Land: CORK, In the Matter of the Estate of FREDERICK MARCUS CALLAGHAN, Esq. Lot 1
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In the Matter of the Estate of FREDERICK MARCUS CALLAGHAN, Esq.
and Others ; Owners - Ex parte RICHARD CALLAGHAN, Esq., continued in the
name of ALEXANDER FOLEY McNEMARA, Esq., Petitioner, Lot 1

In the Court of the Commissioners for the Sale of Incumbered Estates in Ireland
Part of the LANDS OF BALLINTEMPLE, and PREMISES in the City of Cork

Held under leases; which will be SOLD BY AUCTION IN FOUR lots, by the
27th day of April, 1855 at the hour of 12 o'Clock NOON
For further Information and Particulars, apply at the Court of the Commissioners,
14 Henrietta-Street, Dublin; to WALTER MORROGH, Esq., the Receiver, South Mall,
Cork; to R. T. GARDINER, Friar-street, YOUGHAL, or to MURDOCK GREEN, Solicitor,
having carriage of sale, 52 Lower Sackville-street, Dublin and Youghal
RENTAL and PARTICULARS OF [LOT 1]  The Glen Distillery &c.
rental and particulars of the Glen Distillery Concerns, in the Borough of Cork,
with those parts of the lands of Ballyvolane, Glounapooka, Farrencleary, and
Clashnaganiffe, attached thereto, situate respectively in the Parish of St. Anne
Shandon, and North Liberties of said City of Cork, and held respectively under
the Tenures at foot.
					Gale days 25th March and 29th September

1] 	The Distillery 				13 2 1		£300
   	Premises and part
   	of the lands of
   	Ballyvolane, with	John PERROTT,
   	the Mills, Mill-	Esq.
   	races, Waters, and
   	Water-courses thereof

2]	The Mill-Lands of
	Ballyvolane, called
	Glounapooka				4  3 1

3]	Part of Farrencleary			0  3 18

4]	Part of Glounapooka			3  2 23

5]	Part of Clashnaganiffe			2  0  0
NATURE OF TENANCY: Holds by LEASE, dated 13th day of November 1848, made
between Edward LITTON, Esq. Master in Chancery of the first part; Daniel
CALLAGHAN, Esq., M. P. second part; Frederick M. CALLAGHAN, third part; and
Louisa M. CALLAGHAN of the fourth part; Richard CALLAGHAN and George
CALLAGHAN, Esqrs. of the fifth part and John Perrott, Esq. of the sixth part
for the term of 300 years, save as to that portion thereof numbered 2 in this
Rental; the term granted as to which was the lives of Sampson TWOGOOD WYNNE FRENCH,
AND Robert McCARTHY both in being and aged respectively about 45 years; and for
30 years and 6 months. commencing from the decease of the survivor of them, at
the yearly rent of £300 for the entire premises, with a clause enabling the
tenant to surrender the premises at the of every three years.

This lease demised the premises to the tenant with the still, worm, distillery
utensils machinery thereon, and all waters and water-course and ponds, woods
and plantations thereunto belonging.  The portion of the Mill-pond demised by this
lease (and which forms no part of the premises now for sale) has since been
ovicted by title paramount, but the tenant has still since continued to pay the
yearly rent reserved.  Only a compared copy of this lease can be given to the
purchaser. Net yearly profit after deducting head rents:	£130 17s 11.

The foregoing constitute the Glen Distillery Premises and Lands, for many years one of
the most extensive Distillery concerns in Ireland, and lately worked by the Glen
Distillery Company for the distillations of spirits &c, and are held as follows; - -

That part thereof marked No 1 in rental is held under the leases next mentioned, two
being existing leases for one life in being (below named) and for  30 and 31 years
respectively after the fall of that life; and the third being a lease for reversionary
term of 300 years, commencing after the determination of the under mentioned terms of
lives and years, viz.; Lease dated 25th of May 1799, from George DODGE to Humphries
MANDERS for the lives of said George DODGE and of Henry DODGE and Edward MANDERS, and
for the term of 30 years, commencing from the 25th day of March or the 29th day of
September next preceding the death of the survivor of said three lives, at the yearly
rent of £115, late currency, equivalent to £106 3s 1., sterling: the timber and
and other trees then being on the premises or hereafter to grow thereon, save such
as the tenant might plant pursuant to the Statute and all mines, minerals, and quarry
were reserved to William COPPINGER, Esq. the head landlord of said premises with liberty
of ingress &c., to dig for and carry away the same, he making reasonable compensation
for all such damage as should be occasioned thereby.

In this lease the demised premises are described as that part of the Town and Lands
of Ballyvolane, with the Mills, Mill-races, Water and Water-courses thereof and
thereunto belonging, containing 13a 2r 1p statute measure or thereabouts situate in the
North Liberties of the City of Cork and the Parish of St. Anne Shandon and described in
a Map thereunto annexed; and by said lease, during the continuance of said demise, the
dwelling-house wherein said George DODGE then resided, with a right of way to said house
together with seven tenements or cabins, yards and gardens, to the front of the road
leading from Spring-lane to Rathcooney. were excepted out of said demise; and said
lease contains a covenant by the tenant to the premises in repair, casualties of fire,
&c, excepted.  Only one of the lives named in this lease, namely Edward MANDERS, aged
about 63 years is in being,  Lease dated 28th April, 1807 from Anne DODGE, widow, to Sir
David PERRIER, Anthony PERRIER and William LUMLEY of the dwelling-house wherein the
said Anne DODGE resided, on the part of the said Mill-Lands (and which had been
excepted out of the lease of 25th May, 1799) for the lives of Henry DODGE, George DODGE
and Edward MANDERS AND FOR 31 YEARS, commencing from the 25th March or 28th September,
preceding the death of the survivor of said three lives, at the yearly rent of £5 13s 9d,
late currency, equivalent to £5 5s, sterling, and covenant by tenant to keep premises in
repair. And lease bearing date the 22nd of September, 1902, from said William COPPINGER,
Esq., to said Humphries MANDERS of the same premises ( as the same had been demised to the
before-named George DODGE ) for a reversionary term pt 300 years commencing from the
expiration of the above-named three lives and on the determination of a term of 31 years,
commencing on the death of the survivor of them, at the yearly rent of £68 5s, late
currency, equivalent to £63 sterling.

