Cork - Hornibrook, John Thomas October 16, 1873 *********************************************** Ireland Genealogy Projects Archives Cork Index Copyright ************************************************ File contributed by: Mel Kennedy melkennedy4@hotmail.com November 3, 2013, 3:07 pm HORNIBROOK, JOHN THOMAS OCTOBER 16, 1873 Source: National Archives - Dublin Written: October 16, 1873 Recorded: November 14, 1876 John Thomas Hornibook Will dated........ Oct 16, 1873 Codicil dated....March 19, 1875 Died.................. 13 Oct 1876 This is the last will of me John Thomas Hornibrook formerly of Rockfort but now of Dunkareen in the county of Cork, Esquire. Whereas I heretofore sold any interest in Rockfort a forenamed and have invested the balance of the purchase money thereof and to which only I am now entitled as follows namely: I have invested £ 400 thereof at interest with Mr Lewis in the security of a mortgage on his property, other portion thereof in charge which I now hold in the Cork Gas Comsumers Company and other portion thereof in debentures in the Cork and Macroom Railway Company. And whereas I am formed of a landhold interest of two houses on North Main Street Bandon now occupied by Mrs Fanny Baldwin and Mr. Thomas Kingston Sullivan as tenants to me. And whereas I am also formed of a policy of insurance effected by me on my own life with the Standard Life Assurance Company of Edinburgh for the sum of £ 400 and whereas I am entitled to a perpetual yearly rent charge of £85 - 13 - 4 sterling payable out of and charged upon the lands of Dunkareen in said County of Cork forever subject to the life interest therein of my beloved wife Ellen Hornibrook under the provisions of our marriage settlement and which life interest therein I hereby ratify and confirm. Now I hereby charge and encumber said sum of £400 so invested with said Mr. Lewis said shares in the Cork Gas Consumers Company and debentures in the Cork and Macroom Railway Company with the payment of my just debts and funeral and testimary expenses and nextly with the sum of £ 50 which I bequeath to my said dear wife to be paid to her immediately after my demise. And with the further sum of £50 which I bequeath to my granddaughter Charlotte Ann Hornibrook, daughter of my son, Thomas Hornibrook, now in New Zealand and subject therto I give desire and bequeath the said interests last mentioned sum so invested of -- ---- d as aformed in the securities therefore. Also the said two houses in Bandon subject to the land rent payable interest. The paid policy of insurance and all money aforesaid or deemed or to be had or gotten thereby and all insurance or other benefit to arise there from in the said perpetual rent charge or annuity of £85-13-4 subject as aforesaid and all my estate property and interest therein ----- unto my said dear wife Ellen Hornibrook, John Hornibrook of Corran, Esquire and Thomas Hornibrook of Harbour Hill Kinsale Esquire and the provisions or provision of them. In trust for the ----- and purposes and in manner herein after ----- And as to the said sum of £400 so mentioned as aforesaid with Mr Lewis said shares in the Cork Gas Consumers Company and debentures in the Cork and Macroom Railway Company / subject as aforesaid / in trust as to one fifth part of the set principal sum which shall be realized thereby and the funds and profits thereof for my son, John Wiseman Hornibrook now in Australia. And which I hereby bequeath to him, his executors and administrators and as to other their fifth parts thereof and the interest, dividends, funds, and profits thereof in trust for my daughter Ann, now the wife of George Beamish of Meelan near Bandon aforesaid, esquire. Mary Jane, now the wife of the Reverend James Stevenson rector of Brinny in said County of Cork, clerk and Ellen, now the wife of William Price Pearde of the Doune? near Dunderrow in said county for their respective lives and for their respective sole and separate use and benefit and which I hereby give and bequeath to them respectively free from the Debts Control Engagements or interference of their said respective husbands or of any future husband or husbands they may respectively marry with favour to my said respective daughters by deed or will to / and which not withstanding Coventure? They are hereby empowered to make and execute / to apparent leave or bequeath the principal of the said respective sums in the ----- in which they are entitled to a life use in the same and the securities therefor and all benefit to arise there from to their respective children and to the children of any of their said sisters or brothers as they shall think fit and in the default of such appointment the share of such daughter failing to make such appointment shall go to and amongst her lawful ----- share (page 4 of original) and share alike if more than one and if but one then the whole to each one the share of a son or sons to be payable on attaining at the age of 21 years and of a daughter or daughters at the like age or day or days of marriage with benefit of survivorship amongst them respectively and as to the principal share of any of my daughters if any of my said daughters that die without having lawful ----- - or if there having been such they may all die before becoming entitled as aforesaid then in trust for such of her nephews and nieces my grandchildren as she or they may give appointment or bequeath the same unto and in default of such appointment or bequeath then in trust for all my surviving grandchildren the children of my said daughters and of my deceased daughter, Margaret Waring when shall attain 21 years or to sons and the later age or marriage or marriage as to daughters equally