Will: Loughnan, Maria June 10, 1842

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Ireland Genealogy Projects Archives
Kilkenny Index
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File contributed by: Rosalind Dunning ros.dunning@outlook.com February
3, 2018, 3:27 am

WILL: LOUGHNAN, MARIA JUNE 10, 1842

Source: National Archives Kew England
Written: June 10, 1842
Recorded: February 2, 2018

This is the last Will and Testament of me Maria
Loughnan Widow of Peter Loughnan Esqr deceased
and now of Crohill Lodge in the County of Kilkenny I
devise all my real estate of whatsoever tenure and
wheresoever situate and all my chattels real and
personal estate of every nature and kind whatsoever
to which at my decease be entitled either in
possession reversion upon any contingency or
otherwise howsoever unto Nicholas Cahill of Lismayne
and Thomas Wright of Foulksrath both of the County
of Kilkenny Esqrs their heirs executors administrators
and assigns respectively upon trust in the first place to
pay all my just debts funeral and testamentary
expences out of my personal estate and in the event
of my personal estate not being sufficient for that
purpose to pay any balance which may then remain
due out of my real estates which I hereby direct and
empower to be sold or a sufficient part thereof for
that purpose and I bequeath the residue of my
personal estate after payment of my debts to my said
trustees their executors administrators and assigns
respectively upon trust to sell and convert the same
save any chattels real of which I may die possessed or
be entitled to into money and to invest the monies to
arise therefrom in the name or names of the trustees
or trustee for the time being of my will in or on the
public funds or in Government or in real securities at
the option and desire of my daughter hereinafter
mentioned and subject thereto and to the bequests
hereinafter mentioned upon trust to pay the rents and
profits of my said real estates and chattels real and
the interest dividends and produce of such my
personal estate as and when the same shall become
due and not by way of anticipation into the hands of
my daughter Maria Power wife of Francis Robert
Power Surgeon and now of London for her sole and
separate use independently of her said husband and
freed and discharged from all debts and control of his
(and for which rents and profits interest dividends and
produce her receipts alone shall be a sufficient
discharge to my said trustees) for and during her
natural life and from and after her decease to and
amongst and to the use of any child or children which
she may have by her present or any future husband
which she may take in such shares and proportions
and in such manner as she shall by any deed or will
duly attested by two witnesses limit and appoint and
in default of appointment to and amongst such child
or children share and share alike as tenants in
common if more than one and if only one to such only
child absolutely and in the event of my said daughter
dying without having any child living at her death or
who shall have been married in her lifetime then in
trust for and to the use of such person or persons as
my said daughter shall devise the same unto provided
however and it is my will and intention that the said
Francis Robert Power my said daughter's present
husband and every member of the family of my late
husband Peter Loughnan shall be excluded from taking
any benefit whatsoever under by or from such power
of my bequeathing my said estate or property now
given and devised by me to my said daughter and in
the event of any bequest or devise being made by her
to the said Francis Robert Power or to any member of
my said late husband's family it is my will and
intention that such bequest or devise to the amount
thereof shall be void and shall go over and be
distributed and applied in manner hereinafter
mentioned as if my said daughter had died intestate as
to the amount of such bequest or devised and in case
my said daughter shall become entitled in manner
before mentioned to the absolute disposal and
property of and in the said real estate and personal
property of which I have so given her the life use in
the first instance and shall die intestate as to the
whole thereof then my will and intention is that my
said trustees or the survivor of them and the heirs
executors and administrators of such survivor shall
out of the rents and profits of my said real estates and
chattels real and out of the said annual proceeds of
my said personal estate pay in each and every year
upon the anniversary of my decease for ever a sum of
twenty five pounds to such person as shall for the
time being be acting in and performing the duties of a
Roman Catholic Parish Priest in the Parish of Freshford
in the County of Kilkenny and a like sum upon the
same day to the like person in the Parish of   in
the City of Kilkenny such sums of twenty five pounds
and twenty five pounds to be applied and devoted to
the purposes of saying and offering up Masses for the
repose of my soul and the souls of my late husband
and of my said daughter and any child or children
which she may have and who shall have died without
becoming entitled to the benefit of such bequests for
such child or children and as to the rest and residue of
my said real and personal estate after payment of such
annuities of twenty five pounds and twenty five
pounds upon the contingency hereinbefore
mentioned upon trust to pay the annual rents and
profits and produce thereof to such person as
aforesaid who shall for the time being be acting in and
performing the duties of a Roman Catholic Parish
Priest of and in the parish of Freshford to be