This reversionary lease reserves the timber and mines and minerals and quarries, to the
landlord, save as such timber as might be planted by the tenant pursuant to the Statute,
with liberty of ingress for the landlord to cut, raise and carry away same, he making
reasonable compensation for the damages occasioned thereby and lease contains a
covenant as above by the tenant to keep the premises in repair.  When the said reversionary
lease commences, the purchaser will be entitled to the entire of the premises, No. 1
in rental, but during the continuance of the existing lease of the 25th of May, 1799, the
seven tenants in Spring-lane which were excepted from that demise, will not pass to the
purchaser: he will however become entitled to them under the reversionary lease which is
a demise of the entire, subject to the rent thereby reserved.
The part of the premises marked No.2 is held under a memorandum of agreement, dated the
3rd of October 1880, from the said William COPPINGER, Esq. to said Humphries MANDERS for
three lives thereafter to be named by the said Humphries MANDERS, his heirs or assigns
and 31 years, commencing from the death of the survivor of such three lives, said term
to commence from the 1st of May, 1814, at which said time, said lives were to be nominated,
at the yearly rent of £23 10s., late currency, equivalent to £21 13s 10d, sterling. No
lease was ever executed in pursuance of this agreement but the following lives were
nominated, viz.: Daniel Augustus CALLAGHAN Robert McCARTHY, Esq., of Carrignavar and
Sampson TWOGOOD WYNNE FRENCH, Esq., the two latter of whom are still in being, and aged
respectively about 45 years.  On the demise of the survivor of these lives this portion
of the premises will be held for the term of 31 years computed from that time.  In said
memorandum of agreement the premises are described as the Mill and Mill-Lands of
Ballyvolane, in the North Liberties of the City of Cork, then and for some time passt in
the tenancy and possession of said Humphries MANDERS. Leases to be perfected at the
request of either party pursuant to said memorandum, and containing the usual and
customary clauses between landlord and tenant.
That part of the premises marked No. 3 is held under lease dated the 12th November, 1811
from Samuel MERRICK and Samuel Randal WILY and John DOWMAN. Esqrs. to Sir David PERRIER
and Daniel CALLAGHAN, for 500 years, at the yearly rent of £12 late Irish currency,
equivalent to £11 1s 6d,, but which rent has since been reduced to the sum of £9 11s 6d,
in consequence of a portion of the premises having been taken by the Great Southern and
Western Railway Company for their line, which passes through this part of the concerns.

In this lease the premises demised are described as a small Field, part of the Lands
of Farrencleary, in the North Liberties of the City of Cork, containing about one acre,
and described in a Map thereto annexed, and reserving the liberty of quarrying stones
to such persons as the same had been given by John HARDING, the late of the City of Cork
The other part of the premises marked No. 4 is held by lease dated 2nd September, 1851
from George DAUNT, Esq. to Richard CALLAGHAN, Esq. for 100 years from the 25th March
then last at the yearly rent of £12 sterling.  In this lease the premises are described
as Part of Rathmore called Glounapooka, then in the possession of the Glen Distillery
Company and described in the Map thereto annexed; and covenant by the tenant to keep
the premises in repair.
And the remaining portion of said premises, being marked No. 5, is held under a
lease bearing date the 19th of February, 1812, from Thomas COLDWELL and William
COLDWELL, Esqrs. to Sir David PERRIER AND Daniel CALLAGHAN for three lives, renewable
for ever at the yearly rent of £13 13s, late currency, equivalent to £12 12s, sterling
and a pepper-corn fine, if demanded on the fall of each life, as a renewal fine.  The
lives named in said lease were those of PRINCESS CHARLOTTE, daughter of GEORGE,
then Prince of Wales; Thomas PERRIER, son of Sir David PERRIER and Patrick CALLAGHAN
son of Daniel CALLAGHAN; and the premises demised are in said lease described as
Part of the Lands of Clashnaganiffe, in the North Liberties of the City of Cork,
containing about 2 acres then in the possession of Sir David PERRIER and Daniel CALLAGHAN.

The purchaser will not be at liberty to require evidence of the title of the Lessors
in any of said leases, or to object by reason of any incumbrances affecting their or any
of their interests.  The tenant is entitled to such utensils and articles of machinery
introduced to the concerns since he became tenant thereto as are of the nature of
removable fixtures.

These concerns are admirably situate in a business point of view, in the north
suburbs of the City of Cork and communicate directly with the Great Southern and Western
Railway.  They will be found worthy the attention of capitalists as they offer
capabilities not often to be met with in a locality where trade is rapidly on the
increase and the situation of which entitles it to a prosperous and thriving position.

Decriptive Particlulars of Lots 2-3-4 in subsequent articles.


Source: FHL# 0258795 Encumbered Estates - County Cork.