Registry of Deeds Index Project — Memorial Transcription
Memorial Number: 51786
Volume: 74
Page: 400
Transcribed from LDS film 0461339 (30 April 2004) — Jenny Hacker
The last will of John Cooke Esq regd the 29th day of Oct 1733 at 11 oclock in the forenoon
To the register appointed for the registring Deeds Wills and so forth a Memorial of the last Will and Testament of John Cooke of Cookborough in the County of Westmeath ESq in the words following viz. in the name of God Amen
I John Cooke of Cookesborough in the County of Westmeath Esqre being desirous to prevent the frequent inconveniencies that so happen by makeing last wills in a hurry in the Times of Sickness without sufficient forethought do therefore being in good health of body and of sound mind & memory (praised be God) but considering the uncertainty of human life & now known how soon it please Him to take me out of this World do make my last Will & Testamt in manner following that is to say Inprimis I confirm all the articles in my marriage settlement and the provisions thereby made and intended for my dearly beloved wife Elizth Cooke
Item Whereas I have a power by my marriage deed of settlement or articles to charge my estates of? inheritance therein mentioned with the sum of one thousand pounds stg I now I do hereby by virtue of the said power charge my said estate with eight hundred pounds part of the said one thousand pounds the said eight hundred pounds to be paid into the homes of Arthur Reynell of Tullynally in the county of Westmeath Esquire his Exors admors or assns at such time in such manner as by the said settlement or articles as is directed for and concerning the payment of the said sum of one thousand pounds with intrest for the said eight hundred pounds untill the same be actually paid the said sum of eight hundred pounds when paid to be by him his Exors admors or assns put and kept out at interest at such securities and at such rates as to him and them shall seem meet but without risques to himself upon the trusts and to the interests and purposes followg (that is to say in trust that he the said Arthur Reynell his exors admors 7 assns do and shall pay and apply the yearly interest and produce of the said eight hundred pounds as the same shall accrue and come in during the naturall life of my daughter Dorcas Reynell als Cooke to such person and persons and for such usses and purposes as she shall by writing under her hand from time to time direct & appoint whose direction or appointments or any discharge given and subscribed by her alone shall be sufficient indemnity to the said Arthur Reynell his exors and admors but neither the said principale money or interest or any part thereof to be lyable to any intermeddling demand or incumbrance of her present husband or any other that she may hereafter marry and upon this furhter trust that upon the decease of the said Dorcas the said principal sum of eight hundred pounds shall goe and be applyed to and for
the uses or uses of such child or children of the said Dorcas as shall be liveing at her decease and in such manner as the said Dorcas by her last will or any other instrument in writing under her hand and seal duly executed and attested by two or more credible witnesses shall direct or appoint and for want of such appointment the said eight hundred pounds to goe to and be equally devided among such child or children and if there be no such child at the time of the said Dorcas� s death then the said eighthundred pounds to go and be paid to such person or persons & for such direction or appointment then the said eight hundred pounds to go to her husband Lieut Richard reynell his heirs exors admors & assigns and I do hereby will and devise that the said Arthur Reynell his exors or admors do shall and may raise the said sum or sums hereby charged on my sd land comprised in my marriage settlement by mortgage or lease of all or any part of my said lands or otherwise to charge and incumber all and singular the sd land for raising the said sum of eight hundred pounds & according to the power given and referred to me by the siad settlement for chargeing and raising the aforesaid sum of one thousand pounds
Item
I give and devise to my said son in law Lieut Richd Reynell the sum of two hundred pounds stg now owe by him to me and for which I have his bond & warrant or attorney and I do hereby order and direct my exors to deliver up the same to him my said son in law to be cancelled imediately after my decease
Item
I give and devise unto my third son John Cooke his heirs and assigns for ever my house and tenements in Dames Street and Castle Lane Dublin in the several tenures or occupations of Robt Adair Esq John Crampton watchmaker Geo Riske stationer and Mister Pooley He my said son John Cooke paying these out unto my said daughter Martha Cooke on the day of her marriage the sum of five hundred pounds stg together with the yearly sum of twenty pounds stg and no more from the time of my decease untill such her marriage but if my said daughter shall dye unmarried then I direct that the said sum of five hundred pounds shall not be a charge upon the said houses and grounds so devised to my said son John Cooke nor the subject to the disposition of my said daughter Martha but merge in the freehold thereof for the benefit of my said son John Cooke
Item
I give and bequeath to my daughter Rebecca Cooke the sum of one thousand five hundred pounds stg
Item
I give and bequeath unto my said daughter Martha the sum of one thousand pounds stg due & owing unto me by the Right Honble James Tynde Esqre over and above the said sum of five hundred pounds stg to be paid her by my said son John incase of her marriage but not otherwise
