Waterford - McCarthy, Felix November 28, 1767 *********************************************** Ireland Genealogy Projects Archives Waterford Index Copyright ************************************************ File contributed by: Rosalind Dunning ros.dunning@outlook.com January 26, 2019, 10:21 am MCCARTHY, FELIX NOVEMBER 28, 1767 Source: National Archives Kew England Written: November 28, 1767 Recorded: January 26, 2019 In the Name of God Amen I Felix McCarthy of the City of Waterford Merchant being sick and weak in Body but of sound and disposing Mind Memory and Understanding thanks be to God for the same And knowing that it is appointed for all Men once to die Do make and publish this my last Will and Testament in manner and form following that is to say first I commend my soul to God who gave it hoping and assuredly Trusting that in and thro' the Merits Death and Passion of my blessed Saviour and Redeemer Jesus Christ to receive pardon and remission of all my sins and enjoy life Everlasting And as to my Body I comit it to the Earth to be buried in such Order and manner as herein after is mentioned And as to such worldly Substance Estate fortune wherewith it hath pleased God to bless me I leave devise bequeath and dispose thereof in manner and form following first I order and direct that all my Just Debts and funeral Expences be paid as soon as conveniently may be by my Executors hereinafter named Secondly I leave and bequeath unto my Daughter Ann McCarthy the sum of Eight hundred pounds ten shillings Thirdly I leave and bequeath unto my Daughter Mary McCarthy Six hundred pounds ten shillings fourthly I leave and bequeath unto my Son Felix McCarthy Eight hundred pounds ten shillings fifthly I leave and bequeath unto my Son Charles McCarthy Six hundred and fifty pounds ten shillings Seventhly I leave and bequeath unto my Dearly and well beloved Wife Mary McCarthy Eight hundred pounds said several Legacies amounting in the whole to Three thousand six hundred pounds Ster of lawful money of Ireland the whole to be placed out at Interest and the Interest or sum arising yearly therefrom to be applied to the support and Maintenance of my said Wife and support of my said Children until my said Children shall become of Age or be Married whichever shall first happen and as they respectively so become of Age or be married then my Will is that the said respective fortunes of my said Children shall be disposed of to their Advantage as the Prudence Care and Circumspection of my Executors shall Direct and in case of the death of either or any of them my said Children before their Age of Twenty one years or day of Marriage then my said Wife and the survivors or survivor of them my said Children are to have and equally enjoy share and share alike the fortune of such Child so dying And in Case all my said Children should happen to die under Age and without lawful Issue in the lifetime of my said Wife and she shall happen to Survive them then the Interest of the whole sum of Three thousand six hundred pounds aforesaid shall be and Enure to my said Wife during her natural Life And that if she shall remain a Widow but not otherwise it shall be lawful for her at the time of her death to dispose of Three hundred pounds Part of the said Three thousand six hundred pounds in such manner as she by her last Will and Testament or otherwise shall direct limit or appoint But if she should Marry or take another Husband then she is to have no more than the Interest thereof during her life as aforesaid And in case my said Wife shall happen to die a Widow in the life time of all or any of my Children then the Remainder of the said Legacy of Eight hundred pounds so Bequeathed to her is to go to and be equally shared amongst such Children if more than one and if but One then to Such one Child so surviving her And my Will is and I order and direct that in case of the death of all my said Children under Age Unmarried And also in case of the Death of my said Wife in her Widowhood or Coverture as the case may happen to be then the whole Legacies then the whole Legacies aforesaid or what shall remain after deducting the Three hundred pounds which my Wife is to dispose of on the Contingency aforesaid shall go to and be equally divided amongst twelve of my poorest Relations by Blood share and share alike Item I leave and bequeath unto my Kinsman Randall Hurley of Lislee near Bandon farmer the sum of Thirty pounds Item I leave and bequeath unto my Cousin Felix McCarthy who is a Cooper and Baker in Corke the sum of Seventy pounds I also leave and bequeath to Mr Michael Fitzgerald of Waterford Three hundred and fifty pounds Ster to be applied according to my written Directions to him but not without the Concurrence and Approbation of Mr James Wyse of Waterford Merchant Mr John Archbold of the same Merchant and my said Wife Mary McCarthy and I particularly Order that such my written directions shall not be perused or shewn to any other person or persons than my Executors herein after named I also give and bequeath unto my said Wife all my Plate Household goods and furniture of every kind whatsoever to be by her enjoyed for ever I also leave and bequeath to my said Daughter Ann my Topaz Buttons set in Gold as a particular mark of my Affection Item I leave and bequeath my Watch unto my son Felix McCarthy Item I leave and bequeath unto my trusty Maid servant Catherine Gahan the sum of Twenty pounds Ster as a reward for her Honesty and fidelity And as to the rest residue and remainder I bequeath the same to my aforesaid Wife and Children or the Survivors of them share and share alike As I am in Hopes if God Prospers my late Adventures in Trade and Commerce there will be a considerable increase to the fortune hereby disposed of said Residuum to be under the same Restrictions Contingencies and Limitations as the other Legacies herein before mentioned but in case of loss by sea or otherwise upon such Adventures (which God forbid) then my said Wife an d Children are to bear a share in such Loss in Proportion to their aforesaid several Legacies And lastly I do hereby nominate and appoint the aforesaid Michael Fitzgerald James Wyse and John Archbold and my said Wife Mary Executors of this my last Will and Testament and for the pains of the aforesaid Michael Fitzgerald James Wyse and John Archbold in and about the Execution of this my Will and the love trust and Confidence which I have for and repose in them I leave unto each and every of them Twenty pounds Ster as a Memorial of my Esteem And I do hereby further Will and direct that out of the Residuum of my fortune the sum of One hundred pounds be applied and laid out to such Charitable Uses as to my said Executors shall seem meet And I order that I may be Interred without Pomp or Ostentation but that six poor reduced Men shall each be Cloathed with a full suit of Black Cloth and that they shall support my Pall to the Ground And I do hereby revoke and renounce as null and make void all other or former Will or Wills by me at any time heretofore made allowing ratifying and confirming this and no other to be my last Will and Testament In Witness whereof I have hereunto set my Hand and affixed my Seal at the City of Waterford this 28th day of November 1767 Felix McCarthy (Attestation Clause) Att. Gaule _ James Foster Not. Pub. Proved at London 6 April 1767 PCC Prob11/938