Land: CORK, In the Matter of the Estate of Edmond Richard CUMMINS et al Lots 2-6
Ireland Genealogy Projects Archives
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Land: CORK [6 Lots] and KILDARE [1 Lot] - In the Matter of the Estate of
Edmond Richard CUMMINS, Frederick Joseph CUMMINS, William Henry CUMMINS,
Arthur Bettesworth CUMMINS, Devisees of Joseph King CUMMINS, Deceased and
of Charlotte CUMMINS and James John CUMMINS, Executor and Executrix of said
Joseph King CUMMINS; Continued as to said Frederick Joseph CUMMINS in the name
of Thomas MANNIX CUMMINS, his heir-at-law.  Ex parte John SMYTH, Petitioner


In the Court of the Commissioners for the Sale of Incumbered Estates in Ireland
CITY OF CORK

			SEVERAL LANDS, HOUSES & PREMISES WITHIN-MENTIONED situate
in the City of Cork and also of the Impropriate Tithes of Premises situate
in the County of KILDARE

To be sold by the COMMISSIONERS, AT THEIR COURT, 14 HENRIETTA-STREET, DUBLIN
ON Thursday, the 15th day of June, 1854 at the hour of 12 o'Clock NOON
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Continued from text file one- Lots 2 - 7 - Lot #7 being in Kildare County
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DESCRIPTIVE PARTICULARS and RENTALS OF LOT No. 2

Part of the Lands of Ballinamought situate partly in the Borough and partly in the
City of Cork, held under lease for 780 years, from 29th September, 1822

OBSERVATIONS FOR ALL of Lot 2: Lease demises 0a 2-r 20p. English statute Measure
and contains a covenant on the part of the lessee to erect a substantial dwelling-
house of stone covered with slate and complete same before 25th March, 1836
______________________________
RENTALS - LOT No. 2		RENTS 	      Gale Days	25th March and 29th September

   	DENOMINATION		TENANTS' NAME		YEARLY RENT

1]   Ballinamought (part of)	Mrs. DUANE, Repre-	£3 10s. 0d.
     Dwelling-house and  	sentative of John
     Garden			Duane and James
				FITZGERALD
NATURE OF TENANCY: Lease dated 30th September, 1836 from Joseph King CUMMINS to
James FITZGERALD and John DUANE for 500 years from date of lease.
--------
2 & 2a]	Ditto			Rep. of James
				KELLY			£11  0s. 0d.
NATURE OF TENANCY: Tenancy from year to year, determinable 29th September in each year
--------
3]				Henry SEWELL		£9   4s. 7d.
NATURE OF TENANCY: Lease dated 10th April 1835 from Joseph King CUMMINS to Henry SEWELL
for 700 years from 25th March then next.
--------
4]	Ditto			Thomas NOONAN		£3  10s. 0d
NATURE OF TENANCY: Tenancy from year to year, determinable 29th September in each year
--------
5]	Ditto			John MAHONY		£5   10s. 4d.
NATURE OF TENANCY: Lease dated 5th January, 1835 from Joseph King CUMMINS to John
MAHONY, for 300 years from 25th March, 1835
--------
6]	Ditto			Henry TAYLOR		£8   1s. 5d.
NATURE OF TENANCY: Tenancy from year to year, determinable 25th March in each year
--------
7]	Ditto			Margaret BARRY, Rep.	£3   0s. 0d.
				of James BARRY
NATURE OF TENANCY: Lease dated 1st October 1836 from Joseph King CUMMINS to James
BARRY for 800 years from date of lease.

GENERAL OBSERVATIONS:
These premises are held under a lease bearing the date 27th February, 1823 and made
between Matthew GEORGE and Nicholas George SEYMOUR of the first part, Elizabeth
JAMESON, of the second part and Nicholas CUMMINS and Joseph King CUMMINS of the
third part; and same are by said lease described as part of the lands of Ballinamought
containing 6a 2r 22p Statute measure, situate in the North Liberties of the City of
Cork, but situate partly in the Borough and partly in the County of Cork.  The rent
reserved  by this lease is £35 8s. 0d., late currency equivalent to £32 13s. 6d.
present currency; and the term for which said premises are held is the unexpired
residue of 780 years from 29th September, 1822.  This Lease contains a covenant
by the said lessees for themselves, their executors, administrators, assigns, to
keep said demised premises and all houses, buildings and improvements thereon in good
and sufficient tenantable order, repair and condition.