share and share alike and so to their fourth parts of my said houses in Bandon and like properties of said policy of insurance and the money secured thereby and the said perpetual rent charge or annuity / subject to as aforesaid / and the ---------- ----- ------ or income thereof in trust as to one fourth part thereof for each of my said three daughters Anne, Mary Jane and Ellen for their respective lives for their own sole and separate use and benefit free from the debts, control or indentures of their respective husbands or any future husband or husbands with like power of appointing or bequeathing the same to and amongst their ----- or any of my grandchildren with the like benefit of survivorship as is herein before contained in subject of said family of the parts of said other property bequeathed by me unto or in trust for my said daughters and their ----- nephews and nieces, my grandchildren. And as to the remaining one fifth part of the monies mentioned as aforesaid with Mr. Lewis and with the Cork Gas Consumers Company and the Cork and Macroom Railway Company and as to the said remaining one fourth part of my interest in said houses in Bandon (page 5 of original) The money ----- by said policy of insurance and the said perpetual rent charge subject as aforesaid / in trust for my grandson Frederick William Latimer Waring only surviving child of my late daughter Margaret Waring, his executors and administrators the same to become vested on his attaining the age of 21 years but in case of his death prior to his attaining said age then his share or shares of aforesaid to go to and amongst my surviving grandchildren, the children of my said daughters who shall under the provisions aforesaid become entitled to their fair share either under this my will or the appointment of their respective parents /my daughters/ share and share alike and I empower my said trustees to apply the interest dividends funds or other annual income of the shares of my last named grandson or such portions thereof as they may deem necessary towards his maintenance, education and advancement during his annuity and also to apply any portion of the capital to which he will be entitled if he attains the age of 21 years not exceeding one half of such capital in fitting or preparing him for a suitable profession or business I hereby empower my said daughters to whom a favour of appointment of her share is given amongst my grandchildren to raise any portion not exceeding one half of the capital or principal which they are hereby empowered to appoint or bequeath for the advancement in life of any of my grandchildren before attaining the age of 21 as to grandsons and the like age or marriage as to granddaughters I desire that my debt due or owing by said George Beamish the husband of my daughter Anne to my late sister Ann Hornibrook deceased / to which property I am now entitled / whether by simple contract mortgage especially or otherwise be forgiven him. I hereby bequeath same to him and I direct that same shall not in any manner affect or ----- prejudice the rights, benefits and favours as any of them which I have given to or in trust for my said daughter Anne (page 6 of original) And her children. I bequeath to my said daughter Ellen Pearde for her own sole and separate use and to be of her own disposal the premises on Artillery Quay Fermoy which I purchased from her husband and which produce about 12 pounds per annum. I direct that the receipts of any daughters share shall be good and valid discharged to my trustees and executors or other person or persons for any form or forms to which my said daughters shall respectively receive or be entitled to under the provions of this my will. I give and bequeath to my said dear wife all my household goods, plate, linen, china, furniture, house, car ----- and such like effects and all money due and owing to me just before specifically disposed of / as in my house or in bank and I appoint her my sole residuary legate. I hereby desire that it shall be lawful for my said trustees to sole or join with any other person or persons entitled under this my will in selling or disposing or assigning or employing any portion or portions of my real or personal estate in property or in ----- or having that same or any portion or portions thereof I declare that the favours and provisions contained in the Property and Trustee Act 1859. The Trustees and Mortgages Act 1860 and all other Acts now in favour for making ----- of executors and trustees affected discharges and for giving them favours as to sales, mortgages, and exchanges and making and assuming loans, varying investments, application and distribution of affects appointment of new trustees and indemnity of trustees shall be deemed and taken as part of this my will as fully as if the same had been incorporated herewith or inserted at length herein and that the power of nominating new trustees shall be vested in the surviving or continuing trustees or trustees hereof his or her executors or admores and failing such or their failing or refusing to nominate in the persons or person of the age of 21 years who shall be entitled to a life use or other interest in the property hereby derived or bequeathed by me (page 7 of original) And in respect of which such trustee is ------ and I hereby expressly declare that the provisions for the portions, indemnity, reimbursement of trustees in said property and Trustee Act 1859 shall apply to the Executors and Trustees for the time being of this my will as fully as if the same had been inserted herein and given the future that said trustees shall not be answerable for any life whatever is owing from any Acts which they or