Item I give and bequeath unto my daughter Frances Cooke the sum of one thousand five hundred pounds stg and to my daughter Elinor Cooke the sum of one thousand four hundd ppounds stg for their respective portions
Item
Whereas I have sufficiently provided for my said son Richard Cooke by a settlement bearing date the thirteenth day of may one thousand seven hundred and twenty six whereby I hav e settled my estate in the county of Kilkenny on him and his heirs after the death of me and my wife and have also sufficiently provided for my daughters Ann Rolton Elizabeth Reynell Cassandra Daniel Jane Nugent and Mary Hudson on their severall marriages I leave to my said daughters the sum of five pounds stg a piece to buy them mourning and no more
Item
I give devise and bequeath unto my said dear wife Elizabeth Cooke my coach charriot and all Item I devise and bequeath to my eldest son Robert Cooke all the rest and residue of my stock of horses and also all my black cattle and sheep that i shall have at the time of my decease my coach cattle and also fifteen of my best milch cows such as she shall choose and also all my ??oad gold and plate and the furniture of my house at Cookesborough
Item
Also all the rest residue and remainder of my plate jewells ready money debts standing out
goods and chattels estate effects and substances whatsoever and wheresoever not herein before disposed I give devise and bequeath the same and every part thereof unto my said wife Elizabeth Cooke to her own proper use and benefit and to be absolutely at her own disposal and in case my personall estate shall not be sufficient to defray and discharge my funerall expenses and debts & specified bequests and legacies given by this my will then and in such case it is my will and mind that such deficiency shall be equally deducted out of the shares and proportions hereinbefore given to my severall children hereinbefore named except my daughter daughter Dorcas Reynell who shall not bear any proportion of such deficiency
Item
In regard it is my ernest desire that a good agreement may be preserved among all my children and that keeping their respective interests separated from each other may contribute thereto therefore for that and no other reason I have not thought fit to nominate my eldest son Robt Cooke one of the exors of this my will but do hereby nominate constitute and appoint my sd dear wife Elizabeth Cooke and my said sons Richd Cooke and John Cooke to be exors of this my will and do ernestly recommend to all my dear children to have one regard to the advice of my said eldest son and of my said exors in all their affairs in witness whereof I have hereunto put my hand and seal the fifth day of may in the year of our Lord one thousand seven hundred and thirty which said will is witnessed by Robt Adair of the City Esqre Joseph Landers Cthe? Henry Buckley of the same publick Notary and by the said Henry Buckley and also a memoriall of a Codicill to the said will annexed likewise in the words following viz.
I John Cooke of Cookesborough in the County of Westmeath Esqre do make and declare the words following to be part of my last will and testament perfected by me and dated the fifth day of May last and I have thereunto fixed the same and declare this writing as a codicill and to stand as part of my said will & testament in which said last will and testament amongst other bequests and legacies to my unmarried daughters I did therein bequeath to my daughter Elinor Cooke for her fortune and portion the sum of fourteen hundred pounds now I do hereby declare and it is my will that in case I should in my lifetime marry my said daughter Elinor to Samuel Lucas Esq or any other person & pay to her or such person she shall so marry the said fortune of fourteen hundred pounds then it is my will that my said bequest of fourteen hundred pounds in my said last will and testament to which this is fixed as a codicil be utterly void to all intents and purposes as if no such bequest was ever made or intended but if it should so happen that I do not marry her in my lifetime and pay to her or her husband the said bequest or fortune then the said legacy of fourteen hundred pounds to remain and stand good to her as to my other unmarried daughters and whereas in my said last will & testament I bequeathed and left to my daughter Martha the sum of fifteen hundred for her fortunes that is to say the sum of one thousand pounds to be paid her out of the mortgages on Old ?awn and five hundred pounds more to be raised and paid of the concerns left and devised to my son John Cooke now it is my will and i do hereby declare it be my real intention that in regard to the great infirmity and decay of my said daughters eyesight and for no other cause whatsoever I recomend and direct that the fortune left her in the annexed will be not paid her unless she marries with the consent of her sisters Ann Rolton Elizabeth Reynell and Cassandra Daniel or any two of them and if she should marry without the consent of her sisters as aforesaid then it is my will and real intention that the five hundred pounds charged on my said son John Cooke shall absolutely go to and be released to him and his heirs and that my said daughter Martha shall be no way intitled thereto or have any power in her to demand the some(sic) from him or the interest devised to him but it is my will that she dispose of the thousand pounds on Old Baune (Bourne?) as she shall think fit in witness whereof I have hereto put my hand and seal
the 25th day of October 1730 which said codicil is witnessed by the said Robt Adair jane his wife &
Jane Sinnot of the City of Dublin widow and this Meml is witnessed by Henry Chritchley and Bartholomew Delandre Clk to Wm Parry of Dubn Pub Notary
seals etc
Deliverd to Dep Reg 29 Oct 1733 at or near 11 oclock forenoon