The purchaser will not be at liberty to require production of the lessor's title, not
to object by any reason of incumbrance affecting his interest. Several small houses have
been built upon tis Lot; the rents are well paid, and the tenants are an industrious
class, most of them having an interest in the holdings.
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DESCRIPTIVE PARTICULARS and RENTALS OF LOT No. 3

Part of the Townland of Lotabeg. otherwise Lotybeg

Preliminary OBSERVATIONS FOR ALL of Lot 3:  The land and premises comprised in
Lot 3 are held under two distinct leases, for lives renewable for ever bearing
equal date, viz., 29th October 1789 for lives renewable for ever.  These leases
are made between John and Edward GALWEY of the one part and Sir Richard KELLETT
of the other part.  The lease of the larger portion describes the premises thereby
demised as "The Farm, part of the Lands of Lotabeg, otherwise Lotybeg, with the two meadows
adjoining *Killyfranky, and which are part of the said farm, also two field adjoining
* Banclaff, all containing by estimation 91 acres, English statute measure, more or
less, in the North Liberty of the City of Cork.

The lease of the smaller portion describes the premises thereby demised as "That Field"
or parcel of land containing by estimation 27 acres statute measure, more or less
part of the lands of Lotabeg in the North Liberties of the City of Cork.  Both these
leases reserved to the landlord all mines, minerals and royalties and all wood and
underwood, timber and timber trees standing growing or being thereon or thereafter to stand
or grow thereon with full and free liberty of ingress, egress, and regress to take and
carry away same.

The rents reserved by these lease were respectively the sums of £15 8s. 6d., late currency
equivalent to £14 6s. 7d. sterling and £56 late currency, equivalent to £51 13s. 10d.
present currency and a renewable fine of 5s. payable n the fall of each life; but under
Order of the Commissioners made in this matter the purchaser will be entitled to obtain
from the Commissioners a grant in perpetuity of these premises subject to the rents of
£51 14s. 10d. and £14 7s. 7d, making together £66 2s. 5d and which rent has been
deducted upon the rental from the yearly rent of this Lot.  The purchaser will not be at
liberty to require the title of the lessors to be deduced, nor to object by reason of any
incumbrance affecting their interest; and said purchaser will also be bound to execute
a proper deed of covenant, to perform the several covenants and agreements contained in the
said two original lease of 29th October, 1789 in case the Commissioners shall so direct.
_____________________________
RENTALS - LOT No. 3		RENTS 	      Gale Days	25th March and 29th September

   	DENOMINATION		TENANTS' NAME		YEARLY RENT

1]   Part of Lotabeg, in 	James John CUMMINS	£22 1s. 2d
     survey called
     Lotamore & Lotabeg
NATURE OF TENANCY: [CUMMINS] Lease dated 9th November 1825 Jfrom oseph King CUMMINS to
James John CUMMINS for three lives renewable for ever.  Two of the lives Richard Swete
CUMMINS and Henry Irwin CUMMINS, sons of the lessee are still living; rent reserved,
£23 17s. 10d

OBSERVATIONS; [CUMMINS] Lease demises 43a 3r 20p, British.  The renewal fine is 6d, late
currency on fall of each life,  The tenant has a considerable interest under this lease.
The original copy of this lease is not forthcoming; a copy only can be handed to the
purchaser.
--------
2]    part of Lotabeg		Mrs. CUMMINS, Rep.	 £10 12s. 4d
				Robert King CUMMINS
NATURE OF TENANCY: [CUMMINS] Lease dated 12th September 1832 from Joseph King CUMMINS
to Robert King CUMMINS for three lives renewable for ever.  All the lives named in said
lease viz., Nicholas CUMMINS, John Ashley CUMMINS and Robert Turner CUMMINS sons of
lessee are living.

OBSERVATIONS; [CUMMINS] Lease demises 20a, British.  The renewal fine is 6d. on fall of
each life.  This tenant has a valuable interest in this holding.
--------
3]	Ditto			Widow NOONAN, Rep.	£125 Os. 2d
				David NOONAN		1st March, 1st June
							1st Sept. & 1st dec.
NATURE OF TENANCY: [NOONAN] Tenancy from year to year, determinable 1st December each year.
OBSERVATIONS; [NOONAN] This rent has been reduced under order of the Court of Chancery,
made in July 1849 to the sum of £105 pending cause of CUMMINS v. CUMMINS; but this
abatement will not be binding on the purchaser.
--------
4]   Part of Lotabeg		Major George		£147 Os. 0d
     Dwelling-house &		THOMPSON
     demenses called
     Silverspring
NATURE OF TENANCY: [THOMPSON] Tenancy from year to year, determinable 29th September each year.