distributed and applied by him annually to and
amongst such of the poor of the said Parish as he shall
think fit for their clothing and education and in such
shares and proportions as he shall consider best
suited to carry out the intention of this my will
provided that no one person shall receive any more
than the sum of three pounds sterling in any one year
and in case my said daughter shall be reason of any
such bequest as aforesaid to her said husband or to
any member of my said late husband's family die
intestate in manner aforesaid as to the amount of
such bequest then my will is that the annual produce
of such bequest shall be applied in equal moieties
having masses said and offered up in manner
aforesaid in such Parishes and for the repose of the
souls of the persons hereinbefore mentioned in that
behalf provided it shall not exceed the said sums of
twenty five pounds and twenty five pounds annually
and in case it shall then the surplus to be applied as
the residue of my said estates and property has been
hereinbefore directed to be accredited in case of such
intestacy as aforesaid of my said daughter and it is my
further will that my said trustees shall out of my said
property raise and take the sum of two hundred
pounds to be applied by them in manner following
that is to say fifty pounds thereof to the persons who
shall at the time of my death (or whenever my said
trustees can raise the amount from my assets) be
acting in and performing the duties and functions of a
Roman Catholic Parish Priest and Roman Catholic
Curates of and in the Parish of Freshford fifty pounds
thereof to the like person in the Parish of Saint James
in the City of Kilkenny fifty pounds thereof to the like
person in the Parish of Ballyraggett and fifty pounds
thereof to the persons who shall be performing the
duties and functions of Roman Catholic Parish Priests
in the Convent in Walkin Street in the City of Kilkenny
and my desire is that such sums shall be applied by
such persons respectively in saying and offering up
masses for the repose of my soul according to the
usages and rites of the Roman Catholic Church I leave
and bequeath a sum of one hundred pounds to be
paid by my said trustees to the persons who shall at
the time of my death or whenever my said trustees
can raise the amount from my assets be acting in and
performing the duties and functions of a Roman
Catholic Parish Priest in the Parish of Freshford to be
applied by such person to and amongst such poor
persons within the said Parish as he shall think most
worthy and for the purpose of their praying for the
repose of my soul I further give and bequeath a sum
of twenty pounds to my servant Bridget Power and ten
pounds to Oliver Walshe I declare that if my said
trustees or either of them or any trustees or trustee
to be appointed under this clause in my will shall die
or be unwilling or incompetent to accept or execute
the trusts of my will it shall be lawful for my said
daughter whether covert or sole and after her death
for the competent or accepting trustee or trustees for
the time being if any whether retiring from the Office
of Trustee or not or if none for the Executors or
Administrators of the last deceased trustee to
substitute by any writing under their or his hands or
the hand of any person or persons in whom alone as
the case may be or jointly with any surviving or
continuing trustee my trust estate and property shall
be invested and I exempt every trustee of my will
from liability for losses occurring without his own
wilful default and I authorize him to retain and allow
to himself or his Cotrustee all expences incidental to
the trusteeship and to the instituting and maintaining
and defending any suits or actions in respect of or
concerning my said estates and property and I further
empower my said trustees or trustee for the time
being to make leases in possession and not in
reversion of my freehold estates and chattels real at
the best improved yearly rent which can reasonably
be had for the same without fine and for a term not
exceeding thirty one years or three lives Provided that
as long as my said daughter shall live her assent shall
be testified in writing to the making of any such lease
and if my said daughter shall have no issue by her
present husband and shall marry again I empower her
to settle upon such after taken husband not being a
member of the said Loughnan family an interest for
life only in one moiety of the amount of the rents and
profits and annual produce of my said Estates and
property and at his decease in case he shall survive
my said daughter the estate and principal sums which
shall have produced such moiety shall go and be
subject to the trusts of this my will in like manner as
the other moiety upon the death of my said daughter
shall have become upon any of the contingencies
aforesaid And I appoint my said trustees to be
Executors of my will lastly I revoke all other wills
heretofore made In witness whereof I have hereunto
set my hand this tenth day of June in the year of our
Lord one thousand eight hundred and forty two Maria
Loughnan
(Attestation Clause) James Cullinan _ Joseph ..........

(Codicil revoking the raising and application of a sum
of two hundred pounds and revoking the legacies to
servant executed 12 July 1842 witnessed by James
Cullinan and John O'Flynn)
(2 January 1846 appearance by James Cullinan of
Freshford in the County of Kilkenny Medical Doctor as
to execution of the Codicil)
15 January 1846 Administration with Will annexed to
Anna Maria Power (in the Will written Maria Power)
Wife of Robert Francis Power the Executors having
renounced
PCC Prob11/2029