Last will and testament of Mary Moylan, nee King.
In the name of God, Amen. I, Mary Moylan, late of Queens Square in the City of Westminster in England, but now residing at seventy-nine Sidney Place, in the borough of Cork in Ireland, widow, being of sound mind and disposing mind, memory and understanding hereby revoking all former and other wills and testamentary papers by me at any time or times heretofore written, made or published, do make, publish and declare this as and for my last will and testament. My desire is and I earnestly request I may be interred with my late dear husband in our vault in Brompton Cemetry near London. I leave, derive and bequeath all such lands, houses, mefsuages, tenements, horeditaments and premises respectively situate, lying and being in the city of Cork, suburbs thereof, County of Cork, and counties of Kerry and Limerick – whereof I am seised, possessed or entitled to and all my estate, right, title term for years and interest therein respectively unto my friends St. John Jefferyes of Blarney Castle in the County of Cork, Esqre., and Robert Ralph Augustus Hawkins of number 25, Old Square, Lincolns Inn in the County of Westminster in England, Esqre., Barrister at Law and the survivor of them his being executors and administrators to sort and upon the several uses, trusts, intents and purposes hereinafter mentioned, expressed and declared of and concerning the same respectively that is to say upon trust by and out of the yearly rents issues and profits of the said several and respective lands, houses, mefsuages, tenements, horeditaments and premises to hand over and pay to or else permit and suffer my servant Anna Maria Flack now residing with me or her assigns to have, receive and take one annuity clear yearly rent or sum of £50 Stg yearly and every year for and during the term of her natural life, the same to be paid and payable to her or her assigns by two even and equal half yearly sales or payments that is to say on the 25th day of March and 29th day of September in each and every year clear over and above all deductions and abatements whatsoever for legacy duty or otherwise the first payment thereof to begin and be made on such and whichever of said days as shall next follow the day of my decease and subject to said annuity or yearly sum of £50 and also to the payment of my just debts, funeral and testamentary expenses upon trust that they, the said St. John Jefferyes and Robert Ralph Augustus Hawkins and the survivor of them his heirs, exors or admors do and shall hand over and pay to or else permit and suffer my daughter and only child Emily Ann MacDonnell, wife of Hercules Henry Graves McDonnell of No. 38 Waterloo Road, Upper Baggott Street in the City of Dublin Esqre., Barrister at Law yearly and every year for and during the term of her natural life to have, receive and take all the rest residue and remainder of the yearly rents, issues and profits of the said several and respective lands, houses, mefsuages, tenements, horeditaments and premises to and for her own sole and separate use and benefit upon her own sole and separate receipt and receipts and free from and without being in any manner charged or chargeable with accountable for or subject or liable to the debts engagements control interference or intermeddling of her husband the said Hercules Henry Graves MacDonnell and as fully freely and unrestrained all intents and purposes as if she the said Emily Ann McDonnell were sole and unmarried and from immediately after the decease of my said daughter upon trust that they the said St. John Jefferyes and Robert Ralph Augustus Hawkins and the survivor of them his heirs, exors and admors do and shall stand remain and continue and be seised possessed of and interested in the said several and respective lands houses mefsuages, tenements, horeditaments and premises and the yearly rents issues and profits thereof respectively (subject as aforesaid) in trust and to and for the use and benefit of my three grand daughters Mary Frances McDonnell, Emily Héloïse McDonnell, Jane Elizabeth McDonnell, children of the said Hercules Henry Graves McDonnell and Emily Ann McDonnell his wife as tenants in common and not as joint tenants each of them to be entitled to her share thereof respectively on attaining her age of 21 years or day of marriage whichever shall first happen the share of any one or more of my said grand daughters dying under said age and without being married or if married dying without leaving a child or children her or them surviving to go to my surviving grand daughter or grand daughters (as the case may be) her or their heirs, exors or admors or assigns as tenants in common and not as joint tenant (and in case all my said grand daughters shall die without leaving a child or children her or them surviving or leaving such that he or they if a son or sons shall die under the said age of 21 years or if a daughter or daughters and that she or they shall die before attaining said age and without being married then upon trust that they the said St. John Jefferyes and Robert Ralph Augustus Hawkins and the survivor of them, his heirs, exors and admors do and shall stand seised and possessed of the said several respective lands, houses, mefsuages, tenements, horeditaments and premises in trust and to and for the use and behoof of my grandson Richard Graves McDonnell (eldest son of the said Hercules Henry Graves McDonnell and my said daughter Emily Ann McDonnell his wife) his heir, excors, admors and assigns for ever and I nominate, constitute and appoint the said St. John Jeffereyes and Robert Ralph Augustus Hawkins Executors of this my will and guardians of the persons and fortunes of my said grand daughters or such of them as shall be surviving at the time of the decease of their said mother in testimony whereof I have hereunto and to a duplicate hereof subscribed my name and affixed my seal this 22nd day of January in the year of our Lord 1853 –
Mary Moylan
Signed, sealed, published and declared by the said testator Mary Moylan of and for her last will and testament in the presence of us who at her request in her presence and in the presence of such other at the same time have hereunto subscribed our names as witnesses –
James Foott 75 South Mall, Cork
John Buckley 31 Grand Parade, Cork
This is a codicil to the last will and testament of me, Mary Moylan late of Queens Square in the City of Westminster in England but now in the Borough of Cork in Ireland widow which will bears date the 22nd day of January 1853 whereas by my said will I did direct my trustees therein named by and out of the yearly rents issues and profits of the several lands, houses, mefsuages, tenements, horeditaments and premises in said will mentioned to pay to or permit and suffer my servant Ann Maria Flack now and still residing with me or her assigns one annuity yearly rent or sum of £50 Stg for and during the term of her natural life payable to her or her assigns as therein mentioned; now I hereby revoke annual and make void my said will so far as regards the said amounts of £50 so thereby bequeathed by me to the said Ann Maria Flack and in lieu place and stead thereof I hereby leave and bequeath to the said Ann Maria Flack the sum of £100 Stg which I direct shall be paid to her within six calendar months next after the day of my decease free of legacy duty and all the charges whatsoever and I hereby charge and encumber all and singular my said lands, houses, mefsuages, tenements, horeditaments and premises respectively situate as aforesaid with the payment of said sum of £100, and I hereby ratify and attest to and confirm my said will in all other respects – In witness whereof I have hereunto and to a duplicate hereof of the same time and date subscribed my name and affixed my seal this 30th day of May in the year of our Lord 1854.
Mary Moylan
Signed, sealed, published and declared by the said Mary Moylan as and for a Codicil to her announced last will and testament in presence of us who at her request in her presence and in presence of each other at the same time have hereunto subscribed out names as witnesses –
James Foott
Alexander Foott