Cork - Dunne, Patrick September 12, 1843

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File contributed by: Rosalind Dunning 
ros.dunning@outlook.com February 15, 2018, 3:20 pm

DUNNE, PATRICK SEPTEMBER 12, 1843

Source: Parliamentary Papers
Written: September 12, 1843
Recorded: February 15, 2018

Patrick Dunne, late of Rockborough, in the City of Cork, 
Gentleman, deceased.
This is the last will and testament of me, Patrick Dunne, of 
Rockborough, in the city of Cork, gentleman. I give and 
bequeath unto Daniel Murphy, of Belleview, in the city of 
Cork, esq. and James and John O'Brien, of the South Mall, 
solicitors, the sum of 1,500 l. upon the trusts following; 
that is to say, that immediately after my death they, the 
said Daniel Murphy and James John O'Brien, shall invest the 
said sum of 1,500 l. in their names in the public funds or 
in Government security, or in real security, or upon the 
security of any freehold or leasehold property which may 
consist of freehold for lives, renewable for ever or for a 
term of years not less than 100 years to come from the time 
of such investment, with power to them to vary investment at 
their discretion for any other or others of the kind herein 
described; and that the said Daniel Murphy and James John 
O'Brien, and the survivor of them, and executors and 
administrators of such survivor, and such other trustee or 
trustees who may be appointed or named pursuant to the 
powers hereinafter contained, shall stand and be possessed 
of said sum of 1,500 l. And of the securities upon which 
same shall be invested upon the trusts following; that is to 
say, upon trust to pay the interest and dividends and annual 
produce of said sum of 1,500 l. unto Rebecca Deeble, eldest 
daughter of Benjamin Deeble, of the Watercourse, in the city 
of Cork, as same shall become due and payable, unto the said 
Rebecca Deeble, upon her own receipt, for her own and 
separate use, and free from the control of any future 
husband that she may think proper to marry, for and during 
the term of her natural life and no longer; and it is my 
will and desire, that the said Rebecca Deeble shall not have 
any power whatever to anticipate or dispose of her life 
interest in said sum of 1,500 l. or in the interest of same, 
or that same shall be in any way under the control of any 
future husband, or that she shall in any way incumber or 
have the power to incumber the same; but that the said 
Daniel Murphy and James John O'Brien and the survivor of 
them, and the executors and administrators of such survivor, 
and the trustee or trustees for the time beingin whom said 
trust fund shall vest, shall pay into her own hands, the 
interest and annual produce of said sum as it accrues due 
and payable, and not sooner, during her life; and from and 
after the death of the said Rebecca Deeble, and that the 
said Daniel Murphy and James John O'Brien, or the trustees 
for the time being, shall assign or transfer the said sum of 
1,500 l. and all and every the securities upon which the 
same may have been invested to the Roman-catholic bishop for 
the time being of the diocese of Cork, upon the trusts 
following; that is to say, that he the said Roman-catholic 
bishop of Cork for the time shall stand and be possessed of 
same upon trust, to pay the interest, dividends, and annual 
produce of said sum of 1,500 l. unto the persons who shall 
then be members of the sisterhood commonly called and known 
by the name of the Sisters of Charity, living and holding 
their community now at Bishop-street or Chapel-lane, in the 
city of Cork, said interest and annual produce of said sum, 
to be expended and laid out by them the said Sisters of 
Charity amongst the poor of that part of the city of Cork, 
known amongst the Roman-catholics of said city as the North 
Parish, and who do not receive public aid or support, in 
such manner as the said above-men- tioned Sisters of Charity 
may think proper. } give and bequeath unto the governors or 
governesses of the charitable institution called and known 
as the Roman- catholic Magdalen Asylum, situate in 
Peacock-lane, in the city of Cork, the sum of 200 l., said 
sum of money to be placed among the funds of that 
institution, and to be applied for the purposes of the 
insti- stution as the said governors or governesses of same 
may think fit. I further give and bequeath unto the said 
community called the Sisters of Charity the sum of 100 l., 
said sum to be divided amongst the poor of that part of the 
city of Cork called and known as the North Parish, in such 
way as they may think fit. I further give and bequeath the 
sum of 100 l. to the charitable institution called and known 
by the name of Saint Patrick's Asylum, situate in 
Rutland-street, in the city of Cork, said sum to be paid to 
the governors of same for the use of said institution. I 
