Cork - Mayne, Robert December 30, 1885

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Ireland Genealogy Projects Archives
Cork Index
Copyright

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File contributed by: Peter Roche p_roche@hotmail.com 
February 17, 2009, 5:11 am

MAYNE, ROBERT DECEMBER 30, 1885

Source: National Archives, Dublin
Written: December 30, 1885

Robert Mayne of Patricks Hill, Cork City
Cork City Alderman
Will dated 30.12.1885
Died 1890

This is the last Will and Testament of me Robert Mayne of 
Patricks Hill in the City of Cork Pawnbroker. I do hereby 
(unclear) former wills and testamentary dispositions made by 
me. I give devise and bequeath to my wife Anne Mayne my 
house on Patrick Hill Cork with the plate linen (unclear) 
glass books, pictures prints Wines liqours, furniture and 
other household effects which shall be in the said House at 
the time of my death and my horse and car and also at 
Gony(?) House proporting of whatsoever tenure wheresoever 
situated accept the house in Deane Street here in after 
mentioned (unclear) absolutely for her own sole use and 
benefits I give and bequeath the house in Deane Street, St 
Finbarrs in which I now carry on the business of a 
pawnbroker under (unclear) of Anne Roche and Co together 
with the said business and the goodwill thereof and all the 
stock pledges fixtures and defects which at the time of my 
death shall be employed or deposited therein and all monies 
and debts which shall then belong or be due to me for or on 
account of the said business to my daughter Anne Roche wife 
of Thomas Roche for her own sole and separate use (unclear) 
from the debts control and engagements of her present or any 
future husband. I also bequeath the said Anne Roche the sum 
of £2,000 for her own sole and separate use free from the 
debts (unclear) and engagements of her present or any future 
husband and her receipt alone shall be discharge for the 
same (unclear).
 
I bequeath to each of my grand children Robert Francis Guy, 
Percy Claude Guy and Violet Constance Guy the sum of £1,000 
on condition they are not removed out of the United Kingdom 
during their respective minorities provided always and 
thereby declare that if any one or more of my said grand 
children Robert Francis Guy, Percy Claude Guy, and Violet 
Constance Guy shall die being (unclear) under the age of 
twenty one years or being female under that age and 
unmarried or having been married without leaving issue then 
as well the original legacy of every or any grand child so 
dying as well as the share or shares which by virtue of this 
present clause shall have .... wed or decrued (?) To him or 
her of and in the legacies of there or other of them shall 
go over to the others or other of my said grand children and 
if more than one absolutely as tenants in common in equal 
shares. And I further declare that if one of my said grand 
children being male shall attain the age of twenty one years 
or being female shall attain that age or marry and leave 
(unclear) then the said several legacies of £1,000 shall 
fall unto and form part of my residuary estate. 

I bequeath to my grand children Benjamin Robert Roche £600, 
Charles Roche £300, Anne Roche £500, Mary Roche £200, Thomas 
Roche £300, William Roche £200 and Sarah Roche £200, said 
legacies to be paid as to males on their attaining of twenty 
one years -- and as to females on their attaining the like 
age or on their marriage which shall first happen provided 
always and I declare that if any one or more of my said 
grand children Benjamin Robert Roche, Charles Roche, Anne 
Roche, Mary Roche, Thomas Roche, William Roche and Sarah 
Roche shall die being (unclear) under the age of twenty one 
years or being female under that age and unmarried or having 
been married without leaving issue then as well the original 
legacy of every or any grand child so dying as well as the 
share or shares which by virtue of this present clause shall 
have survived or accrued to him or her of or in the legacies 
or legacy of the others or other of them shall go over to 
the others or other of my said grand children and if more 
than one above stated (?) as tenant in common in equal 
shares. And I further declare that if none of my said grand 
children being made shall attain the age of twenty one years 
or being females shall attain that age or marry and leave 
issue then the said several legacies shall fall into and 
form part of my residuary estate. 