any of them shall do or perform in good faith and under reasonable belief that the same would be beneficial to the estate or to my said children or grandchildren. I hereby nominate and appoint my said dear wife Ellen Hornibrook and the said John Hornibrook and Thomas Hornibrook of Harbour Hill Kinsale executors of this my will in witness whereof I have hereto published my name this sixteenth day of October one thousand eight hundred and seventy three (October 16, 1873) John T Hornibrook Signed published and declared by the said testator John Thomas Hornibrook ----- and for his last will and testament in presence of he who in his request in his presence and in presence of each other all being present at the same time have hereunto subscribed our names as witnesses the word "Mary" on the sixth line of the second page having been first struck out and the word "Anne" between the fifth and sixth lines of the same page being first inserted and the word (to) on the last line but one of the third page having been written on expense in the words "the Reverend" on the ninth line and "clerk" on the tenth line of the same page having been first struck out. Richard Branigan 15 Douglas Street, Cork Elizabeth P Dyer 11 Thames Street, Cork Codicil This is a codicil to the last will and testament of one John Thomas Hornibrook of Dunkareen in the County of Cork esquire dated the 16th day of October 1863 whereas by my past will I bequeathed to my trustees therein named the sum of £400 invested by me on security with Mr. Lewis. Certain shares in the Cork Gas Comsumers Company, debentures in the Cork and Macroom Railway Company, a policy of assurance on my own life, 2 houses in Bandon and a perpetual annuity payable out of the lands of Dunkereen subject as to said mortgage annuity said shares in the Cork Gas Comsumers Company and said debentures in the Cork and Macroom Railway Company to my just debts, funeral, and testamentary expenses and to have legacies of £50 each in my said will mentioned and subject as to said perpetual annuity to the life use of my dear wife Ellen Hornibrook administrator To my trustees administrators named in trust as to one fifth part of said mortgage annuity of four hundred pounds to said shares in the Cork Comsumers Gas Company and debentures / subject as aforesaid / and as to one fourth part of said policy of insurance, houses in Bandon, and perpetual annuity subject as aforesaid for my daughter Anne, wife of George Beamish of Meelen for her sole and separate use and benefit with favour to her of appointing same amongst her - --- and otherwise as herein. Now I hereby so far revoke the said bequeaths to or in favour of my said daughter Anne in the powers of appointment dependent thereon and of distribution in case of the now ----- thereof and I hereby authorize and empower my said trustees with the council of my said daughter, if then living but should she be then dead, then at their own decision to pay to or permit the said George Beamish to ----- and be paid the portion of said monies and property when received or converted into cash so deemed and bequeathed into or in trust for my said daughter Anne by my aforesaid will and which I hereby give have devise and bequeath to him the said George Beamish provided he makes a ---- -- forgiveness for his said wife and her paid by him out of his said lands of Meelen and its ---- denominations in house. ( œ line missing) My said daughters or the daughters or daughter for the time being of my said will if ------ to portion and divide or to join with any other person or persons in part or dividing any portion of my estate and property so divided and bequeathed to them in trust by my said wife and to do and execute all Acts, deeds, matters or things ----- for the purpose in witness whereof I have hereto subscribed my name this nineteenth day of March 1875 (March 19, 1875) and save as hereby altered or revoked I ratify my aforesaid will in all respects. _______ John T Hornibrook _______ Signed, published and declared by the said testator John Thomas Hornibrook so and for a Codicil to his last will and testament in presence of me who at his request in his presence and in the presence of each other all being present at the same time have hereto subscribed our names to witness the word "fifth" on the 19th line of the first page having been struck out and the worth "fourth" between the 18th and 19th lines of same page having been inserted ______ Samuel Payne ________ ______ William Payne _________ be it known on the 14th day of November 1876 (November 14, 1876) the last will and testament and one codicil hereonto annexed of John Thomas Hornibrook late of Bandon in the County of Cork Esquire deceased who died on or about the 13th October 1876 at same place and who at the time of his death had a fixed place of abode at same place within the said district of Cork was formed and registered in the said District Registry of Cork attached to her Majestys Court of Probate and that the administration of all and singular the personal Estate and effects of the said deceased was granted by the aforesaid court to Ellen Hornibrook also of same place, widow, and Thomas Hornibrook of Kinsale in said county Esquire, the surviving executors named in the said will, they having been first sworn will and faithfully to administer the same by paying the joint debts of the deceased and the legacies contained in his Will and Codicil and to exhibit a true and perfect inventory of all and singular the said estate and effects and to render, a just and true account thereof whenever required by law so to do John Hornibrook the remaining executor living and in the lifetime of testator Sworn under £4000