Will: Fogarty, Michael July 27, 1826 *********************************************** Ireland Genealogy Projects Archives Tipperary Index Copyright ************************************************ File contributed by: Rosalind Dunning ros.dunning@outlook.com February 3, 2018, 1:49 pm FOGARTY, MICHAEL JULY 27, 1826 Source: National Archives Kew England Written: July 27, 1826 Recorded: February 3, 2018 Extracted from the Registry of His Majesty's Court of Prerogative in Ireland I Michael Fogarty Senior of Calra in the County of Tipperary and formaly Purser in His Majesty's Royal Navy being of sound and disposing mind memory and understanding but knowing the uncertainty of this life do make and publish this my last Will and Testament hereby revoking all former Wills by me I will devise and bequeath unto Charles O'Keefe and Hugh Mulcahy both of the Town of Thurles and County of Tipperary Esqs my trustees hereinafter named all my property of what nature or kind whatsoever vested in the English new Four Per Cent Annuities to and upon the following uses intents and trusts that is to say upon trust to Pay unto my Niece Anne Fogarty of Calra in the County of Tipperary the Interest and Annual Proceeds of a sum of two thousand pounds Sterling upon her sole and separate receipt and not in any manner subject to the controul of her said Husband during her lifetime and after her decease to pay and dispose of said sum of two thousand pounds in such manner and proportions as she shall by her last Will or by deed duly executed direct or appoint and further upon trust that they the said Charles O'Keefe and Hugh Mulcahy shall pay unto the said Anne Fogarty any part of the said sum of two thousand pounds not exceeding one half thereof at any time she shall require or have occasion for the same upon her own receipt solely and to and for her own sole separate use and benefit and in that case to pay unto her the Interest or produce of the remaining part only of the said sum of two thousand pounds sterling as aforesaid and upon trust in the next place to pay unto my Nephew Michl Fogarty of Ballitnahow in the County of Tipperary the Interest produce and Annual Proceeds of another sum of two thousand pounds sterling during his natural life and his death to pay unto the Children of the said Michael Fogarty Junior in case he shall have issue the said sum of two thousand pounds upon the respective days of the said Children attaining the age of twenty one years in such shares and proportions as he the said Michael Fogarty Junr shall direct or appoint and in case he the said Michael Fogarty Junr shall die without leaving issue to pay unto my Niece Anne Fogarty the Interest of said sum off two thousand pounds sterling during her lifetime for her sole and separate use as aforesaid and after her decease to and among the Children of the said Anne in case she shall have issue in such shares and proportions and at such time or times as she shall direct or appoint by deed or Will duly executed and in case she shall die without issue to pay and dispose of said sum off two thousand pounds in the following manner that is to say to pay unto Nicholas Fogarty Son of Brother John Fogarty the sum of six hundred pounds part of said sum off two thousand pounds and to pay unto Arthur Allen of Thurles in the County of Tipperary aforesaid a like sum of six hundred pounds Sterling being also part of said sum off two thousand pounds and also to pay unto Judith Hay otherwise Fogarty the sum of four hundred pounds part of said sum off two thousand pounds and to pay unto Ellen Fogarty the Daughter of the said John Fogarty the sum of four hundred pounds being the remaining part of said sum off two thousand pounds and upon trust in the next place to pay unto my Brother John Fogarty the Interest and annual proceeds of another sum of one thousand pounds during his natural life and after his decease to pay and dispose of the said sum in the following manner that is to say to pay unto Nicholas Fogarty the Son of said John Fogarty the sum of three hundred pounds sterling part of said sum of one thousand pounds and to pay unto Judith Hay otherwise Fogarty the sum of two hundred pounds and to pay unto Ellen Fogarty the sum of two hundred pounds part of said sum of one thousand pounds and to pay unto Arthur Allen the sum of three hundred pounds sterling being the remaining part of said sum of one thousand pounds upon trust in the next place to pay unto Patrick Fogarty of Calra in the County of Tipperary the sum of one hundred pounds to be paid to him as soon as conveniently may be after my decease and also upon trust to pay unto my Brother John Fogarty the sum of forty pounds over and above the sum I have hereinbefore left him and also to pay unto Arthur Allen a like sum of forty pounds and also to pay unto Judith hay the sum of thirty pounds and also unto Nicholas Fogarty the sum of forty pounds and to my Sevant Dennis Kett the sum of twenty pounds over and above all wages which I may owe him at the time of my decease and upon trust in the next place to pay all my just debts and funeral expences as soon as conveniently may be after my decease I leave and bequeath unto my said Niece Anne Fogarty all my right title and Interest in and to a House and ..... in the Town of Thurles which I now hold from Lord Landaff and also I will & bequeath unto her my House and .... I leave and bequeath all the rest residue and remainder of my property of what nature or kind whatsoever and not hereinbefore disposed of share and share alike to my Niece Anne Fogarty and my said Nephew Michl Fogarty and I hereby appoint them my Residuary Legatees and hereby appoint the said Charles O'Keefe and Hugh Mulcahy trustees and Executors of this my last Will and Testament and lastly it is my wish and intention that in case my said trustees shall deem it prudent or advantageous that they shall have full power to invest the monies hereinbefore disposed of in any other real or freehold Securities or in Government Security or otherwise for the benefit of the several Persons herein before named but not without their consent to that effect In Witness whereof I have hereunto set my hand and Seal this twenty seventh day of July one thousand eight hundred and twenty six M Fogarty (Attestation Clause) Edmund ........ James Ryan Patt: Bourk Proved at London 19 June 1827 PCC Prob11/1727