I bequeath the following legacies that is to say to my 
daughter Sarah Marie Mayne £10,000 and to my other in law 
William Thompson £100, I give devise and bequeath all my 
real and personal estate on at hereby otherwise disposed of 
unto my friends Edward Clebaine (?) Thomas Henry Jermyn and 
my wife Anne Mayne and daughter Sarah Marie Mayne 
(hereinafter called my trustees). Upon trust that my 
trustees shall sell call in and convert into money the same 
or such part thereof shall not consist of money and shall 
with and out of the monies produce by such sale calling in 
and conversion and with and with out of my ready money pay 
my funeral and testamentary expenses and debts and the 
legacies bequeath this my Will or any Codicil thereto and 
shall at the discretion of my trustees invest the residue of 
the said monies with power to vary such investments and 
shall stand possessed of the said residue trust monies and 
the investments for the time being (unclear) (hereinafter 
called the residue trust for the trusts following that is to 
say trust the income thereof to pay to my said wife the sum 
of £200 yearly for her by equal quarterly payments the first 
of such payments to be made at the expiration of three 
calendar months after my decease and subject the (unclear) 
the payment thereof shall stand possessed of the residuary 
trust funds. Upon the trusts following (that is to say) as 
to one thereof in trust to pay the income thereof to my 
daughter Sarah Marie Mayne during her life and so that while 
she shall be under coverture the same shall there be for her 
sole and separate use and so that she shall not have power 
to dispose of the same in the way of anticipation. And after 
the decease of the said Sarah Marie Mayne in trust for such 
child children or remoter issue of the said Sarah Mairie 
Mayne in such shares (if more than one) and in such maner as 
the said Sarah Marie Mayne shall by any deed or deeds or by 
her Will whether under covertureor not appoint. And in 
default of such appointment and so far as any such 
appointment shall not extend in trust for all the children 
of the said Sarah Marie Mayne for being a son or sons shall 
attain the age of twenty one years or being a daughter or 
daughters shall attain that age or marry in equal shares and 
if there shall be only one such child the whole to be trust 
for that one child but so that no child who or any of whose 
issue shall take any share under any such appointment as 
aforesaid shall participate in the unappointed part of the 
siad moiety without bringing the share or shares appointed 
to him or her or his other issue into hotchpot and 
accounting for the same according by unless the said Sarah 
Marie Mayne shall by such appointment direct the contrary . 
And if there shall be no child of the said Sarah Marie Mayne 
who being a son shall attain the age of twenty one then in 
trust for such person or persons and in such manner as the 
said Sarah Marie Mayne shall by any deed or deeds or by her 
Will whether under coverture or not appointed in default of 
such appointment and so far as any such appointment shall 
not extend then upon her trust for the executors and 
administrators of the said Sarah Marie Mayne. And as to the 
remaining moiety thereof to pay the same to my wife and for 
her own use and benefit absolutely. And I declare that my 
Trustees may at any time or times raise any part or parts 
not according together of there sted or presumptive shares 
of any child or either of the said Anne Roche or of the said 
Sarah Marie Mayne under the trusts of this my last will and 
may either pay the monies so to be raised as aforesaid to 
such child or remote issue or otherwise apply the same for 
his or her preferment advancement or benefit as my trustees 
shall think fit. And I also declare that my trustees may 
post one the sale and conversion of my real and personal 
estate or any part thereof so long as they shall think fit 
and that the rents profits and income to accrue from and 
after my decease of and from such part of my estate shall 
for the time being remain unsold and unconverted shall after 
payment of incidental expenses and outgoings be paid and 
applied to the person and persons and in the manner to whom 
and in which the income of the monies produced by such sale 
and conversion would for the time being be payable or 
applicable under this my Will if such sale and conversion 
had been actually made. And also declare that all moneys 
liable to be invested under this my Will may be invested in 
or upon any stocks funds or securities or guaranteed by the 
Government of the United Kingdom .. And British Colony or 
Dependency or in stock of the Bank of England or Ireland or 
the Debentures or Debenture stock or guaranteed or 
preference stock or shares of any Railway or other Company 
in Great Britain or Ireland or India incorporated by Act of 
Parliament or Royal Charter and paying a dividend or its 
ordinary stock or share or S?hon?eal or leasehold securities 
in England or Wales or Ireland but not elsewhere such 
leasehold securities being held for a term whereof sixty 
years at the least shall (unclear) expired at the time of 
such investment and intending money or any mortgage security 
my Trustees may accept whatever title or evidence of title 
shall appear to them sufficient and in particular may in the 
case of leasehold securities waiver the production of the 
Lessor title without being answerable for any loss arising 
thereby and my Trustees may release any part of the property 
comprised in any mortgage security if satisfied that the 
remaining property is a sufficient security for the money 
owing therein. I appoint the said Edward Cleburne, Thomas 
Henry Jermyn and my wife Anne Mayne and daughter Sarah Marie 
Mayne Executors and Executrixes of this my Will and I 
bequeath to each of them the said Edward Cleburne and Thomas 
Henry Jermyn who shall dep(?) As an Executor and Trustee of 
my said Will a legacy of £50 free of legacy duty for his 
trouble in so acting and I declare that the said Thomas 
Henry Jermyn shall be entitled to charge my estate for all 
business done by him in relation to my estate or the trusts 
of this my Will in the same manner as he would have been 
entitled to charge my Executors and Trustees for the same if 
he had not been himself an Executor or Trustee but had been 
employed by my Executors and Trustees to do such business as 
their solicitor in witness whereof I have herein to set my 
hand this 30 December 1885 ------ Robert Mayne ------- 
Signed published and declared by the said testator as and 
for his last Will and Testament in the presence of us who at 
his request in his presence and in presence of each other 
all being present together have hereunto subscribed our 
names as witnesses ---- Richard Norris, Clerk to Thomas H 
Jermyn, Solicitor, Cork --- John Jermyn Solicitors 
Apprentice ---- 

This is a Codicil to the foregoing Will. I 
hereby direct that the legacies left to my grand children 
Robert Francis Guy, Percy Claud Guy and Violet Constance Guy 
shall not be payable unless they are permitted during their 
minorities to reside with or be under the sole control and 
management of my Wife or my daughter Sarah Marie Mayne or 
some other member of my family. I further direct that if the 
legacy of £600 left to my grand son Benjamin Robert Roche 
shall be paid to him by quarterly payments of £25 each the 
first payment to be made at the expiration of 3 months after 
my decease. I hereby confirm said Will in all othe 
particulars. In witness whereof I have hereunto set my hand 
this 24 April 1886 --- Robert Mayne --- Signed by the 
Testator Robert Mayne and for a Codicil to his last Will and 
Testament in the presence of us present at the same time who 
have hereunto subscribed our names as Witnesses in the 
presence of said Testator and of each other Charles Jermyn, 
Solicitors Apprentice, John Jermyn, Solicitors Apprentice