
Lease dated 1st October , 1832, from William Bernard, Esq. to Judith Mackey, 
widow of Patrick Mackey, and Michael Bohan, for 21 years. This lease expired.
            
            

            
Same as above
            
Daniel Bohan & Partner
            
 
            
 
            
 
            
            

            
Same as above
            
John Morkan
            
13 3 10
            
7 7 8
            
Tenant from year to year, tenancy determinable 1st May in each year
            
            

            
Same as above
            
John Kennedy (Long)
            
33 2 30
            
12 8 2
            
Tenant from year to year, tenancy determinable 1st May in each year
            




The lands of Ballycahill, and that part of Kilcleary now for sale, which lands are now known as College-Hill are held by 
a lease dated the 30th April, 1846, made between the Provost, Fellows and Scholars of the Holy and Undivided Trinity of 
Queen Elizabeth, near Dublin, of the one part, and Richard Wellesley Bernard, Esq., of the other part, for the term of 
twenty-one years, from first of November 1845, at the yearly rent of £494, together with one shilling in the pound 
receiver’s fees, and subject to paying on every Twentieth December during said term of twenty-one years, one fat brawn 
and two barrels of good oats, or £1 16s 11d in lieu thereof, at the election of the lessee, his executors, 
administrators and assigns (excepting and always reserving to the said Provost, Fellows and Scholars, and their 
successors, all and singular the advowsons, donations, nominations, presentations, and right of patronage unto all 
rectories and vicarages of, in, and upon the premises and all and singular the tithes and glebe lands assigned to the 
Church, to be holden and enjoyed by the then present incumbents and their successors; and also excepting and reserving 
the senelchalship of the demised premises, with all fines and amerciaments, and other profits of courts, waifs and 
strays and all other emoluments to the said senelchaship that should be in or upon the premises, or any part thereof, 
with free ingress, egress and regress thereunto, and the jurisdiction thereof, with liberty to hold all manner of courts 
therein, and all mines, minerals, and quarries of slate on the premises and not elsewhere, which said indenture (amongst 
others) contains a covenant on the part of the said lessee, his executors, administrators and assigns, that he the 
lessee, his executors, administrators and assigns, or some of them should and would, within the first ten years of the 
said term, build, or cause to be built, upon some part of the said lands and premises, in case the same had not been 
then already built, one good and sufficient house of lime and stone, containing at least forty feet in length, and 
eighteen feet in breadth, within the walls, with windows and chimneys, one story and a-half high, and to such house so 
built, should cause a plot of ground to be set out for a garden and orchard, and the same should enclose with a large 
ditch and quick set hedge, and should cause the same to be well planted with fruit trees, orderly, to be set within the 
same, and should make, or cause to be made a good and sufficient enclosure of meadow and pasture, containing six acres 
of land, at least, about or near adjoining to the said house which was or should be built, and should cause the same to 
be well and sufficiently fenced with a large ditch and quick set hedge, and that in such enclosure there should be st, 
in good order, oak, ash, fir, and elm, and which should be carefully preserved, and should, within the said term, lay 
out and expend thereon, and in other improvements, £461 10s 9d sterling, at least , and the said house so built or to be 
built, and the said ditches, trees and quicks made and planted, or to be made and planted, in all needful and necessary 
reparations, and in tenantable condition, at the end, or sooner determination of said demise should and would peaceably 
and quietly yield and surrender up the same; and also that all and every the under-tenants residing and inhabiting upon 
the premises, should give their attendance, and should do suit and service to the several court to be held within the 
said manor; and also should and would give good and sufficient entertainment to the college agent, his servants, and 
horses, provided such entertainment should be not required above four nights in the year; and also should sow hemp and 
flax, and plant trees, as by the several acts of parliament then in force in this kingdom were directed and appointed, 
and also should and would, during the said term, save harmless and keep indemnified the said Provost, Fellows and 
Scholars, from all penalties and forfeitures that might happen to them by reason of not sowing hemp and flax, and 
planting trees, pursuant to such acts of parliament in force in this kingdom; and that the said lessee, his executors, 
administrators and assigns should and would, from time to time during the said term, well and sufficiently make, set up, 
maintain, and keep or cause to be set up, maintained and kept sufficient and convenient land marks, stones, fences, or 
enclosures upon the uttermost parts and places of the said lands and premises thereby granted, for the better keeping 
and preserving the just and true limits, mears, bounds and boundaries of the said premises from and against the common 
highways, and also from and against all other grounds and enclosures of all or any other person or persons whatsoever 
thereupon, lying, or in anywise adjoining, and to that end should once in every three years perambulate the same; and 
also if he or they should neglect so to do, or that any land should be lost by such neglect, that he, the said lessee, 
his executors, administrators and assigns, should as an additional rent, pay unto the said Provost, Fellows, and 
Scholars, and their successors, over and above the said reserved rent and fees, the yearly rent or sum of £9 4s 7d., 
sterling, to be sued for and recovered by the same ways and methods as the said rent and fees were by said indenture to 
be recovered.

And also that it should and might be lawful to and for the said Provost, Fellows, and Scholars, and their successors, or 
their agent, or such other person or persons as they should appoint, once in every three years during the said term, at 
convenient times, to come into and upon the said demised premises, and every or any part thereof, to survey the same, 
and there search and see the state and condition of the reparations of such houses, buildings, ditches, and fences that 
were, or should be, built or made in or upon the premises, or any part thereof, and to view and look after the said 
mears and bounds; and that neither he the said lessee, his executors, administrators and assigns, or any of their 
under-tenants, or any of them, should or would build or erect, or causes, permit, or suffer to be built or erected , 
during the said term on any part of the premises, any meeting houses, mass houses, or other house or houses, conveniency 
or conveniencies, for any separate congregations that differed or dissented from the Church of Ireland, as by law 
established; and that in case the said lessee, his executors, administrators and assigns, or his or their under-tenants, 
should cause , permit, or suffer such house or houses, conveniency or conveniencies, for such separate congregation, to 
be erected or built, he or they should, as an additional or advanced rent, over and above the rent and fees therein 
before reserved, pay, or cause to be paid, unto the said Provost, Fellows , and Scholars, and their successors, the 
yearly rent of £13 16 s 11d., sterling, to begin and commence from the first of the said feasts or days of payment 
whereon the said rent and fees were thereby limited and appointed to be paid, and to be sued for and recovered by the 
same ways and methods as the said rent and fees were to be sued for and recovered, as the said Provost and Fellows, and 
Scholars, and their successors , should think fit.<
 
The lands of Ballycahill are subject to a charge of £52 1s 8d., payable half-yearly for fifteen years, awarded for 
Arterial Drainage.