give and bequeath unto Michael Delay, of Ballyvolene, in the 
north liberties of the city of Cork, tanner, the sum of 100 
l. upon trust for the use and benefit of all his children 
who shall be living at the time of my decease, share and 
share alike. I give and bequeath to Ann Deeble, second 
daughter of Benjamin Deeble, of the Watercourse, in the city 
of Cork, the sum of 50l. for her own absolute use. I give 
and bequeath to the said Benjamin Deeble the sum of 20 l. to 
purchase a ring or token in remembrance of me. I con- 
stitute, nominate, and appoint Michael Dunne executor of 
this my last will and testament, and I earnestly entreat of 
him to act as such; and for his trouble in acting as such I 
give and bequeath to him the sum of 500 l., he paying out of 
same all my funeral and testamentary expenses. And I further 
give, devise, and bequeath unto my said brother, Michael 
Dunne, his heirs, executors, administrators and assigns, my 
real estates, leasehold estates, and all and every other 
kind of estate, real and personal, I may die seised or 
possessed of, in lands, houses,or any other description of 
property, real or personal, as his and their own absolute 
property;provided always, and I hereby declare it to be my 
will, that if it shall so happen that said brother Michael 
Dunn shall refuse or decline to act as executor of this my 
will, or shall not within six calendar months after my 
decease obtain probate of same to him as executor of same, 
that then and in such case he shall forfeit the said legacy 
of 500 l. so bequeathed to him; and it is my will and 
desire, in case the said sum of 500 l. so bequeathed to my 
said brother, Michael Dunne, shall become forfeited by 
reason of his declining to act as my exe- cutor, that then 
said sum of 500 l. shall become a trust fund, in the first 
instance, out of same all my funeral and testamentary 
expenses to be paid, and the residue of said sum of 500 l. 
after paying same, shall be paid over to the community of 
Sisters of Charity before named, established in 
Bishop-street or Chapel-lane, in the city of Cork; it being 
my express will and desire that this forfeiture is not to 
affect any of the lands, tenements, hereditaments, or pre- 
mises, freehold or leasehold, which I have devised or 
bequeathed to my said brother. And it is my will and desire 
that in case all or any of the trustees named and appointed 
in this my will, shall refuse to act as such, that then my 
said brother shall be the trustee for the several purposes 
in this will mentioned, and that he shall have full power to 
appoint addi- tional or new trustees for the purpose of 
carrying out my respective intentions hereinbefore 
mentioned. And it is my further will and desire that it 
shall be lawful for my several trus- tees heretofore named, 
and the several trustees for the time being, to nominate and 
appoint additional or new trustees for carrying out the 
trusts of this my said will; provided always, that after the 
death of the said Rebecca Deeble, and when the said interest 
of the said sum of 1,500 l. shall become payable to the said 
community of Sisters of Charity hereinbefore men- tioned, 
that the Roman-catholic bishop of the city of Cork for the 
time being shall be one of the trustees of said trust fund ; 
and I hereby direct that every new or additional trustee so 
to be appointed, shall possess all the authorities and 
discretions hereby given to the trustees herein named, and 
in every appointment of new trustees or additional trustee, 
the newly-ap- pointed or additional trustees or said 
trustees as may be appointed by my said brother, in the 
emergency aforesaid, shall be considered as coming in under 
this my will, in the same manner as if he or they had been 
herein named instead of the deceased trustee, or refusing 
trustee or trustees.  And I hereby declare that all my 
trustees for the time being shall be entitled to deduct all 
proper expenses incident to the execution of the several 
trusts in them reposed, and they shall be exempt from 
liability for involuntary losses; and I hereby revoke all 
other testamentary exhibitions. And further, and lastly, I 
give and bequeath the sum of 10 l. to the Rev. John Clanoy, 
of the North Parish, in the city of Cork; and the sum of 10 
l. to the Rev. John Holland, of same parish, requesting each 
of them will offer up some masses for the repose of my soul.

In witness whereof I have hereunto set my hand this 12th day 
of September 1843. Patrick Dunne. (Seal.) Signed by the said 
testator as his last will and testament, in presence of us 
pre sent at the same time, who, at his request, in his 
presence, and in the presence of each other, have hereunto 
subscribed our names as witnesses, the day and year above 
written. Timothy Mahony, Camden Place. Richard Cody.