OBSERVATIONS; [THOMPSON] This rent has been reduced under order of the Court of Chancery,
DATED December 1849 pending cause of CUMMINS v. CUMMINS; to the sum of £120 ; but said
abatement will not be binding on the purchaser.
--------
5]    Part of Lotabeg		Mrs. Margaret 		£0 10s. 0d
				SEXTON
NATURE OF TENANCY: [SEXTON] Tenancy during life of said Margaret SEXTON at the rent here
stated.

OBSERVATIONS; [SEXTON] The said Margaret SEXTON	claims a promise of a lease from the late
Joseph K. CUMMINS at the rent here set out. The purchaser will be bound to leave the
premises in possession of said tenant during her life at the rent here stated.
--------
6]	Ditto			Michael SHEEHAN		£3 0s. 0d
NATURE OF TENANCY:[SHEEHAN] Tenancy Under Court of Chancery, pending cause of
CUMMINS v. CUMMINS and determinable by the sale in this matter

OBSERVATIONS; The tenant will be entitled to his emblements, if any, and right of
entry as is incident thereto.
--------
7]	Ditto			Margaret BUCKLEY	£2 12s. 0d
						    1st January & 1st July
NATURE OF TENANCY: [BUCKLEY] Tenancy Under Court of Chancery, pending cause of
CUMMINS v. CUMMINS and determinable by the sale in this matter

OBSERVATIONS; The tenant will be entitled to her emblements, if any, and right of
entry as is incident thereto.
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DESCRIPTIVE PARTICULARS and RENTALS OF LOT No. 4
The Half Ploughland of Kilmichell, otherwise Bealaquoneen, otherwise Myrtleville, in
the Barony or Kerricurrihy and County of Cork, held under lease for 750 years from
29th September, 1800.

RENTALS - LOT No. 4		RENTS 	      Gale Days	25th March and 29th September

   	DENOMINATION		TENANTS' NAME		YEARLY RENT

2]	Myrtleville,		Thomas OLDEN		£60 0s. 0d
	House and demense
NATURE OF TENANCY: [OLDEN] Lease dated Under Court of Chancery, pending cause of
CUMMINS v. CUMMINS and determinable by the sale.

OBSERVATIONS; [OLDEN] The tenant will be entitled to his emblements, if any, and right of
entry as is incident thereto. Upon this lot are a comfortable dwelling-house and Offices,
suitable for the residence of a gentleman,  It is beautifully situated at the entrance of
Cork Harbour commanding a view of the opposite coast and of the Atlantic Ocean; it is well
sheltered and has a large walled-in garden (see engraving)  The Poor-law valuation of the
house and demense is £89 6s. The purchaser will be entitled to immediate possession.
--------
3]	Kilmichael East		In hands , , , 		£15 0s. 0d
	otherwise Kilmichell
	Cottage and Gardens
	Myrtleville Cottage

NATURE OF TENANCY [None Shown]
OBSERVATIONS; The rent here set out is the amount of the Surveyor's valuation.
This cottage is also beautifully situated on a projecting head-land and commands
a fine view of the entrance of Cork Harbour.
--------
1]	Part of
	Kilmichell		Denis COLLINS		£33 0s. 0d

NATURE OF TENANCY: [COLLINS] lease dated 1st January, 1834 from Joseph King CUMMINS
to Denis COLLINS and Timothy COLLINS for thirty-one years from date thereof.


OBSERVATIONS; [COLLINS] This lease reserves to the landlord the sand bank, slate
quarry, mines, minerals and royalties; and gives the tenant the right of cutting
sea-weed for the use of the said farm only on the abore bounding the land, thereby
demised in common with said landlord and also the right of passage theretofore
enjoyed by said COLLINS from the eastward through the farm held by DORNEY; and said
lease also contains a proviso that in case the said Denis COLLINS should build, or
permit to be built any cabin or dwellings-house on said premises without the permission
of the said Joseph King CUMMINS an additional rent of £5 should be paid for each
cabin or house so built or erected.  The rent reserved for this lease was reduced
Under Court of Chancery, made in April 1850, pending cause of CUMMINS v. CUMMINS
to £26 19s.; but this abatement will not be binding on the purchaser.

