Will:  McCarthy, Justin March 19, 1825

Ireland Genealogy Projects Archives
Dublin Index


File contributed by: Rosalind Dunning 
ros.dunning@outlook.com April 22, 2018, 1:51 pm


Source: National Archives Kew England
Written: March 19, 1825
Recorded: April 22, 2018

In the Name of God Amen I Justin McCarthy of the City of 
Dublin being in good health and sound mind and memory doth 
make and declare this to be my last Will and Testament in 
manner and form following that is to say first I give and 
devise to each of my daughters Kitty Rose and Nancy three 
thousand pounds and also the use of the house and furniture 
in Gardiners place in which I now reside jointly with my 
brother Justin hereinafter mentioned whilst they or either 
of them remain unmarried it being my anxious wish that they 
should reside together until that period should any or 
either of them be obliged or induced to quit or remove from 
the said house before the above stated period by the ill 
treatment ill conduct or any other sufficient cause given to 
her or them by their said brother then it is my Will and 
desire that he or my Executors hereinafter named shall pay 
to her or to them so excluded sixty pounds a year and every 
year whilst so debarred out of the property herein after 
demised to him exclusive of the above mentioned donation 
secondly I give and devise to my only surviving brother Patk 
of the City of Waterford one hundred pounds yearly and every 
year during his natural life payable half yearly together 
with the further sum of two hundred pds payable immediately 
after my death thirdly I give and devise to each of my ill 
conducted Sisters twenty five pounds yearly and every year 
during their then lives payable half yearly together with 
twenty pounds apiece payable immediately after my death 
fourthly I give and devise to each of my deceased brother 
Daniel's daughters or to the survivor of them fifty pounds 
payable immediately after my death lastly I give and devise 
to my only Son Justin the residue or whole remr of my estate 
whether real personal or mixed and of whatever nature or 
kind or wheresoever the same may be situated which I shall 
be possessed of interested in or intitled to at the time of 
my death during the term of his natural life and after his 
death to his male issue in legal succession for ever subject 
to the after mentd regulation and contingencies my daughters 
herein before named shall be paid the interest of their 
respective fortunes half yearly if required until the time 
of their marriage and the prinl sum immediately after 
marriage provided nevertheless and on condition that the 
same shall take place with the consent and approbation of my 
Exors hereinafter named but shall any or either of them be 
so imprudent as to chuse for herself contrary to the advice 
and consent of my said Exors and improper or imprudent 
husband then and in that case it is my Will and desire that 
her or their portions herein devised shall revert to her 
brother Justin herein before mentd or his lawful heir or his 
or either of them issuing ample or approved security to her 
or them so transgressing for the regular payment of two 
hundred pounds a year and every year during her or their 
natural lives payable half yearly and also should any or 
either of them die unmarried her or their portion herein 
devised shall fall to their aforesaid brother or to his 
legal heir shall Justin die unmarried or leave no lawful 
Children after his death the whole of the property hereby 
devised to him shall go to his three sisters before named 
and to my brother Patrick in equal shares but should either 
of them be dead his her or their share shall go to the 
lawful Children if any of such deceased father or mother in 
equal shares should he leave no lawful son or should such 
son die unmarried or if married leave no lawful Male issue 
and that he should leave daughters in this case the whole of 
the property I hereby devised to him should go to these my 
grand daughters and to his sisters before named or to the 
survivors of them or their issue in equal shares as above 
directed but should these Grand daughters die unmarried then 
the whole of this devise is to be disposed of in equal 
shares between my said daughters and my brother Patrick or 
their issue as above specified Should Justin and his three 
Sisters hereinbefore named die unmarried their proportions 
hereby devised to them shall devolve to my brother Patrick 
before named and to his Son and daughters in case of his and 
in that case each of my late brother Daniel's daughters 
herein before named or to the survivors of them or their 
issue if any shall get five hundred pounds each immediately 
paid to them and also to Thomas and Mary Egan my Sister 
Catherine's Son and daughter five pounds between them they 
having already obtained a portion of my means unmeritted and 
afterwars undeseaved (undeserved?)I hereby nominate & 
appoint my worthy friends the right Honble Peter Count D; 
Alton Richd Levisay Esqr Thomas Macklin Esquire and my 
daughter Kitty all of the City of Dublin the survivors or 
survivor of them to be the Exors of this my last Will hereby 
revoking all former Wills by me heretofore made and I also 
request that each of my said Exors will plased to ten pounds 
to be paid out of my last devise to purchase a mourning ring 
as a small mark of my esteem and I earnestly entreat that 
the will excuse the liberty I have taken in appointing them 
to this trust and trouble In Witness whereof I have hereunto 
set my hand and seal this fourth         in the year of our 
Lord one thousand eight hundred and twenty two and in the 
second year of his present Majesty King George the fourth's 
reign Justin McCarthy
(Attestation Clause)
Wm J Fennell _ Ambrose Ryan _ Thomas Beale _ Jos W Fennell 
_Thomas Fennell
Proved at London 19 March 1825 by the oath of Kitty 
otherwise Catherine McCarthy power reserved to other 
Executors inc Richard Livesay in the Will written Levisay
PCC Prob11/1697