--------
2]	Part of Kilmichell	John and Thomas		£32 0s 0d
				DORNEY
NATURE OF TENANCY: [DORNEY] Lease dated 1st January 1834 from Joseph King CUMMINS
to John and Thomas DORNEY for thirty-one years from date OF lease.

OBSERVATIONS;  This lease reserves to the landlord the slate quarry and sand bank with
right of passage thereto for himself and tenants, the stable and coach house, and a
piece of ground whereon the old Mansion House was built, as far westward as the as the
fence which divides the furse field from the lawn of Myrtleville Cottage; and the said
lease also contained an agreement on the part of the tenant to permit said landlord to
remove the part of his house which projects into the road, and that he was to have a
certain house and barn therein describe; and said lease contains a proviso that the
said tenants shall not build any dwelling-house or cabin on said lands under penalty
of £5 yearly; and said tenants thereby bound themselves to allow at all times, a free
passage to Denis COLLINS through said premises, in the like manner as same had been
theretofore enjoyed.  This rent was under the Court of Chancery, dated April 1850,
abated to £25 18s, pending said cause of CUMMINS v. CUMMINS, but this abatement will
not be binding on the purchaser.

Poor Law Valuation: £143 0s. 0d.  121a 0r 33p and 36a 5r 28p equaling 158a 0r 21p
The above quantity is exclusive of 20 perches Irish Plantation Measure, on which the
Roman Catholic Chapel and National School-house are erected and which will not be
conveyed to the purchaser.

GENERAL OBSERVATIONS:
The above-mentioned lands are held under a lease bearing date the 19th February, 1771,
made between Henry PUXLEY of the one part, and Thomas FULLER of the other part; and
said lands are by said lease described as the Half Ploughland of Kilmichael, commonly
called and known by the name of Bealaquoneen, otherwise Myrtleville, in the Barony
of Kerricurrishy, and County of Cork.  The term demised by said lease is 750 years
from the 29th September 1800, at the rent of £110, then currency.

This lease reserves to the heirs and assigns of Richard, Lord Viscount SHANNON
"all woods and underwoods, timber trees, mines and minerals, quarries, waifs, estrays,
goods of felons and fugitives, and felons of themselves *deolands, treasure trove and
all other royalties whatsoever, now or at anytime hereafter growing, appearing or being
in or upon the demised premises; with free liberty of ingress, egress and regress to cut,
dig and carry away same, at his and their will and pleasure; and also the sole liberty
of hunting, hawking, fishing, fowling upon and throughout the premises."

And said lease contains a covenant on the lessee and his assigns to do [suit] and
service at the Courts of Leet and other Courts of *Carrigaline, alias Beaver; and to
grind all corn and grist to be expended on the premises at the mills of the heirs of
Lord Viscount Shannon, at Carrigaline; also contains a covenant upon the lessee, his
executors, administrators and assigns to keep in good and sufficient tenantable order,
repair and condition all houses, buildings. hedges, fences, trees, and other improvements
whatsoever, which then or thereafter should be built, erected, planted or made on said
premises; and the purchaser will be bound by such reservations and covenants.

The purchaser will not be at liberty to require evidence of the title of the lessor, nor
to object by reason of any incumbrance affecting his interest.
_____________________________________________________________________________
DESCRIPTIVE PARTICULARS and RENTALS OF LOT No. 5

Dwelling-houses and Premises in Wellington Place, City of Cork, held under lease
for 900 years from 26th March 1826

RENTALS - LOT No. 5		RENTS 	      Gale Days	25th March and 29th September

   	DENOMINATION		TENANTS' NAME		YEARLY RENT

1]   No. 9, Wellington-Place	Unlet			£36 0s. 0d.
     Dwelling-house and
     Garden
NATURE OF TENANCY: [NONE GIVEN]
OBSERVATIONS: The rent here stated is the amount of the Surveyor's Valuation.
These houses are all respectable residences four stories high, having coach houses
and stabling attached and are situated at Wellington Place, a respectable private
part of the City of Cork.
--------
2]   No. 10, Wellington-Place	Mr. William		£40  0s. 0d.
     Dwelling-house yard 	THORNTON
     and garden
     Garden
NATURE OF TENANCY: [THORNTON] TENANCY Under Court of Chancery, pending cause of
CUMMINS v. CUMMINS and determinable by the sale in this matter.

OBSERVATIONS: [Ditto above]
--------
3]   No. 10, Wellington-Place	James BEALE, Esq.	£50  0s. 0d.
     Dwelling-house yard 	THORNTON
     and garden and
     stables
NATURE OF TENANCY: [BEALE]Tenancy from year to year, determinable 25th March each year.
OBSERVATIONS: This rent has been reduced under the order of Court of Chancery, to the
sum of £45, pending cause of CUMMINS v. CUMMINS,

Poor Law Valuation  £107 0s. 0d.
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DESCRIPTIVE PARTICULARS and RENTALS OF LOT No. 6

Dwelling-houses and Premises No. 12, Wellington Place, Cork, held under lease
for 900 years from 29 September, 1813

RENTALS - LOT No. 6		RENTS 	      Gale Days	25th March and 29th September

   	DENOMINATION		TENANTS' NAME		YEARLY RENT
1]   Dwelling-house  		James ADAMS, Esq.	£50 0s. 0d.
     and garden and
     stables, No. 12
     Wellington Place
NATURE OF TENANCY: [ADAMS]Tenancy from year to year, determinable 29th Sept. each year.
OBSERVATIONS: This rent was reduced under the order of Court of Chancery, to the
sum of £45, pending cause of CUMMINS v. CUMMINS,  This house similar to those on Lot 5,
and consists of four stories high, and has coach house, stable and garden attached

Poor Law Valuation  £35 0s. 0d.
_______________________________________________________________________________________
			LOTS 5 & 6 - HOUSES IN WELLINGTON-PLACE, CORK

				PRELIMINARY OBSERVATIONS -LOT 5
			______________________________________________
Lot No. 5 - Is held under a lease bearing date of the 18th January, 1827 and made
between John LESLIE and John NASON, trustees named in the last will and testament of
James BONWELL, of the first part, and Dominick SARSFIELD, and Mary his wife, of the
second part, and Joseph King CUMMINS of the third part and the Premises are thereby
demised and now to be sold are therein described as that piece or plot of ground, part
of the the lands of Farrenverdowney. or Verdon's Land, containing in breadth, from
North to South, 82 feet, in depth from East to West, 220 feet more or less, situate
Wellington-place, in the Parish of St. Anne Shandon, and also reserves to Nicholas
CUMMINS and Nicholas Marshall CUMMINS, (the then tenants of other parts of the said
premises) and to their executors, administrators and assigns all such right away and
passage through the thereby demised plot of ground, in as full and ample a manner as
were theretofore granted to them by James BONWELL in their lease of such other portions
of said Premises; and also reserves to such person as might. for the time being, be
entitled thereto all royalties to be said on said piece of ground, or any part
thereof, and to search for, dig, and carry away same, making reasonable compensation
for injury done:  TO HOLD for 900 years, from 25th March 1826, at the rent of
£17 7s. 6d., payable half-yearly on the 25th March and 29th September; and said Lease
contained a covenant that said Joseph King CUMMINS should not make or cause to be
made any windows or apertures in any wall then or thereafter to be erected on the north
bounds of said Premises above the height of nine feet from the then surface of
the passage.  This lease contains a covenant on the Lessee and his assigns to keep
the premises in good and sufficient repair.
____________________________________________________________________________________
				PRELIMINARY OBSERVATIONS - LOT 6
			______________________________________________
Lot No. 6 - is held under a lease bearing date of the 3rd January, 1814 and made
between the said John LESLIE and John NASON, of the first part, Mary SARSFIELD,
of the second part, and Nicholas Marshall CUMMINS, of the third part and the
Premises are thereby described as a piece or plot of ground, part containing in
breadth, from North to South, 24-1/2 feet, and in depth from East to West, 107
feet, more or less, with the two  vaults under part of said ground, bounded as
therein mentioned, situate at Wellington-place, in the Parish of St. Anne Shandon,
and the City of Cork.  TO HOLD for 900 years, from 29th September, then last, at the
yearly rent of £33 3s. 6d., late currency, payable half-yearly equivalent to
£30 12s. 6d, present currency.

This lease contains a covenant upon the Lessee to keep the premises in
good and sufficient repair and condition.
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			See KILDARE County Pages for Lot 7 -
The the Impropriate Tithes, great and small, arising out of the lands of
Rickardstown and Scarletstown
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Source: FHL# 0258795 Encumbered Estates - County Cork.